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HomeMy WebLinkAboutR17-064 Approval Tree Farm PUD File No. PDP-4986 Commissioner VAC.QVI�c..t--4L--i moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO OLORADO y RESOLUTION NO. 2017- 0`0 1- APPROVAL OF THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN FOR THE TREE FARM PLANNED UNIT DEVELOPMENT FILE NO. PDP-4986 WHEREAS, on or about July 14, 2014, the County of Eagle, State of Colorado, accepted for filing an application submitted by Woody Ventures, LLC, a Colorado limited liability company(hereinafter"Applicant") for approval of the Preliminary Plan for the Tree Farm Planned Unit Development(the"Preliminary Plan for PUD"), File No. PDP-4986; and, WHEREAS,the Applicant requested approval of a Preliminary Plan for PUD for a proposed development consisting of 340 residential dwelling units utilizing up to 379,635 square feet, and up to 134,558 square feet of floor area for commercial and light industrial uses, including retail, restaurant, service, office, civic and recreational uses, on a 42.91-acre site located at 401 Tree Farm Drive and more particularly described in the legal description attached hereto as Exhibit A, located in unincorporated Eagle County(the"Property"); and, WHEREAS, at the time of submittal of the application for the Preliminary Plan for PUD and the preceding Sketch Plan (as defined below), the Property was already zoned PUD pursuant to the Board's approval of the Preliminary Plan for the Kodiak Park Planned Unit Development ("PUD") in 1994. The Kodiak Park Preliminary Plan for PUD approval lapsed in 1997, but the Board never took action to rezone the Property to its prior zoning (Resource) or any other zone district, leaving the Property zoned "PUD" but with no site specific development or specific permitted uses. There is currently no underlying use schedule or dimensional limitations for the Property pursuant to the Eagle County Land Use Regulations (the "ECLUR"). The current application for the Preliminary Plan for PUD represents a request for an entirely new PUD approval for the Property that will supersede and replace in all respects the prior PUD approval from 1994; and, WHEREAS, effective as of September 1, 2009, the Eagle County Board of County Commissioners (hereinafter "the Board") approved the application for Sketch Plan (Eagle County File No. PDS-1567) for the Tree Farm PUD (the "Sketch Plan") pursuant to Board Resolution No. 2009-122; and, 1 Eagle County, CO 201718206 Regina O'Brien 09/21/2017 Pgs: 163 11:37:28 AM REC: $0.00 DOC: $0.00 WHEREAS, in accordance with Section 5-240.F.2.e (3) of the ECLUR, a Sketch Plan for PUD is valid for two (2) years from the date of its issuance,but approval of a Sketch Plan for PUD may be extended pursuant to Section 5-240.F.2.e (5) of the ECLUR and there is no limit on the number of such extensions that may be granted provided the applicable standards are satisfied; and, WHEREAS, in accordance with Section 5-240.F.2.e (5) of the ECLUR, the Applicant timely applied on or about December 21, 2010 for an extension of its Sketch Plan approval, and pursuant to Resolution No. 2011-61, the Board granted a two-year extension (Eagle County File No. PR-3147) of Sketch Plan approval on April 26, 2011, meaning the expiration date of the Sketch Plan approval was extended from September 1, 2011 to September 1, 2013; and, WHEREAS, in accordance with ECLUR Section 5-240.F.2.e (5), the Applicant timely applied on or about July 11, 2013 for a second extension of Sketch Plan approval, and pursuant to Resolution No. 2014-105, the Board granted a second two-year extension (Eagle County File No. PR-4395) of Sketch Plan approval on August 20, 2013, meaning the expiration date of the Sketch Plan approval was extended from September 1, 2013 to September 1, 2015 (with it being acknowledged that such Resolution erroneously stated that the original Sketch Plan approval occurred on September 1 ,2010 instead of September 1, 2009); and, WHEREAS, Board Resolution No. 2011-61 and Board Resolution No. 2014-105 by which the Sketch Plan approval was extended are both attached hereto as Exhibit B; and, WHEREAS, in accordance with ECLUR Section 5-240 F.2.e (4), Sketch Plan approval shall be null and void unless an application for Preliminary Plan for PUD is submitted and deemed sufficient by the Community Development Director within two (2) years after the date of approval of Sketch Plan for PUD (or any extension thereof). An application for Preliminary Plan for PUD was timely submitted and deemed sufficient by the Community Development Director on or about October 29, 2014, which date is within two years of Sketch Plan approval, as extended; and, WHEREAS,notice of the proposed Preliminary Plan for PUD was given to all proper agencies and departments as required by ECLUR Section 5-210.E; and, WHEREAS,notice of the proposed Preliminary Plan for PUD was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Roaring Fork Regional Planning Commission(hereinafter the"Planning Commission") and the Board; and, WHEREAS, at its regular public hearings held on June 4, 2015, July 2, 2015, July 16, 2015, August 6, 2017, September 3, 2015, September 17, 2015, October 22, 2015, and 2 November 5, 2015, the Planning Commission considered the proposed Preliminary Plan for PUD; associated plans; and the statements and concerns of the Applicant, Eagle County Community Development and Engineering staff, and other interested persons; and, WHEREAS, on November 5, 2015, the Planning Commission,based upon its findings, recommended denial with conditions of the proposed Preliminary Plan for PUD; and, WHEREAS, at its regular public hearings held on March 21, 2017, April 11, 2017, April 24, 2017, June 1, 2017, and June 26, 2017, the Board considered the proposed Preliminary Plan for PUD; associated plans; and the statements and concerns of the Applicant, Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Planning Commission; and, WHEREAS,based on the evidence, testimony, exhibits, study of the Eagle County Comprehensive Plan and the Mid Valley Area Community Plan, comments and recommendations of the Community Development Department Staff, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board finds as follows: THAT,pursuant to ECLUR Section 5-240.F.3.d., the proposed Preliminary Plan for PUD conforms to the approval given to the Sketch Plan for PUD. The purpose of Sketch Plan review is to evaluate the basic concepts for development of the proposed PUD. It is the time to reach general agreement on such issues as the appropriate range of units and commercial space for development; the types of uses; dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped; the general alignment for access; and whether water supply and sewage disposal will be provided via on-site systems or through connection to public systems. A Sketch Plan is intended to be conceptual in nature. The purpose of Preliminary Plan review is for the applicant to respond to the issues and concerns identified during Sketch Plan review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved Sketch Plan. The Board finds that the Preliminary Plan for PUD conforms to the Sketch Plan approval for the Property. Both the Sketch Plan and the Preliminary Plan proposed a mixed-use development with similar types of uses; the overall development plan proposed by the Preliminary Plan is similar and sufficiently comparable to the development plan proposed in the Sketch Plan(though the area of the plan has been reduced and some lower density residential elements have been eliminated); and the changes that were made to the Preliminary Plan for PUD were in response to issues and concerns identified during Sketch Plan review and recommendations from Planning Commission, County staff, and referral agencies. THAT, the Board further finds that the Preliminary Plan for PUD complies with the standards in ECLUR Section 5-240 F.3.e. for review of a PUD Preliminary Plan PUD, as set forth below: 3 1. Unified ownership or control. [Section 5-240.F.3.e(1)] - The title to all land that is part of this PUD is owned or controlled by one(1)person. 2. Uses. [Section 5-240.F.3.e (2)] —At the time of application for the Prelimininary Plan for PUD in this case, the Property was already zoned PUD pursuant to the Board's approval of the Preliminary Plan for the Kodiak Park PUD in 1994. The Kodiak Park Preliminary Plan for PUD approval lapsed in 1997, but the Board never took action to rezone the Property to its prior zoning(Resource) or any other zone district, leaving the Property zoned"PUD"with no site specific development or specific permitted uses. Thus, at the time of the application for the Tree Farm Sketch Plan and Preliminary Plan for PUD, the zone district in effect for the Property was PUD. Pursuant to Section 5-240.F.3.e(2) of the ECLUR, the uses that may be developed in a PUD are those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule"or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the application for PUD. tThe Application proposes a mixed- use, transit-oriented PUD that includes many of the uses listed in Tables 3-300 and 3- 320 of the ECLUR, which uses were also permitted under the Kodial Park PUD. Moreover, variations of the designated uses for a zone district may be authorized pursuant to Section 5-240 F.3.f, and variations to designated uses were authorized as requested in this Preliminary Plan for PUD as necessary to allow the Applicant to obtain, among other things, desired design qualities to permit the integration of mixed uses and allow for greater variety in the type, design and layout of buildings and to allow the mixing of residential and non-residential uses, as provided in Section 5-240 F.3.f(a) of the ECLUR. 3. Dimensional Limitations. [Section 5-240.F.3.e (3)] —Pursuant to Section 5-240.F.3.e (3) of the ECLUR, the dimensional limitations that shall apply to a PUD are those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. As described above, the Property was already zoned PUD when the Application was submitted, but the Preliminary Plan for the Kodiak Park PUD had lapsed. Therefore, there are currently no underlying dimensional limitations for this Preliminary Plan for PUD. To the extent the dimensional limitations contained in the current Preliminary Plan for PUD approved hereby are not consistent with the original Kodiak Park PUD, variations of these dimensional limitations have been authorized pursuant to Section 5-240 F.3.f., Variations Authorized, to allow the Applicant to obtain, among other things, desired design qualities. 4. Off-Street Parking and Loading. [Section 5-240.F.3.e(4)] - It has been demonstrated that off-street parking and loading provided in the PUD does comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A 4 reduction in certain parking standards has been authorized because the Applicant has demonstrated that due to shared parking arrangements, the parking needs of residents, guests and employees of the project will be met and/or that based on the transit oriented development nature of the PUD, the actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. See Variance Table attached hereto as Exhibit C. 5. Landscaping. [Section 5-240.F.3.e (5)] - It has been demonstrated that the landscaping proposed for the PUD does comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards, with certain variations authorized pursuant to Section 5-240 F.3.f., Variations Authorized, to allow the Applicant to obtain, among other things, desired design qualities. . See Variance Table attached hereto as Exhibit C. 6. Signs. [Section 5-240.F.3.e (6)] —The Applicant has demonstrated that signs within the PUD will comply with the standards of Article 4, Division 3, Sign Regulations. 7. Adequate Facilities. [Section 5-240.F.3.e (7)] - It has been demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, fire protection and roads that will be conveniently located in relation to schools, policy and fire protection and emergency medical services. 8. Improvements. [Section 5-240.F.3.e (8)] - It has been demonstrated that the improvements standards applicable to the development are as specified in Article 4, Division 6, Improvements Standards regarding: (a) safe, efficient access, (b) internal pathways, (c) emergency vehicles, (d) principal access points, and (e) snow storage. Provided, however,portions of the development will deviate from the County's standards for roads, sidewalks, recreational paths,parking stalls and roadway intersection level of service, so the development achieves greater efficiency of infrastructure design, multi-modal access,pedestrian accessibility, and installation through clustered or compact forms of development and achieves greater sensitivity to environmental impacts. See Variance Table attached hereto as Exhibit C. 9. Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The PUD is generally compatible with the existing and currently permissible future uses of adjacent land and other lands, services or infrastructure improvements that may be substantially impacted. 10. Consistency with Master Plan. [Section 5-240.F.3.e(10)] —The PUD is in substantial conformance with the Eagle County Comprehensive Plan and the Mid Valley Area Community Plan, and all other applicable ancillary County adopted documents including the Eagle County Housing Guidelines, and those pertaining to natural 5 resource protection, and infrastructure management. Specifically, as set forth in staff's report for the Tree Farm Preliminary Plan for PUD ("staffs report"), the Preliminary Plan meets a preponderance of master plan goals, policies, objectives and implementation strategies, while adhering to Future Land Use Map designations and prescribed uses, particularly with respect to the Mid Valley Area Community Plan. Areas of conformance include: conformance with applicable general development goals, policies and recommended strategies, such as the promotion of compact, mixed-use development within or adjacent to existing community centers; conformance with applicable economic resources goals, policies and recommended strategies, including ensuing that commercial/retail development occurs in locations that are compatible with surrounding uses; conformance with applicable housing goals, policies and recommended strategies as set forth in the Eagle County Housing Guidelines; conformance with applicable infrastructure and service goals, policies and recommended strategies, such as locating new development in areas served by adequate roads and paths and within reasonable distance to a mass transit hub; and conformance with applicable water resource and wildlife goals,policies and recommended strategies. The Board further finds that the Tree Farm Affordable Housing Plan meets the purpose and intent of the Eagle County Housing Guidelines (the"Guidelines"). Provision of a minimum of 85 affordable housing units would have been necessary to meet the goals of the Guidelines. The Housing Plan actually exceeds the Guidelines because it proposes provision of a mix of 40 affordable rental units, 10 price capped deed restricted units and approximately 150 resident-occupied deed-restricted units,resulting in a unit equivalent of 100 affordable housing units. The Board approves the Applicant's treatment and regulation of the resident-occupied deed-restricted units as detailed in the Tree Farm Affordable Housing Plan, included in the PUD Guide pursuant to Section 5-240.F.3.f(3).e of the ECLUR, to assure that long term affordable housing is provided in the PUD. 11.Phasing. [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD does include a phasing plan for the development. 12. Common Recreation and Open Space. [Section 5-240.F.3.e(12)] -The PUD does comply with the common recreation and open space standards with respect to (a) minimum area, (b) improvements required, (c) continuing use and maintenance; and (d) organization. 13.Natural Resource Protection. [Section 5-240.F.3.e(13)] - The PUD does consider 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. 6 THAT,pursuant to ECLUR Section 5-240 F.3.d, action approving with conditions a Preliminary Plan for PUD shall require adoption of a resolution, which resolution shall constitute final action on the application by the Board. Finalization of the resolution must occur within 90 days of the Board's vote to approve with conditions the Preliminary Plan for PUD application. The Board voted to approve the Preliminary Plan for PUD at a public hearing held on June 26, 2017, and this resolution is adopted as of September 19, 2017, which date is within 90 days of the Board's vote. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, subject to the conditions set forth below, the application for the Preliminary Plan for Planned Unit Development for the Tree Farm PUD dated July, 2014, and as subsequently amended and revised, is hereby approved for the Property more particularly described in Exhibit A; and, THAT,Board Resolution No. 2011-61 and Board Resolution No. 2014-105 by which the Sketch Plan approval was extended, are both attached hereto as Exhibit B; and, THAT, the approved Tree Farm Planned Unit Development Guide, dated July 2017, is attached hereto as Exhibit C; and, THAT, the approved Variance Table is attached hereto as Exhibit D; and, THAT,the approved Planned Unit Development Agreement for the Tree Farm PUD, dated September 19, 2017, is attached hereto as Exhibit E; and, THAT, this Resolution shall serve as an agreement binding the Tree Farm Planned Unit Development to the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval. 2. The Applicant,prior to submission of any final plat for subdivision within the Tree Farm PUD (hereinafter"Final Plat"), shall provide evidence that the Applicant has paid its remaining obligation for $857,505 documented in a letter from Dave Marrs to the Town of Basalt dated July 7, 2014, related to a cost sharing agreement between the Applicant, the Town of Basalt, Mariner Real Estate Investment, LLC (Willits Town Center), and the Roaring Fork Transportation Authority(RFTA), for the Hwy. 82 pedestrian underpass construction. 7 3. All Final Plats will contain the Certifications required pursuant to ECLUR Section 5-280, as they maybe modified with the County's approval to conform to the requirements and terms of the Tree Farm PUD Guide (the "PUD Guide"). With respect to the required Certification of Dedication and Ownership on each Final Plat, such Certification shall dedicate the public roads and related improvements shown on each such Final Plat to the public while providing for or permitting(i) a metropolitan district to be responsible for the operation, maintenance, repair, and replacement of such roads and improvements; (ii) the right of appropriate public and private utility providers to install, operate,maintain, repair and replace utility service facilities within such roads in accordance with the Final Plat approval; and (iii)the right of all emergency vehicles to make use of such roads. 4. Any and all Final Plats affecting Planning Parcels "A"through"G" shall include a plat note, as follows: "Prior to or concurrent with the submission of building permit applications for all new development upon Parcels A-G, the Applicant or its successors or assigns shall submit evidence to the County Engineer that specific parcel development plans are consistent with the Preliminary Plan Traffic Study(Fox Tuttle Hernandez Transportation Group). If specific development plans on Parcels A-G are not consistent with such Preliminary Plan Traffic Study, the developer shall submit to the County an updated traffic analysis for the affected Parcel(s) to ensure that traffic generation for the intended land use is in compliance with the Eagle County Land Use Regulations, as may be amended from time to time, as well as the Colorado Department of Transportation Access Code in effect at the time of development." 5. Any and all Final Plats affecting Planning Parcels "A"through"G" shall include a plat note, as follows: "Prior to or concurrent with the submission of building permit applications for all new development upon Planning Parcels A-G, the Applicant or its successors or assigns shall provide evidence to the Chief Building Official for Eagle County demonstrating that development plans being applied for have been reviewed by the Basalt&Rural Fire Protection District specific to the District's code compliance review procedures and requirements and; specifically,to ensure that development plans comply with applicable fire code in effect at the time of permit review, and/or reflecting variations approved by the District." 6. The Applicant or its successors or assigns shall adhere to the recommendations made by Colorado Geologic Survey(CGS) in their letter dated December 14, 2016, prior to design and/or construction on any lot or parcel located within the PUD. 7. The Applicant or its successors or assigns shall create a Public Improvement Fee (PIF), and/or a Metropolitan District Sales Tax, within the PUD boundaries, for the purpose of generating revenue to be used to fund public improvements or services. Funds generated by such fee or district sales tax shall be created and distributed for the purpose of providing, maintaining, repairing,replacing and operating public improvements, including without limitation, transportation facilities and services, law enforcement 8 facilities and services, sanitation facilities and services, street improvements, curbs, gutters, culverts, drainage facilities, sidewalks, parking facilities,paving, lighting, grading, landscaping, trails, storm and wastewater management facilities, dry utility facilities, water and water storage facilities and any land acquisition costs related to any such facilities or services. 8. The Applicant has voluntarily proposed to record against The Tree Farm PUD a covenant for the purpose of imposing a real estate transfer assessment(the"RETA Covenant")providing that upon the occurrence of any non-exempt transfer(as defined by the RETA Covenant) of any lot, parcel, commercial building or commercial condominium unit within the PUD,the transferee under such transfer shall pay a fee equal to one(1%)percent of the value of the consideration exchanged for the transfer of such lot, parcel, commercial building or commercial condominium. Initial sales by the Applicant or its successors and assigns will be subject to the RETA. Such RETA funds will be paid to and used by Eagle County in its discretion for public purposes. The RETA is separate from the 1%real estate transfer fee that will apply exclusively to the sale of Resident Occupied for sale housing units to Non-Eligible Households, as set forth in the Tree Farm Affordable Housing Plan. The RETA was volunteered by the Applicant and will be privately imposed by the Applicant pursuant to the terms of the RETA Covenant and is not a tax being levied by Eagle County. 9. Table 9.1 Parking Requirements of the PUD Guide has been revised to address the Board's condition of approval#9 by stating: Prior to issuance of a building permit which would result in construction of more than 55% of total allowable dwelling units, the Applicant or its successors or assigns shall provide to Eagle County a parking rate study of the previously constructed units to determine total parking utilization. If the study determines that the built and/or planned parking supply is inadequate, the Applicant or its successors or assigns shall be required to provide additional parking management strategies acceptable to the County Engineer, and/or provide additional parking to accommodate the projected parking demand prior to building permit issuance. Eagle County may require a follow-up study prior to issuance of a building permit which would result in construction of more than 75% of total allowable dwelling units, to verify that the parking supply is adequate prior to buildout of the remaining allowable dwelling units. The parking rate study shall be conducted at full and/or normal residential occupancy, and shall be coordinated with the County Engineering Department regarding timing and methodology. The purpose of the parking rate study is to validate the appropriateness of the Multi-Family residential parking rates as listed in Table 9.1, and to make parking rate adjustments for Multi-Family Units as necessary. 10. The Lane Family Conservation Subdivision application for property owned by the Lane family adjacent to The Tree Farm PUD shall be approved by the Board as a separate land use file prior to submission of the first Final Plat for The Tree Farm PUD. 9 11. The first sentence of Section 4.2.6 of the PUD Guide has been revised to read as follows to address the Board's condition of approval #11: "4.2.6 Street Standards Planning Area 2 shall include one street type, as follows: (1)Urban Residential. This two-way asphalt street type shall have two (2)twelve(12) foot wide travel lanes, and both sides of the street shall have a three(3) inch mountable curb." 12. The PUD Guide and Tree Farm PUD Design Guidelines, as applicable, have been revised to reflect changes as indicated in the letter from the applicant dated May 23, 2017, addressing the following items: Affordable Housing Plan; Development Schedule of Affordable Housing; Lodging Commercial Space; Construction Site Management; Kodiak Lake Management; and the Real Estate Transfer Assessment(RETA). 13. The Applicant and its successors and assigns shall comply with all terms and conditions of any required CDOT access permits. THAT,the Board directs the Community Development Director to provide a copy of this Resolution to the Applicant; and 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 the 19th day of September, 2017, nunc pro tunc to the 26th day of June, 2017. A'$004, COUNTY OF EAGLE, STATE OF 1: COLORADO, by and Through Its ATTEST: - * BOARD OF COUNTY COMMISSIONERS o it coL s?. F.N. f o.�vt� By: Regina O'Brien Jillian H. Ryan Clerk to the Board of Chairman County Commissioners e., e McQueeney dm e issio /1 l//A . i ' C Kathy C dler-Henry Commissioner 10 Commissioner 0JN46-i9Plum—seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan -€ Commissioner Jeanne McQueeney n►414 I' Commissioner Kathy Chandler-Henry c, • /U This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 12 THE TREE FARM PUD - LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 2, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35; THENCE S37°19'54"E A DISTANCE OF 1675.92 FEET TO A POINT IN THE CENTER OF ROBINSON DITCH, THE POINT OF BEGINNING; THENCE LEAVING SAID CENTER OF DITCH S22°30'00"E A DISTANCE OF 266.20 FEET; THENCE S42°30'00"E A DISTANCE OF 408.52 FEET; THENCE S17°30'00"W A DISTANCE OF 212.31 FEET; THENCE S42°30'00"E A DISTANCE OF 890.99 FEET; THENCE 568°32'28"E A DISTANCE OF 254.69 FEET; THENCE S42°30'00"E A DISTANCE OF 209.26 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE AMENDED PLAT OF LAURA J. ESTATES AS RECORDED IN BOOK 264 ON PAGE 119 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF EAGLE, STATE OF COLORADO; THENCE ALONG SAID WESTERLY BOUNDARY OF LAURA J. ESTATES THE FOLLOWING TWELVE (12) COURSES: 1) S11°09'07"E A DISTANCE OF 60.86 FEET; 2) S17°15'53"W A DISTANCE OF 79.16 FEET; 3) S28°12'53"W A DISTANCE OF 90.82 FEET; 4) S82°15'53"W A DISTANCE OF 162.69 FEET; 5) 560°06'53"W A DISTANCE OF 135.86 FEET; 6) 505°49'07"E A DISTANCE OF 36.83 FEET; 7) S24°04'53"W A DISTANCE OF 96.33 FEET; 8) S33°15'53"W A DISTANCE OF 80.60 FEET; 9) S35°03'53"W A DISTANCE OF 104.58 FEET; 10) S09°40'53"W A DISTANCE OF 41.48 FEET; 11) S06°46'07"E A DISTANCE OF 134.08 FEET; 12) S35°57'53"W A DISTANCE OF 54.31 FEET TO A POINT ON THE EASTERLY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE LEAVING SAID WESTERLY BOUNDARY OF AMENDED PLAT OF LAURA J. ESTATES, ALONG THE EASTERLY LINE OF SAID COLORADO STATE HIGHWAY NO. 82 THE FOLLOWING NINE (9) COURSES: 1) NO2°35'48"E A DISTANCE OF 62.12 FEET; 2) N57°57'19"W A DISTANCE OF 224.17 FEET; 3) N26°10'11"W A DISTANCE OF 260.72 FEET; 4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2969.79 FEET AND A CENTRAL ANGLE OF 13°49'34", A DISTANCE OF 716.64 FEET, (CHORD BEARS N31°11'14"W A DISTANCE OF 714.90 FEET) 5) N39°29'38"W A DISTANCE OF 213.84 FEET; 6) N43°04'19"W A DISTANCE OF 399.20 FEET; 7) N40°12'01"W A DISTANCE OF 700.00 FEET; 8) N44°40'59"W A DISTANCE OF 127.94 FEET; 9) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 02°27'59", A DISTANCE OF 249.87 FEET, (CHORD BEARS N41°26'01"W A DISTANCE OF 249.85 FEET); THENCE LEAVING SAID EASTERLY LINE, S86°16'27"E A DISTANCE OF 62.53 FEET; THENCE N19°50'03"W A DISTANCE OF 67.58 FEET; THENCE N26°04'13"W A DISTANCE OF 119.52 FEET; THENCE N10°47'33"W A DISTANCE OF 38.25 FEET; THENCE N05°45'28"W A DISTANCE OF 44.33 FEET; THENCE S72°02'43"E A DISTANCE OF 111.27 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 335 ON PAGE 987; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE THE FOLLOWING FOUR (4) COURSES: 1) S73°35'34"E A DISTANCE OF 292.72 FEET; 2) N87°40'46"E A DISTANCE OF 252.41 FEET; 3) S65°19'14"E A DISTANCE OF 169.34 FEET; 4) N68°34'11"E A DISTANCE OF 238.80 FEET; THE POINT OF BEGINNING. SAID PARCEL CONTAINING 42.908 ACRES MORE OR LESS. EXHIBIT B RESOLUTIONS APPROVING EXTENSION OF SKETCH PLAN APPROVAL 13 EAGLE MINTY. CO 201113213 TEAK J SIMONTON Zr, ooc: s a else.e7Pn 07/14/2011 se.ea 101 ICI IINI NIN NIN NIN INI NIN IM NI NI I N NII Commissioner ,e moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2011- 61 APPROVAL OF THE EXTENSION OF THE SKETCH PLAN FOR THE TREE FARM PLANNED UNIT DEVELOPMENT • FILE NO.PR-3147 WHEREAS,on or about December 21,2010,the County of Eagle,State of Colorado, accepted for filing a request submitted by Woody Ventures,LLC,(hereinafter"Applicant")for approval of a two-year extension to the Sketch Plan for the Tree Farm Planned Unit Development,(Eagle County File No.PDS-1567);and, WHEREAS,the Applicant requested the extension to the Sketch Plan for Planned Unit Development for a proposed development consisting of 319 residential dwelling units totaling 392,819 square feet and 96,375 square feet of floor area for commercial and mixed uses, including retail,restaurant,service,office,light industrial and recreational uses,on a 71.71 acre site located at 401 Tree Farm Drive;and, WHEREAS,notice of the extension request was not required by the Eagle County Land Use Regulations,Section 5-210.E;and, WHEREAS,at its regular public bearing held on April 26,2011,the Eagle County Board of Commissioners(hereinafter"Board"),considered the proposed extension request;associated plans,materials in support of the request and relevant review criteria;and the statements and concerns of the Applicant,the Eagle County Community Development and Engineering staff, and other interested persons. BASED ON THE EVIDENCE BEFORE IT,and with the modifications imposed by the conditions hereinafter described,THE BOARD FINDS AS FOLLOWS: Pursuant to the Eagle County Land Use Regulations,Section 5-240.2.E(4)--Extension: • 1 201113213 1 OF 3 1. Failure to obtain approval of the Preliminary Plan for PUD was beyond the applicant's control (allowing reasonable time for the review process); 2. The Sketch Plan for PUD is not speculative in nature; 3. The Sketch Plan for PUD still complies with the LUR's and Comprehensive Plans; and 4. There is a reasonable likelihood the Preliminary Plan for PUD will be developed in the next two years. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO: THAT,subject to the conditions set forth below, which shall be applicable and in addition to all previously approved conditions, the request for a two (2) year extension, beyond the current expiration date of September 1, 2011, for the Sketch Plan for Planned Unit Development for the Tree Farm PUD (Eagle County File No. PDS-1567) be and is hereby approved: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 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 the day of 2011, nunc pro tunc the twenty-sixth day of April, 2011. 2 . COUNTY OF EAGLE, STATE OF COLORADO,by and Through Its ATTEST: BOARD OF _ •UNTY COM SIONERS lose :By: irdisa • Teak J. Simonto Jon ey Clerk to the Board of �° Cha 'an County Commissioners Peter F. Runyon Commissioner Sara J. fisher Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was follows: Commissioner Jon Stavney Commissioner Peter F. Runyon Commissioner Sara J. Fisher This Resolution passed by g. vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 Commissioner C44a3.kt 014.0— Wr..e..,V1-1noved adoption of the following Resolution: RESOLUTION of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2014- 109 APPROVAL OF THE SECOND EXTENSION TO THE SKETCH PLAN FOR THE TREE FARM PLANNED UNIT DEVELOPMENT FILE NO.PR-4395 WHEREAS,on or about July 11,2013,the County of Eagle,State of Colorado,accepted for filing a request(Eagle County File No.PR-4395)submitted by Woody Ventures,LLC,(hereinafter "the Applicant") for a second, consecutive two (2) year extension of the Sketch Plan for Planned Unit Development for the Tree Farm PUD(herein after"the Sketch Plan")to allow for a multi-use development consisting of 319 residential dwelling units totaling 392,819 square feet, and up to 96,375 square feet of commercial and mixed-use floor area, including retail, restaurant, service, office,light industrial and recreational uses,on a 71.71 acre site located at 401 Tree Farm Drive in the El Jebel area of unincorporated Eagle County,described as follows: A tract of land situated in Section 2, Township 8 South, Range 87 West, Sixth Principal Meridian; in County of Eagle, State of Colorado, and; WHEREAS,the Eagle County Board of County Commissioners(hereinafter"the Board") approved the Sketch Plan(Eagle County File No.PDS-1567)for the Tree Farm PUD on September 1,2010; and, WHEREAS,in accordance with Section 5-240.F.2.e(3)—Length ofApproval,Eagle County Land Use Regulations (hereinafter "ECLURs"), all Sketch Plans for Planned Unit Development ("PUD")are valid for two(2)years from the date of their issuance, and; WHEREAS,in accordance with Section 5-240.F.2.(4)—Expiration ofApproval,ECLURs, the resolution for approval of a Sketch Plan for PUD by the Board of County Commissioners shall be null and void unless an application for a Preliminary Plan for PUD is submitted and deemed sufficient by the Planning Director within two(2)years after the date of approval of the Sketch Plan for PUD, and; WHEREAS, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval, ECLURs,the Board has the option to extend these time periods,and; WHEREAS, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval, ECLURs, and pursuant to Resolution No. 2011-61, the Board granted a two-year extensioni(Eagle County File No.PR-3147)to the Sketch Plan on December 8,2011,nunc pro tunc the first day of September, 2011, and; WHEREAS, such two (2)year extension was scheduled to expire on September 1, 2013, and; WHEREAS, the Applicant failed to submit a Preliminary Plan for PUD on or before September 1,2013, and; WHEREAS, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval,ECLURs,approval of a Sketch Plan shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that(a)failure to proceed with the development of the application was beyond the applicant's control; (b) the development complies with the ECLURs; (c) there is reasonable likelihood the next step in the development application will be submitted within the next two(2)years, and; WHEREAS, in accordance with 5-240.F.2.e (5) — Extension of Sketch Plan Approval, ECLURs,no request for extension shall be considered unless a written application requesting the extension'is submitted to the Planning Director no later than thirty(30) calendar days prior to the date the Sketch Plan for PUD is to expire, and; HEREAS, filed a written second, ve two extensio for the Sketch the PlanApplicant to the duly Planning Director within request such fora period prior consecuti to expiration(2)of the Sketch Pl for PUD, and; HEREAS,the aforementioned second extension request is based,in part,on a failure of the Applicant to submit a complete application for Preliminary Plan for PUD by September 1,2013, and; WHEREAS, at its regular public hearing on August 20, 2013, the Board considered the request fdr a second extension of the Sketch Plan(PR-4395);associated plans,materials in support of the request and relevant review criteria; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons,and; WHEREAS, the Applicant, based on the application materials submitted as well as testimony delivered during the public hearing, did demonstrate by competent substantial evidence 2 i • that (a) failure to proceed with the development of the application was beyond the Applicant's control;(b)the development complies with the ECLURs;(c)there is reasonable likelihood the next step in the development application will be submitted within the next two(2)years, and; WHEREAS,any extension period granted shall be based on the expiration date of the first extension of the Sketch Plan for PPUD,in this case September 1, 2013, and; WHEREAS,notice of the extension request was not required by the ECLURs, Section 5- 210.E—Notice of Public Hearings; and, WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM") for Eagle County, and the Eagle County Open Space Plan, as well as comments of the Eagle County Department of Community Development,comments of public officials and agencies,and comments from all interested parties,the Board, finds as follows: 1. That, in accordance with Section 5-240.F.2.e (4) — Expiration of Approval, ECLURs, a written application requesting the extension WAS submitted to the Planning Director no later than thirty(30) calendar days prior to the date the Sketch Plan was to expire. 2. That, in accordance with Section 5-240.F.2.e (5) — Extension of Sketch Plan Approval, ECLURs,the Applicant did demonstrate by competent substantial evidence that: (1) Failure to proceed with the development of the application WAS beyond the Applicant's control; (2) The development COMPLIES with the ECLURs and the Comprehensive Plan; (3) There IS a reasonable likelihood the next step in the development application will be submitted in the next two years, and; NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the request for a second extension(Eagle County File No. PR-4395)of the Sketch Plan,be approved, subject to the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. THAT, the Sketch Plan for PUD for the Tree Farm PUD is extended until September 1, 2015; 3 THAT,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. M VED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, tate of Colorado, at its regular meeting held the day of , 2014, nunc pro tunc the 20th day of August,2013. //remainder of page intentionally left blank// 4 1 1 COUNTY OF EAGLE, STATE OF COLORADO,by and Through Its ATTEST: uFF BOARD OF COUNTY COMMISSIONERS *irk).. (1°G . ___0%10g4 • 41." e‘L'atli*Illr i': A Xt.° : ''' ? Teak J. Simonto acoAA90 * J an H. Ryan Clerk to the Board of Chairman County Commissioners Sara J. Fisher Commissioner A 41 if(6.44, __ _,., thy C 4 dler-Henry Commissioner Commissioner �-14 -i-. seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Jillian H. Ryan 4-i,. " Commissioner Sara J. Fisher - Commissioner Cathy Chandler-Henry va-dt^ N Y This Resolution passed by /( ) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5 EXHIBIT C TREE FARM PLANNED UNIT DEVELOPMENT GUIDE 14 t h tree . farm ,„ 4 — cultivating community - PUD Guide JULY 2017 Prepared By: LAND WEST 345 Colorado Ave.#106 Carbondale,CO 81623 www.landwestcolorado.com (this page intentionally blank) The Tree Farm 2 PUD Guide-July,2017 TABLE OF CONTENTS 1. OVERVIEW AND PURPOSE 7 1.1. COMMUNITY OVERVIEW AND VISION 7 1.2. PURPOSE OF THE PUD GUIDE 7 1.3. ENFORCEMENT 7 2. LAND USE 8 2.1. PUD SUMMARY 8 2.2. PLANNING AREAS 9 2.3. ALLOWED USES 9 2.3.1. Land Use Schedule 9 2.4. DESIGN REVIEW BOARD 14 2.4.1. Design Guidelines 14 2.4.2. Development Application Process 14 3. DENSITY TRANSFER 15 3.1. DENSITY TRANSFER REGULATIONS 15 3.2. LODGING COMMERCIAL FLEX SPACE 16 3.2.1. Flex Allocation. 16 3.2.2. Flex Use. 16 3.2.3. Flex Conversion 16 4. REGULATIONS BY PLANNING AREA 17 4.1. PLANNING AREA 1:FORM-BASED 17 4.1.1. Description 17 4.1.2. Building Envelopes 17 4.1.3. Building Heights 17 4.1.4. Required Build-To Lines(RBL) 17 4.1.5. Geotechnical Design 18 4.1.6. Parcel Vehicular Access 18 4.1.7. Street Standards 19 4.1.8. Parking and Loading 19 4.1.9. Parking Structures 21 4.1.10. Architectural Regulations 21 4.1.11. Efficient Building 22 4.1.12. Energy Collection Systems 23 4.1.13. No Wood Burning Appliances 23 4.1.14. Landscaping and Trails 23 4.1.15. Bicycle Parking 25 4.1.16. Sign Regulations 26 4.1.17. Exterior Lighting Regulations 28 4.2. PLANNING AREA 2:FORM-BASED 29 4.2.1. Description 29 4.2.2. Building Envelopes 29 4.2.3. Building Heights 29 4.2.4. Geotechnical Design 29 4.2.5. Driveway Access 29 4.2.6. Street Standards 29 4.2.7. Parking 30 The Tree Farm 3 PUD Guide-July,2017 4.2.8. Parking Structures 30 4.2.9. Architectural Regulations 31 4.2.10. Efficient Building 31 4.2.11. Energy Collection Systems 32 4.2.12. No Wood Burning Appliances 32 4.2.13. Landscaping and Trails 32 4.2.14. Sign Regulations 33 4.2.15. Exterior Lighting Regulations 35 4.3. PLANNING AREA 3(A&B):PARK&OPEN SPACE 36 4.3.1. Description 36 4.3.2. Energy Collection Systems 36 4.3.3. Landscaping and Trails 36 4.3.4. Sign Regulations 37 4.3.5. Exterior Lighting Regulations 38 4.4. PLANNING AREA 4:RECREATIONAL 39 4.4.1. Description 39 4.4.2. Building Envelopes 39 4.4.3. Building Heights 39 4.4.4. Geotechnical Design 39 4.4.5. Driveway Access 39 4.4.6. Parking 39 4.4.7. Architectural Regulations 39 4.4.8. Energy Collection Systems 40 4.4.9. No Wood Burning Appliances 40 4.4.10. Landscaping and Trails 40 4.4.11. Sign Regulations 41 4.4.12. Exterior Lighting Regulations 42 5. ALTERNATIVE ENERGY PRODUCTION 43 5.1. SOLAR ELECTRICITY PROVISION 43 6. AFFORDABLE HOUSING PLAN 44 6.1. CALCULATION FOR 25%OF THE TOTAL RESIDENTIAL UNITS 44 6.2. ADDITIONAL UNIT MITIGATION 44 6.3. AFFORDABLE HOUSING PROVIDED 44 6.3.1. Price Capped 45 6.3.2. Resident Occupied 45 6.4. LOCATION OF PRICE CAPPED AFFORDABLE HOUSING 45 6.5. DEVELOPMENT SCHEDULE OF PRICE CAPPED AFFORDABLE HOUSING 46 6.6. MARKETING OF AFFORDABLE HOUSING 46 6.7. ELIGIBILITY FOR AFFORDABLE HOUSING 46 6.8. PROHIBITION OF SHORT TERM RENTALS 47 6.9. OTHER PUBLIC AFFORDABLE HOUSING OPPORTUNITIES 47 7. REAL ESTATE TRANSFER ASSESSMENT (RETA) 48 7.1. BASIC CONCEPT;SEPARATE FROM 1%TRANSFER FEE 48 7.2. EXEMPTIONS 48 7.2.1. Governmental Entities 48 7.2.2. Transfers for No Consideration 48 7.3. COMMERCIAL TRANSACTIONS 48 7.4. RESPONSIBLE PARTY/ENFORCEMENT 48 7.5. PAYEE OF THE RETA 49 7.6. ADMINISTRATION OF THE RETA 49 The Tree Farm 4 PUD Guide-July,2017 7.7. USE OF THE RETA REVENUES 49 7.8. PREFERENCE FOR USE OF RETA REVENUES 49 8. ADMINISTRATION 50 8.1. COVENANTS 50 8.2. MAINTENANCE OF COMMON ELEMENTS 50 8.3. ASSOCIATION MANAGEMENT 50 8.4. ASSOCIATION INSURANCE 51 8.5. ASSOCIATION DISPUTE RESOLUTION 51 8.6. VOTING RIGHTS 51 8.7. SPECIAL TAXING DISTRICT COMPLIANCE 51 8.8. KODIAK LAKE MANAGEMENT PLAN 52 8.8.1. Lake Hours of Operation 52 8.8.2. Allowable Noise Levels 52 8.8.3. Allowable Use of Lake 52 8.8.4. Special Events 52 8.8.5. Mass Gatherings 52 8.8.6. Water Safety,Awareness and Education 52 8.9. MODIFICATIONS TO THIS PUD GUIDE 53 8.9.1. Minor Amendments 53 8.9.2. Major Amendments 53 9. PARCEL MATRIX 54 10. PARKING REQUIREMENTS TABLE 55 11. DEFINITIONS 56 12. PUD GUIDE EXECUTION 59 The Tree Farm 5 PUD Guide-July,2017 (this page intentionally blank) The Tree Farm 6 PUD Guide-July,2017 1. Overview and Purpose 1.1. Community Overview and Vision The Tree Farm PUD is a pedestrian-friendly,transit-oriented mixed-use community that incorporates a range of land uses including commercial, residential, open space, recreation,trails, and transportation.The Tree Farm PUD provides integrated access to regional transit and trail connections,while incorporating a high standard for low-impact development,energy efficiency, and renewable energy production.The Tree Farm PUD is intended to be developed with an emphasis on social,fiscal, environmental,and healthy living benefits for residents, patrons,and the greater community. 1.2. Purpose of the PUD Guide The primary purpose of this PUD Guide is to set forth a comprehensive framework of standards, restrictions and regulations which govern development and land use within The Tree Farm PUD.This PUD Guide will promote the orderly and compatible development of the property, while remaining somewhat flexible to allow for market changes and design innovations as the development progresses through its operational life cycle.This PUD Guide shall supersede the Eagle County Land Use Regulations(ECLUR)with site specific regulations that are more appropriate to the design goals and objectives of lands contained within this PUD.This PUD Guide is authorized pursuant to Eagle County Resolution ,dated approving the Preliminary Plan for The Tree Farm PUD. 1.3. Enforcement The provisions of this PUD 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.All provisions of this PUD Guide shall run in favor of the residents,occupants and owners of land within The Tree Farm PUD to the extent expressly provided in this PUD Guide and in accordance with its terms and conditions.Where the PUD Guide is silent, the specific provisions of the ECLUR, as may be amended from time to time, shall prevail. The Tree Farm PUD is located within special service districts including the Mid Valley Metropolitan District and the Basalt and Rural Fire Protection District. Plans shall be designed to the adopted Fire Code at the time of permit application,except where variations have been approved as provided by this PUD Guide or by the fire district.The Mid Valley Metropolitan District rules and regulations shall apply, except where variations have been approved by that Metro District. The Tree Farm 7 PUD Guide-July,2017 2. Land Use 2.1. PUD Summary The Tree Farm PUD allows a maximum of 514,193 net square feet(NSF).The maximum amount of residential use is 379,635 NSF, and the maximum amount of commercial use is 134,558 NSF.These amounts are subject to the provisions and allowances of Section 3.2 of this PUD Guide.The Developer shall document the built amounts of total NSF, residential NSF, commercial NSF, and number of dwelling units at each final plat filing. Table 2.1 PUD Summary PUD Total Acres 42.91+/- Open Space/ Park Acres 22.2+/- Open Space/Park Percent 51.8% Maximum Allowable NSF 514,193 Maximum Allowable Residential NSF* 379,635 Maximum Dwelling Units* 340 Overall PUD Density* 7.9 DU/AC Maximum Non-Lodging Commercial NSF 74,007 Maximum Lodging Commercial Flex NSF* 60,551 Maximum Single-Use Retail Space NSF 30,000 *Subject to the provisions and allowances of Section 3.2 of this PUD Guide. The Tree Farm 8 PUD Guide-July,2017 2.2. Planning Areas All parcels within The Tree Farm PUD belong to a Planning Area as depicted on Figure 2.2 Planning Area Map. Each Planning Area is intended to provide specific consistency in land use regulations and design standards. Figure 2.2 Planning Area Map p. 0 --, %11, . - 44, "� 4, e:. �"x 4 tam r ''' i . ' ��3 p� � » v��5a�" '���i ti iat Ott 3 �,x '�` t�i�� ��a "t � x�g�m i„ a` e� A �� �t f?i,�tflt E E e : „‘,,f4,,'' t 4 _:yz v w f� i� �a t ', w. - 6* plannin crfa ,�''='.. ,. 7- .;. - 2.3. Allowed Uses 2.3.1. Land Use Schedule Each Planning Area contains allowed Uses by Right, as detailed in Table 2.3 Land Use Schedule. Specific land uses for each Planning Area fall into one of the following categories: 2.3.1.1. Use By Right(R): The use is allowed within the Planning Area. 2.3.1.2. Allowed by Limited Review(L): The use is allowed within the Planning Area if approved through the Eagle County Limited Review process, and all conditions of that approval are met. 2.3.1.3. Not Allowed (N): The use is not allowed within the Planning Area. The Tree Farm 9 PUD Guide-July,2017 Table 2.3 Land Use Schedule r. Y 3s ,. ., ' z f , �� .� " 0, e u � t " } u ,a a ,' i a � y�� q RESIDENTIAL&HOME USES Accessory Dwelling N N N N Bed and Breakfast R R N N Conservation Subdivision N N N N Customary Accessory Residential Uses L L N N Day Care Home L L N N Duplex Dwelling L R N N Dwelling Units R R N N Group Home R R N N Home Business L L N N Home Occupation R R N N Live/Work R R N N Mobile Home Park N N N N Multi-Family Dwelling R R N N Multi-Housekeeping Dwelling R R N N Nursing or Convalescent Home R R N N Single-Family Dwelling N N N N Time Share and Fractional Fee Estates L L N N COMMERCIAL USES Adult Entertainment Uses N N N N Agricultural Equipment,Supplies and Materials Store L L N N Appliance Sales R L N N Appliance Service or Repair R L N N Art Gallery R R N N Auto and Vehicle Parts Store R L N N Auto Service Station and Repair Garage R L N N Bank R N N N Barber or Beauty Shop R R N N Book,Music or Video Store R R N N Car Wash R L N N Clothing or Dry Goods Store R R N N Computer Sales Store R R N N Computer Service R R N N Convenience Grocery Store R N N N Day Care Center R R N N Drive-Throu:h Facility L N N N Farmers Market R R R N Feed Store R L N N Food or Beverage Store or Bakery R R N N Furniture Store R R N N Garden Supply and Plant Materials Store/Greenhouse/Nursery L R L N Hardware Store R L N N Inc ,,ccIu.u. 10 PUD Guide-July,2017 Table 2.3 Land Use Schedule(coned) 7 Pte, . ,'' ..s.xc, z.Tu ,A.;,.. ,,7r .,0),,,* av, -mix.,'-',1 1. s§ ,,.-aimm».,`�: e<_ sx si COMMERCIAL USES (coned) Hotel or Motel R L N N Indoor Amusement,Recreation or Theater R L N N Kennel N L N N Landscape Storage Yard N R N N Laundromat R L N N Laundry or Dry Cleaning Pick-Up Station R L N N Live/Work R R N N Marijuana Business R R N N Medical or Dental Clinic,including acupuncture R R N N Mortuary R R N N Nightclub,Bar or Tavern R R N N Office,Business or Professional R R N N Personal Adornment/Tattoo Parlor R R N N Pharmacy R L N N Photography Studio R R N N Print Shop or Publishing R R N N Private Club R R N R Reading Room R R N N Resort Recreational Facility R R N R Restaurant R R N L Self Service Laundromat R L N N Shoe Repair R R N N Studio For Arts and Crafts R R N N Tailor Shop R R N N Vehicle,Aircraft and Pleasure Boat Rental N L L R Vehicle,Aircraft and Pleasure Boat Sales,Storage,Service or N L N R Repair Veterinary Hospital R R N N INDUSTRIAL,SERVICE-COMMERCIAL&WHOLESALE USES Assembly,which does not include any fabrication of parts R R N N Auto Wrecking N N N N Commercial Laundry or Dry Cleaning Plant N N N N Compost Facility N N L N Construction and Demolition Debris Facility N N N N Contractor Storage Yard N N N N Distribution Center N N N N Extraction and Processing of gravel,minerals,rocks,sand or N N N N other earth products Extraction or Exploration(gravel pit,petroleum or natural gas well,coal or ore mine) N N N N Junkyard N N N N Land Application of domestic or industrial sludge N N N N Lumber Mill N N N N Lumber Yard N N N N Manufacture,Assembly or Preparation of Articles or L L N N Merchandise From Previously Prepared Materials Ine tree rural 11 PUD Guide-July,2017 Table 2.3 Land Use Schedule (cont'd) INDUSTRIAL, &WHOLESALE USES (cont'd) Manufacture,Compounding,Processing,Packaging or L i N N Treatment of Products Manufacture,use or storage of explosives N N N N Motor Freight Depot N N N N Planer Mill N N N N Plant for Processing Natural Resources and Agricultural N N N N Materials Processing(including alfalfa pellet mill,saw mill, gravel crushing,asphalt or concrete batch plant,but N N N N excluding primary wood and firewood processing) Recyclable Materials Processing N N N N Recycling Collection or Drop Off Center L L N N Recycling Operation N N N N Reduction or Disposal by Sanitary Landfill Method of waste N N N N materials Saw Mill N N N N Shop for Blacksmith,Cabinet Maker,Electrician,Glazing, R R N N Machining,Plumbing,or Sheet Metal Telecommunication Facilities L L N N Transfer Station N N N N Truck Stop N N N N Warehouse or Storage Building,including mini-storage N N N N Wholesale Establishments L L N N AGRICULTURAL&FORESTRY USES Agriculture and Customary Accessory Agricultural Buildings N R N N Boarding Stable N R N N Farm or Ranch Stand/Sales of Agricultural Products R R L N Feedlot N N N N Forestry N N N N Livestock Sales Yard N N N N Sales of Commercial Firewood N L N N Tree Storage N R N N RESORT,RECREATION&AMUSEMENT USES Drive-in Theater N N N N Golf Course or Golf Driving Range N N N N Mass Gatherings N L N N Outfitter and Guide R R N N Polo Field N N N N Recreational Vehicle Park N L N N Resort Recreational Facility;Day or Resident Camp R R L L Riding Stable N L N N Ski Area N N N N Sports Complex L R N N Sports Shooting Range N N N N The Tree Farm 12 PUD Guide July,2017 Table 2.3 Land Use Schedule(cont'd) ,‘,„.4f.,, P t , ` ` a ,..,, i < i , v � G i PUBUC FACILITIES,UTILITIES&INSTITUTIONAL USES Airport,Landing Strip,Utility or Air Carrier N N N N Ambulance Facility L L N N Auditorium R L N N Cemetery N N N N Church R R N N Community or Public Building R R L N Educational Facility R R L N Electric Power Generation Facility N N N N Electric Power Transmission Line N N N N Fire Station L L N N Fraternal Lodge R L N N Heliport N N N N Helistop L L N N Hospital R L N N Impound Lot N N N N Library R L N N Museum R L L N Natural Gas Transmission Line N N N N Park and Outdoor Recreation/Recreation Facilities R R R R Park,Open Space or Greenbelt R R R R Parking Lot or Garage(as the principal use of the parcel) L L N N Post Office/Private Postal Facility R L N N Postal Substation L L N N Reservoirs and Dams engineered to contain more than ten N N N R (10)acre feet of water Sanitary Landfill N N N N Snow Dump/Snow Storage Area L L R L Transportation Services L L N N Utilities,including water storage and treatment and N N N N wastewater treatment facilities Utility Distribution Facilities N N N N Utility Substation N N N N Water Diversion Structures,Ditches,and Pipeline Structures R R R R Water Impoundments L L R R Water or Wastewater Projects N N N N Water or Wastewater Treatment Facility N N N N Water Storage Facility N N N N ENERGY COLLECTION SYSTEMS Large Scale Wind Energy Systems N N N N Small Hydro Electric Energy R R R R Small Scale Wind Energy Systems N L L L Solar Energy Device R R R R TEMPORARY USES Temporary Building,Construction Trailer,or Use R R L L Temporary Housing L L N N The Tree Farm 13 PUD Guide-July,2017 2.4. Design Review Board This section specifies the authorities of The Tree Farm Design Review Board (DRB)and Design Guidelines. 2.4.1. Design Guidelines The Tree Farm Design Review Board shall develop and administer The Tree Farm Design Guidelines.All development projects within The Tree Farm PUD shall be subject to and consistent with The Tree Farm Design Guidelines. 2.4.2. Development Application Process Applicants for all new development proposals, building or landscape modifications, sign proposals,or other construction proposals within The Tree Farm PUD shall submit such proposals for review to The Tree Farm Design Review Board per The Tree Farm Design Guidelines. The Tree Farm 14 PUD Guide-July,2017 3. Density Transfer The allowable densities for each parcel within the PUD are defined in Table 9.1 Parcel Matrix. The Developer shall be allowed to transfer density between Planning Areas and Parcels, provided infrastructure is adequate for any increased density,subject to the following: 3.1. Density Transfer Regulations 3.1.1.1. Density may be transferred between Planning Areas and between Parcels as specified in the following table: Planning Parcels May Donate: Parcels May Receive: Area Dwelling units, residential NSF,and Dwelling units, residential NSF,and commercial NSF, not to exceed an commercial NSF, not to exceed an 1 aggregate total of 20%of the aggregate total of 20%over the maximum maximum allowable NSF for the allowable NSF for the Parcel. Parral Dwelling units, residential NSF,and Dwelling units, residential NSF,and commercial NSF, not to exceed an commercial NSF, not to exceed an 2 aggregate total of 20%of the aggregate total of 20%over the maximum maximum allowable NSF for the allowable NSF for the Parcel. Parral 3 None. None. 4 All allowable NSF. Up to 20%over the maximum allowable nice 3.1.1.2. Density Transfers within the PUD shall not result in exceeding the overall PUD limitations as follows: Maximum Allowable NSF 514,193 Maximum Allowable Residential NSF* 379,635 Maximum Dwelling Units* 340 Maximum Non-Lodging Commercial NSF 74,007 Maximum Lodging Commercial Flex NSF* 60,551 Maximum Single-Use Retail Space NSF 30,000 *Subject to the provisions and allowances of Section 3.2 of this PUD Guide. 3.1.1.3. The Developer shall be required to document any density transfers at each filing of Final Plat.Any density that is un-assigned to a parcel may be documented as a "density escrow" balance. 3.1.1.4. No PUD Amendment shall be required for density transfers that meet these criteria. The Tree Farm 15 PUD Guide-July,2017 3.2. Lodging Commercial Flex Space 3.2.1. Flex Allocation. A commercial NSF amount of 60,551 is dedicated as a "Flex" allocation. 3.2.2. Flex Use. The Flex allocation shall be dedicated to lodging use, and shall not be converted to other land uses except as provided in Section 3.2.3 below. 3.2.3. Flex Conversion. If any or all of the Flex allocation is not utilized for lodging,the Developer may elect to convert any or all of the 60,551 NSF to residential use, under the following terms: 3.2.3.1. Any residential Flex conversion shall be limited to a maximum of 50 dwelling units. If an amount less than 60,551 NSF is converted to residential use,an average unit size of 1200 NSF shall be used to determine the allowable quantity of dwelling units. 3.2.3.2. Any residential Flex conversion shall provide additional Affordable Housing mitigation in compliance with the Affordable Housing Guidelines at the time of conversion. 3.2.3.3. Any residential Flex conversion shall be processed as a Minor Amendment, as defined in Section 8.9 of this PUD Guide.The Director may elect to call up the matter to the BoCC,to ensure compliance with the approved PUD Guide and the then-current Affordable Housing Guidelines. 3.2.3.4. The Developer shall be required to document any Flex space conversions at each filing of Final Plat, or any applicable amendment to an existing Final Plat. The Tree Farm 16 PUD Guide-July,2017 4. Regulations by Planning Area 4.1. Planning Area 1: Form-Based 4.1.1. Description Planning Area 1 is generally located between the State Highway 82 corridor and Kodiak Ski Lake. Consistent with form-based planning principles,this Planning Area provides a high degree of flexibility in land uses,while maintaining an intentional and distinctive design character of a traditional street pattern, streetscape, and building form. 4.1.2. Building Envelopes All habitable buildings within Planning Area 1 must be located within designated Building Envelopes. 4.1.3. Building Heights 4.1.3.1. Allowable building heights for each parcel are indicated in Table 9.1 Parcel Matrix. 4.1.3.2. For flat roofs, rooftop mechanical equipment and enclosures which are located at least eight(8)feet from any roof edge may exceed the allowable building height, but must not be higher than eight(8)feet above the parapet on the portion of roof upon which they are located. 4.1.3.3. Individual architectural features (such as clock towers, cupolas or similar features) may exceed the allowable building height, but must not be higher than twelve (12)feet above the eave or parapet on the portion of roof upon which they are located. 4.1.3.4. The top floor of any mixed-use or residential building that is more than three (3) stories in height,as measured from the street level, shall be stepped back a minimum of eight(8)feet from any street-facing facade below. 4.1.3.5. For parcels that receive a Density Transfer,the maximum height may be increased on that particular parcel over the allowable building height to account for the increase in density; however no building's height may exceed forty-five (45)feet. 4.1.4. Required Build-To Lines(RBL) Each buildable parcel within Planning Area 1 contains a Required Build-To Line (RBL) as indicated on the Plat,with a required percentage of linear building frontage as indicated in Table 9.1 Parcel Matrix.The design for each habitable building must meet the following conditions of the RBL: 4.1.4.1. Buildings must be built to contact the specified minimum percentage of the RBL per Table 9.1 Parcel Matrix. The Tree Farm 17 PUD Guide-July,2017 For example: 150'RBL length X 70%=105 linear feet of building must contact RBL 4.1.4.2. For building facades that are not parallel to the RBL,the façade may jog but must remain within five (5)feet of the RBL,and may be counted toward meeting the RBL requirement. 4.1.4.3. To encourage dynamic architectural design, periodic building façade undulations of three (3)feet or less in horizontal distance from the RBL may be counted toward meeting the RBL requirement. Façade undulations that meet this condition may count toward up to 50%of the RBL requirement. 4.1.4.4. If multiple parcels are being jointly developed,the cumulative total RBL requirements of the combined parcels may be used to satisfy the required calculations. 4.1.4.5. RBL measurement is linear and made using the ground floor façade. Second stories may count toward up to fifty(50) linear feet of the RBL calculation only to allow for ground floor vehicle or pedestrian pass-throughs. 4.1.4.6. Plans submitted for building permit must show calculations of how RBL requirements are achieved. 4.1.5. Geotechnical Design All proposed structures shall be designed per site specific geotechnical investigation and design recommendations, including but not limited to foundation design,subsurface drainage design and evaluation of existing groundwater conditions. 4.1.6. Parcel Vehicular Access Vehicular access may be necessary into some buildable parcels within Planning Area 1.The Preliminary Plan shows potential vehicular access locations into some parcels.Vehicular access may be provided at these access locations or other locations for any parcel per the following conditions: 4.1.6.1. No vehicular access may be located within two-hundred (200)feet of the centerline of Willits Lane,as measured along the centerline of Tree Farm Drive to the centerline of the vehicular access. 4.1.6.2. Vehicular accesses must have a minimum twenty-four(24)foot clear driving width,or a twenty-six(26)foot clear driving width if aerial fire apparatus access is required.Vehicular accesses that are intended only for service access(refuse service,delivery, etc.)and are no more than fifty(50)feet in length may have a minimum clear driving width of twelve (12)feet. 4.1.6.3. Vehicular accesses shall have a minimum thirteen and-a-half(13.5)foot vertical clearance, and a radius to the adjoining street that can perform appropriately via demonstrated engineering methodology for fire apparatus,which shall be no less than twenty(20)feet. The Tree Farm 18 PUD Guide-July,2017 4.1.6.4. If a vehicular access impacts on-street parking spaces adjacent to the subject parcel,that parcel must either re-locate those spaces or account for the loss in the calculation of required parking spaces for that parcel. 4.1.6.5. Vehicular accesses shall not be obstructed in any manner at any time. 4.1.7. Street Standards Planning Area 1 shall include three street types in addition to the existing portion of Willits Lane, which provides the primary access from State Highway 82. 4.1.7.1. Urban Collector.This two-way asphalt street type shall have two (2)fourteen and-a-half(14.5)foot wide travel lanes(twenty-nine [29] foot total width,curb face-to-curb face), and both sides of the street shall have a six(6) inch barrier curb. 4.1.7.2. Urban Collector with On-Street Angled Parking.This two-way asphalt street type shall have two (2)thirteen (13)foot wide travel lanes(twenty-six [26] foot total width), angled parking on both sides with an eighteen (18)foot depth perpendicular to the curb,and six(6) inch barrier curbs at both outer parking edges.The total street width including parking shall be sixty-two (62)feet, curb face-to-curb face. 4.1.7.3. Urban Collector with On-Street Angled and Parallel Parking.This two-way asphalt street type shall have two (2)thirteen (13)foot wide travel lanes (twenty-six [26] foot total width), angled parking on one side with an eighteen (18)foot depth perpendicular to the curb, eight(8)foot wide parallel parking on the opposite side,and a six(6) inch barrier curb at both outer parking edges. The total street width including parking shall be fifty-two (52)feet, curb face-to- curb face. 4.1.8. Parking and Loading The developer of each building parcel within Planning Area 1 must meet the parking space requirements based on the intended land use(s) of the parcel per Table 10.1 Parking Requirements.Approximately 450 on-street parking spaces shall be accommodated within Planning Area 1. 4.1.8.1. Parking space requirements may be met through on-street parking,off-street parking, or a combination of both. 4.1.8.2. Parking requirements for each parcel within Planning Area 1 may utilize on- street spaces immediately adjacent to that parcel as counting toward the parking requirement for such parcel; however, such spaces shall not be signed or designated for the exclusive use of any owner or occupant. 4.1.8.3. Any additional parking spaces needed by a parcel's intended land use(s) must be designed and accommodated within the parcel. The Tree Farm 19 PUD Guide-July,2017 4.1.8.4. Where parking is provided, handicap accessible parking spaces shall be provided in compliance with the International Building Code (IBC), at the rates shown in the following table: 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2%of total 20, plus one for each 100,or 1,001 and over fraction thereof,over 1,000 4.1.8.5. Handicap accessible spaces shall have a minimum stall width of eight and one- half(8.5)feet with an adjacent access aisle width of five (5)feet. One (1) in every six(6) accessible spaces must be van accessible.Van accessible spaces shall have an adjacent access aisle width of eight(8)feet.Accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. Accessible parking spaces shall be identified by a sign showing the international symbol of accessibility. 4.1.8.6. Electric vehicle (EV) charging spaces are encouraged to be provided at a rate of at least one (1) per every fifty(50) parking spaces in Planning Area 1. EV charging spaces must include an operable EV charging station and all associated infrastructure,and must be signed as"Reserved Parking, Electric Vehicles Only, 2 Hour Limit". 4.1.8.7. Loading zones shall be allowed in on-street parking spaces from 6am to 10am, so long as such zones are signed at each end as follows: "Loading Zone—No Parking Between Signs from 6am to 10am". No loading zones shall be allowed to occupy any portion of street travel lanes. 4.1.8.8. Loading Zones within individual building parcels must have a minimum width of ten (10)feet and minimum vertical clearance of thirteen and-a-half(13.5)feet. 4.1.8.9. Parcel site plans must demonstrate how parking and loading requirements are achieved. The Tree Farm 20 PUD Guide-July,2017 4.1.9. Parking Structures 4.1.9.1. Below-grade parking structures are allowed in buildable parcels within Planning Area 1. Below-grade parking structures shall not count toward the allowable total NSF of the parcel. 4.1.9.2. Above-grade parking structures are allowed in buildable parcels within Planning Area 1,so long as all other requirements of these regulations are met.Any exposed facade of above-grade parking structures shall be designed in an architecturally appealing manner.Above-grade parking structures shall be set back a minimum of four(4)feet from any parcel boundary, and shall not count toward the allowable total NSF of the parcel. 4.1.10. Architectural Regulations 4.1.10.1. Commercial first floor elevations shall be a maximum of six(6) inches above the sidewalk finished grade. Deviations from this standard may be allowed if there is a demonstrated need. 4.1.10.2. Residential first floor elevations shall be a minimum of eighteen (18) inches above the sidewalk finished grade. Deviations from this standard may be allowed if there is a demonstrated need. 4.1.10.3. Balconies, roof projections,and stoops shall be allowed to encroach beyond the building envelope by up to four(4)feet and must remain within the parcel. 4.1.10.4. First floor canopies and awnings shall be allowed to extend beyond the building envelope so long as such encroachments do not encumber other uses or compromise safety. Such encroachments may also extend beyond the parcel boundary only into "N" numbered Tracts,or"0" numbered Open Space parcels, only if approved in writing by the owner of the land on which the encroachment occurs. 4.1.10.5. Commercial first floor fenestration shall be sixty(60)to ninety(90) percent of each first floor facade area. 4.1.10.6. Commercial upper floor fenestration shall be thirty(30)to ninety(90) percent of each upper floor facade area. 4.1.10.7. Residential fenestration shall be thirty(30)to sixty(60) percent of each facade area of any given floor. 4.1.10.8. Roofing materials shall be non-reflective. 4.1.10.9. Window glazing shall not result in excessive glare or reflection. The Tree Farm 21 PUD Guide-July,2017 4.1.11. Efficient Building To encourage cost-effective and sustainable site planning and building methods,each habitable building within Planning Area 1 must meet certain minimum standards for Efficient Building.The systematic basis for rating a building's efficiency shall be based on Eagle County's"ECOBUILD" program as it existed in June 2014. The ECOBUILD program requires each building project to achieve a minimum number of scored points. Habitable buildings within The Tree Farm PUD shall utilize the same process and methodology for scoring, however the points required for The Tree Farm PUD will be higher than the minimum standards set by Eagle County. 4.1.11.1. For residential duplex or townhome construction in Planning Area 1, projects shall meet the minimums for The Tree Farm PUD as follows: 4:441 ditrialgi541:cgitiA, 0-2000 40 points 60 points 2001-3000 45 points 67 points 3001-4000 50 points 75 points 4.1.11.2. For commercial or multi-family residential construction in Planning Area 1, projects shall meet the minimums for The Tree Farm PUD as follows: iRi:k;47-::t1„;::;: pq74rgiii;Z:7:21655;Z:52:::=4;41 70 points 105 points 4.1.11.3. All other regulations of the ECOBUILD program shall apply. The Tree Farm 22 PUD Guide-July,2017 4.1.12. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 1 per the following regulations: 4.1.12.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.1.12.2. On pitched roofs, solar collection systems shall not cover more than eighty(80) percent of the roof upon which the system is mounted, shall be set back from roof peaks/eaves/valleys a minimum of three (3)feet,and shall not be more than two (2)feet higher than any portion of the roof upon which the system is mounted. 4.1.12.3. On flat roofs, solar collection systems shall not cover more than eighty(80) percent of the roof upon which the system is mounted, shall be set back from the roof edge a minimum of eight(8)feet,and shall not be higher than eight(8) feet above the portion of roof upon which it is located. 4.1.12.4. Small individual pole-mounted solar energy systems shall not exceed ten (10) square feet in collection area. 4.1.13. No Wood Burning Appliances Indoor wood burning appliances are prohibited within the PUD. 4.1.14. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 1. 4.1.14.1. Plant species, minimum spacing, and minimum sizes at installation shall comply with the requirements contained in The Tree Farm Design Guidelines. 4.1.14.2. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn,open space areas,or seeded areas, which may be spray irrigated.All irrigation systems are required to be equipped with an automatic rain sensor or other moisture sensing device. 4.1.14.3. A minimum of six(6)trees,three (3)for each side of the street shall be planted for every one-hundred twenty(120)feet of any street as measured along the street centerline, except where tree planting would conflict with site conditions such as Clear Vision Areas, retaining walls, steep slopes, and existing trees. 4.1.14.4. At street intersections a Clear Vision Area with no obstructions shall be maintained extending thirty-five (35)feet back from each street corner, and to a height of eight(8)feet. Pedestrian crosswalks not located at street intersections shall have a thirty-five (35)foot wide Clear Vision Area, centered on the The Tree Farm 23 PUD Guide-July,2017 crosswalk and extending back twenty(20)feet from the face of curb. Clear Vision Areas shall be clearly defined and labeled on landscape plans. 4.1.14.5. A minimum five (5)foot-wide and eight(8)foot tall clear zone shall be maintained in all pedestrian areas. 4.1.14.6. Where trees are planted in impervious paving, metal forty-two (42) inch square tree vaults and tree grates shall be required. 4.1.14.7. Raised foundation planters are required along 60%of each building facade. Raised foundation planters shall be a minimum of three (3)feet wide and six(6) inches but not more than eighteen (18) inches tall as measured from the adjacent finished grade.The raised foundation planter requirement shall be waived for those portions of building frontage which are adjacent to open space parcels. 4.1.14.8. All off-street parking areas containing ten (10)or more spaces, except for parking structures, shall provide the following forms of landscaping: 4.1.14.8.1. There shall be a minimum five (5)foot wide planting strip provided between parking and all parcel lines.A minimum of one (1)tree shall be planted for every thirty-eight (38) linear feet of the planting strip, except where conflicting conditions occur. 4.1.14.8.2. One (1) planting island a minimum of five (5)feet wide shall be provided for every ten (10) parking spaces, shall be dispersed throughout the parking area and each shall be planted with a minimum of one (1)tree. 4.1.14.8.3. Where tandem rows of parking are planned, rows shall be separated by a minimum five (5)foot wide planting strip. 4.1.14.9. Pedestrian plazas shall be provided where open space is located between buildings and shall also be provided in Parcel 0-2 in the area between the A- numbered parcels and the lake. Plaza landscaping shall be more formally designed,with considerations for geometry,shade, and site furnishings, such as bike racks, benches, seat walls, and banner poles.Surface treatments shall be predominantly concrete, unit pavers or natural stone;asphalt and soft surface treatments, such as gravel,are prohibited. 4.1.14.10. Naturalized open space shall be treated with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views.The primary ground cover in naturalized areas shall be native and/or drought tolerant low-grow grasses. 4.1.14.11. A continuous lakeside pedestrian trail shall be provided along the entire length of the lake within parcels 0-2 and 0-4, shall be a minimum of twelve (12)feet wide, and shall be a hard all weather surface such as concrete, unit pavers, or similar.Asphalt,gravel or other soft surfaces are not permitted. Existing trees may be removed to accommodate the trail and to enhance views to the lake, and shall be noted on plans. 4.1.14.12. A continuous landscape strip shall be provided between any street and the lakeside pedestrian trail,except where pedestrian connections are made. The Tree Farm 24 PUD Guide-July,2017 4.1.14.13. Pedestrian access ways shall be provided to,from, and/or through certain parcels within Planning Area 1 as follows: 1) Parcels D-3/D-4 and D-5/D-6; and 2) Parcels F-1 and F-2. Pedestrian access ways shall be a minimum six(6)foot wide hard all weather surface such as concrete, unit pavers,or similar(not asphalt). 4.1.14.14. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.1.15. Bicycle Parking 4.1.15.1. Short-Term Bicycle Parking. Each parcel containing a habitable building within Planning Area 1 shall provide a minimum of one (1)short-term bicycle parking area.Short-term bicycle parking areas are intended to offer a convenient and accessible area to park bicycles for customers and other visitors.They shall include bicycle racks which permit the locking of the bicycle frame and one wheel to the rack and which support the bicycle in a stable position without damage to wheels,frame or components.Short-term bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists. 4.1.15.2. Long-Term Bicycle Parking. Each letter group of parcels(i.e.,A, B, C...)within Planning Area 1 shall provide a minimum of one (1) long-term bicycle parking area. Long-term bicycle parking areas should provide a secure and weather protected place to park bicycles for employees, residents, commuters and other visitors who generally stay at a site for several hours.These facilities shall protect the entire bicycle, its components and accessories against inclement weather. The Tree Farm 25 PUD Guide-July,2017 4.1.16. Sign Regulations 4.1.16.1. Sign Approval Process.All signs in Planning Area 1 (except exempt signs) require a sign permit per the Eagle County Land Use Regulations. 4.1.16.2. Exempt Signs. Signs that do not require a County Sign Permit include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six (6) square feet for no longer than thirty(30) days. 4.1.16.3. Identification Sign. Planning Area 1 shall be allotted three (3)wall,freestanding or monument identification signs with a maximum area of twenty(20) square feet per sign. 4.1.16.4. Address Numbers.Address numbers are required, shall be no more than six(6) inches measured vertically, and shall be attached to the building in proximity to the principal entrance.Address numbers may be externally illuminated. 4.1.16.5. Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.1.16.6. Location.When possible,exterior signs shall be located at the same height on buildings within the same block face. Signs should be consistent with the color, scale, and design of the building.The location of a sign on a building shall correspond with the interior tenant space associated with the sign. 4.1.16.7. Lettering. No lettering on any sign shall exceed twelve (12) inches in height, except that the first letter in each word shall not exceed eighteen (18) inches in height. 4.1.16.8. Blade Signs. One blade sign for each business entrance may be permanently installed perpendicular to the facade near the business entrance. Blade signs shall not exceed a total of six(6) square feet, shall not protrude more than four (4)feet from the facade, and shall clear eight(8)feet above sidewalks or other finished grade. Blade signs may encroach beyond building envelopes by up to four(4)feet. 4.1.16.9. Horizontal Band Signs. A single external permanent horizontal band sign may be applied to the facade of each first floor business, provided that such sign not exceed eighteen (18) inches in height by twelve (12)feet in width. Businesses The Tree Farm 26 PUD Guide-July,2017 that occupy more than one facade may apply one sign band on each facade, up to two (2)total sign bands. 4.1.16.10. Vertical Band Signs.Two (2) external permanent vertical band signs may be applied to the facade of each individual building, providing that such sign not exceed eighteen (18) inches in width by twelve (12)feet in height, and no more than one (1)vertical sign band shall be applied to any one (1)facade. 4.1.16.11. Awning Signs. One(1)awning sign for each business may be installed on an awning near the business entrance.Awning signs shall not exceed a total of six (6)square feet, and lettering may not exceed ten (10) inches in height.Awning signs may not extend beyond the outer-most dimensions of the awning, and shall be compliant with all other awning regulations. 4.1.16.12. Freestanding Signs. One (1)freestanding sign may be installed at ground level within each buildable parcel,with a maximum sign area of sixteen (16)square feet and a maximum height of four(4)feet above ground level. 4.1.16.13. Trail Waypoint Signs.An unlimited number of trail waypoint signs may be installed, with a maximum sign area of one (1)square foot and a maximum height of four(4)feet above ground level. 4.1.16.14. Window Signs. For commercial businesses,window signs shall be allowed to occupy no more than twenty(20) percent of the total window area on which they are located. 4.1.16.15. Size Limitations for Combined Parcels.The combination of two (2)or more parcels shall not permit the increase of any sign size limitations. 4.1.16.16. Maintenance.All signs shall be maintained in an attractive and safe manner. 4.1.16.17. Prohibited Signs. -Internally illuminated signs. -Permanent inflatable signs used for commercial purposes. -Billboards and other off-premise signs. -Signs which create sound,flash, move, rotate,scintillate, blink,flicker, vary in intensity,vary in color or use intermittent electrical pulsations. -Moving or variable message signs. -Neon and neon-appearing signs. -Portable and wheeled signs (except sandwich board signs). -Roof signs. -Search lights or beacons. -Signs causing direct glare. -Signs obstructing ingress or egress from a building. -Signs on parked vehicles. -Televisions or other electronic monitors. -Unsafe signs. -Obscene signs. The Tree Farm 27 PUD Guide-July,2017 4.1.17. Exterior Lighting Regulations 4.1.17.1. Exterior lighting shall not cast glare directly onto adjacent properties, create a nuisance, or cause hazards to motorists or bicyclists. 4.1.17.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff), except as in exemptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.1.17.3. Lighting that is exempt from this regulation: -Exit signs and other illumination required by building codes. -Lighting for stairs and ramps, as required by building codes. -String lighting used for outdoor restaurant dining -Holiday and temporary lighting(less than thirty days use in any one year). -Low voltage landscape lighting, but such lighting should be shielded in such a way as to eliminate glare and light trespass. 4.1.17.4. Exterior lighting(except sign lighting) shall be sixteen (16)feet or less above finished grade in height. 4.1.17.5. Pole mounted fixtures shall be no less than fifty(50)feet apart and are limited to two (2) light sources per pole. 4.1.17.6. Blinking,flashing, moving, revolving, scintillating,flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays. 4.1.17.7. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.1.17.8. Timer controlled flood lights shall be prohibited. 4.1.17.9. An exterior lighting plan shall be submitted in conjunction with an application for building permit. The Tree Farm 28 PUD Guide-July,2017 4.2. Planning Area 2: Form-Based 4.2.1. Description Planning Area 2 is generally located at the northeast end of Kodiak Ski Lake.This Planning Area provides a moderate degree of flexibility in land uses,while maintaining a more rural design aesthetic. 4.2.2. Building Envelopes All habitable buildings within Planning Area 2 must be located within designated Building Envelopes. 4.2.3. Building Heights Allowable building heights for each parcel are indicated in Table 9.1 Parcel Matrix. For Planning Area 2,the maximum allowable building height is twenty-eight(28)feet. 4.2.4. Geotechnical Design All proposed structures shall be designed per site specific geotechnical investigation and design recommendations, including but not limited to foundation design,subsurface drainage design and evaluation of existing groundwater conditions. 4.2.5. Driveway Access Driveway access may be provided from the street into each lot in Planning Area 2. Driveways shall adhere to the following regulations: 4.2.5.1. Driveways shall have a maximum width of twenty-four(24)feet. Driveways that are intended only for service access (refuse service, delivery, etc.)and are no more than fifty(50)feet in length may have a minimum clear driving width of ten (10)feet. 4.2.5.2. Driveways shall have a maximum gradient of six(6) percent. 4.2.5.3. Driveways shall have a minimum thirteen and-a-half(13.5)foot vertical clearance. 4.2.5.4. Driveways in Planning Area 2 shall not be obstructed in any manner at any time. 4.2.6. Street Standards Planning Area 2 shall include one street type as follows: 4.2.6.1. Urban Residential.This two-way asphalt street type shall have two (2)twelve (12)foot wide travel lanes, and both sides of the street shall have a three(3) inch mountable curb. The Tree Farm 29 PUD Guide-July,2017 4.2.7. Parking The developer of each building parcel within Planning Area 2 must meet the parking space requirements based on the intended land use(s)of the parcel per Table 10.1 Parking Requirements. 4.2.7.1. Parking space requirements must be provided by off-street parking, completely within building parcels. 4.2.7.2. Where parking is provided, handicap accessible parking spaces shall be provided in compliance with the International Building Code (IBC), at the rates shown in the following table: 4:TIP it y.: ;;;,;; 1to25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2%of total 1,001 and over 20, plus one for each 100,or fraction thereof, over 1,000 4.2.7.3. Handicap accessible spaces shall have a minimum stall width of eight and one- half(8.5)feet with an adjacent access aisle width of five (5)feet.One (1) in every six(6) accessible spaces must be van accessible.Van accessible spaces shall have an adjacent access aisle width of eight(8)feet. Accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. Accessible parking spaces shall be identified by a sign showing the international symbol of accessibility. 4.2.7.4. Loading Zones within individual building parcels must have a minimum width of ten (10)feet and minimum vertical clearance of thirteen and-a-half(13.5)feet. 4.2.7.5. Parcel site plans must demonstrate how parking and loading requirements are achieved. 4.2.8. Parking Structures The Tree Farm 30 PUD Guide-July,2017 4.2.8.1. Below-grade parking structures are allowed in buildable parcels within Planning Area 2. Below-grade parking structures shall not count toward the allowable total NSF of the parcel. 4.2.8.2. Above-grade parking structures are allowed in buildable parcels within Planning Area 2, so long as all other requirements of these regulations are met.Any exposed façade of above-grade parking structures shall be designed in an architecturally appealing manner.Above-grade parking structures shall be set back a minimum of four(4)feet from any parcel boundary, and shall not count toward the allowable total NSF of the parcel. 4.2.9. Architectural Regulations 4.2.9.1. Porches, balconies, decks, roof projections, and stoops shall be allowed to encroach beyond the building envelope by up to five (5)feet and must remain within the parcel. 4.2.9.2. First floor canopies and awnings shall be allowed to extend beyond the building envelope by up to five (5)feet and must remain within the parcel, so long as such encroachments do not encumber other uses or compromise safety. 4.2.9.3. Roofing materials shall be non-reflective. 4.2.9.4. Window glazing shall not result in excessive glare or reflection. 4.2.9.5. Exterior building colors shall blend with the natural environment. 4.2.10. Efficient Building To encourage cost-effective and sustainable site planning and building methods,each habitable building within Planning Area 2 must meet certain minimum standards for Efficient Building.The systematic basis for rating a building's efficiency shall be based on Eagle County's"ECOBUILD" program as it existed in June 2014. The ECOBUILD program requires each building project to achieve a minimum number of scored points. Habitable buildings within The Tree Farm PUD shall utilize the same process and methodology for scoring, however the points required for The Tree Farm PUD will be higher than the minimum standards set by Eagle County. 4.2.10.1. For residential duplex or townhome construction in Planning Area 2, projects shall meet the minimums for The Tree Farm PUD as follows: `Reside t a Dwt+ llling ECOBUILD Minimum `j°Tree rm ;U47"11;/ S', r 'Feet: Sco (June 20 0-2000 40 points 60 points 2001-3000 45 points 67 points 3001-4000 50 points 75 points The Tree Farm 31 PUD Guide-July,2017 4.2.10.2. For commercial or multi-family residential construction in Planning Area 2, projects shall meet the minimums for The Tree Farm PUD as follows: 70 points 105 points 4.2.10.3. All other regulations of the ECOBUILD program shall apply. 4.2.11. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 2 per the following regulations: 4.2.11.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.2.11.2. Roof mounted solar collection systems shall be in alignment with roof slopes on pitched roofs, shall not cover more than eighty(80) percent of the pitched or flat roof upon which the system is mounted, shall be set back from roof peaks/eaves/valleys a minimum of three (3)feet, and shall not be more than one (1)foot higher than any portion of the roof upon which the system is mounted. 4.2.11.3. Ground or pole-mounted solar energy systems shall not exceed one-hundred (100) square feet in collection area or exceed eight (8)feet in height, and must be located to the side or rear of the principle structure's front façade. 4.2.11.4. One (1)wind energy collection system may be installed within each buildable parcel, shall have a maximum rotor diameter of four(4)feet,and shall be mounted on the primary structure not more than eight(8)feet higher than the portion of the structure on which it is mounted. 4.2.12. No Wood Burning Appliances Indoor wood burning appliances are prohibited within the PUD. 4.2.13. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 2. 4.2.13.1. Plant species, minimum spacing, and minimum sizes at installation shall comply with the requirements contained in The Tree Farm Design Guidelines. 4.2.13.2. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn, open space areas,or seeded areas,which may be spray irrigated.All irrigation The Tree Farm 32 PUD Guide-July,2017 systems are required to be equipped with an automatic rain sensor or other moisture sensing device. 4.2.13.3. At driveway intersections a Clear Vision Area with no obstructions shall be maintained extending thirty-five (35)feet back from each corner, and to a height of eight(8)feet. Clear Vision Areas shall be clearly defined and labeled on landscape plans. 4.2.13.4. A minimum five (5)foot-wide and eight(8)foot tall clear zone shall be maintained in all pedestrian areas. 4.2.13.5. Naturalized open space shall be treated with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views.The primary ground cover in naturalized areas shall be native and/or drought tolerant low-grow grasses. 4.2.13.6. A trail segment shall be provided as a continuation of the lakeside trail through Parcel 0-7 around the north end of Kodiak Ski Lake, connecting Parcel 0-2 with Parcel 0-6.This trail segment shall be eight(8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.2.13.7. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.2.14. Sign Regulations 4.2.14.1. Sign Approval Process.All signs in Planning Area 2 (except exempt signs) require a sign permit per the Eagle County Land Use Regulations. 4.2.14.2. Exempt Signs. Signs that do not require a County Sign Permit include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30) days. 4.2.14.3. Identification Sign. Planning Area 2 shall be allotted one (1)wall,freestanding or monument identification sign with a maximum area of sixteen (16) square feet per sign. 4.2.14.4. Address Numbers.Address numbers are required, shall be no more than six(6) inches measured vertically,and shall be attached to the building in proximity to the principal entrance.Address numbers may be externally illuminated. The Tree Farm 33 PUD Guide-July,2017 4.2.14.5. Lettering. No lettering on any sign shall exceed twelve (12) inches in height, except that the first letter in each word shall not exceed eighteen (18) inches in height. 4.2.14.6. Blade Signs. One blade sign for each business entrance may be permanently installed perpendicular to the façade near the business entrance. Blade signs shall not exceed a total of six(6)square feet, shall not protrude more than four (4)feet from the façade, and shall clear eight(8)feet above sidewalks or other finished grade. Blade signs may encroach beyond building envelopes by up to four(4)feet. 4.2.14.7. Horizontal Band Signs.A single external permanent horizontal band sign may be applied to the facade of each first floor business, provided that such sign not exceed eighteen (18) inches in height by twelve (12)feet in width. 4.2.14.8. Freestanding Signs. One (1)freestanding sign may be installed at ground level within each buildable parcel,with a maximum sign area of sixteen (16)square feet and a maximum height of four(4)feet above ground level. 4.2.14.9. Trail Waypoint Signs.An unlimited number of trail waypoint signs may be installed, with a maximum sign area of one (1) square foot and a maximum height of four(4)feet above ground level. 4.2.14.10. Window Signs. For commercial businesses,window signs shall be allowed to occupy no more than twenty(20) percent of the total window area on which they are located. 4.2.14.11. Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.2.14.12. Maintenance. All signs shall be maintained in an attractive and safe manner. 4.2.14.13. Prohibited Signs. -Internally illuminated signs. -Permanent inflatable signs used for commercial purposes. -Billboards and other off-premise signs. -Signs which create sound,flash, move, rotate,scintillate, blink,flicker, vary in intensity,vary in color or use intermittent electrical pulsations. -Moving or variable message signs. -Neon and neon-appearing signs. -Portable and wheeled signs(except sandwich board signs). -Roof signs. -Search lights or beacons. -Signs causing direct glare. -Signs obstructing ingress or egress from a building. -Signs on parked vehicles. -Televisions or other electronic monitors. The Tree Farm 34 PUD Guide-July,2017 -Unsafe signs. -Obscene signs. 4.2.15. Exterior Lighting Regulations 4.2.15.1. Exterior lighting shall not cast glare directly onto adjacent properties,create a nuisance, or cause hazards to motorists or bicyclists. 4.2.15.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff). Light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.2.15.3. Exterior lighting shall be twelve(12)feet or less above finished grade in height. 4.2.15.4. Pole mounted fixtures shall be no less than fifty(50)feet apart, are limited to two (2) light sources per pole, and may not exceed fourteen (14)feet in height. 4.2.15.5. Blinking,flashing, moving, revolving, scintillating,flickering, changing intensity and changing color lights shall be prohibited,except for temporary holiday displays of up to thirty(30)days. 4.2.15.6. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.2.15.7. Timer controlled flood lights shall be prohibited. 4.2.15.8. Exterior lighting shall be shown on plans submitted for building permit. The Tree Farm 35 PUD Guide-July,2017 4.3. Planning Area 3 (a & b): Park&Open Space 4.3.1. Description Planning Area 3 consists of two non-adjacent areas(3a &3b)generally located to the east(3a) and south (3b) of Kodiak Ski Lake.This Planning Area is intended to accommodate a variety of park, recreational and open space uses. 4.3.2. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 3 per the following regulations: 4.3.2.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.3.2.2. Ground or pole-mounted solar energy systems shall not exceed fifty(50) kilowatts in rated size. 4.3.2.3. One (1) pole-mounted wind energy collection system may be installed within each parcel and shall have a maximum rotor diameter of six(6) feet. 4.3.3. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 3. 4.3.3.1. Trees shall be planted in clusters to highlight views, screen other uses, and break-up open space areas.The primary ground cover shall be native and/or drought tolerant low-grow grasses. Pedestrian access ways/points into the open space areas shall be indicated with more formal plantings, such as deciduous tree rows and shrub beds. 4.3.3.2. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn, open space areas,or seeded areas, which may be spray irrigated.All irrigation systems are required to be equipped with an automatic rain sensor, or other moisture sensing device. 4.3.3.3. Parcel 0-6 is designated as a park and shall be more formally developed than the naturalized open space areas within Planning Area 3. Community gardens shall be included within the park parcel.The community garden area shall be fully enclosed with a deer-proof fence.A playground ("tot lot")encompassing equipment suitable for children 3-12 years old shall be provided in the park, and an open turf area shall be provided for informal active recreational uses. Adequate vegetative screening shall be provided between the park and Parcel L- 1. 4.3.3.4. A trail segment shall be provided as a continuation of the lakeside trail through Parcel 0-6, connecting Parcel 0-7 with Parcel 0-1.This trail segment shall be The Tree Farm 36 PUD Guide-July,2017 eight (8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.3.3.5. A trail segment shall be provided through Parcel 0-5 between Kodiak Drive and the Lakeside Trail in Parcel 0-4.This trail segment shall be a minimum of twelve (12)feet in width and shall be a hard, all weather surface, such as concrete, unit pavers,or similar.Asphalt,gravel or other soft surfaces are not permitted. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.3.3.6. A trail segment shall be provided as a continuation of the lakeside trail through Parcel 0-5, connecting Parcel 0-4 with Parcel 0-1 around the south end of Kodiak Ski Lake.This trail segment shall be eight(8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.3.3.7. Other trails within Planning Area 3 may be provided for pedestrian access and for the enjoyment of open spaces. 4.3.3.8. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.3.4. Sign Regulations 4.3.4.1. Sign Approval Process.All signs in Planning Area 3 (except exempt signs) require approval from The Tree Farm Design Review Board. 4.3.4.2. Exempt Signs.Signs that do not require Design Review Board approval include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30) days. 4.3.4.3. Identification Sign. Planning Area 3 shall be allotted one (1)wall,freestanding or monument identification sign with a maximum area of sixteen (16)square feet per sign. 4.3.4.4. Freestanding and Fence Signs.Two (2)freestanding or fence-mounted identification signs may be installed within Planning Area 3,with a maximum The Tree Farm 37 PUD Guide-July,2017 sign area of six(6) square feet and a maximum height of four(4)feet above ground level. 4.3.4.5. Interpretive and Trail Waypoint Signs.An unlimited number of interpretive and trail waypoint signs may be installed, with a maximum sign area of one (1) square foot and a maximum height of four(4)feet above ground level. 4.3.4.6. Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.3.4.7. Maintenance.All signs shall be maintained in an attractive and safe manner. 4.3.5. Exterior Lighting Regulations 4.3.5.1. Exterior lighting shall not cast glare directly onto adjacent properties, create a nuisance, or cause hazards to motorists or bicyclists. 4.3.5.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff). Light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.3.5.3. Landscape& pathway lighting shall be four(4)feet or less above finished grade in height. 4.3.5.4. Pole mounted fixtures shall be no less than seventy-five (75)feet apart,are limited to two (2) light sources per pole,and may not exceed fourteen (14)feet in height. 4.3.5.5. Blinking,flashing, moving, revolving, scintillating,flickering, changing intensity and changing color lights shall be prohibited. 4.3.5.6. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.3.5.7. Timer controlled flood lights shall be prohibited. 4.3.5.8. Exterior lighting shall be shown on plans submitted for building permit. The Tree Farm 38 PUD Guide-July,2017 4.4. Planning Area 4: Recreational 4.4.1. Description Planning Area 4 consists of the Kodiak Ski Lake and the associated ski club parcel. Parcel L-1 contains an existing recreational building of approximately 1800 NSF which shall not count toward the allowable total NSF for that parcel.This Planning Area is intended to accommodate a variety of recreational and open space uses. 4.4.2. Building Envelopes All buildings within Planning Area 4 must be located within designated Building Envelopes. 4.4.3. Building Heights 4.4.3.1. Allowable building heights for each parcel are indicated in Table 9.1 Parcel Matrix. For Planning Area 4,the maximum allowable building height is twenty- eight(28)feet. 4.4.4. Geotechnical Design All proposed structures shall be designed per site specific geotechnical investigation and design recommendations, including but not limited to foundation design,subsurface drainage design and evaluation of existing groundwater conditions. 4.4.5. Driveway Access 4.4.5.1. One (1) driveway access may be provided into parcel L-1. 4.4.5.2. The driveway shall have a maximum width of twenty-four(24)feet. 4.4.5.3. No driveway access is allowed into parcel 0-1. 4.4.6. Parking Development within Planning Area 4 must meet the parking space requirements per Table 10.1 Parking Requirements. 4.4.6.1. Parking space requirements must be provided by off-street parking. 4.4.6.2. Site plans for building permits must demonstrate how parking requirements are achieved. 4.4.7. Architectural Regulations 4.4.7.1. Roofing materials shall be non-reflective. 4.4.7.2. Window glazing shall not result in excessive glare or reflection. The Tree Farm 39 PUD Guide-July,2017 4.4.8. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 4 per the following regulations: 4.4.8.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.4.8.2. Roof mounted solar collection systems shall not cover more than eighty(80) percent of the pitched or flat roof upon which the system is mounted, shall be set back from roof peaks/eaves/valleys a minimum of three (3)feet, and shall not be more than two (2)feet higher than any portion of the roof upon which the system is mounted. 4.4.8.3. Ground or pole-mounted solar energy systems shall not exceed one-hundred (100) square feet in collection area or exceed eight(8)feet in height. 4.4.8.4. One (1)wind energy collection system may be installed within each buildable parcel, shall have a maximum rotor diameter of four(4)feet, and shall be mounted on the primary structure not more than eight(8)feet higher than the portion of the structure on which it is mounted. 4.4.9. No Wood Burning Appliances Indoor wood burning appliances are prohibited within the PUD. 4.4.10. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 4. 4.4.10.1. Adequate screening shall be provided between any ski club buildings and the adjacent park and open spaces. Screening shall consist of a mix of evergreen and deciduous trees planted in a naturalized row so as to form a more or less continuous screen. 4.4.10.2. Landscaping within Planning Area 4 can take any form so long as the proposed design does not conflict with site conditions or uses. 4.4.10.3. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn, open space areas, or seeded areas,which may be spray irrigated.All irrigation systems are required to be equipped with an automatic rain sensor or other moisture sensing device. 4.4.10.4. A trail segment shall be provided through Parcel 0-1 along the east side of Kodiak Ski Lake between Parcel 0-5 and Parcel 0-6 as a continuation of the lakeside trail.This trail segment shall be eight(8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. The Tree Farm 40 PUD Guide-July,2017 4.4.10.5. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.4.11. Sign Regulations 4.4.11.1. Sign Approval Process.All signs in Planning Area 4(except exempt signs) require a sign permit per the Eagle County Land Use Regulations. 4.4.11.2. Exempt Signs. Signs that do not require a County Sign Permit include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30) days. 4.4.11.3. Identification Sign. Planning Area 4 shall be allotted one (1)wall,freestanding or monument identification sign with a maximum area of twelve (12)square feet. 4.4.11.4. Address Numbers.Address numbers are required,shall be no more than six(6) inches measured vertically, and shall be attached to the building in proximity to the principal entrance.Address numbers may be externally illuminated. 4.4.11.5. Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.4.11.6. Freestanding and Fence Signs. One (1)freestanding or fence-mounted sign may be installed within each buildable parcel, with a maximum sign area of eight(8) square feet and a maximum height of six(6)feet above ground level. 4.4.11.7. Interpretive and Trail Waypoint Signs.An unlimited number of interpretive and trail waypoint signs may be installed, with a maximum sign area of one (1) square foot and a maximum height of four(4)feet above ground level. 4.4.11.8. Maintenance.All signs shall be maintained in an attractive and safe manner. The Tree Farm 41 PUD Guide-July,2017 4.4.12. Exterior Lighting Regulations 4.4.12.1. Exterior lighting shall not cast glare directly onto adjacent properties,create a nuisance, or cause hazards to motorists or bicyclists. 4.4.12.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff). Light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.4.12.3. Exterior lighting shall be twelve (12)feet or less above finished grade in height. 4.4.12.4. Pole mounted fixtures shall be no less than seventy-five (75)feet apart, are limited to two (2) light sources per pole, and may not exceed fourteen (14)feet in height. 4.4.12.5. Blinking,flashing, moving, revolving, scintillating,flickering, changing intensity and changing color lights shall be prohibited,except for temporary holiday displays of up to thirty(30) days. 4.4.12.6. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.4.12.7. Timer controlled flood lights shall be prohibited. 4.4.12.8. Exterior lighting shall be shown on plans submitted for building permit. The Tree Farm 42 PUD Guide-July,2017 5. Alternative Energy Production 5.1. Solar Electricity Provision The Tree Farm PUD Developer or an Association shall provide a minimum of 200 kW (kilowatts) of solar electric panels for the benefit of habitable buildings within the PUD.The solar electric panels may be located on-site within the PUD,or off-site.The electricity production of the solar electric panels shall be credited against the electricity costs of buildings within the PUD. The solar electric panels shall be provided proportionally with development such that at full build-out of the PUD all 200 kW have been provided.An Association of the PUD shall be responsible for ensuring that a reasonable and fair mechanism is utilized for monitoring solar electric production and issuing energy credits. The Tree Farm 43 PUD Guide-July,2017 6. Affordable Housing Plan 6.1. Calculation for 25%of the Total Residential Units The maximum number of dwelling units within The Tree Farm PUD is 340*—this is a maximum quantity and could be less depending on market conditions at the time of development. 340 total dwelling units x 25%=85 units (*Subject to the provisions and allowances of Section 3.2 of this PUD Guide.) 6.2. Additional Unit Mitigation The mitigation for the adjacent Lane Family Conservation Subdivision is one (1)Affordable Housing Unit,which is included within this Affordable Housing Plan. 6.3. Affordable Housing Provided Affordable Housing shall be provided in two general types; Price Capped and Resident Occupied. The Tree Farm PUD will provide the following Affordable Housing types and quantities: E °:.. ;.� _ .,, 6 ,fir. ..�.�.�i,'l��'X:, °w.•,k!�5 ... .. .. ..; [its Af'fordable'H :3- ntity; I Pricing*' °(see'Development S he, € Affordable Rental Housing 25 80% Within first 142,000 residential NSF. Affordable Rental Housing 15 100% Price Capped For Sale Housing 5 100% Proportionally with remainder of development upon completion of Price Capped For Sale Housing 5 140% Affordable Rental Housing. Resident Occupied For Sale 150 Proportionally with overall Housing (estimated) n/a development. *Pricing for rentals and initial sales shall be determined by the Eagle County Affordable Housing Guidelines per the AMI Pricing levels indicated in this table. The Tree Farm 44 PUD Guide-July,2017 6.3.1. Price Capped The Price Capped Affordable Housing units shall be a spectrum of types and sizes and shall be consistent with market rate units and market demand.A conceptual unit breakdown is as follows, but shall be subject to market conditions and demand at the time of permitting: Price Capped Affordable Housing Unit Distribution •. .. '4'", r;. s-�?.f,�:,i.: '�'. :'.1.a .: ,� r. .; :: :,.. .'.. -..'' ''.._._'Y�::so a-¢ X '�<r°.�k".,ii;_�`°✓i x. n, Rent8 i�S ,. . t•Studio Units Rental 10% 5 1 Bedroom Units Rental 30% 15 2 Bedroom Units Rental & For Sale 50% 25 3 Bedroom Units For Sale 10% 5 Maximum monthly rental rates and sales prices shall be based on Area Median Income as determined by the Eagle County Affordable Housing Guidelines at the time of rental or sale. For affordable rentals,all ongoing fees required to be paid by a resident(including but not limited to utilities and mandatory parking fees) must be included within the Maximum Monthly Rental Rate. 6.3.2. Resident Occupied Each non-Price Capped For Sale Housing unit shall have a Resident Occupied deed restriction that meets the requirements of Section 3.1.2 of the Eagle County Affordable Housing Guidelines:Administrative Procedures dated July 17, 2016, with the following additional and modified terms: 6.3.2.1. Eligible Households. For the first 60 days of listing, all Resident Occupied for sale units will be offered exclusively for sale to Eligible Households, as defined in the Eagle County Affordable Housing Guidelines: Administrative Procedures. 6.3.2.2. Non-Eligible Households.After the first 60 days of listing, if a Resident Occupied for sale unit is sold to a Non-Eligible Household:the Non-Eligible Household must pay a transfer fee of 1.0%to the Eagle County Housing and Development Authority. 6.4. Location of Price Capped Affordable Housing The Price Capped Affordable Housing Units shall be located within Planning Area 1 of the PUD. The Tree Farm 45 PUD Guide-July,2017 6.5. Development Schedule of Price Capped Affordable Housing The Affordable Rental Housing units and Price Capped For Sale Housing units shall be provided within the PUD per the following development schedule: For the first 142,000 NSF of residential development: The completion and issuance of Certificates of Occupancy for the first 142,000 NSF of residential development within the PUD shall be inclusive of the issuance of Certificates of Occupancy for forty(40)Affordable Rental Housing units,at the pricing levels and sizes identified in this Affordable Housing Plan. No building permits for additional residential NSF in excess of 142,000 shall be issued until the issuance of Certificates of Occupancy for these Affordable Rental Housing units. For each of the next four(4)segments of 74,438 NSF of total development: Following completion and issuance of Certificates of Occupancy of each of the next four (4)segments of 74,438 NSF of total development within the PUD, no building permits for additional NSF shall be issued until the issuance of Certificates of Occupancy for two (2) Price Capped For Sale Housing units per segment,at the pricing levels and sizes identified in this Affordable Housing Plan. Upon the completion of these four(4)segments of 74,438 NSF of total development (equaling 297,752 NSF), a total of eight (8) Price Capped For Sale Housing units shall be provided. For the final 74,438 NSF of total development: Concurrently and proportionally with the completion and issuance of Certificates of Occupancy for the final 74,438 NSF of total development within the PUD,the Developer shall provide the final two (2) Price Capped For Sale Housing units, at the pricing levels and sizes identified in this Affordable Housing Plan. 6.6. Marketing of Affordable Housing The Affordable Housing units will be marketed to Eligible Households within the Roaring Fork Valley. 6.7. Eligibility for Affordable Housing Eligibility for Affordable Housing shall be determined by the Eagle County Affordable Housing Guidelines, as may be amended from time to time. Eligible Households must be given priority for Affordable Housing units, excepting sales to Non-Eligible Households per Section 6.3.2.2., or unless prohibited by other funding sources(HUD, CHFA, etc.). Households must meet all other requirements of the deed restriction.The owner/manager of any Affordable Housing units must document how eligibility was confirmed and must keep a record of any documents supporting the eligibility determination. The Tree Farm 46 PUD Guide-July,2017 6.8. Prohibition of Short Term Rentals The Short Term Rental of any residential dwelling unit is prohibited within The Tree Farm PUD.A Short Term Rental is defined as the renting out of any residential dwelling unit for a period of less than thirty(30)consecutive days. 6.9. Other Public Affordable Housing Opportunities For the initial sale of each non-Price Capped For Sale Housing unit in the PUD,the Developer shall extend a First Right of Offer to Eagle County,for a period not to exceed ten (10)days prior to formally listing such units for sale.This provision is intended to allow Eagle County the opportunity to purchase units for the sole purpose of adding to the County's affordable housing stock. Following completion of required affordable housing within The Tree Farm PUD in accordance with foregoing provisions of this PUD Guide, Eagle County and the Town of Basalt will be given a reasonable opportunity to make an offer for the purchase from the Developer of unsold land within Planning Area 1 that the Developer determines is available for development of additional affordable housing. If Eagle County and the Town of Basalt express no interest in purchasing such unsold land for affordable housing purposes, then the Developer will consider offers made by other governmental entities for the purchase of such unsold land. Nothing in this section will be construed as requiring the Developer to sell any land for the development of additional affordable housing at less than fair market value or to set aside any land for the development of additional affordable housing. The Tree Farm 47 PUD Guide-July,2017 7. Real Estate Transfer Assessment (RETA) The Developer will record a covenant against the PUD(the "RETA Covenant")in the real property records of Eagle County for the purpose of imposing a Real Estate Transfer Assessment(RETA)that will have the following basic elements: 7.1. Basic Concept; Separate from 1%Transfer Fee The RETA be charged in the amount of 1%of the gross sales price paid by any purchaser of a vacant parcel or lot, commercial building or commercial condominium unit in the PUD. Initial sales by Woody Ventures, LLC will be subject to the RETA.The RETA will be payable at the closing of each applicable sale.The RETA is separate from the 1%real estate transfer fee that will apply exclusively to the sale of Resident Occupied for sale housing units to Non-Eligible Households as provided in Section 6.3.2.2. of this PUD Guide. 7.2. Exemptions The following transactions will be excluded from the RETA: 7.2.1. Governmental Entities Any purchase by any County, Municipality, School District, Housing Authority or other governmental entity for affordable housing purposes will be exempt from the RETA. 7.2.2. Transfers for No Consideration Each transfer of a parcel, lot or unit for no consideration (e.g., a transfer by reason of death, a gift for no consideration other than love and affection, a charitable donation, a transfer among affiliated entities where no purchase price is paid, etc.)will be exempt from the RETA. 7.3. Commercial Transactions Commercial sales transactions will be subject to the RETA. Commercial transactions would include sales of vacant land,sales of commercial buildings, sales of commercial condominium units, and sales of rental apartment projects. Importantly,even if a rental apartment project includes some Affordable Rental Housing(as defined in the Housing Guidelines),the sale of the project would still be considered a commercial transaction subject to the RETA. 7.4. Responsible Party/Enforcement The obligation to pay the RETA will be the legal responsibility of the purchaser in each applicable transaction (though the parties in any transaction may agree separately to adjust the economic effect of the RETA through closing adjustments).The RETA will constitute a lien for the benefit of the County upon the parcel, lot or unit that is sold until it is paid. The Tree Farm 48 PUD Guide-July,2017 7.5. Payee of the RETA The RETA will be payable directly to Eagle County or any specific department of Eagle County designated from time to time by the BoCC in its discretion. 7.6. Administration of the RETA Eagle County will be the beneficiary of the RETA Covenant and will have responsibility for administering collection of the RETA and qualifying any proposed exempt transactions.The RETA Covenant will include as Exhibits form documents to be used by the parties in each transaction for the purpose of remitting the RETA payments to the County or applying for an exemption from the RETA.The County, in the discretion of the BoCC, will have the right to engage a third-party to administer the RETA on behalf of the County. 7.7. Use of the RETA Revenues Subject to the request in Section 7.8 below,the RETA Covenant will provide that the RETA revenues may be used by Eagle County for any public purpose(s) permitted to be undertaken by a statutory County under the general laws of the State of Colorado.The BoCC will have the right in its discretion to vary or change the County's use of the RETA revenues from time to time.The specific uses of the RETA will not be prescribed in the RETA Covenant itself. 7.8. Preference for Use of RETA Revenues Though it is ultimately up to the BoCC,Woody Ventures, LLC respectfully requests that the BoCC consider providing in the RETA Covenant that the RETA revenues will be directed primarily toward projects or services within the Roaring Fork Valley. The Tree Farm 49 PUD Guide-July,2017 8. Administration 8.1. Covenants The PUD will be governed by a Master Declaration of Protective Covenants and potentially supplemental declarations for specific areas of the PUD (collectively,the"Declarations").The Declarations will establish a master owners Association for the PUD,to be known as The Tree Farm Master Association, and may also establish sub-Associations for different areas of the PUD(each an "Association").The Associations will be formed and operated in accordance with the Colorado Common Interest Ownership Act, subject to any permitted exemptions under such Act. It is also anticipated that one or more metropolitan districts will be established for the PUD pursuant to Title 32 of the Colorado Revised Statutes(each a "District").As permitted by Colorado law,the Associations and/or a District may have authority to enforce the terms of the Declarations. Initially,the Declarations shall be effective only as to those parcels within the PUD which have been platted (the "Platted Area").The balance of the PUD will be identified in the Declarations as "expansion area"which will be annexed into the applicable Declaration as parcels are added to the Platted Area.The applicable Declaration will be amended to incorporate additions to the Platted Area as a part of the plat amendment process. The Declarations will contain terms in compliance with Colorado law governing how the responsibility for each Association's expenses are allocated among the Parcels within the Platted Area of the PUD in the form of assessments. 8.2. Maintenance of Common Elements A District will be responsible for maintaining, repairing, replacing and improving the public streets, trails, parks, recreation areas, associated landscaping,water mains,sewer mains and other public infrastructure within the PUD. Expenses that benefit more than one Parcel but that are not eligible for payment by a District will be paid for by an Association and will be funded through Association assessments as described in Section 7.1, above. Maintenance responsibility for parking lots, landscaping and infrastructure which services a single Parcel will be the obligation of the owner of that Parcel.An Association will have the right, but not the obligation,to maintain the improvements which service a single Parcel at the cost of the Parcel owner; such Association will have a right to impose an additional fee for carrying out these functions and to bill the owner for all such costs. 8.3. Association Management Each Association may designate a property management firm to carry out its duties under its Declaration. Designation of a professional manager will not excuse the Association for its responsibilities arising under the Declaration. Each Association will be established as a nonprofit corporation under Colorado law and will comply with the Colorado Common Interest Ownership Act with regard to handling of funds,the election of the executive board, and the transition of control of the executive board from the Developer to the non-developer owners. The Tree Farm 50 PUD Guide-July,2017 8.4. Association Insurance Each Association will be required to purchase all property and liability insurance required by the Colorado Common Interest Ownership Act and may acquire any additional insurance deemed necessary or advisable by the entity's Board of Directors.The individual Parcel owners will be responsible for protecting themselves against property damage or loss, and liability arising from their ownership of a Parcel. 8.5. Association Dispute Resolution Each Association will develop rules and regulations which clearly establish a framework for the orderly use of common elements and the exercise of each owner's right to use its Parcel. In the event of an alleged breach of those rules and regulations, or a purported violation of the Declaration, in most cases the Association will be required to give the alleged violator notice of the infraction and a prompt opportunity to give an explanation of why he, she or it should not be held in violation.Standards will be established in the Declaration or Association rules which will insure the alleged violator receives a fair hearing and resulting decision by the Association. Neither the Association nor the alleged violator will be permitted to utilize the court system until this "due process procedure" has been completed.This procedure will not be required in cases involving an imminent threat to public safety, damage to the common elements and other exceptions to be identified in the Declaration. 8.6. Voting Rights Voting rights of the Parcel owners in the affairs of the each Association will be allocated among owners as described in the applicable Declaration.Those allocations may not provide an equal vote to each Parcel owner within the PUD. Owners of Parcels may have varying rights to vote in the Association's decisions depending on the question at issue;the Declaration may reserve a decision on particular questions or classes of questions to the Parcel owners who will be affected by the decision, as described in the Declaration. 8.7. Special Taxing District Compliance Each District will comply with the requirements of Title 32 of the Colorado Revised Statutes. The Tree Farm 51 PUD Guide-July,2017 8.8. Kodiak Lake Management Plan The Tree Farm Master Association shall develop and maintain a Management Plan for Kodiak Lake, which shall address the following items in detail: 8.8.1. Lake Hours of Operation 8.8.1.1. Non-motorized hours of operation; 8.8.1.2. Motorized hours of operation. 8.8.2. Allowable Noise Levels 8.8.2.1. Utilizing a maximum dBa threshold as measured from any point along the lakeside pedestrian pathway. 8.8.3. Allowable Use of Lake 8.8.3.1. Membership use; 8.8.3.2. Classes; 8.8.3.3. Special events,such as HOA-sponsored events and/or competitive athletic events; 8.8.3.4. Other uses to be defined. 8.8.4. Special Events 8.8.4.1. Allowed number of attendees; 8.8.4.2. Parking plan requirements; 8.8.4.3. Adequate facilities(i.e. refuse, sanitation); 8.8.4.4. Acceptable event hours/duration. 8.8.5. Mass Gatherings As allowed only by Limited Review in Section 2.3 of this PUD Guide, and as defined by the ECLUR, Mass Gatherings means entertainment, recreation, religion, athletic and similar activities having a reasonable expected attendance of five hundred or more(500+) persons. 8.8.6. Water Safety,Awareness and Education The Tree Farm 52 PUD Guide-July,2017 8.9. Modifications to this PUD Guide This PUD Guide is intended to promote the orderly and compatible development of the property, while remaining somewhat flexible to allow for market changes and design innovations as the project progresses through its operational life cycle. From time to time,some modifications to this PUD Guide and PUD plans may be necessary, and proposed modifications shall be considered according to the provisions of this section. 8.9.1. Minor Amendments 8.9.1.1. Minor Amendments are specific changes to the PUD that do not significantly alter the overall design concept, character and intent of the PUD. Minor amendments include but are not limited to: minor changes in internal road alignments; building envelopes; required build-to lines; parcel boundaries; Planning Area boundaries;trail alignments; easement alignments; landscaping; and land uses that do not alter the overall character of the PUD.Text changes to this document that are intended to provide clarity,correct conflicts,or that consider prior oversights shall also be considered Minor Amendments. 8.9.1.2. Minor Amendments shall be processed under the authority of the Eagle County Planning Director.The Director may approve a Minor Amendment if it is found to be generally consistent with the overall character and intent of the PUD and to not negatively impact adjacent properties or land uses.Appeals from any decision of the Director shall be governed by Section 5-2400 of the ECLUR as it may be amended from time to time. 8.9.2. Major Amendments 8.9.2.1. Major Amendments are specific changes to the PUD that, as reasonably determined by the Director, significantly alter the overall design concept, character and intent of the PUD. Major amendments include but are not limited to major changes in: road alignments; connections to external roads; parcel locations; Planning Areas; and land uses. 8.9.2.2. Major Amendments shall be processed as an Amendment to Preliminary Plan for PUD per Section 5-240.F.3.m. of the ECLUR, as it may be amended from time to time. Appeals of any decision made by Eagle County in connection with a request for a Major Amendment of the PUD shall be subject to the applicable provisions of Colorado law. The Tree Farm 53 PUD Guide-July,2017 9. Parcel Matrix Table 9.1 Parcel Matrix Form-Based Parcels A-1 1 8,964 0.21 90% 6,580 28 10,627 5,313 5 A-2 1 5,750 0.13 90% 4,854 28 7,839 3,920 4 A-3 1 4,687 0.11 90% 3,369 28 5,441 2,720 2 A-4 1 5,927 0.14 90% 4,944 28 7,985 3,992 4 Nam 1 5,886 0.14 90% 3,942 28 6,366 3,183 3 8-2 1 10,690 0.25 90% 8,628 37 19,801 12,871 12 8-3 1 15,735 0.36 70% 11,369 37 23,193 15,075 13 C-1 1 20,167 0.46 80% 15,066 28 8,964 0 0 0-1 1 40,131 0.92 70% 32,300 45 27,455 17,846 16 0-2 1 41,031 0.94 70% 33,200 45 28,220 18,343 16 D-3 1 13,955 0.32 90% 12,832 37 29,449 19,142 17 D-4 1 13,986 0.32 90% 12,864 37 29,523 19,190 17 D-5 1 13,955 0.32 90% 12,832 37 29,449 19,142 17 D-6 1 15,481 0.36 90% 14,296 37 32,809 21,326 19 E-1 1 6,927 0.16 90% 5,824 28 8,911 4,455 4 E-2 1 6,692 0.15 90% 5,622 28 8,602 4,301 4 E-3 1 25,806 0.59 90% 23,993 37 42,493 27,620 25 F-1 1 54,494 1.25 70% 52,798 37 67,317 67,317 60 F-2 1 89,412 2.05 70% 85,711 37 109,281 109,281 98 6-1 2 18,653 0.43 N/A 10,814 28 9,192 4,596 4 Recreational Parcel 1-1 4 29,703 0.68 N/A 27,408 28 1,275 N/A 0 Tracts N-1 1 34,095 0.78 N/A N/A N/A N/A N/A 0 N-2 1 97,507 2.24 N/A N/A N/A N/A N/A 0 N-3 1 52,825 1.21 N/A N/A N/A N/A N/A 0 N-4 1 74,624 1.71 N/A N/A N/A N/A N/A 0 N-5 1 161,520 3.71 N/A N/A N/A N/A N/A 0 N-6 2 20,932 0.48 N/A N/A N/A N/A N/A 0 N-7 3 12,351 0.28 N/A N/A N/A N/A N/A 0 Open Space Parcels 0-1 4 596,572 13.70 N/A N/A N/A N/A N/A 0 0-2 1 50,479 1.16 N/A N/A N/A N/A N/A 0 0-3 1 7,529 0.17 N/A N/A N/A N/A N/A 0 0-4 1 88,534 2.03 N/A N/A N/A N/A N/A 0 0-5 3 121,434 2.79 N/A N/A N/A N/A N/A 0 0-6 3 65,580 1.51 N/A N/A N/A N/A N/A 0 0-7 2 16,976 0.39 N/A N/A N/A N/A N/A 0 0-8 2 20,049 0.46 N/A N/A N/A N/A N/A 0 The Tree Farm 54 PUD Guide-July,2017 10. Parking Requirements Table Table 10.1 Parking Requirements LAND USE PLANNING AREA PARKING SPACE REQUIREMENT Multi-Family Dwelling Unit: studio 1 1 space per dwelling unit* Multi-Family Dwelling Unit: 1 bedroom 1 1.4 spaces per dwelling unit* Multi-Family Dwelling Unit: 2 bedrooms 1 1.75 spaces per dwelling unit* Multi-Family Dwelling Unit: 3 bedrooms 1 2 spaces per dwelling unit* Multi-Family Dwelling Unit: 4 or more 1 3 spaces per dwelling unit bedrooms Multi-Family Dwelling Unit: studio or 1 2 2 spaces per dwelling unit bedroom Multi-Family Dwelling Unit: 2-3 bedrooms 2 2.5 spaces per dwelling unit Multi-Family Dwelling Unit: 4 or more 2 3 spaces per dwelling unit bedrooms Multi-Housekeeping Dwelling Unit ALL 1 space per bedroom Lodging(including hotel,motel, lodge, ALL 1 space per sleeping room boarding house and similar uses) Retail,Service Commercial and Office ALL 1 space per 250 SF of net floor area** Restaurant and Tavern ALL 1 space per every 4 seats 1 space per 100 SF of floor area used for Auditorium and Public Assembly Areas ALL seating or assembly Public Facilities and Health Facilities ALL 1 space per 300 SF of floor area Manufacturing Establishment ALL 1 space per 1000 SF of floor area Wholesale Establishment ALL 1 space per 2000 SF of floor area * For parking rates on Multi-Family Dwelling Units in Planning Area 1(PA 1): Prior to issuance of a building permit which would result in construction of more than 55%of total allowable dwelling units,the Developer shall provide to Eagle County a parking rate study of the previously constructed units to determine total parking utilization. If the study determines that the built and/or planned parking supply is inadequate,the Developer shall be required to provide additional parking management strategies acceptable to the County Engineer, and/or provide additional parking to accommodate the projected parking demand prior to building permit issuance. Eagle County may require a follow-up study prior to issuance of a building permit which would result in construction of more than 75%of total allowable dwelling units,to verify that the parking supply is adequate prior to build-out of the remaining allowable dwelling units.The parking rate study shall be conducted at full and/or normal residential occupancy,and shall be coordinated with the County Engineering Department regarding timing and methodology. The purpose of the parking rate study is to validate the appropriateness of the Multi-Family residential parking rates as listed in the table above,and to make parking rate adjustments for Multi-Family Units as necessary. The Tree Farm 55 PUD Guide-July,2017 **Net floor areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes,exclusive of any area dedicated to foyers, bathrooms,stairways,circulation corridors, mechanical areas and storage areas. 11. Definitions AFFORDABLE HOUSING—Shall mean any dwelling unit that is deed restricted in perpetuity per the requirements of Eagle County. ASSOCIATION—Shall mean any governing Association of the PUD as described in the Administration section of this PUD. BUILDABLE PARCEL—Means those parcels or lots containing Building Envelopes. BUILDING ENVELOPE—Means a defined portion of a lot or parcel within which all habitable buildings shall be confined. Example Building Envelope-Plan Diagram LOT LINE BUILDING ENVELOPE ighk A A t _ __ - _ _____ PUBLIC SIDEWALK « .1.,.,. ., .a ( , $V, 1 ' 4 *t." . . , 1 { t � 1 L $r5 • � r E.,,,... , ,, .l BUILDING HEIGHT- Measured as the maximum height of any building from finished grade to the highest point of the roof peak or parapet wall above that grade location. Example Building Height—Section Diagrams. ., ........,t, �t ; Iiiit MAXIMUM 't �� BUILDING z MAXIMUM BUILDING HNGHT s �� HEIGHT FINISHED r s t # . `" ,I#+t a ri'`,I� FINISHED FINISHED GRADE GRADE GRADE ss'.,...'� FINISHED GRADE SLOPE COUNTY—Shall mean Eagle County, Colorado. The Tree Farm 56 PUD Guide-July,2017 DENSITY TRANSFER—Shall mean the re-assigning of allowable residential dwelling units, residential square footage,or commercial square footage to other parcels within the PUD. DESIGN GUIDELINES—Shall mean The Tree Farm Design Guidelines, as administered by The Tree Farm Design Review Board. DESIGN REVIEW BOARD (DRB)—Shall mean The Tree Farm Design Review Board. DEVELOPER—Shall mean Woody Ventures, LLC, a Colorado limited liability company, or any assignee of Woody Ventures, LLC pursuant to the following provisions of this definition.Woody Ventures, LLC or any subsequent holder of the Developer status under this PUD Guide may assign the Developer status in whole or in part with respect to the entire Tree Farm PUD or any Parcel within The Tree Farm PUD to any person or entity that acquires ownership of either such existing Developer's remaining unsold interest in The Tree Farm PUD or the particular Parcel for which the Developer status is being assigned. Any such assignment must be executed by the then-existing Developer and the new Developer and must be recorded in the real estate records of the County to be effective. In addition,the new Developer must agree in such assignment to assume all of the Developer obligations with respect to the Developer rights being assigned to such new Developer.The Developer status may also be collaterally assigned as security for an obligation. ECLUR—Shall mean the Eagle County Land Use Regulations. FIRST RIGHT OF OFFER—Means the right to make an offer for the purchase of a subject unit at the purchase price for which such unit will be listed for sale prior to the sale or listing for sale of such unit to any other party. HABITABLE BUILDING—Means any structure,whether of commercial or residential use,that is designed for human occupation per applicable building codes. HERS—Shall mean the Home Energy Rating System,an industry standard by which a home's energy efficiency is measured. LOT(or PARCEL)—Shall mean any portion of land within the PUD which is shown on any recorded plat and which may be sold or conveyed without violation of the provisions of Colorado law pertaining to the subdivision of land. NET SQUARE FEET(NSF)-A calculation based on interior area that is measured from the interior walls, including all interior partitions, habitable basements, interior storage areas,closets and laundry areas. Such calculations shall not include mechanical areas,exterior storage, stairwells,garages, patios, balconies,decks, and porches. The Tree Farm 57 PUD Guide-July,2017 PLANNING AREA-Shall mean a defined geographical area within the PUD with similar land uses and regulatory standards. The Tree Farm PUD-Planning Area Map b 44.,,,,..4, i..r. Iv,,lo. to, . ,. „ 00, ,, i P 14Trr-!10:-,. + � Y x Fy u ," 1 �" . ? ..,-..% i �"�St.: i d. ,. S.�.,—,h'4W.+i.'y >.... ».x ' . ;n a ' ...'w ,„ .,.4," . x i � ... r: i ti "" „' { a9 R * r, ;,, plannin a e ti w. • • S PUD-Shall mean The Tree Farm Planned Unit Development. PUD GUIDE-Shall mean this document that sets forth a comprehensive framework of standards, restrictions and regulations which govern development and land use within The Tree Farm Planned Unit Development. REQUIRED BUILD-TO LINE (RBL)-Means a defined vertical plane with which the exterior wall of a building is required to coincide. Minor deviations from the required build-to line for such architectural features as weather protection, recesses, niches, ornamental projections, entrance bays, or other articulations of the facade may be permitted per this PUD Guide. Example Required Build-To Line(RBL)-Section Diagram REQUIRED BUILD-TO-LINE (budding must coincide , i '", ' with RBL per PUD Guide) Yti]. f Ix'i � LOT LINE �sa z�t� 1i L f Y SHORT TERM RENTAL-The renting out of any residential dwelling unit for a period of less than thirty (30)consecutive days. SOLAR ENERGY COLLECTION SYSTEM-A solar photovoltaic cell, panel, or array, or solar hot air or water collector device,which relies upon solar radiation as an energy source for collection, inversion,storage, and distribution of solar energy for electricity generation or transfer of stored heat. WIND ENERGY COLLECTION SYSTEM-A wind energy conversion system consisting of a wind turbine, mounting pole or tower, and associated control or conversion electronics. The Tree Farm 58 PUD Guide-July,2017 12. PUD Guide Execution IN WITNESS WHEREOF, Eagle County and the Developer have executed this PUD Guide as of date effective: "all . Le Z b BOARD OF COUNTY COMMISIONERS OF EAGLE COUNTY COLORADO /s/ � / / HAIRMAN ATTEST: 04 , y /5/ '' 00 C0Lo P' -P�L–ilk 01l"�11-A , CLERK & RECORDER WOODY VENTURES, LLC By: //� MP' Name: David L. Marrs Its: Manager (General Manager) By: • 4 i— Name: Andrew N. Lane Its: Manager (Investment Manager) The Tree Farm 59 PUD Guide-July,2017 The Tree Farm 60 PUD Guide-July,2017 EXHIBIT D TREE FARM VARIANCE TABLE 15 c c c 7 N C C O) Ql N a_ 7 O) n-r. c 7. .c-. 7. ,c-, ^+ 3 ro 00 .mm. -t n (o 0 o n fD C T C TI C O) C -i _cu m 0 ri 13,3 0' o 0 m -• � < .+ S ai 'a 7 N rF In no 0 y.) 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Ur 0 v Cl .+ o Q v -5 n p m = v 7 ° m 5 .t m v° -S N T n m .+ N v O �• 0 6 =rt) C n m < m In LA <Ol 00 t�D d -p < Q T TI . co 13 0 m co n 0) 0) 7c S N -' m m •O m -p O 7 tNi, .�- 0_ O 7 c S N 0 m p O =• < n N -" 7 a or O' C 7 7. 0_ N CD m o m 3 7 ,+ o, 00 0) Cl .+ O_ 0) 00 O- CD m ?. 0 0 n S H 7 ro T ' o m C ," O m CD m m .' m N N • EXHIBIT E PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE TREE FARM PUD 16 COUNTY OF EAGLE, STATE OF COLORADO PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE TREE FARM PLANNED UNIT DEVELOPMENT File Number: PDP-4986 WHEREAS, on or about July 14, 2014, Woody Ventures, LLC, a Colorado limited liability company(hereinafter referred to as the"Applicant"),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 Tree Farm Planned Unit Development (the "PUD"), File No. PDP-4986; and, WHEREAS, the Applicant requested approval of a Preliminary Plan for the Tree Farm PUD (the"Preliminary Plan for PUD") for a proposed development consisting of 340 residential dwelling units utilizing up to 379,635 square feet, and up to 134,558 square feet of floor area for commercial and light industrial uses, including retail, restaurant, service, office, civic and recreational uses, on a 42.91-acre site located at 401 Tree Farm Drive and located in unincorporated Eagle County, as more particularly described on Exhibit A attached hereto (the "Property"); and, WHEREAS, concurrent with the approval of the Preliminary Plan for PUD, the Developer and the Eagle County Board of County Commissioners (the"Board")hereby enter into this Planned Unit Development Agreement(hereinafter referred to as the"Agreement"), binding the PUD to any conditions placed in the Resolution approving the Preliminary Plan for PUD and this Agreement and such supplemental agreements relating to the PUD as may be appropriate and necessary; and, WHEREAS, this Agreement provides for the inclusion of a common open space park and recreational area plan, a landscape plan and a housing plan in accordance with the Eagle County Land Use Regulations (the"ECLUR"); and, WHEREAS, this Agreement ensures installation of necessary public improvements planned to accommodate the development of the PUD in accordance with the ECLUR; and WHEREAS, pursuant to Article 5-240.F.3.h. items (1) through(4) of the ECLUR, the Board finds that the following shall set forth the obligations of the Applicant pursuant to this 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: 1. CONDITIONS IN THE RESOLUTION The PUD,including the Applicant and successive owners of any part thereof,is bound to all of the conditions placed in the resolution approving the Preliminary Plan for PUD approved by the Board on September 19, 2017 (the"Resolution"). 2. COMMON OPEN SPACE AREAS 2.1 Common Open Space Plan. The Applicant agrees to be bound by its verbal and written assurance as to its common open spaces,parks and recreational areas as set forth in the PUD and in the Planned Unit Development Guide for The Tree Farm PUD (the"PUD Guide"), a copy of which is attached hereto as Exhibit B (the"Common Open Space Plan"). The Common Open Space Plan must specify how the preservation of these lands is to be implemented, identify the restrictions against development, include terms by which any common areas are to be maintained. The Common Open Space Plan must be submitted with each application for a Final Plat with respect to the particular restricted land subject to such Final Plat and must be approved by the Board as part of the approval of each such Final Plat. 3. LANDSCAPE PLAN AND PUBLIC IMPROVEMENT GUARANTEE; PHASING 3.1 Construction Phasing. Construction phasing for the PUD will be driven primarily by market demand. This approach to phasing allows for a more organic growth scenario, and is more consistent with how towns and communities have historically developed over time. For purposes of clarity as related to the phasing and build-out of the PUD, it is agreed that(a) while timing and order of construction will remain flexible, the infrastructure for the PUD will be brought on-line in four distinct areas of the PUD, as show in the map depicted on page 9 of the PUD Guide(each a"Planning Area"). As set forth on the Infrastructure Phasing Map attached hereto as Exhibit C, and incorporated herein,Planning Area 1 will be developed first, consisting of infrastructure phases 1A, 1B, and 2. Infrastructure phases 1 A and 1B will be built prior to infrastructure phase 2 within Planning Area 1. It is anticipated that infrastructure development in Planning Areas 2 and 3 will occur after development of Planning Area 1, as represented by infrastructure phase 3 on the Infrastructure Phasing Map; and(b) the Infrastructure Phasing Map contemplates development tracts being created within each such phase and the guaranteeing of the infrastructure serving each phase and that individual Planning Area or portions thereof within each phase will be platted and its public improvements(e.g.,roads within the Planning Area)guaranteed separately as market conditions dictate; and (c) nothing in the Infrastructure Phasing Map is to be construed as requiring the Applicant to require the completion of one phase before commencing construction of a different phase pursuant to the SIA for that different phase. The final configuration for a particular phase shall be determined pursuant to the Final Plat approval for such phase and may be different from the Infrastructure Phasing Map as so approved. Notwithstanding the foregoing, and as set forth above,the Applicant agrees to develop infrastructure phases 1A and 1B first, including the guaranteeing of the landscaping and public improvements infrastructure for such phases as set forth below in this Agreement. As used hereinafter, the term "Phase"refers to each phase of development of the PUD that is subject to a separate Final Plat pursuant to the terms of this Agreement. 2 3.2 Landscape Plan. The Applicant agrees to submit with the application for each Final Plat approval a Landscape Plan for the common and public areas of the Property subject to such Final Plat that complies with the Landscape Regulations of the PUD Guide. The Landscape Plan may be designed by PUD phase, with installation occurring concurrently with the development of each Phase. The Landscape Plan must be approved by the Board before or concurrently with approval of each Final Plat with respect to the property subject to such Final Plat. 3.3 Agreement to Guarantee Landscaping. The Applicant agrees to provide a guarantee pursuant to the requirements of the ECLUR in a form acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan for each Phase will be installed. The Applicant agrees to provide such guarantee for no less than one hundred and twenty-five percent(125%) of the estimated cost to install the landscaping improvements for such Phase. The Applicant agrees that the landscaping guarantee for each Phase of the PUD shall be provided at the time of recording of the Final Plat for each such Phase. In the event such guarantee is not received, the Final Plat for such phase shall not be recorded. 3.4 Release of Landscape Guarantee. As portions of the landscape improvements are completed for a Phase, the Eagle County Community Development Director, or designated representatives within the County staff, 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 ten percent (10%) shall be withheld until all proposed improvements for such Phase 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. 3.5 Subdivision Improvement Agreements. The Applicant agrees to execute a Subdivision Improvements Agreement(hereinafter referred to as the "SIA")prior to approval of each Final Plat for each Phase of the PUD. Each SIA will contain, among other things, the following provisions: A. Specification of Improvements. The improvements to be installed for each Phase (the"PUD Improvements") shall be specified, and shall include requirements as set forth in the Resolution approving File No. PDP-4986. B. Indemnification. The Applicant shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with the SIA,or on account of any other claims against the County because of the activities conducted in furtherance of the terms of the SIA. This indemnification and hold harmless provision shall include any reasonable and customary legal expenses or costs incurred by the County. Notwithstanding the foregoing, the Applicant shall not be liable to indemnify the County for claims caused by the act or omission of the County without regard to the involvement of the Applicant. C. Certificates of Insurance. The Applicant 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$350,000 per individual and$990,000 per occurrence, naming the County as an additional insured. The Developer, if it serves as the 3 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, Section 114(1)(a), Colorado Revised Statutes. D. 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 SIA 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 Applicant 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 Applicant hereunder; and the Applicant 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 Applicant may have. E. Guarantee for Public Improvements. The Applicant agrees to provide for each Phase of the PUD a guarantee in a form acceptable to the County Attorney to ensure necessary public improvements are installed according to the development approval for no less than one hundred percent(100%) of the estimated cost of the public facility improvements, as estimated by the Applicant's engineer and approved by the Eagle County Engineer. The Applicant agrees that the guarantee for each Phase of the PUD shall be provided at the time of recording of the Final Plat for such Phase. In the event such guarantee is not received,the Final Plat for such Phase shall not be recorded. As portions of the public facilities improvements are completed for a Phase, the Eagle 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 for such Phase are completed and approved by the Eagle County Engineer. F. Warranty. Each SIA shall provide for a warranty period of two(2)years following substantial completion of the last of the public improvements within the Phase covered by the SIA. 4. HOUSING PLAN 4.1 The Developer has agreed to the Affordable Housing Plan approved as part of the PUD, which Affordable Housing Plan is set forth in the PUD Guide attached hereto as Exhibit B. Price-capped affordable housing units will be located in Planning Area 1 of the PUD. The development schedule for price-capped affordable housing is set forth in Section 6.7 of the PUD Guide. 4 5. OTHER MATTERS 5.1 Trails and PUD Roadways. A. Trails. A 1.3 mile public pedestrian trail and bicycle network has been designed into the PUD to promote healthy living and to minimize the need for motorized transportation. The trails system has been designed to provide strong pedestrian connections between each Planning Area, and includes a 1-mile multi-use trail will loop around Kodiak Lake. B. Dedication, Construction and Maintenance. At each Final Plat approval for the PUD,all trails and new roadways to be constructed pursuant to the PUD and depicted on each such Final Plat("PUD Roadways") shall be constructed to County Standards, except as varied in the Table of Variances attached to the Resolution as Exhibit C or as otherwise varied by the Board,and dedicated to the public pursuant to customary plat dedication language, subject to a warranty period and acceptance. Further, construction, maintenance and repair of trails, PUD Roadways and sidewalks shall be the responsibility of the Applicant or its successor or assigns(which may be an owners association or metropolitan district)pursuant to plat notes delineated on each Final Plat with respect to trails, PUD Roadways and sidewalks created by such Final Plat. The responsibilities undertaken by the Applicant or its successor or assigns with respect to the trails, PUD Roadways and sidewalks include, without limitation, the obligation of construction, maintenance and repair of the trails,PUD Roadways and sidewalks,to include traffic control signs and markings, and of compliance with the snow management plan for the PUD, which shall contain the provisions set forth below (the"Snow Management Plan"). C. Snow Management Plan. The Snow Management Plan shall contain the following provisions: • Snow storage areas shall be provided in an amount equal to 2.5% of all on-street parking areas. • Parcel 0-6 may be utilized as a snow storage area if needed in extreme circumstances. • Snow removal from all public streets and sidewalks shall commence by the master owners association or the metropolitan district with any snowfall amount of 2" of greater. • Snow removal from private parcels shall commence by the parcel owner with any snowfall amount of 2"or greater. 5.2 Construction Site Management. The Design Guidelines for the PUD shall contain language to address the potential issue of idle construction sites within the PUD as follows: "Any site within the PUD that has been disturbed by clearing or construction activities that is idle for more than sixty(60) days shall be subject to proper stabilization and temporary revegetation as follows: • All disturbed areas shall be stabilized to prevent erosion within or from the site, and no area of the site shall exceed a 2:1 slope. • All bare ground areas shall be revegetated with either an annual cover crop (for 5 short-term idling of less than 8 months) or a perennial cover crop (for long-term idling more than 8 months). If necessary,topsoil shall be applied to enable successful revegetation. • All revegetated areas shall be supported by a temporary automatic irrigation system. The owners association shall have the authority to enter the property and conduct such revegetation or maintenance measures as may be required to bring the parcel into compliance with these terms. The parcel owner shall be assessed the cost of performing these tasks." 5.3 Public School Dedication Fee. In accordance with the ECLUR,the PUD is subject to a school land dedication requirement or fees-in-lieu payment for the benefit of the RE-1 School District(the"District"). Based on the number of residential units contemplated for the PUD, the land dedication requirement for the PUD is 0.85 acres. The Applicant has agreed to provide the District with a land dedication of an 0.85-acre parcel (the"District Parcel") in order to provide a site for future multi-family housing for teachers and other staff members (the"School Housing Purpose"). The Board acknowledges and agrees that the dedication of the District Parcel pursuant to the following terms satisfies the intent and purpose of the ECLUR and C.R.S. 30-28-133(4)(a)(II)because the District Parcel will be for school purposes and has been specifically requested by the District in a letter of May 17, 2017 to the County staff. The Applicant and the District have agreed to a potential site for the District Parcel located adjacent to the PUD and shown on the map attached hereto as Exhibit D. The District Parcel shall be dedicated by the Applicant for the School Housing Purposes pursuant to the following provisions unless the District concludes that a multi-family housing project for teachers and other staff members on the District Parcel is not feasible or otherwise determines that it would prefer to receive a cash-in-lieu payment pursuant to the applicable provisions of the ECLUR. Subject to the preceding sentence, the District Parcel shall be dedicated for School Housing Purposes simultaneously with the recording of the first Final Plat for the PUD. The District Parcel shall be initially dedicated by the Applicant to the County and held by the County for the District until actually required by the District for the School Housing Purpose, at which point the County shall convey the District Parcel to the District. If the District determines subsequent to dedication by the Applicant that the District Parcel is not required or desired by the District for School Housing Purposes, the Board may, at the request of the District, require the Applicant to purchase the District Parcel for a purchase price equal to the fair market value of the District Parcel at the time the Applicant dedicated the District Parcel to the County on behalf of the District. The Applicant shall then have ninety(90) days to close on the purchase of the District Parcel for such purchase price and the purchase funds shall be treated as a cash-in-lieu payment by the Applicant for the benefit of the District in satisfaction of and in accordance with the requirements of the ECLUR. The District's option to require the Applicant to purchase the District Parcel as described above shall expire twenty years from the date the District Parcel was dedicated by the Applicant. The failure of the District to exercise of such option within twenty years shall not remove the restriction that the District Parcel be used by the District only for School Housing Purposes. 6 5.4 Contribution to Future Law Enforcement Services. A. Amount. In addition to the property tax and sales tax revenues to be provided by the PUD, the Applicant has agreed to establish funding for the provision of additional law enforcement services to meet the anticipated needs of the PUD. The additional funding contributions from the Applicant shall fund the cost of one full-time Sheriff's Deputy for the Eagle County Sheriff's Office (approximately$120,000 per year) and the cost of one vehicle (approximately$60,000 every five years). The total annual amount of the Deputy and pro rata vehicle cost will be$132,000 per year. B. Phasing and Escalation. This sum will be payable as follows: (i) at the first year following the initial date of construction under any Final Plat for the PUD and each year thereafter until 25% of the buildout of the PUD: $66,000; and (ii) at 25% of buildout of the PUD and each year thereafter: $132,000. These amounts will be subject to an annual escalator based on the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items, published by the federal Bureau of Labor Statistics. C. Sources. These financial contributions to the Eagle County Sheriff's Office will come from one or more of a combination of sources, including the master owners association for the PUD, a public improvement fee that will be charged on retail sales within the PUD and/or a metropolitan district that will be formed for the PUD. 5.5 Transit Support. A. Parking. The Applicant or its successor or assigns shall provide twenty(20) dedicated parking spaces within Planning Area 1 of the PUD for the use of RFTA transit patrons. These parking spaces shall be proximate to the RFTA bus stop and pedestrian underpass and completed not later than the build out of Planning Area 1. B. Funding. The Applicant or its successor or assigns shall provide a funding contribution of$400,000 for the benefit of RFTA to acquire or build additional parking spaces anywhere within its service area at RFTA's discretion. This amount may be funded through the metropolitan district(s)to be formed for the PUD,or other sources,and provided incrementally and proportionately with the development of the PUD. 6. GENERAL PROVISIONS 6.1 Compliance with Land Use Regulations. The Applicant shall be required to obtain all necessary permits and comply with the provisions of the ECLUR, 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. 6.2. Sole Responsibility of Applicant Prior to County Acceptance.The Applicant 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 SIAs by the County, each of said improvements 7 not accepted as complete shall be the sole responsibility and charge of the Applicant. When it is necessary to allow the general public to utilize the PUD Roadways under construction by the Applicant, traffic control and warning devices shall be placed upon such roadways by the Applicant 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. 6.3 Severability. Whenever possible, each provision of this 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. 6.4 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 the County and the Applicant or the Applicant's successor(s) with respect to the actual Phase(s) affected by any such amendment. Minor deviations from this Agreement may be approved by the County Community Development Director or his or her designee within the County staff. Minor deviations that are authorized are those generally described in Section 5-240.F.3.1 of the ECLUR. 6.5 Assignability. This Agreement shall be enforceable against the Applicant, provided, however, that in the event the Applicant sells, transfers or assigns all or part of the PUD,the obligations of the Applicant under this Agreement as to that portion of the PUD may be assumed in writing by the purchaser of the parcel, and the Applicant 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 Applicant 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. 6.6 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 6.7 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. 6.8 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 ECLUR, 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, or injunction. The remedies explicitly provided 8 herein are cumulative, and not exclusive, of all other remedies provided by law. 6.9 Notice. Any 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 Applicant: Woody Ventures, LLC Attn: David L. Marrs 401 Tree Farm Dr. Carbondale, CO 81623 With a copy to: J. Bart Johnson, Esq. Waas Campbell Rivera Johnson &Velasquez 420 East Main Street, Suite 210 Aspen, CO 81611 Any party may change its address for receiving notices by delivery of at least seven(7)days' prior notice to the other party pursuant to the foregoing provisions. With respect to any successor to Applicant with respect to the PUD or a specific Phase of the PUD as provided in this Agreement, unless another address is provided in writing by such successor, the notice address for such successor shall be the address on file with the Eagle County Assessor's Office or the address of such successor's Registered Agent with the Colorado Secretary of State's Office, if applicable. [remainder of page intentionally blank] 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. EAGLE COUNTY, COLORADO, by and through its Board of County Commissioners By: , ALI. A.A/1�. 41 4141 • = , Chair ` cQ o oy it-i Ia.", 02 -i LA"-- 2 i � ATTEST: u A U I27 cows,' Clerk to the Board of County Commissioners 6.-11 O ui APPLICANT: WOODY VENTURES, LLC , a Colorado limited liability company By Name: rr avid fr s Its: Manager(General Manager) By: Name: Andrew . L. e Its: Manager(Investment Manager) Exhibit List: Exhibit A: Legal Description of the Property Exhibit B: The Tree Farm PUD Guide Exhibit C: Infrastructure Phasing Plan Exhibit D: School District Site Map 10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 11 THE TREE FARM PUD - LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 2, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35; THENCE S37°19'54"E A DISTANCE OF 1675.92 FEET TO A POINT IN THE CENTER OF ROBINSON DITCH, THE POINT OF BEGINNING; THENCE LEAVING SAID CENTER OF DITCH S22°30'00"E A DISTANCE OF 266.20 FEET; THENCE S42°30'00"E A DISTANCE OF 408.52 FEET; THENCE S17°30'00"W A DISTANCE OF 212.31 FEET; THENCE S42°30'00"E A DISTANCE OF 890.99 FEET; THENCE S68°32'28"E A DISTANCE OF 254.69 FEET; THENCE S42°30'00"E A DISTANCE OF 209.26 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE AMENDED PLAT OF LAURA J. ESTATES AS RECORDED IN BOOK 264 ON PAGE 119 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF EAGLE, STATE OF COLORADO; THENCE ALONG SAID WESTERLY BOUNDARY OF LAURA J. ESTATES THE FOLLOWING TWELVE (12) COURSES: 1) Sll°09'07"E A DISTANCE OF 60.86 FEET; 2) S17°15'53"W A DISTANCE OF 79.16 FEET; 3) S28°12'53"W A DISTANCE OF 90.82 FEET; 4) S82°15'53"W A DISTANCE OF 162.69 FEET; 5) 560°06'53"W A DISTANCE OF 135.86 FEET; 6) S05°49'07"E A DISTANCE OF 36.83 FEET; 7) S24°04'53"W A DISTANCE OF 96.33 FEET; 8) S33°15'53"W A DISTANCE OF 80.60 FEET; 9) S35°03'53"W A DISTANCE OF 104.58 FEET; 10) S09°40'53"W A DISTANCE OF 41.48 FEET; 11) S06°46'07"E A DISTANCE OF 134.08 FEET; 12) S35°57'53"W A DISTANCE OF 54.31 FEET TO A POINT ON THE EASTERLY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE LEAVING SAID WESTERLY BOUNDARY OF AMENDED PLAT OF LAURA J. ESTATES, ALONG THE.EASTERLY LINE OF SAID COLORADO STATE HIGHWAY NO. 82 THE FOLLOWING NINE (9) COURSES: 1) NO2°35'48"E A DISTANCE OF 62.12 FEET; 2) N57°57'19"W A DISTANCE OF 224.17 FEET; 3) N26°10'11"W A DISTANCE OF 260.72 FEET; 4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2969.79 FEET AND A CENTRAL ANGLE OF 13°49'34", A DISTANCE OF 716.64 FEET, (CHORD BEARS N31°11'14"W A DISTANCE OF 714.90 FEET) 5) N39°29'38"W A DISTANCE OF 213.84 FEET; 6) N43°04'19"W A DISTANCE OF 399.20 FEET; 7) N40°12'01"W A DISTANCE OF 700.00 FEET; 8) N44°40'59"W A DISTANCE OF 127.94 FEET; 9) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 02°27'59", A DISTANCE OF 249.87 FEET, (CHORD BEARS N41°26'01"W A DISTANCE OF 249.85 FEET); THENCE LEAVING SAID EASTERLY LINE, 586°16'27"E A DISTANCE OF 62.53 FEET; THENCE N19°50'03"W A DISTANCE OF 67.58 FEET; THENCE N26°04'13"W A DISTANCE OF 119.52 FEET;THENCE N10°47'33"W A DISTANCE OF 38.25 FEET; THENCE N05°45'28"W A DISTANCE OF 44.33 FEET; THENCE S72°02'43"E A DISTANCE OF 111.27 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 335 ON PAGE 987; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE THE FOLLOWING FOUR (4) COURSES: 1) S73°35'34"E A DISTANCE OF 292.72 FEET; 2) N87°40'46"E A DISTANCE OF 252.41 FEET; 3) S65°19'14"E A DISTANCE OF 169.34 FEET; 4) N68°34'11"E A DISTANCE OF 238.80 FEET; THE POINT OF BEGINNING. SAID PARCEL CONTAINING 42.908 ACRES MORE OR LESS. EXHIBIT B THE TREE FARM PUD GUIDE 12 th -. tre a t • a = nd • — cultivating community - PUD Guide JULY 2017 Prepared By: LAND WEST 345 Colorado Ave.#106 Carbondale,CO 81623 www.landwestcolorado.com (this page intentionally blank) The Tree Farm 2 PUD Guide-July,2017 TABLE OF CONTENTS 1. OVERVIEW AND PURPOSE 7 1.1. COMMUNITY OVERVIEW AND VISION 7 1.2. PURPOSE OF THE PUD GUIDE 7 1.3. ENFORCEMENT 7 2. LAND USE 8 2.1. PUD SUMMARY 8 2.2. PLANNING AREAS 9 2.3. ALLOWED USES 9 2.3.1. Land Use Schedule 9 2.4. DESIGN REVIEW BOARD 14 2.4.1. Design Guidelines 14 2.4.2. Development Application Process 14 3. DENSITY TRANSFER 15 3.1. DENSITY TRANSFER REGULATIONS 15 3.2. LODGING COMMERCIAL FLEX SPACE 16 3.2.1. Flex Allocation. 16 3.2.2. Flex Use 16 3.2.3. Flex Conversion 16 4. REGULATIONS BY PLANNING AREA 17 4.1. PLANNING AREA 1:FORM-BASED 17 4.1.1. Description 17 4.1.2. Building Envelopes 17 4.1.3. Building Heights 17 4.1.4. Required Build-To Lines(RBL) 17 4.1.5. Geotechnical Design 18 4.1.6. Parcel Vehicular Access 18 4.1.7. Street Standards 19 4.1.8. Parking and Loading 19 4.1.9. Parking Structures 21 4.1.10. Architectural Regulations 21 4.1.11. Efficient Building 22 4.1.12. Energy Collection Systems 23 4.1.13. No Wood Burning Appliances 23 4.1.14. Landscaping and Trails 23 4.1.15. Bicycle Parking 25 4.1.16. Sign Regulations 26 4.1.17. Exterior Lighting Regulations 28 4.2. PLANNING AREA 2:FORM-BASED 29 4.2.1. Description 29 4.2.2. Building Envelopes 29 4.2.3. Building Heights 29 4.2.4. Geotechnical Design 29 4.2.5. Driveway Access 29 4.2.6. Street Standards 29 4.2.7. Parking 30 The Tree Farm 3 PUD Guide-July,2017 4.2.8. Parking Structures 30 4.2.9. Architectural Regulations 31 4.2.10. Efficient Building 31 4.2.11. Energy Collection Systems 32 4.2.12. No Wood Burning Appliances 32 4.2.13. Landscaping and Trails 32 4.2.14. Sign Regulations 33 4.2.15. Exterior Lighting Regulations 35 4.3. PLANNING AREA 3(A&B):PARK&OPEN SPACE 36 4.3.1. Description 36 4.3.2. Energy Collection Systems 36 4.3.3. Landscaping and Trails 36 4.3.4. Sign Regulations 37 4.3.5. Exterior Lighting Regulations 38 4.4. PLANNING AREA 4:RECREATIONAL 39 4.4.1. Description 39 4.4.2. Building Envelopes 39 4.4.3. Building Heights 39 4.4.4. Geotechnical Design 39 4.4.5. Driveway Access 39 4.4.6. Parking 39 4.4.7. Architectural Regulations 39 4.4.8. Energy Collection Systems 40 4.4.9. No Wood Burning Appliances 40 4.4.10. Landscaping and Trails 40 4.4.11. Sign Regulations 41 4.4.12. Exterior Lighting Regulations 42 5. ALTERNATIVE ENERGY PRODUCTION 43 5.1. SOLAR ELECTRICITY PROVISION 43 6. AFFORDABLE HOUSING PLAN 44 6.1. CALCULATION FOR 25%OF THE TOTAL RESIDENTIAL UNITS 44 6.2. ADDITIONAL UNIT MITIGATION 44 6.3. AFFORDABLE HOUSING PROVIDED 44 6.3.1. Price Capped 45 6.3.2. Resident Occupied 45 6.4. LOCATION OF PRICE CAPPED AFFORDABLE HOUSING 45 6.5. DEVELOPMENT SCHEDULE OF PRICE CAPPED AFFORDABLE HOUSING 46 6.6. MARKETING OF AFFORDABLE HOUSING 46 6.7. ELIGIBILITY FOR AFFORDABLE HOUSING 46 6.8. PROHIBITION OF SHORT TERM RENTALS 47 6.9. OTHER PUBLIC AFFORDABLE HOUSING OPPORTUNITIES 47 7. REAL ESTATE TRANSFER ASSESSMENT (RETA) 48 7.1. BASIC CONCEPT;SEPARATE FROM 1%TRANSFER FEE 48 7.2. EXEMPTIONS 48 7.2.1. Governmental Entities 48 7.2.2. Transfers for No Consideration 48 7.3. COMMERCIAL TRANSACTIONS 48 7.4. RESPONSIBLE PARTY/ENFORCEMENT 48 7.5. PAYEE OF THE RETA 49 7.6. ADMINISTRATION OF THE RETA 49 The Tree Farm 4 PUD Guide-July,2017 7.7. USE OF THE RETA REVENUES 49 7.8. PREFERENCE FOR USE OF RETA REVENUES 49 8. ADMINISTRATION 50 8.1. COVENANTS 50 8.2. MAINTENANCE OF COMMON ELEMENTS 50 8.3. ASSOCIATION MANAGEMENT 50 8.4. ASSOCIATION INSURANCE 51 8.5. ASSOCIATION DISPUTE RESOLUTION 51 8.6. VOTING RIGHTS 51 8.7. SPECIAL TAXING DISTRICT COMPLIANCE 51 8.8. KODIAK LAKE MANAGEMENT PLAN 52 8.8.1. Lake Hours of Operation 52 8.8.2. Allowable Noise Levels 52 8.8.3. Allowable Use of Lake 52 8.8.4. Special Events 52 8.8.5. Mass Gatherings 52 8.8.6. Water Safety,Awareness and Education 52 8.9. MODIFICATIONS TO THIS PUD GUIDE 53 8.9.1. Minor Amendments 53 8.9.2. Major Amendments 53 9. PARCEL MATRIX 54 10. PARKING REQUIREMENTS TABLE 55 11. DEFINITIONS 56 12. PUD GUIDE EXECUTION 59 The Tree Farm 5 PUD Guide-July,2017 (this page intentionally blank) The Tree Farm 6 PUD Guide-July,2017 1. Overview and Purpose 1.1. Community Overview and Vision The Tree Farm PUD is a pedestrian-friendly,transit-oriented mixed-use community that incorporates a range of land uses including commercial, residential,open space, recreation,trails, and transportation.The Tree Farm PUD provides integrated access to regional transit and trail connections,while incorporating a high standard for low-impact development, energy efficiency, and renewable energy production.The Tree Farm PUD is intended to be developed with an emphasis on social,fiscal,environmental,and healthy living benefits for residents, patrons, and the greater community. 1.2. Purpose of the PUD Guide The primary purpose of this PUD Guide is to set forth a comprehensive framework of standards, restrictions and regulations which govern development and land use within The Tree Farm PUD.This PUD Guide will promote the orderly and compatible development of the property,while remaining somewhat flexible to allow for market changes and design innovations as the development progresses through its operational life cycle.This PUD Guide shall supersede the Eagle County Land Use Regulations(ECLUR)with site specific regulations that are more appropriate to the design goals and objectives of lands contained within this PUD.This PUD Guide is authorized pursuant to Eagle County Resolution , dated approving the Preliminary Plan for The Tree Farm PUD. 1.3. Enforcement The provisions of this PUD 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.All provisions of this PUD Guide shall run in favor of the residents,occupants and owners of land within The Tree Farm PUD to the extent expressly provided in this PUD Guide and in accordance with its terms and conditions.Where the PUD Guide is silent, the specific provisions of the ECLUR,as may be amended from time to time,shall prevail. The Tree Farm PUD is located within special service districts including the Mid Valley Metropolitan District and the Basalt and Rural Fire Protection District. Plans shall be designed to the adopted Fire Code at the time of permit application,except where variations have been approved as provided by this PUD Guide or by the fire district.The Mid Valley Metropolitan District rules and regulations shall apply,except where variations have been approved by that Metro District. The Tree Farm 7 PUD Guide-July,2017 2. Land Use 2.1. PUD Summary The Tree Farm PUD allows a maximum of 514,193 net square feet(NSF).The maximum amount of residential use is 379,635 NSF,and the maximum amount of commercial use is 134,558 NSF.These amounts are subject to the provisions and allowances of Section 3.2 of this PUD Guide.The Developer shall document the built amounts of total NSF, residential NSF,commercial NSF, and number of dwelling units at each final plat filing. Table 2.1 PUD Summary PUD Total Acres 42.91+/- Open Space/Park Acres 22.2+/- Open Space/Park Percent 51.8% Maximum Allowable NSF 514,193 Maximum Allowable Residential NSF* 379,635 Maximum Dwelling Units* 340 Overall PUD Density* 7.9 DU/AC Maximum Non-Lodging Commercial NSF 74,007 Maximum Lodging Commercial Flex NSF* 60,551 Maximum Single-Use Retail Space NSF 30,000 *Subject to the provisions and allowances of Section 3.2 of this PUD Guide. The Tree Farm 8 PUD Guide-July,2017 2.2. Planning Areas All parcels within The Tree Farm PUD belong to a Planning Area as depicted on Figure 2.2 Planning Area Map. Each Planning Area is intended to provide specific consistency in land use regulations and design standards. Figure 2.2 Planning Area Map r,, ,,,e 5444...A._ 0 441. 4.1* ' , 1:-- r- --77- 77,7-;77,t1". ' •'="—e * *1 'i,;;.'' ' 1 pinnnin}; a ;, emu. .„.„.,:,... / _ � 1..,�. S .,_ $.44,, �, ■ `^r 2.3. Allowed Uses 2.3.1. Land Use Schedule Each Planning Area contains allowed Uses by Right, as detailed in Table 2.3 Land Use Schedule. Specific land uses for each Planning Area fall into one of the following categories: 2.3.1.1. Use By Right(R): The use is allowed within the Planning Area. 2.3.1.2. Allowed by Limited Review(L): The use is allowed within the Planning Area if approved through the Eagle County Limited Review process, and all conditions of that approval are met. 2.3.1.3. Not Allowed (N): The use is not allowed within the Planning Area. The Tree Farm 9 PUD Guide-July,2017 Table 2.3 Land Use Schedule riggEgfcr44W7?3,775iTtiti*WfW4M trA'-'irdiAZZA-VE-44%;Agivv'''!--; -:(f:c::'.4 RESIDENTIAL&HOME USES Accessory Dwelling N N N N Bed and Breakfast R R N N Conservation Subdivision N N N N Customary Accessory Residential Uses L L N N Day Care Home L L N N Duplex Dwelling L R N N Dwelling Units R R N N Group Home R R N N Home Business L L N N Home Occupation R R N N Live/Work R R N N Mobile Home Park N N N N Multi-Family Dwelling R R N N Multi-Housekeeping Dwelling R R N N Nursing or Convalescent Home R R N N Single-Family Dwelling N N N N Time Share and Fractional Fee Estates L L N N COMMERCIAL USES Adult Entertainment Uses N N N N Agricultural Equipment,Supplies and Materials Store L L N N Appliance Sales R L N N Appliance Service or Repair R L N N Art Gallery R R N N Auto and Vehicle Parts Store R L N N Auto Service Station and Repair Garage R L N N Bank R N N N Barber or Beauty Shop R R N N Book,Music or Video Store R R N N Car Wash R L N N Clothing or Dry Goods Store R R N N Computer Sales Store R R N N Computer Service R R N N Convenience Grocery Store R N N N Day Care Center R R N N Drive-Through Facility L N N N Farmers Market R R R N Feed Store R L N N Food or Beverage Store or Bakery R R N N Furniture Store R R N N Garden Supply and Plant Materials Store/Greenhouse/Nursery L R L N Hardware Store R L N N INC „CC 1 1411tt 10 PUD Guide-July,2017 Schedule ule(cont'd) vET1 44 .s. F L� �-, ,.:Table 2.3 Land Use t a 4 Ek�� y 47 k X ". r , .' 1, f aw u ,i l a v.}i, g w, —t - y ' COMMERCIAL USES(coned) Hotel or Motel R L N N Indoor Amusement,Recreation or Theater R L N N Kennel N L N N Landscape Storage Yard N R N N Laundromat R L N N Laundry or Dry Cleaning Pick-Up Station R L N N Live/Work R R N N Marijuana Business R R N N Medical or Dental Clinic,including acupuncture R R N N Mortuary R R N N Nightclub,Bar or Tavern R R N N Office,Business or Professional R R N N Personal Adornment/Tattoo Parlor R R N N Pharmacy R L N N Photography Studio R R N N Print Shop or Publishing R R N N Private Club R R N R Reading Room R R N N Resort Recreational Facility R R N R Restaurant R R N L Self Service Laundromat R L N N Shoe Repair R R N N Studio For Arts and Crafts R R N N Tailor Shop R R N N Vehicle,Aircraft and Pleasure Boat Rental N L L R Vehicle,Aircraft and Pleasure Boat Sales,Storage,Service or N L N R Repair • Veterinary Hospital R R N N INDUSTRIAL,SERVICE-COMMERCIAL&WHOLESALE USES N N N N Assembly,which does not include any fabrication of parts R R N N Auto Wrecking N N L Commercial Laundry or Dry Cleaning Plant N N N N Compost Facility N N N Construction and Demolition Debris Facility N N N N Contractor Storage Yard N N Distribution Center N N N N N N N N Extraction and Processing of gravel,minerals,rocks,sand or other earth products Extraction or Exploration(gravel pit,petroleum or N N N N natural gas well,coal or ore mine) N N N N N N N Junkyard Land Application of domestic or industrial sludge N Lumber Mill N N N N Lumber yard N N N N Manufacture,Assembly or Preparation of Articles or L L N N Merchandise From Previously Prepared Materials rrre r fee rurrri 11 PUD Guide-July,2017 Table 2.3 Land Use Schedule(cont'd) r i az 0. 'Ik rrLfAgaV.FefZ;:W.';-i:lri,T:;:tqVfniWR,r:kj 4 ,�. � �r 5 INDUSTRIAL,;SERVICE-COMMERCIAL&WHOLESALE USES (cont'd) Manufacture,Compounding,Processing,Packaging or L L N N Treatment of Products Manufacture,use or storage of explosives N N N N Motor Freight Depot N N N N Planer Mill N N N N Plant for Processing Natural Resources and Agricultural N N N N Materials Processing(including alfalfa pellet mill,saw mill, gravel crushing,asphalt or concrete batch plant,but N N N N excluding primary wood and firewood processing) Recyclable Materials Processing N N N N Recycling Collection or Drop Off Center L L N N Recycling Operation N N N N Reduction or Disposal by Sanitary Landfill Method of waste N N N N materials Saw Mill N N N N Shop for Blacksmith,Cabinet Maker,Electrician,Glazing, R R N N Machining,Plumbing,or Sheet Metal Telecommunication Facilities L L N N Transfer Station N N N N Truck Stop N N N N Warehouse or Storage Building,including mini-storage N N N N Wholesale Establishments L L N N AGRICULTURAL&FORESTRY USES Agriculture and Customary Accessory Agricultural Buildings N R N N Boarding Stable N R N N Farm or Ranch Stand/Sales of Agricultural Products R R L N Feedlot N N N N Forestry N N N N Livestock Sales Yard N N N N Sales of Commercial Firewood N L N N Tree Storage N R N N RESORT,RECREATION&AMUSEMENT.USES Drive-in Theater N N N N Golf Course or Golf Driving Range N N N N Mass Gatherings N L N N Outfitter and Guide R R N N Polo Field N N N N Recreational Vehicle Park N L N N Resort Recreational Facility;Day or Resident Camp R R L L Riding Stable N L N N Ski Area N N N N Sports Complex L R N N Sports Shooting Range N N N N The Tree Farm 12 PUD Guide-July,2017 Table 2.3 Land Use Schedule(cont'd) PUBLIC FACILITIES,UTILITIES&INSTITUTIONAL USES Airport,Landing Strip,Utility or Air Carrier N N N N Ambulance Facility L L N N Auditorium R L N N Cemetery N N N N Church R R N N Community or Public Building R R L N Educational Facility R R L N Electric Power Generation Facility N N N N Electric Power Transmission Line N N N N Fire Station L L N N Fraternal Lodge R L N N Heliport N N N N Helistop L L N N Hospital R L N N Impound Lot N N N N Library R L N N Museum R L L N Natural Gas Transmission Line N N N N Park and Outdoor Recreation/Recreation Facilities R R R R Park,Open Space or Greenbelt R R R R Parking Lot or Garage(as the principal use of the parcel) L L N N Post Office/Private Postal Facility R L N N Postal Substation L L N N Reservoirs and Dams engineered to contain more than ten N N N R (10)acre feet of water Sanitary Landfill N N N N Snow Dump/Snow Storage Area L L R L Transportation Services L L N N Utilities,including water storage and treatment and N N N N wastewater treatment facilities Utility Distribution Facilities N N N N Utility Substation N N N N Water Diversion Structures,Ditches,and Pipeline Structures R R R R Water Impoundments L I R R Water or Wastewater Projects N N N N Water or Wastewater Treatment Facility N N N N Water Storage Facility N N N N ENERGY COLLECTION SYSTEMS Large Scale Wind Energy Systems N N N N Small Hydro Electric Energy R R R R Small Scale Wind Energy Systems N L L L Solar Energy Device R R R R TEMPORARY USES Temporary Building,Construction Trailer,or Use R R L L Temporary Housing L L N N The Tree Farm 13 PUD Guide-July,2017 2.4. Design Review Board This section specifies the authorities of The Tree Farm Design Review Board (DRB)and Design Guidelines. 2.4.1. Design Guidelines The Tree Farm Design Review Board shall develop and administer The Tree Farm Design Guidelines.All development projects within The Tree Farm PUD shall be subject to and consistent with The Tree Farm Design Guidelines. 2.4.2. Development Application Process Applicants for all new development proposals, building or landscape modifications,sign proposals,or other construction proposals within The Tree Farm PUD shall submit such proposals for review to The Tree Farm Design Review Board per The Tree Farm Design Guidelines. The Tree Farm 14 PUD Guide-July,2017 3. Density Transfer The allowable densities for each parcel within the PUD are defined in Table 9.1 Parcel Matrix. The Developer shall be allowed to transfer density between Planning Areas and Parcels, provided infrastructure is adequate for any increased density,subject to the following: 3.1. Density Transfer Regulations 3.1.1.1. Density may be transferred between Planning Areas and between Parcels as specified in the following table: Planning ;: , ,. .,,:.: ; Parcels May Donate: Parcels May Receive: Area Dwelling units,residential NSF,and Dwelling units,residential NSF,and commercial NSF,not to exceed an commercial NSF,not to exceed an aggregate g' aggregate total of 20%of the total of 20%over the maximum allowable maximum allowable NSF for the NSF for the Parcel. Parral Dwelling units,residential NSF,and Dwelling units,residential NSF,and commercial NSF,not to exceed an commercial NSF, not to exceed an aggregate 2 aggregate total of 20%of the total of 20%over the maximum allowable maximum allowable NSF for the NSF for the Parcel. Parral 3 None. None. 4 All allowable NSF. Up to 20%over the maximum allowable NSF. 3.1.1.2. Density Transfers within the PUD shall not result in exceeding the overall PUD limitations as follows: Maximum Allowable NSF 514,193 Maximum Allowable Residential NSF* 379,635 Maximum Dwelling Units* 340 Maximum Non-Lodging Commercial NSF 74,007 Maximum Lodging Commercial Flex NSF* 60,551 Maximum Single-Use Retail Space NSF 30,000 *Subject to the provisions and allowances of Section 3.2 of this PUD Guide. 3.1.1.3. The Developer shall be required to document any density transfers at each filing of Final Plat.Any density that is un-assigned to a parcel may be documented as a "density escrow" balance. 3.1.1.4. No PUD Amendment shall be required for density transfers that meet these criteria. The Tree Farm 15 PUD Guide-July,2017 3.2. Lodging Commercial Flex Space 3.2.1. Flex Allocation. A commercial NSF amount of 60,551 is dedicated as a "Flex"allocation. 3.2.2. Flex Use. The Flex allocation shall be dedicated to lodging use,and shall not be converted to other land uses except as provided in Section 3.2.3 below. 3.2.3. Flex Conversion. If any or all of the Flex allocation is not utilized for lodging,the Developer may elect to convert any or all of the 60,551 NSF to residential use, under the following terms: 3.2.3.1. Any residential Flex conversion shall be limited to a maximum of 50 dwelling units. If an amount less than 60,551 NSF is converted to residential use, an average unit size of 1200 NSF shall be used to determine the allowable quantity of dwelling units. 3.2.3.2. Any residential Flex conversion shall provide additional Affordable Housing mitigation in compliance with the Affordable Housing Guidelines at the time of conversion. 3.2.3.3. Any residential Flex conversion shall be processed as a Minor Amendment,as defined in Section 8.9 of this PUD Guide.The Director may elect to call up the matter to the BoCC,to ensure compliance with the approved PUD Guide and the then-current Affordable Housing Guidelines. 3.2.3.4. The Developer shall be required to document any Flex space conversions at each filing of Final Plat, or any applicable amendment to an existing Final Plat. The Tree Farm 16 PUD Guide-July,2017 4. Regulations by Planning Area 4.1. Planning Area 1: Form-Based 4.1.1. Description Planning Area 1 is generally located between the State Highway 82 corridor and Kodiak Ski Lake. Consistent with form-based planning principles,this Planning Area provides a high degree of flexibility in land uses,while maintaining an intentional and distinctive design character of a traditional street pattern,streetscape,and building form. 4.1.2. Building Envelopes All habitable buildings within Planning Area 1 must be located within designated Building Envelopes. 4.1.3. Building Heights 4.1.3.1. Allowable building heights for each parcel are indicated in Table 9.1 Parcel Matrix. 4.1.3.2. For flat roofs, rooftop mechanical equipment and enclosures which are located at least eight(8)feet from any roof edge may exceed the allowable building height, but must not be higher than eight(8)feet above the parapet on the portion of roof upon which they are located. 4.1.3.3. Individual architectural features(such as clock towers,cupolas or similar features) may exceed the allowable building height, but must not be higher than twelve(12)feet above the eave or parapet on the portion of roof upon which they are located. 4.1.3.4. The top floor of any mixed-use or residential building that is more than three (3) stories in height,as measured from the street level,shall be stepped back a minimum of eight(8)feet from any street-facing facade below. 4.1.3.5. For parcels that receive a Density Transfer,the maximum height may be increased on that particular parcel over the allowable building height to account for the increase in density; however no building's height may exceed forty-five (45)feet. 4.1.4. Required Build-To Lines(RBL) Each buildable parcel within Planning Area 1 contains a Required Build-To Line(RBL) as indicated on the Plat,with a required percentage of linear building frontage as indicated in Table 9.1 Parcel Matrix.The design for each habitable building must meet the following conditions of the RBL: 4.1.4.1. Buildings must be built to contact the specified minimum percentage of the RBL per Table 9.1 Parcel Matrix. The Tree Farm 17 PUD Guide-July,2017 For example: 150'RBL length X 70%=105 linear feet of building must contact RBL 4.1.4.2. For building facades that are not parallel to the RBL,the façade may jog but must remain within five(5)feet of the RBL,and may be counted toward meeting the RBL requirement. 4.1.4.3. To encourage dynamic architectural design, periodic building façade undulations of three (3)feet or less in horizontal distance from the RBL may be counted toward meeting the RBL requirement. Façade undulations that meet this condition may count toward up to 50%of the RBL requirement. 4.1.4.4. If multiple parcels are being jointly developed,the cumulative total RBL requirements of the combined parcels may be used to satisfy the required calculations. 4.1.4.5. RBL measurement is linear and made using the ground floor façade. Second stories may count toward up to fifty(50) linear feet of the RBL calculation only to allow for ground floor vehicle or pedestrian pass-throughs. 4.1.4.6. Plans submitted for building permit must show calculations of how RBL requirements are achieved. 4.13. Geotechnical Design All proposed structures shall be designed per site specific geotechnical investigation and design recommendations, including but not limited to foundation design,subsurface drainage design and evaluation of existing groundwater conditions. 4.1.6. Parcel Vehicular Access Vehicular access may be necessary into some buildable parcels within Planning Area 1.The Preliminary Plan shows potential vehicular access locations into some parcels.Vehicular access may be provided at these access locations or other locations for any parcel per the following conditions: 4.1.6.1. No vehicular access may be located within two-hundred (200)feet of the centerline of Willits Lane, as measured along the centerline of Tree Farm Drive to the centerline of the vehicular access. 4.1.6.2. Vehicular accesses must have a minimum twenty-four(24)foot clear driving width,or a twenty-six(26)foot clear driving width if aerial fire apparatus access is required.Vehicular accesses that are intended only for service access(refuse service,delivery,etc.)and are no more than fifty(50)feet in length may have a minimum clear driving width of twelve(12)feet. 4.1.6.3. Vehicular accesses shall have a minimum thirteen and-a-half(13.5)foot vertical clearance,and a radius to the adjoining street that can perform appropriately via demonstrated engineering methodology for fire apparatus,which shall be no less than twenty(20)feet. The Tree Farm 18 PUD Guide-July,2017 4.1.6.4. If a vehicular access impacts on-street parking spaces adjacent to the subject parcel,that parcel must either re-locate those spaces or account for the loss in the calculation of required parking spaces for that parcel. 4.1.6.5. Vehicular accesses shall not be obstructed in any manner at any time. 4.1.7. Street Standards Planning Area 1 shall include three street types in addition to the existing portion of Willits Lane, which provides the primary access from State Highway 82. 4.1.7.1. Urban Collector.This two-way asphalt street type shall have two (2)fourteen and-a-half(14.5)foot wide travel lanes(twenty-nine [29]foot total width,curb face-to-curb face),and both sides of the street shall have a six(6) inch barrier curb. 4.1.7.2. Urban Collector with On-Street Angled Parking.This two-way asphalt street type shall have two(2)thirteen (13)foot wide travel lanes(twenty-six[26]foot total width),angled parking on both sides with an eighteen (18)foot depth perpendicular to the curb, and six(6) inch barrier curbs at both outer parking edges.The total street width including parking shall be sixty-two(62)feet,curb face-to-curb face. 4.1.7.3. Urban Collector with On-Street Angled and Parallel Parking.This two-way asphalt street type shall have two(2)thirteen (13)foot wide travel lanes (twenty-six [26]foot total width), angled parking on one side with an eighteen (18)foot depth perpendicular to the curb, eight(8)foot wide parallel parking on the opposite side, and a six(6) inch barrier curb at both outer parking edges. The total street width including parking shall be fifty-two(52)feet,curb face-to- curb face. 4.1.8. Parking and Loading The developer of each building parcel within Planning Area 1 must meet the parking space requirements based on the intended land use(s)of the parcel per Table 10.1 Parking Requirements.Approximately 450 on-street parking spaces shall be accommodated within Planning Area 1. 4.1.8.1. Parking space requirements may be met through on-street parking, off-street parking,or a combination of both. 4.1.8.2. Parking requirements for each parcel within Planning Area 1 may utilize on- street spaces immediately adjacent to that parcel as counting toward the parking requirement for such parcel; however, such spaces shall not be signed or designated for the exclusive use of any owner or occupant. 4.1.8.3. Any additional parking spaces needed by a parcel's intended land use(s) must be designed and accommodated within the parcel. The Tree Farm 19 PUD Guide-July,2017 4.1.8.4. Where parking is provided, handicap accessible parking spaces shall be provided in compliance with the International Building Code (IBC),at the rates shown in the following table: 3 ._. 1to25 .., .. ., . . ., . . . ., 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2%of total 20, plus one for each 100,or 1,001 and over fraction thereof,over 1,000 4.1.8.5. Handicap accessible spaces shall have a minimum stall width of eight and one- half(8.5)feet with an adjacent access aisle width of five(5)feet. One (1) in every six(6)accessible spaces must be van accessible.Van accessible spaces shall have an adjacent access aisle width of eight(8)feet.Accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance.Accessible parking spaces shall be identified by a sign showing the international symbol of accessibility. 4.1.8.6. Electric vehicle(EV)charging spaces are encouraged to be provided at a rate of at least one(1) per every fifty(50) parking spaces in Planning Area 1. EV charging spaces must include an operable EV charging station and all associated infrastructure,and must be signed as"Reserved Parking, Electric Vehicles Only, 2 Hour Limit". 4.1.8.7. Loading zones shall be allowed in on-street parking spaces from 6am to 10am, so long as such zones are signed at each end as follows: "Loading Zone—No Parking Between Signs from 6am to 10am". No loading zones shall be allowed to occupy any portion of street travel lanes. 4.1.8.8. Loading Zones within individual building parcels must have a minimum width of ten (10)feet and minimum vertical clearance of thirteen and-a-half(13.5)feet. 4.1.8.9. Parcel site plans must demonstrate how parking and loading requirements are achieved. The Tree Farm 20 PUD Guide-July,2017 4.1.9. Parking Structures 4.1.9.1. Below-grade parking structures are allowed in buildable parcels within Planning • Area 1. Below-grade parking structures shall not count toward the allowable total NSF of the parcel. 4.1.9.2. Above-grade parking structures are allowed in buildable parcels within Planning Area 1,so long as all other requirements of these regulations are met.Any exposed façade of above-grade parking structures shall be designed in an architecturally appealing manner.Above-grade parking structures shall be set back a minimum of four(4)feet from any parcel boundary, and shall not count toward the allowable total NSF of the parcel. 4.1.10. Architectural Regulations 4.1.10.1. Commercial first floor elevations shall be a maximum of six(6) inches above the sidewalk finished grade. Deviations from this standard may be allowed if there is a demonstrated need. 4.1.10.2. Residential first floor elevations shall be a minimum of eighteen (18) inches above the sidewalk finished grade. Deviations from this standard may be allowed if there is a demonstrated need. ' 4.1.10.3. Balconies, roof projections,and stoops shall be allowed to encroach beyond the building envelope by up to four(4)feet and must remain within the parcel. 4.1.10.4. First floor canopies and awnings shall be allowed to extend beyond the building envelope so long as such encroachments do not encumber other uses or compromise safety.Such encroachments may also extend beyond the parcel boundary only into"N" numbered Tracts,or"0" numbered Open Space parcels, only if approved in writing by the owner of the land on which the encroachment occurs. 4.1.10.5. Commercial first floor fenestration shall be sixty(60)to ninety(90)percent of each first floor facade area. 4.1.10.6. Commercial upper floor fenestration shall be thirty(30)to ninety(90) percent of each upper floor facade area. 4.1.10.7. Residential fenestration shall be thirty(30)to sixty(60) percent of each façade area of any given floor. 4.1.10.8. Roofing materials shall be non-reflective. 4.1.10.9. Window glazing shall not result in excessive glare or reflection. The Tree Farm 21 PUD Guide-July,2017 4.1.11. Efficient Building To encourage cost-effective and sustainable site planning and building methods,each habitable building within Planning Area 1 must meet certain minimum standards for Efficient Building.The systematic basis for rating a building's efficiency shall be based on Eagle County's"ECOBUILD" program as it existed in June 2014. The ECOBUILD program requires each building project to achieve a minimum number of scored points. Habitable buildings within The Tree Farm PUD shall utilize the same process and methodology for scoring, however the points required for The Tree Farm PUD will be higher than the minimum standards set by Eagle County. 4.1.11.1. For residential duplex or townhome construction in Planning Area 1, projects shall meet the minimums for The Tree Farm PUD as follows: Y - " ,. tn. ., } r s 7r}gy p V nAPit f * � �� 0-2000 40 points 60 points 2001-3000 45 points 67 points 3001-4000 50 points 75 points 4.1.11.2. For commercial or multi-family residential construction in Planning Area 1, projects shall meet the minimums for The Tree Farm PUD as follows: e 70 points 105 points 4.1.11.3. All other regulations of the ECOBUILD program shall apply. The Tree Farm 22 PUD Guide-July,2017 4.1.12. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 1 per the following regulations: 4.1.12.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.1.12.2. On pitched roofs,solar collection systems shall not cover more than eighty(80) percent of the roof upon which the system is mounted,shall be set back from roof peaks/eaves/valleys a minimum of three (3)feet,and shall not be more than two(2)feet higher than any portion of the roof upon which the system is mounted. 4.1.12.3. On flat roofs,solar collection systems shall not cover more than eighty(80) percent of the roof upon which the system is mounted,shall be set back from the roof edge a minimum of eight(8)feet, and shall not be higher than eight(8) feet above the portion of roof upon which it is located. 4.1.12.4. Small individual pole-mounted solar energy systems shall not exceed ten (10) square feet in collection area. 4.1.13. No Wood Burning Appliances Indoor wood burning appliances are prohibited within the PUD. 4.1.14. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 1. 4.1.14.1. Plant species, minimum spacing,and minimum sizes at installation shall comply with the requirements contained in The Tree Farm Design Guidelines. 4.1.14.2. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn,open space areas,or seeded areas,which may be spray irrigated.All irrigation systems are required to be equipped with an automatic rain sensor or other moisture sensing device. 4.1.14.3. A minimum of six(6)trees,three (3)for each side of the street shall be planted for every one-hundred twenty(120)feet of any street as measured along the street centerline,except where tree planting would conflict with site conditions such as Clear Vision Areas, retaining walls, steep slopes,and existing trees. 4.1.14.4. At street intersections a Clear Vision Area with no obstructions shall be maintained extending thirty-five(35)feet back from each street corner,and to a height of eight(8)feet. Pedestrian crosswalks not located at street intersections shall have a thirty-five(35)foot wide Clear Vision Area,centered on the The Tree Farm 23 PUD Guide-July,2017 crosswalk and extending back twenty(20)feet from the face of curb. Clear Vision Areas shall be clearly defined and labeled on landscape plans. 4.1.14.5. A minimum five (5)foot-wide and eight(8)foot tall clear zone shall be maintained in all pedestrian areas. 4.1.14.6. Where trees are planted in impervious paving, metal forty-two(42) inch square tree vaults and tree grates shall be required. 4.1.14.7. Raised foundation planters are required along 60%of each building facade. Raised foundation planters shall be a minimum of three (3)feet wide and six(6) inches but not more than eighteen (18) inches tall as measured from the adjacent finished grade.The raised foundation planter requirement shall be waived for those portions of building frontage which are adjacent to open space parcels. 4.1.14.8. All off-street parking areas containing ten (10)or more spaces,except for parking structures,shall provide the following forms of landscaping: 4.1.14.8.1. There shall be a minimum five (5)foot wide planting strip provided between parking and all parcel lines.A minimum of one(1)tree shall be planted for every thirty-eight(38) linear feet of the planting strip,except where conflicting conditions occur. 4.1.14.8.2. One(1) planting island a minimum of five(5)feet wide shall be provided for every ten (10) parking spaces,shall be dispersed throughout the parking area and each shall be planted with a minimum of one(1)tree. 4.1.14.8.3. Where tandem rows of parking are planned, rows shall be separated by a minimum five(5)foot wide planting strip. 4.1.14.9. Pedestrian plazas shall be provided where open space is located between buildings and shall also be provided in Parcel 0-2 in the area between the A- numbered parcels and the lake. Plaza landscaping shall be more formally designed,with considerations for geometry,shade, and site furnishings,such as bike racks, benches,seat walls,and banner poles.Surface treatments shall be predominantly concrete, unit pavers or natural stone;asphalt and soft surface treatments,such as gravel,are prohibited. 4.1.14.10. Naturalized open space shall be treated with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views.The primary ground cover in naturalized areas shall be native and/or drought tolerant low-grow grasses. 4.1.14.11. A continuous lakeside pedestrian trail shall be provided along the entire length of the lake within parcels 0-2 and 0-4, shall be a minimum of twelve(12)feet wide, and shall be a hard all weather surface such as concrete, unit pavers, or similar.Asphalt,gravel or other soft surfaces are not permitted. Existing trees may be removed to accommodate the trail and to enhance views to the lake, and shall be noted on plans. 4.1.14.12. A continuous landscape strip shall be provided between any street and the lakeside pedestrian trail,except where pedestrian connections are made. The Tree Farm 24 PUD Guide-July,2017 4.1.14.13. Pedestrian access ways shall be provided to,from,and/or through certain parcels within Planning Area 1 as follows: 1) Parcels D-3/D-4 and D-5/D-6; and 2) Parcels F-1 and F-2. Pedestrian access ways shall be a minimum six(6)foot wide hard all weather surface such as concrete, unit pavers, or similar(not asphalt). 4.1.14.14. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.1.15. Bicycle Parking 4.1.15.1. Short-Term Bicycle Parking. Each parcel containing a habitable building within Planning Area 1 shall provide a minimum of one(1)short-term bicycle parking area.Short-term bicycle parking areas are intended to offer a convenient and accessible area to park bicycles for customers and other visitors.They shall include bicycle racks which permit the locking of the bicycle frame and one wheel to the rack and which support the bicycle in a stable position without damage to wheels,frame or components.Short-term bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists. 4.1.15.2. Long-Term Bicycle Parking. Each letter group of parcels(i.e.,A, B, C...)within Planning Area 1 shall provide a minimum of one(1) long-term bicycle parking area. Long-term bicycle parking areas should provide a secure and weather protected place to park bicycles for employees, residents,commuters and other visitors who generally stay at a site for several hours.These facilities shall protect the entire bicycle, its components and accessories against inclement weather. The Tree Farm 25 PUD Guide-July,2017 4.1.16. Sign Regulations 4.1.16.1. Sign Approval Process.All signs in Planning Area 1(except exempt signs) require a sign permit per the Eagle County Land Use Regulations. 4.1.16.2. Exempt Signs.Signs that do not require a County Sign Permit include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30)days. 4.1.16.3. Identification Sign. Planning Area 1 shall be allotted three (3)wall,freestanding or monument identification signs with a maximum area of twenty(20)square feet per sign. 4.1.16.4. Address Numbers.Address numbers are required,shall be no more than six(6) inches measured vertically, and shall be attached to the building in proximity to the principal entrance.Address numbers may be externally illuminated. 4.1.16.5. Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.1.16.6. Location.When possible,exterior signs shall be located at the same height on buildings within the same block face.Signs should be consistent with the color, scale,and design of the building.The location of a sign on a building shall correspond with the interior tenant space associated with the sign. 4.1.16.7. Lettering. No lettering on any sign shall exceed twelve(12)inches in height, except that the first letter in each word shall not exceed eighteen (18) inches in height. 4.1.16.8. Blade Signs. One blade sign for each business entrance may be permanently installed perpendicular to the façade near the business entrance. Blade signs shall not exceed a total of six(6)square feet,shall not protrude more than four (4)feet from the façade, and shall clear eight(8)feet above sidewalks or other finished grade. Blade signs may encroach beyond building envelopes by up to four(4)feet. 4.1.16.9. Horizontal Band Signs.A single external permanent horizontal band sign may be applied to the facade of each first floor business, provided that such sign not exceed eighteen (18) inches in height by twelve(12)feet in width. Businesses The Tree Farm 26 PUD Guide-July,2017 that occupy more than one facade may apply one sign band on each facade,up to two (2)total sign bands. 4.1.16.10. Vertical Band Signs.Two(2)external permanent vertical band signs may be applied to the facade of each individual building, providing that such sign not exceed eighteen (18) inches in width by twelve (12)feet in height, and no more than one (1)vertical sign band shall be applied to any one (1)facade. 4.1.16.11. Awning Signs. One (1)awning sign for each business may be installed on an awning near the business entrance.Awning signs shall not exceed a total of six (6)square feet,and lettering may not exceed ten (10) inches in height.Awning signs may not extend beyond the outer-most dimensions of the awning,and shall be compliant with all other awning regulations. 4.1.16.12. Freestanding Signs. One(1)freestanding sign may be installed at ground level within each buildable parcel,with a maximum sign area of sixteen(16)square feet and a maximum height of four(4)feet above ground level. 4.1.16.13. Trail Waypoint Signs.An unlimited number of trail waypoint signs may be installed,with a maximum sign area of one(1)square foot and a maximum height of four(4)feet above ground level. 4.1.16.14. Window Signs. For commercial businesses,window signs shall be allowed to occupy no more than twenty(20) percent of the total window area on which they are located. 4.1.16.15. Size Limitations for Combined Parcels.The combination of two (2)or more parcels shall not permit the increase of any sign size limitations. 4.1.16.16. Maintenance.All signs shall be maintained in an attractive and safe manner. 4.1.16.17. Prohibited Signs. -Internally illuminated signs. -Permanent inflatable signs used for commercial purposes. -Billboards and other off-premise signs. -Signs which create sound,flash, move, rotate,scintillate, blink,flicker, vary in intensity,vary in color or use intermittent electrical pulsations. -Moving or variable message signs. -Neon and neon-appearing signs. -Portable and wheeled signs(except sandwich board signs). -Roof signs. -Search lights or beacons. -Signs causing direct glare. -Signs obstructing ingress or egress from a building. -Signs on parked vehicles. -Televisions or other electronic monitors. -Unsafe signs. -Obscene signs. The Tree Farm 27 PUD Guide-July,2017 4.1.17. Exterior Lighting Regulations 4.1.17.1. Exterior lighting shall not cast glare directly onto adjacent properties, create a nuisance,or cause hazards to motorists or bicyclists. 4.1.17.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff), except as in exemptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.1.17.3. Lighting that is exempt from this regulation: -Exit signs and other illumination required by building codes. -Lighting for stairs and ramps, as required by building codes. -String lighting used for outdoor restaurant dining -Holiday and temporary lighting(less than thirty days use in any one year). -Low voltage landscape lighting, but such lighting should be shielded in such a way as to eliminate glare and light trespass. 4.1.17.4. Exterior lighting(except sign lighting)shall be sixteen (16)feet or less above finished grade in height. 4.1.17.5. Pole mounted fixtures shall be no less than fifty(50)feet apart and are limited to two (2) light sources per pole. 4.1.17.6. Blinking,flashing, moving, revolving, scintillating,flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays. 4.1.17.7. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.1.17.8. Timer controlled flood lights shall be prohibited. 4.1.17.9. An exterior lighting plan shall be submitted in conjunction with an application for building permit. The Tree Farm 28 PUD Guide-July,2017 4.2. Planning Area 2: Form-Based 4.2.1. Description Planning Area 2 is generally located at the northeast end of Kodiak Ski Lake.This Planning Area provides a moderate degree of flexibility in land uses,while maintaining a more rural design aesthetic. 4.2.2. Building Envelopes All habitable buildings within Planning Area 2 must be located within designated Building Envelopes. 4.2.3. Building Heights Allowable building heights for each parcel are indicated in Table 9.1 Parcel Matrix. For Planning Area 2,the maximum allowable building height is twenty-eight(28)feet. 4.2.4. Geotechnical Design All proposed structures shall be designed per site specific geotechnical investigation and design recommendations, including but not limited to foundation design,subsurface drainage design and evaluation of existing groundwater conditions. 4.2.5. Driveway Access Driveway access may be provided from the street into each lot in Planning Area 2. Driveways shall adhere to the following regulations: 4.2.5.1. Driveways shall have a maximum width of twenty-four(24)feet. Driveways that are intended only for service access(refuse service, delivery,etc.) and are no more than fifty(50)feet in length may have a minimum clear driving width of ten (10)feet. 4.2.5.2. Driveways shall have a maximum gradient of six(6) percent. 4.2.5.3. Driveways shall have a minimum thirteen and-a-half(13.5)foot vertical clearance. 4.2.5.4. Driveways in Planning Area 2 shall not be obstructed in any manner at any time. 4.2.6. Street Standards Planning Area 2 shall include one street type as follows: 4.2.6.1. Urban Residential.This two-way asphalt street type shall have two(2)twelve (12)foot wide travel lanes,and both sides of the street shall have a three (3) inch mountable curb. The Tree Farm 29 PUD Guide-July,2017 4.2.7. Parking The developer of each building parcel within Planning Area 2 must meet the parking space requirements based on the intended land use(s)of the parcel per Table 10.1 Parking Requirements. 4.2.7.1. Parking space requirements must be provided by off-street parking,completely within building parcels. 4.2.7.2. Where parking is provided, handicap accessible parking spaces shall be provided in compliance with the International Building Code (IBC), at the rates shown in the following table: a' ` a i t"'a�" � � l t, 4!,4Z‘tatattlaft.A6;,V 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2%of total 20, plus one for each 100, or 1,001 and over fraction thereof,over 1,000 4.2.7.3. Handicap accessible spaces shall have a minimum stall width of eight and one- half(8.5)feet with an adjacent access aisle width of five(5)feet. One (1) in every six(6)accessible spaces must be van accessible.Van accessible spaces shall have an adjacent access aisle width of eight(8)feet.Accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance.Accessible parking spaces shall be identified by a sign showing the international symbol of accessibility. 4.2.7.4. Loading Zones within individual building parcels must have a minimum width of ten (10)feet and minimum vertical clearance of thirteen and-a-half(13.5)feet. 4.2.7.5. Parcel site plans must demonstrate how parking and loading requirements are achieved. 4.2.8. Parking Structures 4.2.8.1. Below-grade parking structures are allowed in buildable parcels within Planning Area 2. Below-grade parking structures shall not count toward the allowable total NSF of the parcel. The Tree Farm 30 PUD Guide-July,2017 4.2.8.2. Above-grade parking structures are allowed in buildable parcels within Planning Area 2,so long as all other requirements of these regulations are met.Any exposed facade of above-grade parking structures shall be designed in an architecturally appealing manner.Above-grade parking structures shall be set back a minimum of four(4)feet from any parcel boundary,and shall not count toward the allowable total NSF of the parcel. 4.2.9. Architectural Regulations 4.2.9.1. Porches, balconies, decks, roof projections,and stoops shall be allowed to encroach beyond the building envelope by up to five(5)feet and must remain within the parcel. 4.2.9.2. First floor canopies and awnings shall be allowed to extend beyond the building envelope by up to five (5)feet and must remain within the parcel, so long as such encroachments do not encumber other uses or compromise safety. 4.2.9.3. Roofing materials shall be non-reflective. 4.2.9.4. Window glazing shall not result in excessive glare or reflection. 4.2.9.5. Exterior building colors shall blend with the natural environment. 4.2.10. Efficient Building To encourage cost-effective and sustainable site planning and building methods, each habitable building within Planning Area 2 must meet certain minimum standards for Efficient Building.The systematic basis for rating a building's efficiency shall be based on Eagle County's"ECOBUILD" program as it existed in June 2014. The ECOBUILD program requires each building project to achieve a minimum number of scored points. Habitable buildings within The Tree Farm PUD shall utilize the same process and methodology for scoring, however the points required for The Tree Farm PUD will be higher than the minimum standards set by Eagle County. 4.2.10.1. For residential duplex or townhome construction in Planning Area 2, projects shall meet the minimums for The Tree Farm PUD as follows: ' l4 ):4 ' �MTI° s 0-2000 40 points 60 points 2001-3000 45 points 67 points 3001-4000 50 points 75 points The Tree Farm 31 PUD Guide-July,2017 4.2.10.2. For commercial or multi-family residential construction in Planning Area 2, projects shall meet the minimums for The Tree Farm PUD as follows: 70 points 105 points 4.2.10.3. All other regulations of the ECOBUILD program shall apply. 4.2.11. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 2 per the following regulations: 4.2.11.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.2.11.2. Roof mounted solar collection systems shall be in alignment with roof slopes on pitched roofs,shall not cover more than eighty(80) percent of the pitched or flat roof upon which the system is mounted,shall be set back from roof peaks/eaves/valleys a minimum of three(3)feet,and shall not be more than one (1)foot higher than any portion of the roof upon which the system is mounted. 4.2.11.3. Ground or pole-mounted solar energy systems shall not exceed one-hundred (100)square feet in collection area or exceed eight(8)feet in height,and must be located to the side or rear of the principle structure's front facade. 4.2.11.4. One(1)wind energy collection system may be installed within each buildable parcel,shall have a maximum rotor diameter of four(4)feet,and shall be mounted on the primary structure not more than eight(8)feet higher than the portion of the structure on which it is mounted. 4.2.12. No Wood Burning Appliances Indoor wood burning appliances are prohibited within the PUD. 4.2.13. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 2. 4.2.13.1. Plant species, minimum spacing, and minimum sizes at installation shall comply with the requirements contained in The Tree Farm Design Guidelines. 4.2.13.2. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn,open space areas,or seeded areas,which may be spray irrigated.All irrigation The Tree Farm 32 PUD Guide-July,2017 systems are required to be equipped with an automatic rain sensor or other moisture sensing device. 4.2.13.3. At driveway intersections a Clear Vision Area with no obstructions shall be maintained extending thirty-five(35)feet back from each corner, and to a height of eight(8)feet. Clear Vision Areas shall be clearly defined and labeled on landscape plans. 4.2.13.4. A minimum five (5)foot-wide and eight(8)foot tall clear zone shall be maintained in all pedestrian areas. 4.2.13.5. Naturalized open space shall be treated with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views.The primary ground cover in naturalized areas shall be native and/or drought tolerant low-grow grasses. 4.2.13.6. A trail segment shall be provided as a continuation of the lakeside trail through Parcel 0-7 around the north end of Kodiak Ski Lake,connecting Parcel 0-2 with Parcel 0-6.This trail segment shall be eight(8)feet in width and shall be • concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.2.13.7. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.2.14. Sign Regulations 4.2.14.1. Sign Approval Process.All signs in Planning Area 2 (except exempt signs) require a sign permit per the Eagle County Land Use Regulations. 4.2.14.2. Exempt Signs.Signs that do not require a County Sign Permit include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30)days. 4.2.14.3. Identification Sign. Planning Area 2 shall be allotted one(1)wall,freestanding or monument identification sign with a maximum area of sixteen (16) square feet per sign. 4.2.14.4. Address Numbers.Address numbers are required,shall be no more than six(6) inches measured vertically,and shall be attached to the building in proximity to the principal entrance.Address numbers may be externally illuminated. The Tree Farm 33 PUD Guide-July,2017 4.2.14.5. Lettering. No lettering on any sign shall exceed twelve(12)inches in height, except that the first letter in each word shall not exceed eighteen (18) inches in height. 4.2.14.6. Blade Signs. One blade sign for each business entrance may be permanently installed perpendicular to the façade near the business entrance. Blade signs shall not exceed a total of six(6)square feet,shall not protrude more than four (4)feet from the façade,and shall clear eight(8)feet above sidewalks or other finished grade. Blade signs may encroach beyond building envelopes by up to four(4)feet. 4.2.14.7. Horizontal Band Signs.A single external permanent horizontal band sign may be applied to the facade of each first floor business, provided that such sign not exceed eighteen (18) inches in height by twelve (12)feet in width. 4.2.14.8. Freestanding Signs. One(1)freestanding sign may be installed at ground level within each buildable parcel,with a maximum sign area of sixteen (16)square feet and a maximum height of four(4)feet above ground level. 4.2.14.9. Trail Waypoint Signs.An unlimited number of trail waypoint signs may be installed,with a maximum sign area of one(1)square foot and a maximum height of four(4)feet above ground level. 4.2.14.10. Window Signs. For commercial businesses,window signs shall be allowed to occupy no more than twenty(20) percent of the total window area on which they are located. 4.2.14.11. Illumination. Illumination of signs shall be designed, located, directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.2.14.12. Maintenance.All signs shall be maintained in an attractive and safe manner. 4.2.14.13. Prohibited Signs. -Internally illuminated signs. -Permanent inflatable signs used for commercial purposes. -Billboards and other off-premise signs. -Signs which create sound,flash, move, rotate,scintillate, blink,flicker, vary in intensity,vary in color or use intermittent electrical pulsations. -Moving or variable message signs. -Neon and neon-appearing signs. -Portable and wheeled signs(except sandwich board signs). -Roof signs. -Search lights or beacons. -Signs causing direct glare. -Signs obstructing ingress or egress from a building. -Signs on parked vehicles. -Televisions or other electronic monitors. The Tree Farm 34 PUD Guide-July,2017 -Unsafe signs. -Obscene signs. 4.2.15. Exterior Lighting Regulations 4.2.15.1. Exterior lighting shall not cast glare directly onto adjacent properties,create a nuisance, or cause hazards to motorists or bicyclists. 4.2.15.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff). Light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.2.15.3. Exterior lighting shall be twelve(12)feet or less above finished grade in height. 4.2.15.4. Pole mounted fixtures shall be no less than fifty(50)feet apart, are limited to two(2) light sources per pole,and may not exceed fourteen (14)feet in height. 4.2.15.5. Blinking,flashing, moving, revolving,scintillating,flickering,changing intensity and changing color lights shall be prohibited, except for temporary holiday displays of up to thirty(30)days. 4.2.15.6. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.2.15.7. Timer controlled flood lights shall be prohibited. 4.2.15.8. Exterior lighting shall be shown on plans submitted for building permit. The Tree Farm 35 PUD Guide-July,2017 4.3. Planning Area 3 (a & b): Park&Open Space 4.3.1. Description Planning Area 3 consists of two non-adjacent areas(3a &3b)generally located to the east(3a) and south (3b)of Kodiak Ski Lake.This Planning Area is intended to accommodate a variety of park, recreational and open space uses. 4.3.2. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 3 per the following regulations: 4.3.2.1. Energy collection systems shall be intended primarily to reduce on-site consumption of utility power. 4.3.2.2. Ground or pole-mounted solar energy systems shall not exceed fifty(50) kilowatts in rated size. 4.3.2.3. One(1) pole-mounted wind energy collection system may be installed within each parcel and shall have a maximum rotor diameter of six(6)feet. 4.3.3. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 3. 4.3.3.1. Trees shall be planted in clusters to highlight views,screen other uses,and break-up open space areas.The primary ground cover shall be native and/or drought tolerant low-grow grasses. Pedestrian access ways/points into the open space areas shall be indicated with more formal plantings,such as deciduous tree rows and shrub beds. 4.3.3.2. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn,open space areas,or seeded areas,which may be spray irrigated.All irrigation systems are required to be equipped with an automatic rain sensor,or other moisture sensing device. 4.3.3.3. Parcel 0-6 is designated as a park and shall be more formally developed than the naturalized open space areas within Planning Area 3.Community gardens shall be included within the park parcel.The community garden area shall be fully enclosed with a deer-proof fence.A playground ("tot lot") encompassing equipment suitable for children 3-12 years old shall be provided in the park,and an open turf area shall be provided for informal active recreational uses. Adequate vegetative screening shall be provided between the park and Parcel L- 1. 4.3.3.4. A trail segment shall be provided as a continuation of the lakeside trail through Parcel 0-6,connecting Parcel 0-7 with Parcel 0-1.This trail segment shall be The Tree Farm 36 PUD Guide-July,2017 eight (8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.3.3.5. A trail segment shall be provided through Parcel 0-5 between Kodiak Drive and the Lakeside Trail in Parcel 0-4.This trail segment shall be a minimum of twelve (12)feet in width and shall be a hard, all weather surface,such as concrete, unit pavers,or similar.Asphalt,gravel or other soft surfaces are not permitted. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.3.3.6. A trail segment shall be provided as a continuation of the lakeside trail through Parcel 0-5,connecting Parcel 0-4 with Parcel 0-1 around the south end of Kodiak Ski Lake.This trail segment shall be eight(8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. 4.3.3.7. Other trails within Planning Area 3 may be provided for pedestrian access and for the enjoyment of open spaces. 4.3.3.8. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.3.4. Sign Regulations 4.3.4.1. Sign Approval Process.All signs in Planning Area 3 (except exempt signs) require approval from The Tree Farm Design Review Board. 4.3.4.2. Exempt Signs.Signs that do not require Design Review Board approval include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30)days. 4.3.4.3. Identification Sign. Planning Area 3 shall be allotted one (1)wall,freestanding or monument identification sign with a maximum area of sixteen (16)square feet per sign. 4.3.4.4. Freestanding and Fence Signs.Two(2)freestanding or fence-mounted identification signs may be installed within Planning Area 3,with a maximum The Tree Farm 37 PUD Guide-July,2017 sign area of six(6)square feet and a maximum height of four(4)feet above ground level. 4.3.4.5. Interpretive and Trail Waypoint Signs.An unlimited number of interpretive and trail waypoint signs may be installed, with a maximum sign area of one(1) square foot and a maximum height of four(4)feet above ground level. 4.3.4.6. Illumination. Illumination of signs shall be designed, located,directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.3.4.7. Maintenance.All signs shall be maintained in an attractive and safe manner. 4.3.5. Exterior Lighting Regulations 4.3.5.1. Exterior lighting shall not cast glare directly onto adjacent properties, create a nuisance,or cause hazards to motorists or bicyclists. 4.3.5.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff). Light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.3.5.3. Landscape&pathway lighting shall be four(4)feet or less above finished grade in height. 4.3.5.4. Pole mounted fixtures shall be no less than seventy-five(75)feet apart, are limited to two(2) light sources per pole,and may not exceed fourteen (14)feet in height. 4.3.5.5. Blinking,flashing, moving, revolving, scintillating,flickering,changing intensity and changing color lights shall be prohibited. 4.3.5.6. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.3.5.7. Timer controlled flood lights shall be prohibited. 4.3.5.8. Exterior lighting shall be shown on plans submitted for building permit. The Tree Farm 38 PUD Guide-July,2017 4.4. Planning Area 4: Recreational 4.4.1. Description Planning Area 4 consists of the Kodiak Ski Lake and the associated ski club parcel. Parcel L-1 contains an existing recreational building of approximately 1800 NSF which shall not count toward the allowable total NSF for that parcel.This Planning Area is intended to accommodate a variety of recreational and open space uses. 4.4.2. Building Envelopes All buildings within Planning Area 4 must be located within designated Building Envelopes. 4.4.3. Building Heights 4.4.3.1. Allowable building heights for each parcel are indicated in Table 9.1 Parcel Matrix. For Planning Area 4,the maximum allowable building height is twenty- eight(28)feet. 4.4.4. Geotechnical Design All proposed structures shall be designed per site specific geotechnical investigation and design recommendations, including but not limited to foundation design,subsurface drainage design and evaluation of existing groundwater conditions. 4.4.5. Driveway Access 4.4.5.1. One(1)driveway access may be provided into parcel L-1. 4.4.5.2. The driveway shall have a maximum width of twenty-four(24)feet. 4.4.5.3. No driveway access is allowed into parcel 0-1. 4.4.6. Parking Development within Planning Area 4 must meet the parking space requirements per Table 10.1 Parking_Requirements. 4.4.6.1. Parking space requirements must be provided by off-street parking. 4.4.6.2. Site plans for building permits must demonstrate how parking requirements are achieved. 4.4.7. Architectural Regulations 4.4.7.1. Roofing materials shall be non-reflective. 4.4.7.2. Window glazing shall not result in excessive glare or reflection. The Tree Farm 39 PUD Guide-July,2017 4.4.8. Energy Collection Systems Energy collection systems shall be allowed within Planning Area 4 per the following regulations: 4.4.8.1. Energy collection systems shall be intended primarily to reduce on-site • consumption of utility power. 4.4.8.2. Roof mounted solar collection systems shall not cover more than eighty(80) percent of the pitched or flat roof upon which the system is mounted,shall be set back from roof peaks/eaves/valleys a minimum of three (3)feet,and shall not be more than two(2)feet higher than any portion of the roof upon which the system is mounted. 4.4.8.3. Ground or pole-mounted solar energy systems shall not exceed one-hundred (100)square feet in collection area or exceed eight(8)feet in height. 4.4.8.4. One(1)wind energy collection system may be installed within each buildable parcel,shall have a maximum rotor diameter of four(4)feet,and shall be mounted on the primary structure not more than eight(8)feet higher than the portion of the structure on which it is mounted. 4.4.9. No Wood Burning Appliances Indoor wood burning appliances are prohibited within the PUD. 4.4.10. Landscaping and Trails The purpose of this Section is to establish standards for landscaping that shall ensure a safe, attractive and cohesive landscape aesthetic within Planning Area 4. 4.4.10.1. Adequate screening shall be provided between any ski club buildings and the adjacent park and open spaces.Screening shall consist of a mix of evergreen and deciduous trees planted in a naturalized row so as to form a more or less continuous screen. 4.4.10.2. Landscaping within Planning Area 4 can take any form so long as the proposed design does not conflict with site conditions or uses. 4.4.10.3. All irrigation shall be provided by raw water delivery system and all irrigation components shall be compatible with the raw water delivery system. Drip or bubbler type irrigation is required for all landscaping except for lawn,open space areas, or seeded areas,which may be spray irrigated.All irrigation systems are required to be equipped with an automatic rain sensor or other moisture sensing device. 4.4.10.4. A trail segment shall be provided through Parcel 0-1 along the east side of Kodiak Ski Lake between Parcel 0-5 and Parcel 0-6 as a continuation of the lakeside trail.This trail segment shall be eight(8)feet in width and shall be concrete or asphalt with weed barrier underlay. Planting along this trail shall be naturalized with informal groupings of native and/or drought tolerant plants arranged to break up open expanses and frame or screen views. The Tree Farm 40 PUD Guide-July,2017 4.4.10.5. All landscape plans shall meet the minimum requirements of The Tree Farm Design Guidelines. 4.4.11. Sign Regulations 4.4.11.1. Sign Approval Process.All signs in Planning Area 4(except exempt signs) require a sign permit per the Eagle County Land Use Regulations. 4.4.11.2. Exempt Signs.Signs that do not require a County Sign Permit include: -Signs required by law. -Street signs and traffic signs. -Addresses. -Official or public notices. -Emergency or hazard signs. -Flags. -Religious emblems. -Temporary signs no larger than six(6) square feet for no longer than thirty(30) days. 4.4.11.3. Identification Sign. Planning Area 4 shall be allotted one(1)wall,freestanding or monument identification sign with a maximum area of twelve (12) square feet. 4.4.11.4. Address Numbers.Address numbers are required,shall be no more than six(6) inches measured vertically, and shall be attached to the building in proximity to the principal entrance.Address numbers may be externally illuminated. 4.4.11.5. Illumination. Illumination of signs shall be designed, located,directed and shielded in such a manner that the light source is fixed and is not directly visible from and does not cast glare or direct light upon any adjacent property, public right-of-way, motorist's or bicyclist's vision. Backlit signs are permitted, provided that the emitted light does not create excess glare or light trespass onto other properties. 4.4.11.6. Freestanding and Fence Signs. One (1)freestanding or fence-mounted sign may be installed within each buildable parcel,with a maximum sign area of eight(8) square feet and a maximum height of six(6)feet above ground level. 4.4.11.7. Interpretive and Trail Waypoint Signs.An unlimited number of interpretive and trail waypoint signs may be installed, with a maximum sign area of one(1) square foot and a maximum height of four(4)feet above ground level. 4.4.11.8. Maintenance.All signs shall be maintained in an attractive and safe manner. The Tree Farm 41 PUD Guide-July,2017 4.4.12. Exterior Lighting Regulations 4.4.12.1. Exterior lighting shall not cast glare directly onto adjacent properties,create a nuisance, or cause hazards to motorists or bicyclists. 4.4.12.2. All exterior lighting installations shall be designed and installed to be fully shielded (full cutoff). Light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. 4.4.12.3. Exterior lighting shall be twelve(12)feet or less above finished grade in height. 4.4.12.4. Pole mounted fixtures shall be no less than seventy-five(75)feet apart, are limited to two(2) light sources per pole,and may not exceed fourteen (14)feet in height. 4.4.12.5. Blinking,flashing, moving, revolving,scintillating,flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays of up to thirty(30) days. 4.4.12.6. Mercury vapor and low-pressure-sodium lighting shall be prohibited. 4.4.12.7. Timer controlled flood lights shall be prohibited. 4.4.12.8. Exterior lighting shall be shown on plans submitted for building permit. The Tree Farm 42 PUD Guide-July,2017 5. Alternative Energy Production 5.1. Solar Electricity Provision The Tree Farm PUD Developer or an Association shall provide a minimum of 200 kW(kilowatts) of solar electric panels for the benefit of habitable buildings within the PUD.The solar electric panels may be located on-site within the PUD,or off-site.The electricity production of the solar electric panels shall be credited against the electricity costs of buildings within the PUD. The solar electric panels shall be provided proportionally with development such that at full build-out of the PUD all 200 kW have been provided.An Association of the PUD shall be responsible for ensuring that a reasonable and fair mechanism is utilized for monitoring solar electric production and issuing energy credits. The Tree Farm 43 PUD Guide-July,2017 6. Affordable Housing Plan 6.1. Calculation for 25%of the Total Residential Units The maximum number of dwelling units within The Tree Farm PUD is 340*—this is a maximum quantity and could be less depending on market conditions at the time of development. 340 total dwelling units x 25%=85 units (*Subject to the provisions and allowances of Section 3.2 of this PUD Guide.) 6.2. Additional Unit Mitigation The mitigation for the adjacent Lane Family Conservation Subdivision is one(1)Affordable Housing Unit,which is included within this Affordable Housing Plan. 6.3. Affordable Housing Provided Affordable Housing shall be provided in two general types; Price Capped and Resident Occupied. The Tree Farm PUD will provide the following Affordable Housing types and quantities: ', "hP a v;sea' . t 11 t �� ,4 1 Affordable Rental Housing 25 80% Within first 142,000 residential NSF. Affordable Rental Housing 15 100% Price Capped For Sale Housing 5 100% Proportionally with remainder of development upon completion of Price Capped For Sale Housing 5 140% Affordable Rental Housing. Resident Occupied For Sale 150 Proportionally with overall Housing (estimated) n/a development. *Pricing for rentals and initial sales shall be determined by the Eagle County Affordable Housing Guidelines per the AMl Pricing levels indicated in this table. The Tree Farm 44 PUD Guide-July,2017 6.3.1. Price Capped The Price Capped Affordable Housing units shall be a spectrum of types and sizes and shall be consistent with market rate units and market demand.A conceptual unit breakdown is as follows, but shall be subject to market conditions and demand at the time of permitting: Price Capped Affordable Housing Unit Distribution :t..„ca ti+-1 e>l, Studio Units Rental 10% 5 1 Bedroom Units Rental 30% 15 2 Bedroom Units Rental & For Sale 50% 25 3 Bedroom Units For Sale 10% 5 Maximum monthly rental rates and sales prices shall be based on Area Median Income as determined by the Eagle County Affordable Housing Guidelines at the time of rental or sale. For affordable rentals,all ongoing fees required to be paid by a resident(including but not limited to utilities and mandatory parking fees) must be included within the Maximum Monthly Rental Rate. 6.3.2. Resident Occupied Each non-Price Capped For Sale Housing unit shall have a Resident Occupied deed restriction that meets the requirements of Section 3.1.2 of the Eagle County Affordable Housing Guidelines:Administrative Procedures dated July 17, 2016,with the following additional and modified terms: 6.3.2.1. Eligible Households. For the first 60 days of listing,all Resident Occupied for sale units will be offered exclusively for sale to Eligible Households,as defined in the Eagle County Affordable Housing Guidelines:Administrative Procedures. 6.3.2.2. Non-Eligible Households.After the first 60 days of listing, if a Resident Occupied for sale unit is sold to a Non-Eligible Household:the Non-Eligible Household must pay a transfer fee of 1.0%to the Eagle County Housing and Development Authority. 6.4. Location of Price Capped Affordable Housing The Price Capped Affordable Housing Units shall be located within Planning Area 1 of the PUD. The Tree Farm 45 PUD Guide-July,2017 6.5. Development Schedule of Price Capped Affordable Housing The Affordable Rental Housing units and Price Capped For Sale Housing units shall be provided within the PUD per the following development schedule: For the first 142,000 NSF of residential development: The completion and issuance of Certificates of Occupancy for the first 142,000 NSF of residential development within the PUD shall be inclusive of the issuance of Certificates of Occupancy for forty (40) Affordable Rental Housing units, at the pricing levels and sizes identified in this Affordable Housing Plan. No building permits for additional residential NSF in excess of 142,000 shall be issued until the issuance of Certificates of Occupancy for these Affordable Rental Housing units. For each of the next four(4)segments of 74,438 NSF of total development: Following completion and issuance of Certificates of Occupancy of each of the next four (4) segments of 74,438 NSF of total development within the PUD, no building permits for additional NSF shall be issued until the issuance of Certificates of Occupancy for two (2) Price Capped For Sale Housing units per segment, at the pricing levels and sizes identified in this Affordable Housing Plan. Upon the completion of these four (4) segments of 74,438 NSF of total development(equaling 297,752 NSF),a total of eight(8) Price Capped For Sale Housing units shall be provided. For the final 74,438 NSF of total development: Concurrently and proportionally with the completion and issuance of Certificates of Occupancy for the final 74,438 NSF of total development within the PUD,the Developer shall provide the final two (2) Price Capped For Sale Housing units, at the pricing levels and sizes identified in this Affordable Housing Plan. 6.6. Marketing of Affordable Housing The Affordable Housing units will be marketed to Eligible Households within the Roaring Fork Valley. 6.7. Eligibility for Affordable Housing Eligibility for Affordable Housing shall be determined by the Eagle County Affordable Housing Guidelines, as may be amended from time to time. Eligible Households must be given priority for Affordable Housing units,excepting sales to Non-Eligible Households per Section 6.3.2.2., or unless prohibited by other funding sources (HUD,CHFA,etc.). Households must meet all other requirements of the deed restriction.The owner/manager of any Affordable Housing units must document how eligibility was confirmed and must keep a record of any documents supporting the eligibility determination. The Tree Farm 46 PUD Guide-July,2017 6.8. Prohibition of Short Term Rentals The Short Term Rental of any residential dwelling unit is prohibited within The Tree Farm PUD.A Short Term Rental is defined as the renting out of any residential dwelling unit for a period of less than thirty(30)consecutive days. 6.9. Other Public Affordable Housing Opportunities For the initial sale of each non-Price Capped For Sale Housing unit in the PUD,the Developer shall extend a First Right of Offer to Eagle County,for a period not to exceed ten (10)days prior to formally listing such units for sale.This provision is intended to allow Eagle County the opportunity to purchase units for the sole purpose of adding to the County's affordable housing stock. Following completion of required affordable housing within The Tree Farm PUD in accordance with foregoing provisions of this PUD Guide, Eagle County and the Town of Basalt will be given a reasonable opportunity to make an offer for the purchase from the Developer of unsold land within Planning Area 1 that the Developer determines is available for development of additional affordable housing. If Eagle County and the Town of Basalt express no interest in purchasing such unsold land for affordable housing purposes,then the Developer will consider offers made by other governmental entities for the purchase of such unsold land. Nothing in this section will be construed as requiring the Developer to sell any land for the development of additional affordable housing at less than fair market value or to set aside any land for the development of additional affordable housing. The Tree Farm 47 PUD Guide-July,2017 7. Real Estate Transfer Assessment (RETA) The Developer will record a covenant against the PUD (the "RETA Covenant") in the real property records of Eagle County for the purpose of imposing a Real Estate Transfer Assessment(RETA)that will have the following basic elements: 7.1. Basic Concept;Separate from 1%Transfer Fee The RETA be charged in the amount of 1%of the gross sales price paid by any purchaser of a vacant parcel or lot,commercial building or commercial condominium unit in the PUD. Initial sales by Woody Ventures, LLC will be subject to the RETA.The RETA will be payable at the closing of each applicable sale.The RETA is separate from the 1% real estate transfer fee that will apply exclusively to the sale of Resident Occupied for sale housing units to Non-Eligible Households as provided in Section 6.3.2.2. of this PUD Guide. 7.2. Exemptions The following transactions will be excluded from the RETA: 7.2.1. Governmental Entities Any purchase by any County, Municipality,School District, Housing Authority or other governmental entity for affordable housing purposes will be exempt from the RETA. 7.2.2. Transfers for No Consideration Each transfer of a parcel, lot or unit for no consideration (e.g.,a transfer by reason of death, a gift for no consideration other than love and affection, a charitable donation, a transfer among affiliated entities where no purchase price is paid,etc.)will be exempt from the RETA. 7.3. Commercial Transactions Commercial sales transactions will be subject to the RETA. Commercial transactions would include sales of vacant land, sales of commercial buildings,sales of commercial condominium units,and sales of rental apartment projects. Importantly, even if a rental apartment project includes some Affordable Rental Housing(as defined in the Housing Guidelines),the sale of the project would still be considered a commercial transaction subject to the RETA. 7.4. Responsible Party/Enforcement The obligation to pay the RETA will be the legal responsibility of the purchaser in each applicable transaction (though the parties in any transaction may agree separately to adjust the economic effect of the RETA through closing adjustments).The RETA will constitute a lien for the benefit of the County upon the parcel, lot or unit that is sold until it is paid. The Tree Farm 48 PUD Guide-July,2017 7.5. Payee of the RETA • The RETA will be payable directly to Eagle County or any specific department of Eagle County designated from time to time by the BoCC in its discretion. 7.6. Administration of the RETA Eagle County will be the beneficiary of the RETA Covenant and will have responsibility for administering collection of the RETA and qualifying any proposed exempt transactions.The RETA Covenant will include as Exhibits form documents to be used by the parties in each transaction for the purpose of remitting the RETA payments to the County or applying for an exemption from the RETA.The County, in the discretion of the BoCC,will have the right to engage a third-party to administer the RETA on behalf of the County. 7.7. Use of the RETA Revenues Subject to the request in Section 7.8 below,the RETA Covenant will provide that the RETA revenues may be used by Eagle County for any public purpose(s) permitted to be undertaken by a statutory County under the general laws of the State of Colorado.The BoCC will have the right in its discretion to vary or change the County's use of the RETA revenues from time to time.The specific uses of the RETA will not be prescribed in the RETA Covenant itself. 7.8. Preference for Use of RETA Revenues Though it is ultimately up to the BoCC,Woody Ventures, LLC respectfully requests that the BoCC consider providing in the RETA Covenant that the RETA revenues will be directed primarily toward projects or services within the Roaring Fork Valley. The Tree Farm 49 PUD Guide-July,2017 8. Administration 8.1. Covenants The PUD will be governed by a Master Declaration of Protective Covenants and potentially supplemental declarations for specific areas of the PUD(collectively,the"Declarations").The Declarations will establish a master owners Association for the PUD,to be known as The Tree Farm Master Association,and may also establish sub-Associations for different areas of the PUD(each an "Association").The Associations will be formed and operated in accordance with the Colorado Common Interest Ownership Act,subject to any permitted exemptions under such Act. It is also anticipated that one or more metropolitan districts will be established for the PUD pursuant to Title 32 of the Colorado Revised Statutes(each a "District").As permitted by Colorado law,the Associations and/or a District may have authority to enforce the terms of the Declarations. Initially,the Declarations shall be effective only as to those parcels within the PUD which have been platted (the"Platted Area").The balance of the PUD will be identified in the Declarations as "expansion area"which will be annexed into the applicable Declaration as parcels are added to the Platted Area.The applicable Declaration will be amended to incorporate additions to the Platted Area as a part of the plat amendment process. The Declarations will contain terms in compliance with Colorado law governing how the responsibility for each Association's expenses are allocated among the Parcels within the Platted Area of the PUD in the form of assessments. 8.2. Maintenance of Common Elements A District will be responsible for maintaining, repairing, replacing and improving the public streets, trails, parks, recreation areas,associated landscaping,water mains,sewer mains and other public infrastructure within the PUD. Expenses that benefit more than one Parcel but that are not eligible for payment by a District will be paid for by an Association and will be funded through Association assessments as described in Section 7.1, above. Maintenance responsibility for parking lots, landscaping and infrastructure which services a single Parcel will be the obligation of the owner of that Parcel.An Association will have the right, but not the obligation,to maintain the improvements which service a single Parcel at the cost of the Parcel owner;such Association will have a right to impose an additional fee for carrying out these functions and to bill the owner for all such costs. 8.3. Association Management Each Association may designate a property management firm to carry out its duties under its Declaration. Designation of a professional manager will not excuse the Association for its responsibilities arising under the Declaration. Each Association will be established as a nonprofit corporation under Colorado law and will comply with the Colorado Common Interest Ownership Act with regard to handling of funds,the election of the executive board, and the transition of control of the executive board from the Developer to the non-developer owners. The Tree Farm 50 PUD Guide-July,2017 8.4. Association Insurance Each Association will be required to purchase all property and liability insurance required by the Colorado Common Interest Ownership Act and may acquire any additional insurance deemed necessary or advisable by the entity's Board of Directors.The individual Parcel owners will be responsible for protecting themselves against property damage or loss,and liability arising from their ownership of a Parcel. 8.5. Association Dispute Resolution Each Association will develop rules and regulations which clearly establish a framework for the orderly use of common elements and the exercise of each owner's right to use its Parcel. In the event of an alleged breach of those rules and regulations,or a purported violation of the Declaration, in most cases the Association will be required to give the alleged violator notice of the infraction and a prompt opportunity to give an explanation of why he,she or it should not be held in violation. Standards will be established in the Declaration or Association rules which will insure the alleged violator receives a fair hearing and resulting decision by the Association. Neither the Association nor the alleged violator will be permitted to utilize the court system until this "due process procedure" has been completed.This procedure will not be required in cases involving an imminent threat to public safety,damage to the common elements and other exceptions to be identified in the Declaration. 8.6. Voting Rights Voting rights of the Parcel owners in the affairs of the each Association will be allocated among owners as described in the applicable Declaration.Those allocations may not provide an equal vote to each Parcel owner within the PUD. Owners of Parcels may have varying rights to vote in the Association's decisions depending on the question at issue;the Declaration may reserve a decision on particular questions or classes of questions to the Parcel owners who will be affected by the decision,as described in the Declaration. 8.7. Special Taxing District Compliance Each District will comply with the requirements of Title 32 of the Colorado Revised Statutes. The Tree Farm 51 PUD Guide-July,2017 8.8. Kodiak Lake Management Plan The Tree Farm Master Association shall develop and maintain a Management Plan for Kodiak Lake, which shall address the following items in detail: 8.8.1. Lake Hours of Operation 8.8.1.1. Non-motorized hours of operation; 8.8.1.2. Motorized hours of operation. 8.8.2. Allowable Noise Levels 8.8.2.1. Utilizing a maximum dBa threshold as measured from any point along the lakeside pedestrian pathway. 8.8.3. Allowable Use of Lake 8.8.3.1. Membership use; 8.8.3.2. Classes; 8.8.3.3. Special events, such as HOA-sponsored events and/or competitive athletic events; 8.8.3.4. Other uses to be defined. 8.8.4. Special Events 8.8.4.1. Allowed number of attendees; 8.8.4.2. Parking plan requirements; 8.8.4.3. Adequate facilities(i.e. refuse,sanitation); 8.8.4.4. Acceptable event hours/duration. 8.8.5. Mass Gatherings As allowed only by Limited Review in Section 2.3 of this PUD Guide, and as defined by the ECLUR, Mass Gatherings means entertainment, recreation, religion,athletic and similar activities having a reasonable expected attendance of five hundred or more(500+) persons. 8.8.6. Water Safety,Awareness and Education The Tree Farm 52 PUD Guide-July,2017 8.9. Modifications to this PUD Guide This PUD Guide is intended to promote the orderly and compatible development of the property, while remaining somewhat flexible to allow for market changes and design innovations as the project progresses through its operational life cycle. From time to time,some modifications to this PUD Guide and PUD plans may be necessary,and proposed modifications shall be considered according to the provisions of this section. 8.9.1. Minor Amendments 8.9.1.1. Minor Amendments are specific changes to the PUD that do not significantly alter the overall design concept, character and intent of the PUD. Minor amendments include but are not limited to: minor changes in internal road alignments; building envelopes; required build-to lines; parcel boundaries; Planning Area boundaries;trail alignments; easement alignments; landscaping; and land uses that do not alter the overall character of the PUD.Text changes to this document that are intended to provide clarity,correct conflicts, or that consider prior oversights shall also be considered Minor Amendments. 8.9.1.2. Minor Amendments shall be processed under the authority of the Eagle County Planning Director.The Director may approve a Minor Amendment if it is found to be generally consistent with the overall character and intent of the PUD and to not negatively impact adjacent properties or land uses.Appeals from any decision of the Director shall be governed by Section 5-2400 of the ECLUR as it may be amended from time to time. 8.9.2. Major Amendments 8.9.2.1. Major Amendments are specific changes to the PUD that, as reasonably determined by the Director,significantly alter the overall design concept, character and intent of the PUD. Major amendments include but are not limited to major changes in: road alignments;connections to external roads; parcel locations; Planning Areas;and land uses. 8.9.2.2. Major Amendments shall be processed as an Amendment to Preliminary Plan for PUD per Section 5-240.F.3.m. of the ECLUR, as it may be amended from time to time. Appeals of any decision made by Eagle County in connection with a request for a Major Amendment of the PUD shall be subject to the applicable provisions of Colorado law. The Tree Farm 53 PUD Guide-July,2017 9. Parcel Matrix Table 9.1 Parcel Matrix Farm-Based Parcels A-1 1 8,964 0.21 90% 6,580 28 10,627 5,313 5 A-2 1 5,750 0.13 90% 4,854 28 7,839 3,920 4 A-3 1 4,687 0.11 90% 3,369 28 5,441 2,720 2 A-4 1 5,927 0.14 90% 4,944 28 7,985 3,992 4 0-1 1 5,886 0.14 90% 3,942 28 6,366 3,183 3 8-2 1 10,690 0.25 90% 8,628 37 19,801 12,871 12 B-3 1 15,735 0.36 70% 11,369 37 23,193 15,075 13 C-1 1 20,167 0.46 80% 15,066 28 8,964 0 0 D-1 1 40,131 0.92 70% 32,300 45 27,455 17,846 16 0-2 1 41,031 0.94 70% 33,200 45 28,220 18,343 16 0-3 1 13,955 0.32 90% 12,832 37 29,449 19,142 17 0-4 1 13,986 0.32 90% 12,864 37 29,523 19,190 17 0-S 1 13,955 0.32 90% 12,832 37 29,449 19,142 17 D-6 1 15,481 0.36 90% 14,296 37 32,809 21,326 19 E-1 1 6,927 0.16 90% 5,824 28 8,911 4,455 4 E-2 1 6,692 0.15 90% 5,622 28 8,602 4,301 4 E-3 1 25,806 0.59 90% 23,993 37 42,493 27,620 25 F-1 1 54,494 1.25 70% 52,798 37 67,317 67,317 60 F-2 1 89,412 2.05 70% 85,711 37 109,281 109,281 98 6-1 2 18,653 0.43 N/A 10,814 28 9,192 4,596 4 Recreational Parcel 1-1 4 29,703 0.68 N/A 27,408 28 1,275 N/A 0 Tracts N-1 1 34,095 0.78 N/A N/A N/A N/A N/A 0 N-2 1 97,507 2.24 N/A N/A N/A N/A N/A 0 N-3 © 52,825 1.21 N/A N/A N/A N/A N/A 0 N-4 1 74,624 1.71 N/A N/A N/A N/A N/A 0 N-S 1 161,520 3.71 N/A N/A N/A N/A N/A 0 N-6 2 20,932 0.48 N/A N/A N/A N/A N/A 0 N-7 3 12,351 0.28 N/A N/A N/A 1=2M N/A 0 Open Space Parcels 0-1 4 596,572 13.70 N/A N/A N/A N/A N/A 0 0-2 1 50,479 1.16 N/A N/A N/A N/A N/A 0 0-3 1 7,529 0.17 N/A N/A N/A N/A N/A 0 0-4 1 88,534 2.03 N/A N/A N/A N/A N/A 0 0-5 3 121,434 2.79 N/A N/A N/A N/A N/A 0 0-6 3 65,580 1.51 N/A N/A N/A N/A N/A 0 0-7 2 16,976 0.39 N/A N/A N/A N/A N/A 0 0-8 2 20,049 0.46 N/A N/A N/A N/A N/A 0 The Tree Farm 54 PUD Guide-July,2017 10. Parking Requirements Table Table 10.1 Parking Requirements LAND USE PARKING SPACE REQUIREMENT AREA Multi-Family Dwelling Unit: studio 1 1 space per dwelling unit* Multi-Family Dwelling Unit: 1 bedroom 1 1.4 spaces per dwelling unit* Multi-Family Dwelling Unit: 2 bedrooms 1 1.75 spaces per dwelling unit* Multi-Family Dwelling Unit: 3 bedrooms 1 2 spaces per dwelling unit* Multi-Family Dwelling Unit: 4 or more bedrooms 1 3 spaces per dwelling unit Multi-Family Dwelling Unit: studio or 1 bedroom 2 2 spaces per dwelling unit Multi-Family Dwelling Unit: 2-3 bedrooms 2 2.5 spaces per dwelling unit Multi-Family Dwelling Unit: 4 or more bedrooms 2 3 spaces per dwelling unit Multi-Housekeeping Dwelling Unit ALL 1 space per bedroom Lodging(including hotel,motel, lodge, boarding house and similar uses) ALL 1 space per sleeping room Retail,Service Commercial and Office ALL 1 space per 250 SF of net floor area** Restaurant and Tavern ALL 1 space per every 4 seats 1 space per 100 SF of floor area used for seating Auditorium and Public Assembly Areas ALL or assembly Public Facilities and Health Facilities ALL 1 space per 300 SF of floor area Manufacturing Establishment ALL 1 space per 1000 SF of floor area Wholesale Establishment ALL 1 space per 2000 SF of floor area * For parking rates on Multi-Family Dwelling Units in Planning Area 1(PA 1): Prior to issuance of a building permit which would result in construction of more than 55%of total allowable dwelling units,the Developer shall provide to Eagle County a parking rate study of the previously constructed units to determine total parking utilization. If the study determines that the built and/or planned parking supply is inadequate,the Developer shall be required to provide additional parking management strategies acceptable to the County Engineer,and/or provide additional parking to accommodate the projected parking demand prior to building permit issuance. Eagle County may require a follow-up study prior to issuance of a building permit which would result in construction of more than 75%of total allowable dwelling units,to verify that the parking supply is adequate prior to build-out of the remaining allowable dwelling units.The parking rate study shall be conducted at full and/or normal residential occupancy,and shall be coordinated with the County Engineering Department regarding timing and methodology. The purpose of the parking rate study is to validate the appropriateness of the Multi-Family residential parking rates as listed in the table above,and to make parking rate adjustments for Multi-Family Units as necessary. **Net floor areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes,exclusive of any area dedicated to foyers,bathrooms,stairways,circulation corridors, mechanical areas and storage areas. The Tree Farm 55 PUD Guide-July,2017 11. Definitions AFFORDABLE HOUSING—Shall mean any dwelling unit that is deed restricted in perpetuity per the requirements of Eagle County. ASSOCIATION—Shall mean any governing Association of the PUD as described in the Administration section of this PUD. BUILDABLE PARCEL—Means those parcels or lots containing Building Envelopes. BUILDING ENVELOPE—Means a defined portion of a lot or parcel within which all habitable buildings shall be confined. Example Building Envelope-Plan Diagram -LOT LINE BUILDING ENVELOPE \ \ 4 A\ . PUBLIC SIDEWALK iu m+. . :,--^ ca rs„ ,s .: 1 L '--. -'' .-: ''*,;.--z'f.,.-'- *';-:'::. 4'1,4' 17.: I. .--;-:•-•"- -- . - I �,''.?x. ' ,z�r,.t-"' ,xsa � a 'ac.7.....-s ,'�.'v se, 1 au',:... 4aC3'� `..a ��" i+N � .,as}.:� BUILDING HEIGHT- Measured as the maximum height of any building from finished grade to the highest point of the roof peak or parapet wall above that grade location. Example Building Height—Section Diagrams MAXIMUM . w , - ' BUILDING '" „, *' MAXIMUM HEIGHT =� r BUILDING HEIGHT FINISHED FINISHED FINISHED ' GRADE GRADE GRADE t "''''` \ im. ., :'1'u. `,,.w. .: �:,u....2:.,.».. sta; wr. FINISHED GRADE SLOPE COUNTY—Shall mean Eagle County, Colorado. DENSITY TRANSFER—Shall mean the re-assigning of allowable residential dwelling units, residential square footage, or commercial square footage to other parcels within the PUD. DESIGN GUIDELINES—Shall mean The Tree Farm Design Guidelines, as administered by The Tree Farm Design Review Board. The Tree Farm 56 PUD Guide-July,2017 a DESIGN REVIEW BOARD (DRB)—Shall mean The Tree Farm Design Review Board. DEVELOPER—Shall mean Woody Ventures, LLC, a Colorado limited liability company,or any assignee of Woody Ventures, LLC pursuant to the following provisions of this definition.Woody Ventures, LLC or any subsequent holder of the Developer status under this PUD Guide may assign the Developer status in whole or in part with respect to the entire Tree Farm PUD or any Parcel within The Tree Farm PUD to any person or entity that acquires ownership of either such existing Developer's remaining unsold interest in The Tree Farm PUD or the particular Parcel for which the Developer status is being assigned. Any such assignment must be executed by the then-existing Developer and the new Developer and must be recorded in the real estate records of the County to be effective. In addition,the new Developer must agree in such assignment to assume all of the Developer obligations with respect to the Developer rights being assigned to such new Developer.The Developer status may also be collaterally assigned as security for an obligation. ECLUR—Shall mean the Eagle County Land Use Regulations. FIRST RIGHT OF OFFER—Means the right to make an offer for the purchase of a subject unit at the purchase price for which such unit will be listed for sale prior to the sale or listing for sale of such unit to any other party. HABITABLE BUILDING—Means any structure,whether of commercial or residential use,that is designed for human occupation per applicable building codes. HERS—Shall mean the Home Energy Rating System,an industry standard by which a home's energy efficiency is measured. LOT(or PARCEL)—Shall mean any portion of land within the PUD which is shown on any recorded plat and which may be sold or conveyed without violation of the provisions of Colorado law pertaining to the subdivision of land. NET SQUARE FEET(NSF)-A calculation based on interior area that is measured from the interior walls, including all interior partitions, habitable basements, interior storage areas, closets and laundry areas. Such calculations shall not include mechanical areas,exterior storage,stairwells,garages, patios, balconies, decks,and porches. The Tree Farm 57 PUD Guide-July,2017 • PLANNING AREA—Shall mean a defined geographical area within the PUD with similar land uses and regulatory standards. The Tree Farm PUD-Planning Area Map 1 �, —m4,. .ar N , .,-- as. -.: a�'�`��s5 ft "`� 3 �" i^ v FY..:? s.v3"+st ih h.*r rt 0,---,1-x--....? s ' 0 o #s ` a * ca"tnirtingrit F-r� px ' ,:'*{tea.-, PUD—Shall mean The Tree Farm Planned Unit Development. PUD GUIDE—Shall mean this document that sets forth a comprehensive framework of standards, restrictions and regulations which govern development and land use within The Tree Farm Planned Unit Development. REQUIRED BUILD-TO LINE(RBL)—Means a defined vertical plane with which the exterior wall of a building is required to coincide. Minor deviations from the required build-to line for such architectural features as weather protection, recesses, niches,ornamental projections,entrance bays,or other articulations of the facade may be permitted per this PUD Guide. Example Required Build-To Line(RBL)—Section Diagram REQUIRED BUILD-TO-LINE (bukfmg must coincide ` - • with RBL per PUD Gtr) LOT LINE e SHORT TERM RENTAL-The renting out of any residential dwelling unit for a period of less than thirty (30) consecutive days. SOLAR ENERGY COLLECTION SYSTEM—A solar photovoltaic cell, panel,or array, or solar hot air or water collector device,which relies upon solar radiation as an energy source for collection, inversion,storage, and distribution of solar energy for electricity generation or transfer of stored heat. WIND ENERGY COLLECTION SYSTEM—A wind energy conversion system consisting of a wind turbine, mounting pole or tower,and associated control or conversion electronics. The Tree Farm 58 PUD Guide-July,2017 12. PUD Guide Execution IN WITNESS WHEREOF, Eagle County and the Developer have executed this PUD Guide as of date effective: ) , tGi 1--'D 11 BOARD OF COUNTY COMMISIONERS OF EAGLE COUNTY COLORADO /s/ yi/ , Ad, '/e CHAIRMAN oho co ATTEST: S /s/ cotoaPe z_4`� �'��'��' , CLERK& RECORDER — • WOODY VENTURES, LLC By: Name: David L. Marrs Its: Manager(General Manager) By: : �, — Name: Andrew N. Lane Its: Manager(Investment Manager) The Tree Farm 59 PUD Guide-July,2017 EXHIBIT C INFRASTRUCTURE PHASING PLAN 13 x it ot,91, ,,:;::;.:,,,,,,,,'::".:1,,,,,,,,:,,,,,,,,'',,,,,,,,,,,,,,':',:i;:,;,':;:;::,:,,,,,,,,,,,',..,,I,,,, "met i w, Tfto ' ow. w? x a ll ut�J E.t i ;i Y � �v� l 4 (7,� 1 ....(ID * [ '': .. tu 11 i ' 9 r CICI iw i�; ! N y # ICI or ;'i i gc �i 1k,N.i.N.q �3N�t 11. 7C f� Rte .� pyi , C ek' r 3 4' i, 1 0 b �„,. ,, o tS ?: E y, ` N ''''' ' '''''*‘';, , ,,. l': ,,,, 1 tit t`° . ;N EXHIBIT D SCHOOL DISTRICT SITE MAP 14 Mk <' ,' .. .r! y f y.• \ N I :' ■ i s `. L. N •. I r ^ ,SFr, ±n. \ ^N M r .: ' ew n•. � \ A 4ob ` ` 40 ^ 3 • lu1 • ? wntks L ne = ' . I. l . ukt -ke 111���O .. 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