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Home My WebLink AboutR92-043 zone district amendment for Faith Partnersy Commissioner W d'. moved adoption of the following Reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 43 IN RE THE MATTER OF THE APPLICATION OF FAITH PARTNERS For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the COTTONWOOD PLANNED UNIT DEVELOPMENT FILE NO: PD- 296 -91 -P WHEREAS, on or about September 26, 1991, the County of Eagle, State of Colorado, accepted for filing an application submitted by Faith Partners, by D. Charles Merryweather (herein- after "Applicant ") for approval of a Zone District Amendment and the Planned Unit Development Preliminary Plan for the Cottonwood Planned Unit Development, File No. PD- 296 -91 -P, for the parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the applicant requested the approval of a Planned Unit development (PUD) Preliminary Plan as described in a nine - sheet set of drawings titled "Cottonwood Preliminary Plan," by Alpine Engineering, dated September 12, 1991, and received by Eagle County Department of Community Development on January 14, 1992, and approved by the Board of County Commissioners (herein- after "the Board ") on January 14, 1992; and as further described in the Cottonwood Planned Unit Development, PUD Guide, dated January 13, 1992, and received by Eagle County Department of Community Development January 13, 1992, and approved by the Board on January 14, 1992; and WHEREAS, public hearings were held by the Board on Novem- ber 26, 1991, and January 14, 1992, and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: I. Proper publication and public notice required by law for the hearing before th and the Board of County Commissioners. 473923 B -577 P -811 04,,"16,192 13'.:53 PG 1 OF .IC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO was provided as e Planning Commission REC DOC 0.00 0.00 c I C) II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Cottonwood PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Cottonwood Sketch Plan and conditions of approval., (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. Cn (c) The reports on file pertaining to geologic, soils, N wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. +W III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Edwards Sub -Area Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the Edwards area and to the County generally.' QJ 3. To have minimized any negative effects on the '-a social and natural environment. Q 3 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes ade- quate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventila- tion, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other develop- ment in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. OPC (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing. (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. IV. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25o Minimum) The provision of open space and park areas total 25% of the site area. When combined with the golf course, the total amount of open space exceeds 600 of the land area. (b) Residential density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) The density of uses other than residential is appropri- ate after consideration of the Master Plan and indiv- idual characteristics of the subject land. (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. 4 - ., Ln Ca -3- C3 The applicant has provided for employee housing needs. The residential uses allowed in Tract X should encour- age owner occupied affordable housing and be limited to townhomes, condominiums and clustered single - family and duplex structures. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The EIR submitted is adequate. r 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amend- ments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the Edwards Sub -Area Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; and the advantages of the use requested outweigh the disad- vantages. (b) conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. -4- C� (f) Minimum Area v The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and N maintenance of common open space and private roads, drives and parking. (h) Employee Housing C3 The applicant has provided for employee housing needs. The residential uses allowed in Tract X should encour- age owner occupied affordable housing and be limited to townhomes, condominiums and clustered single - family and duplex structures. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The EIR submitted is adequate. r 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amend- ments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the Edwards Sub -Area Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; and the advantages of the use requested outweigh the disad- vantages. (b) conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. -4- Cl C, 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Cottonwood Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of 848 dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Cottonwood Planned Unit Development PUD Guide, dated January 13, 1992, attached as Exhibit B. The conditions which must be met prior to Final Plat approval are as follows: 1. A detailed site plan shall be submitted with the initial Final Plat for each of the multiple family tracts. 2. The initial Final Plat for Tract X shall dedicate a 20- foot multiple use trail easement as depicted on the Preliminary Plan. The public improvement drawings submitted with the initial final plat shall include detailed construction plans for the bike path and multiple use trail depicted on the Trail Plan. 3. At the time of the initial Final Plat for Tract X, Tract Z shall be platted and dedicated to the appropriate public entity or quasi - public /non - profit entity or land conservancy. 4. A safety fence shall be constructed between the railroad tracks and Tract X. The design and cost estimates shall be submitted with the initial Final Plat for Tract X. The fence shall be constructed prior to the issuance of a temporary certificate of occupancy for units on Tract X. 5. The Final Plats for Tract X shall include landscape standards for each lot and common areas being platted. The intent of the landscape standard is to "soften" the visual impact and to establish ground cover. The landscaping for the separately platted common areas shall be collateralized through a subdivision improvements agreement at the time the common area is platted. Conformance with the landscape standards for each lot shall be reviewed as part of the building permit application. The landscaping for each lot shall be collateralized prior to issuance of a building permit through a "construction improvements agreement." r c; Ln C, I -5- 6. Unnecessary existing platted rights -of -way and ease- ments must be vacated in accordance with the applicable sections of the Eagle County Land Use Regulations at the time of platting. 7. The bridge over the Eagle River must be upgraded to withstand HS -20 -44 highway loading and accommodate pedestrians and bicyclists prior to the issuance of a Temporary Certificate of Occupancy for any units in Tract X. 8. The east and south sides of the golf maintenance facility shall be earth integrated (bermed) and land- scaped to screen the facility from the golf course and I -70. 9. The applicant shall provide for a qualified archaeol- ogist on site for archaeological monitoring of earth - moving activities during construction of the golf course. 10. The applicant shall enter into a wildlife mitigation agreement with the Colorado Division of Wildlife that is consistent with the Preliminary Plan submittal and updated in a memorandum to Bill Andree, CDOW, from Rick Thompson, Wildlife Biologist representing Faith Part- ners, dated December 12, 1991. The agreement shall be subject to Eagle County review to determine compliance with the Preliminary Plan prior to issuance of a Final Plat for the Cottonwood PUD. 11. The applicant shall work with the staff and the Eagle County School District to dedicate appropriate acreage or cash for a school site prior to issuance of a Final Plat. 12. Prior to Final Plat approval, the applicant shall provide a written agreement with the Edwards Metropol- itan District which includes an unconditional commit- ment to provide domestic water. THAT, The Cottonwood Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24 -68 -101, et seq THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. Ln N s C C., 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 Commis- sioners of the unty of Eagle, State of Colorado, at its meeting C held the day of March, 1992, nunc pro tunc the 14th day of January, 1992. T: erk to the Boara o unty Commissioners COUNTY OF EAGLE, STATE OF COLD , by and Through Its BOA OF COUNTY COMMISSIONERS li EF �E. s�� r Geor e A Gat s, Commissioner Do a We ch, Comm'ssioner Commissioner 0 ,*"T--- S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald Donald H. Welch �-- This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 47J923 B -577 P -811 04/16/'92 132 53 #92- FAG 7 OF 30 -7- L` C� EXHIBIT A (Cottonwood PUD) :NORTH PARCEL DESCRIPTION Those portions of SW 1/4 NE i /4, SE 1/4 NW 1/4, SE 1, E 1/2 SW 1/4 and the Lots numbered 3 and 4 of Section 31, and the W 1/2 SW 1/4 of Section 32, Township 4 South, Range 82 West of the Sixth Principal Meridian lving north of the northerly right -of -way line j of Interstate Highway No. 70, together with Lots 1 -B, 2, 3, 4 and Parcels 2 -A and 3 -A, South Scottsville, according to the map recorded in Book 306 at Page 421, in the office of the Eagle Countv, Colorado, Clerk and Recorder, said properties being described as a whole as follows: Beginning at the west 1/4 corner of said Section 31; thence N89 °45' 24 "E 1507.30 feet, along the north line of said Lot 3 of Section 31, to the W 1/16 corner of said Section 31; thence N00 °35'43 "E 1367.65 feet, along the west line of said SE 1/4 NW 1/4 Section 31, to the NW 1/16 corner of said Section 31; thence S88 °47'29 "E 1351.70 feet, along the north line of said SE 1/4 NW 1/4, to the V 1/16 corner of said Section 31; thence N89 °38'39 "E 1350.80 feet along the north line of said SW 1/4 NE 1/4 Section 31, to the NE 1/16 corner of said Section 31; thence S00 1 45'33 "W 1336.'24 feet, along the east line of said SW 1/4 NE 1/4, to the E 1/16 corner of said Section 31; thence N89 1 45'35 "E 1348.54 feet, along the north line of the NE 1/4 SE 1/4 of said Section 31, to the common 1/4 corner of said Sections 31 and 32; thence S89 0 43'25 "E 1352.07 feet along the north line of the \TW 1/4 SW 1/4 of said Section 32; thence S00 °55'50 "W 1336.53 feet, along the east line of said NW 1/4 SW 1/4, to the SW 1/16 corner of said Section U_ 32, said SW 1/16 corner also being the northwest corner of said Lot 4, South Scottsville; thence S39 1 46'19 "E 442.37 feet, along the northerly line of both the SE 1/4 SW 1/4 of said Section 32 and QL said Luts 4 and 3, South Scottsville; thence, departing the northerly_ line of said SE 1/4 SW 1/4, the following three (3) courses along the northerly line of said Lots 3 and 2, South �0 Scottsville: (1) S10 11 25'44 "W 14.37 feet; (2) S89 °47'16 "E 566.60 U ;; feet ; (3) L4 .27 feet along the arc of a curve to the right, having r� a radius of 1028.91 feet, a central angle of 00 0 47'41 ", and a chord which bears N11'35'32 "E 14.27 feet, to the north line of said SE 1/4 SW 1/4; thence, S89 0 46'20 "E 2.81 feet along the northerly line of' both the said SE 1/4 SW 1/4 and said Lot 2, to the northeast corner of said Lot 2; thence S00 "57' 48 "W 780.87 feet, along the east line of said Lot 2, to the northwest corner of said Lot 1 -B; thence, departing the east line of said Lot 2, S71 0 41'37 "E 353.28 feet, along the northerly line of said Lot 1 -B, to a point on the east line of both said SE 1/4 SW 1/4 and said Lot 1 -B; thence, alone said east line, :300 1 58'44 "W 81.20 feet, to the Interstate Highway No. 70 access Road right -of -way line; thence, departing said east line, the following four (4) courses along said right - E of -tiaay line: (1) 215.60 feet along the arc of a curve to the right, having a radius of 133.60 feet, a central angle of 92 0 27'50 ", and a chord which bears 177 0 08'50 "W 192.96 feet; (2) S59 70.00 feet; (3) 281.20 feet along the arc of a curve to the left, having a radius of 203.60 feet, a central angle of 79 ", and a chord which bears S70 0 28'55 "E 259.38 feet; (4) N62 0 03'05 "E 2.68 feet, to (Cottonwood PUD) the east line c?f both said SE 1/4 SW 1/4 and said Lot 1 -B; thence, departing said right-)f -way line, S00 °58'44 "W 97.06 feet, along said east line, to the northerly right -cif -way line of Interstate Highwav No. 70; thence the following eighteen (18) courses along said northerly_ right -of -way line: (1) N62 °40'55 "W 299.09 feet; (2) N'45 "W 313.20 feet; (3) N62 0 55'18 "W 170.01 feet; (4) N72-13'55 "W 629.59 feet; (5) N87 0 45'46 "W 766.11 feet; (6) 374 0 32'15 "W 846.22 feet; (7) 487.94 feet along the arc of a curve to the right, having a radius of 2141.80 feet, a central angle of 13 °03'11 ", and a chord which bears S83 "W 486.89 feet; (8) N80 0 16'25 "W 478.41 feet; (9) N74 °1837 "W 288.40 feet; (10) N73 '2 383.52 feet; (11) N65 0 47'37 "W 202.25 feet; (12) N73 0 05'51 "W 699.18 feet; (13) N46 0 32'40 "W 223.42 feet; (14) N73 0 01'57 "W 467.50 feet; (15)' `83 0 47'53 "W 580.45 feet; (16) S87 0 43'41 "W 520.55 feet; (17) S77 °27 "1+ 853.62 feet; (18) 988 0 07'33 "W 406.58 feet, to the west line (:)f said Section 31; thence, departing said northerly right -of -way line, N00 °19'46 "E 1406.01 feet, along said west line, to the point of beginning, containing 360.75 acres, more or less. Basis of bearings for the above parcel description is the line connecting existing Bureau of Land Management monuments for the southwest corner of said Section 31 and the witness corner for the west 1/4 corner of said Section 31 being N00 0 19'46 "E (see drawing) . SOUTH PARCEL DESCRIPTION Those portions of the SE 1/4 SE 1/4, SW 1/4 SE 1 /4, SE 1/4 SW 1/4, r and Lot 4 of Section 31, Township 4 South, Range 82 West of the Sixth Principal `leridian lying south of the Southerly right -t�f- r� wav line of the Denver & Rio Grande Western Railroad, described as follows: �0 Commencing at the southwest corner of :aaid Section 31; thence a N00 0 19'46 "E 378.70 feet, along the west line of said Section 31, to the True Point of Beginning, on the south bank of the Eagle r River; thence, departing said south bank, and continuing along said 01 west line of Section 31, N'00 1 19'46 "E 248.30 feet, to the southwest N6 corner of the parcel described in the deed recorded in Book 338 at Page 850 in the office of the Eagle County, Colorado, Clerk and Recorder; thence, departing said west line, the following two (2) courses along the southerly and easterly lines of said parcel: (1) ' S73 °43'32 "E 642.29 feet; (2) N25 °43'28 "E 469.14 feet, to the T southerly right -of -way line of the Denver & Rio Grande Western CL Railroad; thence the following ten (10) courses along said K southerly right -of -way line: (1) N77 36'47 "E 150.00 feet; (2) cn 1008.30 feet along the arc of a non- tangent curve to the right, having a radius of 1607.36 feet, a central angle of 35'56'30 ", and a chord which bears 586= 21'18 "E 991.85 feet; (3) N18 0 31'42 "E 75.00 y feet; (4) S71 °28'18 "E 910.09 feet, to the west line of said SW 1 /4 SE 1/4; (5) S00 °41'33 11 W 52.52 feet, along said west line; (6) departing said west line, S71 0 28'18 "E 732.62 feet; (7) 268.55 feet along the arc of a curve to the left, having a radius of 5829.58 (Cottonwood PUD) q feet, a central angle of 02 °38'22 ", and a chord which bears � S72c47'29 "E 268.53 feet; (8) 574 "E 401.67 feet, to the east line of said S OW 1/4 SE 1/4; (9) V00'= 46' 51 "E 51.79 feet_, along said east line; (10) departing said east line, S74 "E 639.93 feet, to the south line of said SE 1/4 SE 1 /4;thence, departing said southerly right -of -way line, S89 °20'59 "W 296.62 feet, along the south line of said SE 1/4 SE 1/4; thence; departing said south line, N71'`15' 33"W 445.38 feet; thence 157.08 feet along the arc of • non- tangent curve to the right, Having a radius of 50.00 feet, • central ana_le of 180 0 00'00 ", and a chord which bears S78"44'27 "W 100.00 feet; thence \71 °15'33 "W 209.88 feet; thence 17.14 feet along the arc of a curve to the left, having a radius of 15.00 feet, a central angle of 65 1 28'36 ", and a chord which bears S76 0 00'09 "W 16.22 feet, to a point of non tangency; thence S05 °09'50 "W 189.20 feet, to the south line of said Section 31; thence S89=-1 31"W 915.31 feet, along said south line, to the south 1/4 corner of said Section 31; thence S89 "W 2024.18 feet, along said south line, to the south bank of the Eagle River; thence, departing said south line of Section 31, the following three (3) courses along said south bank: (1) \71 =44'45 "fir' 556.01 feet; (2) y46= 32'02 "W 185.17 feet; (3) V64c 01'35 "W 167.73 feet, to the True Point of Beginning, containing 56.65 acres, more or less. Basis of bearings for the above parcel description is the line connecting existing Bureau of Land `lanagement monuments for the southwest corner of said Section 31 and the witness corner for the west 1/4 corner of said Section 31 being \00 "E (see drawing). ., EAST PARCEL DESCRIPTION U CL Those portions of SE 1/4 SE 1/4, (�f Section 31, and the SW 1/4 33 1/4 of Section 32, Township 4 South, Ranee 82 West of the Si_ith Principal Meridian 1; south of the southerly right -of -wav line Ln of the Denver & Rio Grande Western Railroad, described as follows: Beginning at the southeast corner (it said SW 1/4 SW 1/4 of Section f 32; thence, along the southerly line of said SW 1/4 SW 1/4, X89 °46'12 1 ;ti 1348.26 feet, to the southwest corner of said Section -� 32; thence S89 '31 "W 329.05 feet along the southerly line of said SE 1/4 SE 1/4 of Section 31, to the southerly right -of -wav line for the Denver & Rio Grande Western Railway; thence the following seven �+ (7) courses along said southerly right-of-way line: (1) 336.77 feet along the arc of a curve to the left, having a radius of 5779.70 CL C feet, a central angle of 03 1 20'18 ", and a chord which bears 178 °26' 0.} "E 336.72 feet, to the westerly line of said SW 1/4 SW 1/4; (2) S00c51' 12 "tti 51.54 feet, along said westerly line; (3) departing said westerly line, 125.91 feet along the arc of a curve CQ to the let t, having a radius of 5829.70 feet, a central angle of 01= 14'15 ", and a chord which bears N76 0 16'11 "E 125.91 feet; (4) . 227.41 feet along the arc (if a curve to the left, having a radius of 2010.00 feet, a central angle of 06 °28'57 ", and a chord which bears X72=34'35 "E 227.29 feet; (5) \69 0 10'06 "E 517.90 feet; (6) 239.10 feet along the arc of a curve to the right, having a radius f , _)f 537.30 feet , a central angle of 25°29' 48" , and a chord which bears N81 0 55'00 "E 237.13 feet; (7) 297.87 feet alona the arc of a curve to the right. a radius of 3025.40 feet, a central angle of 05= 38'28 ", and a chord which bears S82 0 30'52 "E 297.75 feet, to the easterl% line (- said SW 1/4 SW 1/4; thence, departing said southerly right -of -way line, S00 297.25 feet, along said - asterly line, to the point of beginning, containing 6.91 acres, more or less. Basis of bearings for the above parcel description is the line connecting existing Bureau of Land Management monuments for the southwest corner of said Section 31 and the witness corner for the west 1/4 corner of said Section 31 being ?00'19'46 "E (see drawing) . CID L � CO 473923 B -577 P -811 04,/16,, "52 13 :53 PG 11 OF 30 (Cottonwood PUD) EXHIBIT B RECEIVED i�� COTTONWOOD PLANNED UNIT DEVELOPMENT JANUARY 13, 1992 473923 B-577 P-811 04,,"16,,"92 13:53 PG 12 OF 30 I. PURPOSE /GENERAL PROVISIONS A. Purpose This PUD Guide sets forth land uses and development standards for Cottonwood, a planned development in the unincorporated area of the County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted therein and accessory buildings and uses; and provides additional supplementary regulations. Cottonwood is a large parcel of land under single development control and is suitable for creation of a residential community and golf club. This large parcel of land is particularly well suited for long -range comprehensive planning, which, in turn, will aid in the protection of the environment, while at the same time facilitating the development of an aesthetically pleasing community. The Planned Unit Development Act of 1972 and Board of Eagle County Commissioners permit adoption of a development guide within the context of the planned unit development zoning regulations applicable to such land in order to establish and implement such a long -range comprehensive plan. A long -range comprehensive plan has been formulated for Cottonwood encompassing such beneficial features as a balance of residential, commercial and recreational uses; enhancement of public safety; creation of an aesthetically pleasing living environment; and promotion of high standards of development quality by stringent site planning, landscaping controls and architectural design guide lines all for the benefit of the existing and future citizens of Eagle County. B. General Provisions 1. Control Over Use After the effective date of approval of this PUD Guide: a. Any new building or other structure, and any parcel of land, may be used; and b. The use of any existing building, other structure or parcel of land may be changed or extended; and 473923 B -577 P -811 474,,''16,,''92' 13:53 PCB' 13 OF 30 z, t a "1 C) C. Any existing building or other structure may be enlarged, reconstructed, structurally altered, converted or relocated; for any purpose permitted or required by the provisions of this PUD Guide applicable to the area in which such building, other structure or parcel of land is located, and for no other purposes. Such use, change, extension, enlargement, reconstruction, structural alteration, conversion or relocation shall be subject to all other standards and requirements set forth or referred to in the standards and requirements for that area, and to any other applicable standards and requirements of this PUD Guide and the Cottonwood Design Review Guide. 2. Control Over Location and Bulk After the effective date of this PUD Guide the location and bulk of all buildings and other structures, existing and future, shall be in conformity with: a. All standards and requirements set forth or referred to in the standards and requirements for the area in which such buildings and other structures are located; and b. Any other applicable standards and requirements of this PUD Guide and the Cottonwood Design Review Guide. 3. Incorporation of Development Plan The plan of development for Cottonwood including the location and boundaries of Tracts and Blocks, the use, the circulation elements and the densities established by the PUD Guide, are shown upon the "COTTONWOOD PRELIMINARY PLAN ", which Preliminary Plan is hereby incorporated by reference into this Development Guide together with everything shown thereon and all amendments thereto. 4. Design Review Guidelines Cottonwood will prepare a Design Review Guide for all lot purchasers. Said Design Review Guide is intended to supplement and complement this PUD Guide where any conflict may occur, the most restrictive provision shall govern. M 473923 5 -577 P -811 04,116,/92 13:53 PG 14 OF 30 1 5. Planning Area Boundaries Wherever a Tract or Block abuts a street as shown in the Development Plan, the boundary is the abutting right -of -way line of such street. Wherever a Tract or Block does not so abut a street, the boundary shall be as shown in the Preliminary Plan. The size of any Tract or Block may increase or decrease after final determination by the developer during the final subdivision process with the approval of the Director of Community Development and without any amendment to this PUD Guide. Modifications in location of streets may be made after final determination by the developer during the final subdivision process with the approval of the Planning Director and without any amendment to this PUD Guide. r>'n! 6. Issuance of Building Permits No Building Permit for any construction, improvements or alterations at Cottonwood shall be obtained until the plans, specifications and details have been reviewed and approved by the Design Review Committee as defined herein and a certificate of approval executed by an officer of the Design Review Committee shall be affixed to the plans and specifications made a part of each building permit application. It shall be a violation of the Cottonwood Covenants should this provision be violated. 7. Temporary Contractor Storage Yards Upon approval of a temporary contractor storage yard within a residential land use designation area, Cottonwood shall notify the Eagle County Department of Community Development of the effective date of the two -year temporary period. 8. Building Height Height of building is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: a. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. 473929 i B-577 P -811 04/16,/92 2 13.: 53 PG 15 OF 30 C11 b. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item a above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 473923 B -577 P -811 04,, 2 13,53 PG 16 OF 30 10 II. ASSIGNED LAND USE DESIGNATIONS The following list identifies Tracts and Blocks within the Cottonwood PUD and their respective land use designations. Planning Area Land Use Designation Tract A Open Space Tract B Open Space Tract C Open Space Tract D Open Space Tract E Open Space Tract F Park Tract G Open Space Tract H Golf Course Tract I Golf Course Tract J Golf Course Tract K Open Space Tract L Open Space Tract M Residential Multi- Family, Medium Density Tract N Open Space Tract O Open Space Tract P Residential Multi- Family, Low Density Tract Q Resort Residential /Commercial Tract R Resort Residential /Commercial Tract S Open Space Tract U Residential Multi- Family, Medium Density Tract V Open Space Tract W Open Space Tract races_ X —Residential Multi - Family, Low Density Open Space Tract Z Open Space Block 1 Residential Duplex Block 2 Residential Duplex Block 3 Residential Duplex Block 4 Residential Duplex Block 5 Residential Duplex Block 6 Residential Duplex Block 7 Residential Single Family 473923 B -577 P -811 04/16 13:53 PG 17 OF 30 Q1 rri -I c� ry ^s m r�. r r� III. LAND USE DESIGNATIONS /DEVELOPMENT STANDARDS A. Open Space._- OS 1. Purpose To preserve sensitive and scenic areas upon the site and to provide areas for buffer zones, landscaping and recreational use. 2. Permitted Uses a. Open Space. b. Within Tracts B, C, D, and E permitted uses shall include landscaped project entry features including landscape walls and signage, gatehouse and other similar improvements. C. Trails d. Picnic Areas B. Residential Duplex - RD: 1. Purpose To provide sites density neighborhoods. for the development of low 2. Permitted Uses: a. Single Family Structures. b. Single Family Structures with accessory caretaker apartment in conjunction with main living unit. C. Duplex Structures 3. Development Standards a. Setbacks All setbacks shall be in accordance with Building Envelopes as shown on the final plats and shall respect easements. b. Maximum Building Height 35' C. Parking Each residence shall provide a minimum of two on site parking spaces per dwelling unit. d. Recreational activities and facilities. 10.7 e. Utility service installations such as water storage and transmission facilities, telephone, electrical, and cable television lines, natural gas lines, and sewage collection lines. C. Residential Single Family - RSF 1. Pur__ To allow sites for the development of single family homes. 2. Permitted Uses a. Single Family structures. b. Accessory caretaker apartment in conjunction with main living unit not to be sold or subdivided separately from main living unit. C. Utility Services 3. Development Standards a. Setbacks All setbacks shall be in accordance with Building Envelopes as shown on final plats and shall respect easements. b. Maximum Building Height 35' C. Parking Each residence shall provide a minimum of two on site parking spaces per dwelling unit. D. Residential Multiple Family Low Density - RMFL 1. Purpose To provide sites for the development of low density multiple family dwellings. 2. Permitted Uses - Tract P a. Townhouses, condominiums, single family and duplex structures including both whole ownership and interval ownership. b. Recreational activities and facilities. C. Child care facilities. d. Utility Services. e. Residential Management Offices. 473923 B -577 F -811 04,,"16,1'92 13a53 PG 19 OF 30 3. Permitted Uses - Tract X a. Townhouses, condominiums, single family and duplex structures. b. Recreational activities and facilities. C. Child care facilities. d. Utility Services. e. Residential Management Offices. 4 f. Temporary (2 years) Contractor Storage Yards. 4. Development Standards a. Setbacks Tract - P : Minimum building setback of twenty feet for side and front setback, and fifteen feet for rear setback. Tract X : Minimum building setback of 150' from north edge of Eagle River, 50 from all property boundaries. b. Maximum Buildina Height 48' C. Parkins : Tract P : One parking space per dwelling unit Tract X : One bedroom unit: one parking space per unit. All other units: two parking spaces per unit. E. Residential Multiple Family Medium Density RMFM 1. Purpose To provide sites for the development of medium density multiple family dwellings. 2. Permitted Uses a. Townhouses, condominiums, apartments, single family and duplex structures including whole ownership and interval ownership. 473923 B"-577 P -811 04,,"16 13- PC, 20 OF 30 b• Recreational activities and facilities. C. Utility Services. d. Residential Management Offices. e. Temporary (2 years) Contractor Storage Yards. 3. Development Standards a. Setbacks Minimum setback of twenty feet for side and front setbacks and fifteen feet for rear setback. b. Maximum Building Height 48' C. Pa_ One -half parking space per dwelling unit plus one tenth of a space per 100 feet of floor area with a maximum of two spaces per dwelling unit. F. Resort Residential and Commercial - RRC 1. Purpose To provide a neighborhood activity center for the Cottonwood PUD and to provide an activity center for the Golf Course. 2. Permitted Uses a. Golf Clubhouse and related facilities, including but not limited to golf pro shop, restaurants, offices, recreational uses and similar type facilities. b. A maximum of 10,000 square feet of convenience commercial uses within RRC -1 and RRC -2 combined. C. Townhouse, condominium, single family, and duplex structures including whole ownership and interval ownership. d. Lodge rooms and normal accessory ancillary facilities not to exceed a total of 300 lodge rooms within RRC -1 and RRC -2 combined. For purposes of density calculations, 3 lodge rooms equal one dwelling unit. e. Recreational Facilities. 473923 —577 F -811 04,116,, "92 13853 PG 21 OF 30 C J f. Real Estate Sales Center. g. Community Information Center. h. Educational Facilities. i. Administration Offices. j. Utility Services k. Temporary (2 years) Contractor Storage Yards. 1. Child Care Facilities 3. Development Standards il- a. Setbacks Minimum setback of fifteen feet on perimeter sides of Tract R and Q. Z b. Maximum Building Height 48' C. Parking 1. Dwelling Units One -half parking space per dwelling unit plus one -tenth of a space per 100 square feet of floor area with a maximum of two spaces per unit. 2. Lodcre Rooms One -half space per lodge room. 3. Other Uses Provide parking sufficient to meet the needs of uses in accordance with Eagle County Land Use Regulations. G. Golf Course 1. Purpose To provide for the development of a golf course and related facilities necessary for the operation thereof. 2. Permitted Uses a. Golf Course, golf course driving range, golf maintenance facilities, restrooms, parking areas, structures accessory to the operation of the golf course. 4735 5 -577 F -811 04,/16,, "9.2 13y53 PG 22 OF 30 1 I►. I , b. Utility services. C. Temporary Contractor Storage Yards. I 00 C.L) COD 473923 B-577 P-81 04,,"16,,"9;'-' 13.53 PG 23 OF 30 C k I IV. SUPPLEMENTARY REGULATIONS A. Architectural projections above height limit Architectural projections including towers, spires, cupolas, chimneys, flagpoles, observation towers may extend above the maximum height limit a distance of not more than 25% of the height limit nor more than 15 feet. B. Fireplace Regulations The installation of any wood burning devices within the PUD must conform to the currently adopted Eagle County regulations at the time of installation. 473923 B -577 p -811 04/16 13:53 PG 24 OF 30 y l V. A. go ARCHITECTURAL AND SITE DESIGN GUIDELINES - . NORTH OF I -70 Intent /Concept The overall design intent of the Cottonwood PUD is to insure the preservation and enhancement of the natural beauty of the site and to maintain a high level of quality of architectural and landscape design that will be established as a standard. The three following general concepts are of major importance in the development of the Cottonwood PUD: 1. The natural landscape and golf course landscape shall dominate the setting; 2. New development shall blend with existing natural landforms and native vegetation. 3. Vegetation and landforms surrounding individual building sites shall be left undisturbed and maintained in their natural states to the maximum extent possible. The design guidelines for Cottonwood stress the importance of integrating land uses into the natural setting of the site and surroundings. This is the overriding goal. Specific architectural design controls adopted by the Cottonwood Architectural Review Committee are limited in number but firmly applied presenting a unified visual theme throughout the development. Site Desicrn and Landscape Guidelines 1. Minimize Grading /Preservation of Landscape The intent and goals of the land planners at Cottonwood is to preserve the natural existing topography and minimize disruption of the existing ecosystem and alteration of topography and vegetation. The prescribed building sites have been located in a manner which minimizes grading and avoids disruption of the primary natural drainage systems. These attitudes and goals must be carried forward through to all levels of development including individual homesites. 2. Building Envelopes The "building envelopes" or "building site" is the area that will be designated upon each final plat for each residential single family and duplex lot and defines the portion of the lot in which building and landscaping may occur subject to the Cottonwood Design Guidelines. Modification to the 473923 B -577 P -811 04/16,/92 ,13:53 PG 25 OF 30 R building envelope may be approved by the Architectural Review Committee upon presentation of evidence by the owner that the modifications will not adversely impact the adjacent neighbors or golf course, and are consistent with the intent of the Design Guidelines. 3. Golf Course Edcte The edge of the Golf Course in residential areas at Cottonwood is of critical design importance. In order to enhance the edge areas where residential development meets the natural landscape setting, landscaping outside the Building Envelope is restricted to very limited additions of native landscape materials and irrigation. These additions may be of only species that are native to the site. In areas along the edge of the Golf Course that are altered during construction of the course, plantings and land forms that form the ground plane will be permitted to continue into the residential land up to the edge of patios or walls of buildings. However, even in this instance it is important that the edge of the golf course be irregular and natural and not geometric. 4. Roadway Corridor Landscapinct Master landscape plans will be prepared for the common roadways within Cottonwood. The planting plan will focus upon revegetation and the reintroduction of native plant species where appropriate, located in informal groupings. Where individual lots abut these common roadways, landscaping shall be provided which blends into the edge condition adjacent to the lot and minimize disruption of areas preserved as native landscaping. A suggested plant materials list will be available from the Architectural Control Committee. C. Architectural Guidelines Each building site within Cottonwood is unique in terms of its setting and attributes and in order to take advantage of those unique qualities, each site will require different design and construction approaches within the framework of the Cottonwood Design Guidelines adopted by the Architectural Review Committee (ARC). The design controls and architectural standards set forth by the ARC should be viewed by each individual lot owner as protection of the Cottonwood environment. 473923 B -577 P -811 04,,'16,, "9;' 13:53 PG 26 OF 30 U Continuity is of utmost importance to the overall design philosophy at Cottonwood. The purpose of the Design Guidelines is not to create look - alike residences or to suggest that they all have the same colors and materials, but to create a design approach that maintains continuity and a sense of place through the use of common themes and ranges of colors and materials. 1. Materials and Colors All building materials and C� colors including roofs shall be in accordance with those adopted by the ARC within the Cottonwood Design Guidelines. The color standards adopted by the ARC are intended to be muted, earth tone colors with light to middle range color values of the native landscape found upon the site. Occasionally, accent colors that are used with restraint may be permitted. No highly reflective surfaces, other than glass, shall be used on exterior surfaces, including roofs. 2. Foundations All exterior wall materials must be continued to finished grade thereby eliminating unfinished foundation walls. 3. Decks, Patios Courtyards All decks, patios, and courtyards should be designed as an integral part of the architecture of the Residences so they are integrated into the overall design. Site walls and accessory site structures shall be compatible with the main structure upon the site. 4. Antennae /Utility Lines No antenna of any sort shall be installed or maintained upon any residential lot which is visible from any adjacent property. All service utility lines to each Residence shall be installed underground. 5. Lighting All outdoor lighting will be carefully reviewed to insure that neighboring properties are protected from the view of bright light sources. Illumination necessary for night time activities must be directed downwards. 6. Paving It is a goal at Cottonwood to limit the impervious cover of the ground to the area necessary for the needs of adequate access and parking. Excessive areas of pavement will be discouraged. 4 7392 -3 R -577 P -811 04,/1 13v53 PG 27 OF 30 1. f 7 . ig s. A comprehensive and unified signage and graphics program will be included in ARC's Design Guidelines in order to maintain high visual standards. The ARC will review all proposed signs for conformance With the Guidelines. Unless otherwise subsequently approved by Eagle County all signs shall conform to the Eagle County sign regulations. 8. Accessory Caretaker Apartments The design of accessory caretaker apartments must be integral to the main building or buildings upon the site and incorporated into a residences' overall architectural character. 473923 B -577 P -811 04,t"161'9 13x53 PG 28 OF 30 1.^., VI. ARCHITECTURAL AND SITE DESIGN GUIDELINES - TRACT X A. Intent /Concept The overall design intent for Tract X is to insure the completion of a residential development that is compatible with the natural beauty of the site and surroundings and to particularly preserve an open space corridor along the Eagle River. B. Site Desian and Landscape Guidelines 1. Building Location /Configuration The site design for .development of multiple family dwellings upon Tract X shall be sensitive to existing topographical features and the configuration of buildings shall be arranged in a manner dictated by site topography, access and circulation Buildings shall be offset from one another so as to yield a varied geometric design which does not result in an "army barracks" configuration. 2. River Corridor A building setback of 150' minimum from the north edge of the Eagle River has been established in order to preserve a corridor of open .space along the Eagle River. No building encroachment will be permitted within this setback area. 3. Open Space within Tract X . Buildings upon Tract X shall be sited in such a manner as to maximize the amount of open space frontage for each building grouping and allow each unit to capitalize upon the site's tremendous views and solar exposure. 4. Landscaping Landscaping to be located upon the site shall enhance the site's natural landscape character as well as to serve as a buffer along roads and parking areas and adjacent to'structures. 5. Public Access to Eagle River Public access will be provided to the Eagle River via a multiple purpose trail easement adjacent to the Eagle River. 6. Safety Fence A safety fence shall be constructed adjacent to the railroad tracks along the north boundary of Tract X prior to the issuance by Eagle County of a temporary certificate of occupancy for any residential unit within Tract X. The design of such fence shall be harmonious with overall site design character. 473923 B -577 P -811 04,,"16,192 13.:53 PG 2 OF JO C. Architectural Guidelines 1. Building Materials and Colors Exterior birliig materials shall be selected from the light rnat6Ar= earth tone family to facilitate the project brdir d fi -'�; °,. into its surroundings. The purpose is to integrate the -° buildings into the natural setting of the site as guch as possible and not to construct buildings which Gall undue attention to themselves. 2. Architectural Character Buildings are encouraged to step vertically with the topography of the site yielding an variegated overall roofscape. Roof pitch should be at least 4 feet in twelve feet and contain Y overhangs to provide visual relief and protection to buildings. Horizontal offsets to buildings are also encouraged in order to create visual relief and interest. 3. Lighting All outdoor lighting shall be carefully reviewed to ensure that neighboring properties are protected from the view of bright light sources. Illumination for night time activities must be directed downwards. 473923 B -577 F -811 04,,"16,,"92 13:53 PG 30 OF 30