Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutR20-082 Approval of Kudel PUD and Zone Change File No(s). PDSP-9022 and ZC-9023 Eagle County, Co 202018567 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Regina O'Brien 10/15/2020 Pgs: 25 12:08:42 PM REC: $0.00 • DOC: $0.00 Commissioner Scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2020- 082 RESOLUTION TO APPROVE THE KUDEL PLANNED UNIT DEVELOPMENT(PUD)AND ZONE CHANGE Eagle County File No(s).PDSP-9022 and ZC-9023 WHEREAS,on or about February 27, 2019,the County of Eagle, State of Colorado,accepted for filing an application (File No(s). PDSP-9022 and ZC-9023) submitted by David Kudel and the Shirley Kudel Trust for approval of a consolidated Sketch/Preliminary Plan for Planned Unit Development (the "PUD") and Zone Change for three parcels designated as APN 2105-044-09-001, 2105-044-00-006, and 2105-091-00-005 located on US Highway 6 in the Edwards area, more particularly described in Exhibit'A',attached hereto and incorporated herein (the"Property"). The Property was conveyed to Kudel Development, LLC (the "Applicant") following submission of the application to the County; and WHEREAS, the Applicant is proposing to rezone the Property from Resource (R) and Residential Suburban Low Density (RSL) to PUD to allow for development of four (4) single family residential units and two(2) open space tracts on the Property;and WHEREAS,in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E - Notice of Public Hearings, notice of the proposed PUD and Zone Change was mailed to all owners of property located within and adjacent to the Property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission (the "Planning Commission") and the Board of County Commissioners of the County of Eagle(the"Board");and WHEREAS,on March 4,2020,the Planning Commission conducted a site visit to the Property; and WHEREAS,at its public hearing held on March 4,2020,the Planning Commission,based upon its findings, unanimously recommended approval of the proposed PUD with conditions and approval of the Zone Change;and WHEREAS,on July 20,2020,the Board conducted a site visit to the Property;and WHEREAS,at its regular public hearings held on July 14, 2020 and July 21, 2020,the Board considered the proposed PUD,Zone Change,associated plans,requests for variations to dimensional limitations, the statements and concerns of the Applicant, the Eagle County staff, other interested 1 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 persons, and the recommendation of the Planning Commission; and WHEREAS, at its public hearing held on July 21, 2020, the Board, based upon its findings, voted unanimously to approve the PUD with conditions and requested variations to dimensional limitations,and to approve the Zone Change,as set forth below,and authorized the Chair to sign on its behalf the foregoing resolution evidencing such approvals;and WHEREAS,the approved Kudel PUD Guide (the "PUD Guide") is attached to this resolution as Exhibit B. WHEREAS,the Variations Table outlining the approved variations to dimensional limitations is attached to this resolution as Exhibit C. NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County,as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendations of the Planning Commission,and comments from all interested parties,the Board finds as follows: THAT,the application for a PUD complies with the standards in ECLUR Section 5-240.F.3.e- Standards for Preliminary Plan for PUD,as set forth below: 1. Unified ownership or control. Pursuant to Section 5-240.F.3.e (1),the Applicant is the owner of all three parcels within the boundaries of the proposed PUD. Eagle County has received statements of authority and a letter of authorization from all associated owners of the Property.Thus,the PUD is under a unified ownership and control and therefore meets this standard. 2. Uses. Pursuant to Section 5-240.F.3.e(2), the allowed uses in the PUD are uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in ECLUR Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule".The underlying zone districts in effect for the Property at the time of the application for PUD are Resource (R) and Residential Suburban Low Density (RSL). The proposed uses include single family residential, open space, utilities and landscaping,and passive recreation.All uses allowed within the PUD ARE allowed in the R and RSL zone districts. No variations to uses were proposed or requested. 3. Dimensional Limitations. Pursuant to Section 5-240.F.3.e (3), the dimensional limitations that shall apply to the PUD are those specified in ECLUR Table 3-340, "Schedule of Dimensional Limitations",for the zone district in effect for the Property at the time of the application for PUD. The zone district in effect for the existing Property was Resource (R) and Residential Suburban Low Density(RSL).Variations to all dimensional limitations, except building height in the RSL zone district were requested and have been authorized pursuant to Section 5-240.F.3.f, Variations Authorized,to achieve the stated purposes of obtaining desired design qualities and avoiding environmental resources and natural hazards. The approved variance table 2 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 is attached hereto as Exhibit C. The approved variations leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation,light,air,and snowmelt between buildings.The approved variations also allow for adequate stabilization of the streambank and adequate water quality protections through adequate stormwater management.Dimensional limitations for the PUD are outlined in the PUD Guide and demonstrated on the Planning Area Map included as Exhibit A to the PUD Guide. 4. Off-Street Parking and Loading. Pursuant to Section 5-240.F.3.e (4), the PUD parking requirements comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. The Applicant did not request a variation to any standards related to parking. Parking is accommodated by garages and surface parking. For the surface parking space,the spaces for Lots 1B and 1C are permitted to be partially located on the adjacent lot per the landscape plan included as Exhibit B to the PUD Guide. Adequate snow storage has been provided per the ECLUR standards.Finally,the design of the driveway meets the requirements for parking and loading with no variations being requested. 5. Landscaping. Pursuant to Section 5-240.F.3.e (5), the landscaping provided for the PUD complies with the standards of Article 4, Division 2, Landscaping and Illumination. No variations to landscaping or illumination were requested. Furthermore,the landscaping allowed for the PUD further limits applications of sod for the development to 1,900 SF for each lot.This is above and beyond the restrictions in the ECLURs and furthers the purpose of the ECLURs.No variations to the county's illumination standards were requested.The PUD Guide does require that all outside lighting be dark sky compliant. 6. Signs. Pursuant to Section 5-240.F.3.e (6), the PUD are consistent with the sign standards as specified in Article 4, Division 3, Sign Regulations. The PUD did not propose a sign plan under Section 4-340.D - Signs Allowed in a Planned Unit Development. The signs allowed in Section IX of the PUD Guide are consistent with the ECLUR requirements for signs and no variations were requested. 7. Adequate Facilities. Pursuant to Section 5-240.F.3.e (7), the PUD will be provided adequate facilities and infrastructure including water, sewer,solid waste, electrical, fire protection and roads.The PUD will be served by Eagle River Water and Sanitation District, Upper Eagle River Water Authority, and gains access from Hwy 6, a public road owned by the Colorado Department of Transportation (CDOT). A conditional capacity to serve letters for water and sewer has been received and the Applicant will obtain all necessary access permits from CDOT prior to the start of construction. Adequate facilities for solid waste disposal, electrical supply, fire protection, and emergency services are available and will be provided to the PUD by the appropriate district or private contractor.The PUD will also be conveniently located in relation to schools,police and fire protection,and emergency medical services. 8. Improvements. Pursuant to Section 5-240.F.3.e (8), the improvements standards applicable to the development are as specified in Article 4, Division 6, Improvements 3 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Standards and no variations to ECLURs were requested.The PUD has demonstrated safe and efficient access by meeting all criteria required for an Urban Cul-de-sac and applicable geometric design standards related to approaches and driveways.Internal pathways have been designed to provide internal circulation throughout the PUD. The PUD has been designed in a way that allows for adequate access from emergency vehicles such as fire trucks and ambulances. Both service providers were consulted during the review process and confirmed that the site was accessible.Only one point of access is required for the development and has been proposed with no variations requested.Finally,adequate snow storage has been provided per the ECLURs with no variations requested. 9. Compatibility with Surrounding Land Uses.Pursuant to Section 5-240.F.3.e(9)and Section 5-280.B.3.e(5),the PUD proposes uses and densities that are consistent with residential neighborhoods adjacent to the east, north, and south of the site that are also zoned PUD. The PUD also proposes two open space tracts that are compatible with adjacent uses to the west and south.Thus,the proposed PUD is compatible with current and future permissible uses on the surrounding properties. 10. Conformance with the Comprehensive Plan. Pursuant to Section 5-240.F.3.e (10) and Section 5-280.B.3.e(1),the proposed PUD is in substantial conformance with the 2005 Eagle County Comprehensive Plan and 2017 Edwards Area Community Plan as the proposed single family residential and open space uses are consistent with the Future Land Use Map (the "FLUM") designation of both plans. Additionally, components of the proposed PUD support the goals and policies within the plans related to water resources,protection of sensitive lands,management of public access to the river, and connectivity to off-site destinations. The proposed PUD also meets the intent and policies stated in the Eagle County Affordable Housing Guidelines,an adopted document pertaining to affordable housing needs of the community. Thus, the proposed PUD is in substantial conformance with the comprehensive plan and ancillary adopted documents pertaining to natural resource protection, affordable housing,and infrastructure management. 11. Phasing.Pursuant to Section 5-240.F.3.e(11),the PUD includes a phasing plan of only one phase as outlined in Section XIII of the PUD Guide. 12. Common Recreation and Open Space.Pursuant to Section 5-240.F.3.e(12),the PUD complies with the requirements outlined in Section 5-240.F.3.e(12) of the ECLURs. The PUD is proposing two open space tracts of land to be managed and maintained by the Homeowners Association for access by all residents of the PUD. The ECLUR standards require a minimum of 4,583 square feet of common recreation and open space. The PUD is exceeding this requirement by providing 24,334 square feet of usable and conveniently accessible common recreation and open space as defined by the ECLURs.Planning Area A(Tract A)as shown on Exhibit A of the PUD Guide is the open space area along the river.Access to this tract is not open to the public,however, limited access by residents of the PUD is permitted through a designated foot path. Uses allowed within the open space tracts are that proposed by the PUD and no variations are requested. Improvements proposed for the common recreation and 4 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 open space will be constructed prior to Certificate of Occupancy for any building permit within the PUD. 13. Natural Resource Protection. Pursuant to Section 5-240.F.3.e (13), the PUD considered recommendations made by the applicable analysis documents and recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Based on the Environmental Impact Report and recommendations from Eagle County Open Space Department and Colorado Geological Survey (CGS), the PUD is protective of identified Natural Resources by placing the sensitive slopes and riparian areas in common ownership,limiting public access,and stipulating the types of vegetation and improvements appropriate for the stream setback area. Additionally, the 9 foot rear setback was determined through analysis and recommendation by CGS to ensure slope stability along the bank of the Eagle River. Finally, as reviewed under dimensional limitations, the revised stream setback of 9 ft from the top of bank,varying from 28-60 feet from the high water mark, was evaluated for adequate protection of the riparian area and determined to be protective due to the proposed final state of the stream setback,limited access,and appropriate stormwater management plans. THAT,the application for a PUD complies with the standards in ECLUR Section 5-280.B.3.e- Standards for Preliminary Plan for Subdivision,as set forth below: 1. Consistency with the Comprehensive Plan.Pursuant to Section 5-280.B.3.e(1),the PUD is in substantial conformance with the purposes,goals and policies of the Eagle County Comprehensive Plan, Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing,and infrastructure as outlined above in Standard 5-240.e.10. 2. Consistent with Land Use Regulations.Pursuant to Section 5-280.B.3.e(2),the PUD complies with all the standards of this Section and all other provisions of the ECLUR including but not limited to the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards. The PUD complies with the ECLUR requirements for uses, landscaping, illumination, parking and loading, signage, natural resource protection, and site improvements. Variations were requested for all dimensional limitations except for building height and the variations have been granted as the variations obtain the desired design quality and avoid environmental resources and natural hazards. 3. Spatial Pattern Shall Be Efficient. Pursuant to Section 5-280.B.3.e(3), the PUD is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of services,or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development.The PUD is located within existing service areas for emergency services, utilities,and schools.Additionally, the PUD is an infill development site surrounded by residential development and open space compatible with the proposed PUD. 4. Suitability for Development.Pursuant to Section 5-280.B.3.e(4),the PUD is suitable 5 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property,and existing and probably future public improvements to the area.The PUD is proposing rear setbacks, stream setbacks, and permissible uses in the open space tracts that consider topography, environmental resources such as the Eagle River, and other hazards such as geotechnical issues. Potential future public improvements are not anticipated for the site and therefore no additional considerations were made. 5. Compatibility with Surrounding Uses.Pursuant to Section 5-280.B.3.e(5),the PUD is generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure improvements. The PUD proposes uses that are compatible with the surrounding land uses of residential and open space. 6. Adequate Facilities.Pursuant to Section 5-280.B.3.e(5),the PUD demonstrated that adequate facilities for potable water,sewage disposal,solid waste disposal,electrical, fire protection and roads will be provided by supplying conditional capacity to serve letters and commitments for private contracted services for solid waste and electrical. The PUD is within service areas for all emergency services and conveniently located to schools. THAT,the application for a Zone Change complies with the standards in ECLUR Section 5- 230.D-Standards for Zone Change,as set forth below: 1. Conformance with the Comprehensive Plan. Pursuant to Section 5-230.D.1, the proposed change in zoning is in substantial conformance with the purposes,intents, goals and policies of the Comprehensive Plan.The proposed uses are consistent with the FLUM and the PUD is consistent with statements of intent and character of the Edwards Area Community Plan and the Eagle County Comprehensive Plan. 2. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, the proposed change in zoning is compatible with the type,intensity,character and scale of existing and permissible land uses surrounding the subject property.Dimensional limitations of the PUD result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property as the setbacks, building height,and floor areas are similar to those of surrounding properties. 3. Public Benefit. Pursuant to Section 5-230.D.3, the proposed change in zoning addresses a demonstrated community need or otherwise results in one or more particular public benefits that offset the impacts of the proposed uses.The proposed PUD includes an affordable local resident housing plan that exceeds the recommendations of the County's Affordable Housing Guidelines with a Resident Occupied deed restriction to be recorded against two of the four units,and a covenant voluntarily proposed by the Applicant to be recorded against the remaining two units for the purpose of imposing a transfer fee equal to two percent (2%) of the value of the consideration exchanged for the transfer of such unit. Initial sales of the two units by the Applicant shall be subject to the voluntary transfer fee. The 2%transfer fee 6 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CRAFD80 was volunteered by the Applicant and will be privately imposed by the Applicant pursuant to the terms of a transfer fee covenant and is not a tax being levied by Eagle County or the Eagle County Housing Authority ("ECHDA"). The transfer fee will provide funding to the ECHDA for the development of workforce housing in Eagle County.The 2%transfer fee is separate from the 2%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 Kudel PUD Affordable Housing Plan. The Resident Occupied deed restriction and the transfer fee covenant will be recorded immediately following the recordation of the Final Plat for the PUD. Additionally,the PUD is proposing to place land along the Eagle River in the ownership of a Homeowners Association thereby protecting against encroachments into the riparian area from individual homeowners and preserving the native state of the river.These commitments by the PUD outweigh the anticipated impacts of the four residential units proposed in the PUD and zone change. 4. Change of Circumstances. Pursuant to Section 5-230.D.4, the proposed change in zoning is in response to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community.The underlying zoning designation of R and RSL predates the Eagle County Comprehensive Plan,the Edwards Area Community Plan, and the redevelopment of all of the property surrounding the PUD. 5. Adequate Infrastructure.Pursuant to Section 5-230.D.5,the property subject to the proposed change in zoning is served by adequate roads, water, sewer and other public use facilities.The Property is within the service areas of Eagle River Water and Sanitation District, the Upper Eagle River Water Authority, Eagle River Fire Protection District, and the Eagle County School District with adequate service confirmed for each.The Property is accessed by a public road owned and maintained by the Colorado Department of Transportation. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: THAT, proper public notice was provided as required by law for the hearings before the Planning Commission and the Board;and, THAT this PUD and Zone Change(File No(s).PDSP-9022 and ZC-9023)described herein and in the PUD Guide attached as Exhibit B,are hereby approved,subject to the following conditions: 1. The evaluated and agreed upon stream setback shall be platted at Final Plat for the development for clarity of setback location. 2. An approved access permit must be obtained from CDOT prior to recording of the Final Plat for the development.All on and off-site improvements associated with the permit approval, must be completed prior to Temporary Certificate of Occupancy or Certificate of Occupancy of the first building permit issued for the development. 3. An approved CDOT Special Use Permit for all improvements in the CDOT right-of-way and all related agreements must be obtained concurrent with recording of Final Plat for the 7 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 development.All improvements associated with the Special Use Permit must be completed prior to Temporary Certificate of Occupancy or Certificate of Occupancy of the first building permit issued for the development. 4. All mitigations suggested in the Subsoil Study for Foundation Design by Kumar&Associates dated July 29, 2019 shall be adhered to, including a review of the final site grading by a qualified geotechnical engineer.Additionally, a plat note shall be included on the Final Plat for the PUD dictating that the entirety of the foundation of any structure constructed in the PUD,which includes the excavation and footers,shall not extend beyond the stream setback line. 5. 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. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this 13th day of October,2020,nunc pro tunc July 21,2020. The rest of this page intentionally left blank 8 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 civ Me&-r COUNTY OF EAGLE,STATE OF °4 COLORADO,By and Through Its • BOARD OF COUNTY COMMISSIONERS ATTEST: �o \*O —DocuSigned by: "--DocuSigned by: '' � ADO Otirt ��"�" rt, In t un. By: '°'''^'amu r.— �`86A681FFEB84403.. Clerk fcfl94'� Kathy Chandler-Henry County Commissioners Chair c—DocuSigned by: yy/,,QtS Jearfi eMEORney Commissioner LftDoAc1uuSigned by: ill Sdkar fc9erverf0473... Commissioner1llll McQueeney Commissioner seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye 9 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-005C3CBAFD80 EXHIBIT A: LEGAL DESCRIPTION PARCEL 1: A PARCEL OF LAND SITUATED IN THE NE1/4NE1/4 OF SECTION 9,IN TOWNSHIP 5 SOUTH,RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF U.S.HIGHWAY NO.6 AND 24,SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE KUDEL PARCEL ON THE NORTHERLY RIGHT OF WAY OF SAID U.S.HIGHWAY 6 AND 24,BEING A REBAR AND CAP LS 9337;THENCE S.85°55'45"W. 208.62 FEET ALONG SAID NORTHERLY RIGHT OF WAY OF SAID HIGHWAY; THENCE N.04°04'15" W. 25.00 FEET; THENCE N. 78° 32' 10"E.211.46 TO THE WESTERLY LINE OF SAID KUDEL PARCEL; THENCE S. 02° 53' 00" E 52.22 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING, COUNTY OF EAGLE,STATE OF COLORADO. PARCEL 2: A PARCEL OF LAND LOCATED IN THE S1/2SE1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE CENTERLINE OF THE EAGLE RIVER,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SE CORNER SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S.89° 42' 33" E. 1162.66 FEET; THENCE ALONG THE SOUTH LINE OF SAID SECTION 4 N. 89° 42' 33" W. 260.00 FEET TO A POINT ON THE CENTERLINE OF THE EAGLE RIVER;THENCE ALONG THE CENTERLINE OF THE EAGLE RIVER N.71° 41' 14" E. 269.13 FEET; THENCE S. 02° 59' 53" E. 86.00 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE,STATE OF COLORADO. PARCEL 3: LOT 1, KUDEL PARCEL, ACCORDING TO PLAT RECORDED OCTOBER 16, 1997 UNDER RECEPTION NO.636449,COUNTY OF EAGLE,STATE OF COLORADO. DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Kudel PUD Guide I. Title and Ownership This PUD shall be known as the Kudel PUD. This PUD was approved by the Board of County Commissioners (BOCC)on July 21, 2020. II. Statement of Intent The intent of this proposal is to allow for a low-density residential neighborhood, located in the mid-valley region of Eagle County. A PUD was created to narrow the list of uses allowed on the property and to provide meaningful controls for the development of this low-density residential development and to insure the use remains compatible and complementary with the natural environment and neighboring residential uses prevalent in the area. This PUD Guide is intended to replace and supersede the Land Use Regulations of Eagle County as amended from time to time in regard to this property. Where the PUD Guide is silent to a regulation, the provisions of Eagle County Land Use Regulations shall govern. If there is any conflict between the provisions of this PUD Guide and the provisions of Eagle County Land Use Regulations or any other ordinances, resolutions or regulations of Eagle County,the provisions of this PUD Guide shall prevail and govern the development of the PUD. III. General Information The property within the PUD contains 1.4564 acres of land situated north of Highway 6 in Edwards, Colorado. The property will be developed with four single-family residences. IV. Public Benefits of the PUD The PUD allows for a property within Edwards to be redeveloped consistent with the surrounding neighborhood. The PUD facilitates the removal of an old well and septic system along with the dated residential structures currently on the site. The clustering of lots allows for the protection of the Eagle River Corridor. Planning Area A will be owned and maintained by the Kudel PUD Homeowners Association. Additionally, the applicant is proposing a Residency Occupancy(RO) deed restriction on two units and a 2%transfer fee on the remaining two units which will either provide direct workforce housing within the community or provide funding to the Eagle County Housing and Development Authority. V. Housing Plan Resident Occupancy restrictions may apply to rental or for sale housing and apply to two units in the PUD. Any designated Resident Occupied unit, if sold to a non-qualifying occupant, will require the collection of a 2% transfer fee payable to Eagle County or the Eagle County Housing and Development Authority for each and every ownership transfer to a non-qualifying occupant. No RO unit shall be available for short term rental which is defined as a rental for less than a 30-day period. DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Additionally, the two units without the deed-restriction, will be subject to a 2% transfer fee payable to Eagle County or Eagle County Housing and Development Authority but will allow for short term rental. Definition of Resident Occupied or Occupancy (Eligible Households), as set forth in the Eagle County Affordable Housing Guidelines: A rental or for sale units where households where at least one member of the household meets at least one of the following criteria: • Has earned a living primarily in Eagle County by having worked an average of at least thirty (30) hours per week on an annual basis at a business with an office or job site physically located in Eagle County(multiple jobs in Eagle County may be combined to reach 30 hours per week);or • Has been hired for a job in Eagle County on a permanent basis to work at least thirty(30)hours per week;or • Employees that make their home in Eagle County but work for employers that are located outside of Eagle County (i.e. telecommuters) may be considered eligible if all other eligibility requirements are met and the Household can prove Eagle County residency for at least 1 year before application submission;or • Is over the age of sixty (60) and had earned a living primarily in Eagle County prior to his or her retirement;or • Is a disabled person who had been a full-time employee in Eagle County for a minimum of two years immediately prior to his or her disability or has been granted an exception to the minimum of 30 hours per week in order to continue with a federal or state benefit program, if the person works the maximum number of hours per week the disabled person will have met the intent of the programs criteria;or • The household cumulatively earns at least 75%of the Household's Gross Household Income in Eagle County. The applicant will agree to and sign a Resident Occupied deed restriction acceptable to Eagle County for two of the units prior to approval of final plat and will record the deed restriction prior to issuance of the first temporary certificate of occupancy for any structure on site. VI. Planning Area Uses and Standards The Kudel PUD has been divided into three planning areas, as identified on the Planning Area Map (Exhibit A). Planning Area 1 consists of residential homesites, with a maximum of four single-family dwelling units. Planning Area A (Tract A) is the area generally including the Eagle River and adjacent riparian areas. Development is not permitted in Planning Area A. Planning Area B (Tract B) is the parcel adjacent to Highway 6, to the west of the residential homesites. Planning Area B is open space,with the allowance for ancillary uses. The following development standards apply to the entirety or perimeter of the Kudel PUD. The development standards for the individual homesite lots are provided in the Development Standards for Planning Area 1. • Maximum Density: Four(4)single-family dwelling units • Stream Setback: Stream setback line varies per the Planning Area Map (Exhibit A). • Access: Limited to one access drive to Highway 6 A. Planning Area 1:Single Family Residential Dwellings 1. Description: Planning Area 1 consists of the residential homesites. 2 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 2. Permitted Uses: a. Four(4) homesites,with an allowance of one single-family residence for each homesite 3. Accessory Uses: a. Landscaping b. Utilities c. Fencing(no fencing between structures) d. Landscape berms e. Home Occupation f. Access,driveways, and parking areas for use by the owners within the Kudel PUD g. Signage to identify the residential development h. Roof-mounted solar panels i. Lighting, including lighting to illuminate signage and street lights to illuminate the shared driveway if necessary 4. Development Standards a. Minimum Lot Size: 4,800 sq.ft. b. Maximum Building Height: 35 ft. Building height is measured per the Eagle County Land Use Regulations. c. Floor Area: The maximum floor area shall be 3,000 sq. ft.for each lot. A two-car garage shall not be counted against the maximum floor area. Basements, defined as any floor level that is 6 ft. or more below finished grade for more than 50% of the building perimeter, shall not be counted towards floor area,allowing for a walkout basement. d. Impervious Area: Building lot coverage shall not exceed 45% per lot. Total impervious area shall not exceed 60%per lot. e. Building Envelopes and Setbacks: Building envelopes shall be platted with the final plat in accordance with the following setback requirements: i. Front Yard Setback: 30 ft. (from the property line adjacent to the Highway 6 right-of-way) ii. Internal Side Yard Setback: 5 ft. or a minimum of 10 ft. between exterior walls of structures. Lot 1D is required an east side yard setback of 12.5 ft. iii. Stream and Rear Yard Setback: 9 ft.from the rear property line. This setback also applies to the building footprint,foundations, along with any excavation necessary for foundations and footers. Within this setback,only native vegetation is permitted and no permanent irrigation is allowed. This area shall be maintained as a natural landscape buffer and shall not be allowed to contain sod or turf grasses. Drainage swales and pipes may be installed in this area to direct runoff to the designated stormwater pond located in Tract B. The allowable native species are further identified in Section VIII.Table 1. iv. Additional Building Envelope Standards: Roof overhangs may extend beyond the building envelope up to 18 inches. Driveways, retaining walls, landscaping, landscape berms, walkways, sidewalks, paths may occur outside of building envelopes, except as further restricted by Section 4.e.iii Stream and Rear Yard Setback. f. Parking: 3 spaces per unit,with minimum of 2 enclosed spaces. The third space may be partially or wholly located on an adjacent lot within Planning Area 1, within the driveway and parking area easement. g. Irrigated Area: Each lot shall be limited to a maximum of 1,900 sq. ft. of permanently irrigated area. In addition,the common area shall be allowed an additional 260 sq.ft. of permanently irrigated area (primarily for the entry.) Temporary irrigation is permitted to establish landscaping, but can only be used for a maximum of 2 growing seasons after which it shall be removed. B. Planning Area A: Eagle River(Tract A) 1. Description: Tract A is approximately 30,527 sq.ft. :. . 3 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 2. Permitted Uses: Planning Area A shall exist in its natural habitat, allowing for appropriate restoration of the river and river banks when necessary. Non-native plantings or permanently irrigated landscaping is not permitted. Pedestrian access is allowed in a single footpath not exceeding 3 ft. in width following a route which minimizes disturbance and formed of generally natural, pervious materials, as shown on the landscape plan attached as Exhibit B. 3. Ownership: Tract A shall be owned and maintained by the Kudel PUD Homeowners Association. C. Planning Area B: Open Space(Tract B) 1. Description: Tract B is approximately 8,581 sq.ft. 2. Permitted Uses: a. Utilities, including stormwater management b. Fencing c. Landscaping d. Landscape berms e. Passive recreation uses VII. Architectural Guidelines The overall intent of the architectural guidelines are to ensure homes that blend as much as possible with the surrounding natural landscape and to insure building materials and colors that are compatible with the neighborhood. Trash: All trash shall be stored within garages or trash structures and within wildlife proof containers. Snow Storage and Management: The project provides areas for snow storage. The property shall meet the minimum snow storage area required by the current Eagle County Land Use Regulations. Snow removal and management of all driveways and sidewalks, including the sidewalk located in the CDOT right-of-way, shall be performed under the direction of the Homeowner's Association. Roofs: Roof color and materials shall be non-reflective. Cedar shakes are not permitted. Exterior Wall Materials: Siding may be metal (vertical or horizontal), masonry, cementitious board or panel, wood, stucco, or natural or cultured stone with color palette of natural earth tones. Exterior Lighting: All exterior light fixtures shall be dark sky compliant fixtures. Lighting must also comply with Section 4-250 of the Eagle County Land Use Regulations. Fire Suppression Requirements: Each single-family residence is required to have a residential fire sprinkler system pursuant to the requirements of Eagle River Fire Protection District. Sustainability: 4 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-005C3CBAFD80 Each unit is required to include solar readiness rough-in for future solar incorporation. In addition, each unit is required to include a dedicated circuit and/or panel capacity to support Level II electric vehicle charging. Other opportunities for incorporating sustainable practices are encouraged, including but not limited to: • Installation of roof-mounted solar panels • Xeriscape landscape design Fencing: Fencing is not permitted between units to allow adequate area between buildings for ladder staging in case of fire. Fencing is only permitted along the front property line within property boundaries, and is subject to the requirements of the Eagle County Land Use Regulations. Additional Architectural Design Guidelines may be adopted by the developer or a future homeowners association but in no case shall be less restrictive than what is proposed within these Guidelines. VIII.Landscape Guidelines and Wildlife Measures All disturbed areas shall be restored or landscaped. The minimum tree and plant sizes shall be in accordance with Eagle County Land Use Regulations. Wildlife Mitigation Measures: The following wildlife mitigation measures shall be adhered to: 1. Utilize bear-proof dumpsters for any garbage that is generated at this location. Furthermore, use bear-proof containers for trash during the construction period and prohibit workers from leaving food or other bear attractants onsite; 2. Prohibit construction workers and contractors from bringing pets on the work site; 3. Shield and direct all lighting fixtures downward to minimize light pollution on adjacent wildlife habitats; 4. Construct fences in a wildlife-friendly manner that eliminates the chance of entanglement and impalement of wildlife attempting to jump fences. Avoid pointed pickets and strands of wire at the top of perimeter fencing;and 5. Prohibit fruit, nut, and berry producing trees and shrubs in landscape designs. The Stream Setback in Planning Area 1 and Planning Area B (Tract B) shall be re-established to a native state and only include the following native species unless otherwise approved by the Community Development Director: Table 1: Recommended Streamside Shrub Planting Scientific Name Common Name Cornus sercea Redosier dogwood Juniperus communis Common juniper Juniperus scopulorum Rocky mountain juniper Rosa woodsii Woods rose Populus tremuloides Aspen Potentilla cinerea Potentilla Prunus virginiana Chokecherry Prunus pumila Sand cherry Table 2: Forbs to include with Native Grass Seed Mix Scientific Name Common Name Achillea millefolium Common yarrow Symphyotrichum spathulatum Western mountain aster r :;,. :im-. . 5 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 IX. Signs Residential Signage: One project entry monument and sign shall be permitted, located at the entrance to the community within the PUD boundaries. It shall not exceed 32 sq.ft. and the maximum height shall not exceed 8 ft. Other signs: All other signs shall be regulated per Eagle County Land Use Regulations. X. Water, Sewer, and Water Rights The PUD will be located within the Upper Eagle Water Authority and Eagle River Water and Sanitation District (ERWSD) for water and wastewater (sewer) treatment. Inclusion to these Districts shall occur prior to approval hearing for the Final Subdivision Plat. An Ability to Serve Letter will be provided to Eagle County prior to the approval hearing for the Final Subdivision Plat. In order to reduce the overall demand and impact on this water resource, the Kudel PUD shall adhere to an indoor and outdoor water usage budget goal as negotiated with the Upper Eagle Regional Water Authority and as provided below: Kudel PUD Indoor Total Demand Limits ''k4 ' � � '-:'`3.z Use per 10.9 9.8 10.9 10.5 10.9 10.5 10.9 10.9 10.5 10.9 10.5 10.9 127.8 SPE(40 Totat 60.76 54.88 60.76 58.8 60.76 58.8 60.76 60.76 58.8 60.76 58.8 60.76 715.4 "Based on 3S0gal/SFE-day Kudel PUD Irrigation Meter-Total Demand Limits Giai1 ni 20,000 33,000 36,000 30,000 N 20,000 4,000 139,000 "Based on April 2020 ERWSD Water Demand Worksheet Water Quantity Measures: Indoor water fixtures and outdoor irrigation fixtures will use the latest technologies and will be water use efficient fixtures, as provided in EPA Water Smart criteria for appliances and fixtures. This will reduce water needs for the project and to reduce water rights expenses as well. Final water requirements and limitations will be determined by the Upper Eagle Regional Water Authority(UERWA)and owner. Irrigation Plan and System Requirements: The purpose of this section of the PUD guide is to establish requirements related to outdoor water use efficiency requirements if the irrigation system is connected to Authority's treatment system and not connected to a raw water irrigation system. Adjustments to the Irrigation Plan and System Requirements must meet the water efficiency goals and be approved by the UERWA. Outdoor Water Use by Month for the Kudel PUD: The Authority recognizes that new plant installations and revegetation of disturbed native areas will require additional irrigation application for establishment that will exceed the outdoor irrigation budget amounts in the first two growing seasons. 6 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Documentation: The following documentation is required for the Kudel PUD. The Authority and County reserves the right to conduct audits as deemed necessary. Audits will be conducted if there is any indication that the criteria have not been followed. The Irrigation Documentation Package: The Irrigation Documentation Package shall include the following four(4) elements: 1. Project information a. Date of Submission b. Project contacts for the project applicant, landscape and irrigation system installer, and property owner c. Project address(to be included following final plat) d. Total irrigated area (square feet)each for both permanent and temporary areas. 2. Applicant signature and date with statement, "I agree to comply with the requirements of the Kudel PUD Irrigation Plan and System Requirements Section of the PUD Guide and submit a complete Irrigation Documentation Package". 3. Landscape Design Plan with Soil Information a. All applicable soil criteria and standards shall be noted on the landscape design plan. b. A soil analysis report and associated information shall be provided if the project applicant chooses to appeal the standard soil amendment criteria. 4. Irrigation Plan Compliance with the Irrigation Documentation Package: Prior to construction,Authority and/or County shall: 1. Review the Landscape and Irrigation Documentation Package submitted by the project applicant. 2. Approve or deny the Landscape and Irrigation Documentation Package. 3. Issue a building permit or approve the plan check/design review for the project applicant. Prior to construction,the project applicant shall: 1. Submit a Landscape and Irrigation Documentation Package to the Authority and the County. 2. Receive the authorization to proceed from the Authority and the County. After construction and prior to the issuance of the Certificate of Occupancy, the Authority and/or the County shall: 1. Conduct an inspection and review the irrigation audit report at the request of the applicant to ensure compliance with the approved plans. Irrigation Plan Requirements: This section applies to landscaped areas requiring permanent irrigation. To ensure the efficient use of water, the irrigation system shall be designed, installed, operated, and maintained in accordance with best management practices outlined in current edition of Landscape Irrigation Best Management Practices by the Irrigation Association and the American Society of Irrigation Consultants. Irrigation Plan Contents: The Irrigation Plan,at a minimum,shall contain: 1. A scaled plan showing property lines, easements, existing or proposed structures, impervious surfaces,and existing natural features; 7 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 2. Location and size of the point of connection to the water supply and meter location(s) along with static water pressure at the point of connection to the water supply and dynamic water pressure for proper system operation; 3. Installation details for each of the irrigation system components: 4. Location, type and size of all components of the irrigation system, including, backflow preventer, smart irrigation controllers, main and lateral lines, manual valves, remote control valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators; 5. An irrigation legend showing the type of irrigation components; 6. Specification sheets including, at a minimum,the following information shall be provided for each type of irrigation component: 7. Flow rate (gallons per minute), application rate (inches per hour), design operating pressure (pressure per square inch)for each irrigation zone; 8. Information demonstrating that all irrigation emission devices meet the requirements set in the American National Standards Institute (ANSI) standard,ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard" authored by the American Society of Agricultural and Biological Engineers and the International Code Council must also be submitted. 9. Clear indication of separate irrigation system zones; 10. Hydrozones must be clearly indicated; 11. Installation legend showing the quantity and type of plant; 12. Required irrigation application rate for each type of plant; 13. Clear indication of all temporary above ground irrigation components and zones. Irrigation System and Planting Installation Requirements: Irrigation System Design Requirements 1. Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. 2. All sprinkler heads installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard. 3. The landscape and irrigation design shall prevent water waste resulting from inefficient landscape irrigation on existing landscapes by prohibiting runoff from leaving the target landscape due to low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. 4. Each remote control valve shall irrigate a hydrozone with similar microclimate, soil conditions,slope,and plant materials with similar water demand. 5. Relevant soils information such as soil type and infiltration rate shall be utilized when designing irrigation systems. 6. Narrow or irregularly shaped areas, including turfgrass areas, less than eight feet in dimension in any direction shall not utilize overhead sprinkler irrigation. 7. Slopes greater than 25% shall not use sprinklers with an application rate exceeding 0.75 inches per hour unless irrigation designer specifies an alternative design or technology and clearly demonstrates no runoff or erosion will occur. 8. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plants and soil type within that hydrozone. Individual hydrozones that mix high and low water use plants shall not be permitted. Minimum pop-up height for sprinklers in turfgrass areas shall be four inches. 9. Check valves or anti-drain valves are required on sprinkler heads where low-point drainage could occur. 10. Low flow irrigation system shall apply irrigation water via point source emitters, dripper lines, microsprays and/or bubblers as appropriate for any mulched planting areas for any vegetation that will exceed 12 inches mature height. 8 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 11. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. 12. Temporary above ground irrigation to reestablish native vegetation of disturbed areas shall be on separate zones from permanent irrigation system. 13. Temporary Irrigation shall be physically removed after two growing seasons. Required Irrigation System Components: 1. Backflow prevention devices shall be required to protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. 2. Manual shut-off valves shall be required to minimize water loss in case of an emergency or routine repair at the following locations: • As close as possible to the point of connection of the water supply • On sections of larger systems to isolate zones 3. Dedicated landscape water meter(s)shall be installed. 4. Smart irrigation controllers labeled by U.S. Environmental Protection Agency's Water Sense Program or with published reports posted on the Smart Water Application Technologies website. • If a flow meter is used,then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. • Controllers should be programed to adhere to the Authority's most current outdoor water use schedule. • Sensors that detect rain, freeze, wind, and soil moisture shall be installed with the capability to alter irrigation system operation as appropriate for Edwards, CO climatic conditions given unfavorable weather conditions or when sufficient soil moisture is present. • Pressure controls and appurtenances to meet the required operating pressure of the emission devices within the manufacturer's recommended pressure range for optimal performance. Irrigation System Maintenance and Management: Irrigation management includes planning water use, monitoring water use and verifying that equipment is maintained and properly adjusted for optimal performance. As the landscape matures, adjustments to the system shall bein harmony with the original intent of the irrigation design. Scheduling of irrigation events shall match the needs of the plants to maintain health, appearance and meet the function of the landscape. Irrigation systems shall be maintained to ensure proper operation and function for water use efficiency. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation scheduling shall be regulated by smart irrigation controllers that utilize evapotranspiration data or soil moisture data. If operation of the system is not in accordance with monthly irrigation limits, Kudel PUD will perform an irrigation system audit and implement recommendations as necessary to meet limits. Irrigation System Verification: Proper installation of the landscape and irrigation system shall conform to the Irrigation Plan approved by the Authority and County. Testing of the irrigation system will be completed by the Authority and/or the County and will require an Irrigation System Audit prior to issuance of a Certificate of Occupancy.The following Documentation is required: 9 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 1. All Irrigation System audits shall be conducted by a third party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person or company who installed the irrigation system. 2. Theproject applicant shall submit an irrigation audit report to the Authority and the County. The irrigation audit report may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming. 3. The Authority may administer programs that include, but not be limited to, irrigation water use analysis, irrigation audits,and irrigation surveys for compliance with the Water Budget. Soil Criteria: Soil Amendment: 1. Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be a sandy loam to a depth of at least 6 inches (6") containing at least 5 percent (5%) organic matter by volume. 2. Tree soil shall have a minimum depth of 3 feet (3') or shall be a minimum planting hole diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil layers shall be sandy loam. The top soil shall be at least 6 inches (6") and have 5 percent (5%) organic matter by weight and subsoil shall have at least one to three percent(1-3%) organic matter by weight. 3. A minimum of four (4) cubic yards of organic matter soil amendment per one-thousand square feet of landscaped area shall be required as necessary to meet or exceed the 5 percent(5%)organic matter specification. 4. Soil amendment organic matter shall consist of either Class I and Class II compost. Soil Preparation: 1. Amendment shall be tilled to a minimum depth of six inches(6"). 2. Site shall be graded to within two-tenths of a foot(2/10th')of the grading plan. 3. Site shall be free of rocks and debris over one inch (1")diameter in size. 4. Site shall be free of dirt clods over three-quarter inch (3/4") diameter in size. Dryland seed areas may contain dirt clods up to two inch(2")diameter in size. 5. Stockpiling - Stripping and stockpiling of indigenous soil (topsoil) shall be required during construction. The replacement of this soil, plus additional soil amendments, are critical to successful plant material establishment, ongoing health, and efficient use of water through the life of the project. 6. All applicable soil criteria and standards shall be noted on the landscape design plan.Written verification of approved soil amendment type and volume is required. Projects with inadequate soil amendment and preparation will not be approved. Soil Inspection: 1. Soil inspections prior to installation of plant material may be conducted by the County and UERWA as deemed necessary and shall include a review of adherence to all criteria and performance standards. 2. Written documentation reflecting approved volume and type of soil amendment, such as compost delivery batch tickets, is required upon inspection. Organic Mulch: 1. Shall be applied at one (1) cubic yard per eighty (80) square feet at a depth of four (4) inches,and as appropriate to each species. 10 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 2. Shall be applied to the soil surface, not against the plant stem or high against the base of trunks to minimize disease. 3. Organic mulch material includes bark and wood chips. Avoid mulch consisting of construction debris such as pallets. Inorganic Mulch: 1. Inorganic mulch includes rock,gravel, or pebbles. 2. Rock mulch shall have a minimum depth of two inches(2"). • Xl. Ownership, Control, and Subdivision A homeowners association (HOA) or other similar governing body shall be created and may impose additional restrictions and limitations. All common area shall remain in the ownership of this HOA or other public agency acceptable to Eagle County. XII. Maintenance The HOA will be responsible for maintenance of all common areas, including Tract A and B. The HOA will be responsible for maintenance of the path on Planning Area A (Tract A),4Wh'ich will be established by a easement with the final plat The HOA will be required to enter into an agreem ;to perform any work required under CDOT Maintenance Agreements for any landscaping, sidewalks, etc. in*die CDOT right-of-way. The HOA will be responsible for the maintenance and snow removal of the sidewalk from the development to the adjacent bus stop. XIII. Phasing and Public Improvements All subdivisions improvements shall be completed in one phase. Building permits may be issued for individual lots at various times and concurrent with completion of any subdivision improvements. No Certificate of Occupancy may be issued until all subdivision improvements have been completed. XIV.Amendments, Modifications, and Deviations Minor deviations to the PUD may be approved by the Planning Director in accordance with Eagle County Land Use Regulations. Amendments or major modifications to the PUD Preliminary Plan or PUD Guide shall be processed in accordance with the Eagle County Land Use Regulations. XV. Vesting This Preliminary Plan is vested for a period of five (5) years from the date of approval of the implementing resolution. Upon approval of a final plat for the property and installation of the subdivision improvements, the PUD shall be fully vested in perpetuity. i.'.•,.r=g, 11 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 XVI. Execution PUD GUIDE EXECUTION: IN WITNESS WHEREOF, Eagle County and the Developer have executed this PUD Guide as of Date effective: 10/13/2020 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY COLORADO \ Imo, DocuSigned by: /S/ ..1 (4_A1 .LLtr—duan' 86A681FFEB84403... Kathy chandler-Henry CHAIRMAN ye 'AGO coG�t ATTEST: �l► DocuSignedby:�¢.,, /S/ r .A. V`brIhitAl, c6tORP0 F D82F246896440... Regina o'Bri en , CLERK& RECORDER KUDEL DEVELOPMENT, LLC [ 4iLr DocuSigned by: Is! B309B91A80A84DF... Steve MacDonald , MEMBER 12 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Exhibit A: Kudel PUD Planning Area Map 1 4 0(1)1110'10J`AINI1103 alova 43 fl d IdEDIllird-man)] '111.uraaamion 9 siapliva CIHSOd011d 2'6 — 0 En1 ,-1 E a <'t :Cst CI.3 e—I \ e 46 12 .L°\ eh' \ ....... •••—•—•—• CO CO CO :. 1:-. '.'.4-3 '‘: • '7 \ ,t-•;1 .• t!--""'"°'---- 110 OD O.° C C C S ‘.,q11' C C C CO CO CO ;- '.. (1 , ,": .. • i- •--1 , '',„ ,: ''':',. :-,;\,k '-, '''- -§t! - - -•• •,' lk' .1 i ; i'' '' ' : — •• : ;:f.! i .',. •:' --7: ml ‘,,,,,, ,..; - \- --11 M \ ....__,,,....._. ,, ,,,,: ‘;.v, \ l' \ „, 1 's \ '`., ,,i 1 --. l'• . '.14::\.k , j 1 li 1 '•4 :,,. Al ui 6 ' N. t„, \ 1 \ ‘ s \ E !i ' . \ ; E2\ •=..i \ I 13 DocuSign Envelope ID:2FBE10EO-F9BD-4607-8E40-0C5C3CBAFD80 Exhibit B: Kudel PUD Landscape Plan «.7. , o _' 'l��f1 tg$, AI qt Edo F. a i • ( IE `\ - ., aa11,__ _ . 1311f ,1, €t 643 I i,' '` i mi f j16 leg ; II ll lililitli I7 q p \ �iH , m _ —_moi . ko 3 � . , ifll�if.l- 0 ii0 !! ��9 b 6 Fl d,\' `, ', i�ii 11 i � - .. \ ,,s p A`0 1'' C 1 o(!J l li a i lilt i H gl \ , !-1- 11 g--�,iT• t1 - _,� 6JIJ is i� ' 112; 4 I !f#1p ; a .- 3' i11laiii;5, A : : 1pp2F 'P ai� aqSI g D d ="I/ a'' b1 Al i \ II \ =:fj - \ _, \\ \'`, 7) 1 1 1 1 1 H e\ , 1 \ ; ; i � I ' . 1 1 1 la i ; t �� \ j \`k., WI \ � \ :.� '', \ \ . p , \ / L, 1,I \ i '\ 14 cri (TS CL) o 6 6 o y a) co v) t▪� 0. z a )4 O -O , v r y 'O •� E bA V •3 •• cu N a' to,c a) .g 0 et ,,T, O 6 E ▪ � . a °� E a ea a, ca, -0 ' cu 0 cu '„ Ts o G = •o bz Wa) O u :.. • ct C W ., .N 4 O ,W CD ›.1 $.. o "1:$ o ' 0 c tS..;; O Q vOi ^ < FsQ E iC c+'n Ov !AW J CD a bA a) 1 .4 a z" O 5. t.-.1a y O W 0 a1 O w CA V1 S: A z._ w E a. yN ar.'▪ O 5-. co .� N Z O s. 0 v w n O A o E L▪ wr) o co CP C p0., � rei O Ni E w E 0 awOW '-c w `--'\ \ w O O Q A wro o ca cC a 6. d' O d' l0 M V) .0 a)\ 'J 3 O O G.7 — L 171:1H 0 E aL ) a� cc W w w E ,--, O O N L WO �bA3 E u w v a� a4 a� aA o v' 5 = 5 = CD 71. �a .Q � m ;;a Lc. Oo T, E � "0oO iU ci o oo = • J. o O e--1 w W N W ci''n w U ' oLf) N O Lf) O N 73 N — Lf) O 6 .., :' >:' r1 O NI Cr) LIQ r•1 N r1 N N. 1-4 s-. W -m----.d w" cc r 0 Co C13 CU bA o ft y L. ° ° .° co U �-+ 3-i L. a, m u_ �O Qi 0 LL. Lr1 c4 6 71-9 CU w E o a v, cn w ./) E w - cal 03 cct o m E xcri x x - .0 . a, Ncv cu a) 0.0 0 m c LL c rn N 3 0 O a