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HomeMy WebLinkAboutR95-100 amendment to Development Area D, Arrowhead at Vail PUDt Commissioi..,r ( moved adoption ^, of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- AM APPROVAL OF AMENDMENT TO DEVELOPMENT AREA D, ARROWHEAD AT VAIL PLANNED UNIT DEVELOPMENT FILE NO. PD- 119 -95 -A WHEREAS, on or about April 4, 1995, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail \Arrowhead Inc., (hereinafter "Applicant ") for amendment of the Arrowhead At Vail Planned Unit Development, Development Area D, Eagle County, Colorado (hereinafter the "PUD"), File No. PD- 139 -95 -A; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of.amending the Overall Development Plan for Development Area D and PUD Guide.as described in Exhibit A; and WHEREAS, public notice was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), in accordance with the Amended and Restated Guide to the Planned Unit Development Plan for Arrowhead At Vail, Section IV. Modification; and WHEREAS, at its public meeting held June 21, 1995, the Planning Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public hearing of July 11, 1995, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: ; 1. The proposed amendment to the Arrowhead At Vail Planned Unit Development is consistent with the efficient development and preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting.upon or across the street from the PUD or the public interest. 3. The proposed amendment does not solely confer a special benefit upon any person. 569805 B -673 P -789 08/16/95 11:20A PG 1 *OF 55 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 M -- %I N Commissioner G2&2 moved adoption of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95- /00 APPROVAL OF AMENDMENT TO DEVELOPMENT AREA D, ARROWHEAD AT VAIL PLANNED UNIT DEVELOPMENT FILE NO. PD- 139 -95 -A WHEREAS, on or about April 4, 1995, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail \Arrowhead Inc., (hereinafter "Applicant ") for amendment of the Arrowhead At Vail Planned Unit Development, Development Area D, Eagle County, Colorado (hereinafter the "PUD"), File No. PD- 139 -95 -A; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the Overall Development Plan for Development Area D and PUD Guide as described in Exhibit A; and WHEREAS, public notice was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), in accordance with the Amended and Restated Guide to the Planned Unit Development Plan for Arrowhead At Vail, Section IV. Modification; and WHEREAS, at its public meeting held June 21, 1995, the Planning Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public hearing of July 11, 1995, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Board finds as follows: 1. The proposed amendment to the Arrowhead At Vail Planned Unit Development is consistent with the efficient development and preservation of the entire PUD. 2. The proposed amendment does not affect in a substantially adverse manner either the enjoyment of the land abutting upon or across the street from the PUD or the public interest. 3. The proposed amendment does not solely confer a special benefit upon any person. 4. That the proposed zoning is consisten- with the Master.Plan. 5. That the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 6. That the advantages of the use requested outweigh the disadvantages. 7. That there is evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. 8. That the area for which the rezoning is requested has changed to such a degree that it is in the public interest to encourage a new use or density in the area. 9. That for the above stated reasons, the proposed zoning is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Vail \Arrowhead Inc., for amendment of the Arrowhead At Vail Planned Unit Development be and is hereby granted. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, State f Colorado, at its regular meeting held the day of 1995, nunc pro tunc to the 11th day of July, 1995. _ ,�_ 0 d'4 .i-- �R�iDO � By: ara J. Fish &r Clerk of the Board of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Thro Its BOARD OF COUNTY COMMI-S-SIONERS s E. Soh,-Oh, Jr v l - By: hnnette Phillips, Commissioner By: .2",, z 4 ±.f;2 George /A. Gates, Commissioner 2 Commissioner 9L&4-1-:2 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by 3 —0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN Arrowhead at Vail 11 July 1994 �� w l is � ax-r A ARROWHEAD AT VAIL AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN FOR ARROWHEAD AT VAIL 11 July 1995 I. PURPOSE On June 30, 1983, the Eagle County Board of County Commissioners (the "Eagle County Commissioners ") authorized the Arrowhead Planned Unit Development (the "Arrowhead PUD ") by Resolution No. 83 -52, and approved the Arrowhead at Vail Planned Unit Development Plan as defined below, pursuant to the Eagle County Land Use Regulations then in effect and pursuant to the Planned Unit Development Act of 1972, C.R.S., 1973 (the 'Planned Unit Development Act "). On November 1, 1993, the Eagle County Board of Commissioners approved certain amendments to the Arrowhead at Vail Planned Unit Development by Resolution 93 -128. This Amended and Restated Guide to the Arrowhead PUD (the "Guide ") amends and restates, in its entirety, and supersedes the previously approved Guide to the Arrowhead PUD. The purpose of this Guide is to set forth additional amendments to the Arrowhead PUD to be incorporated into this Guide. The Arrowhead PUD authorizes a total of 2,025 Dwelling Units and 197,000 square feet of Commercial Space on a parcel of land in Eagle County, Colorado. Development within the Arrowhead PUD is administered by the Eagle County Department of Community Development based on provisions contained within this Guide. Building construction within the Arrowhead PUD is governed by the Eagle County Building Resolution as amended from time to time. Arrowhead at Vail hereby makes, declares and establishes the following limitations, restrictions, and uses upon and of all real property contained within the subdivision as a Planned Unit Development Plan (PUD Plan), running with the land and binding upon all future owners of a part of the land within the subdivision, so long as these restrictions and this PUD Plan shall remain in effect: H. DEFINITIONS As used herein, the following words and terms shall have the following meanings: 1. Arrowhead Metropolitan District. Quasi - municipal district formed pursuant to the Title 32, 1973 C.R.S., as evidenced by Court Order dated July 16, 1981, creating such district. The Arrowhead Metropolitan District may be hereinafter referred to as the "District." ARROWHEAD AT VAM AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 2. Arrowhead PUD. The Arrowhead PUD is a zone district authorized by the Eagle County Commissioners on June 30, 1983 pursuant to the Planned Unit Development Act as amended from time to time, and contains all the property to be developed by Grantor in Sections 3, 9, 10, 11, 14, 15 and 22, Township 5 South, Range 82 West of the Sixth P.M. in Eagle County, Colorado, commonly known as Arrowhead at Vail, described in Exhibit A and as amended from time to time. Association. A. Arrowhead Association The term shall mean the Arrowhead at Vail Association formed and incorporated to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions, and restrictions contained in this PUD Plan with regard to all lands within the PUD other than within Bachelor Gulch Village or in any amendments as hereinafter provided. B. Bachelor Gulch Village Association The term shall mean the Bachelor Gulch Village Association formed and incorporated to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions, and restrictions contained in this PUD Plan as they pertain to Bachelor Gulch Village or in any amendments as hereinafter provided. 4. Building Coverage. Means the total area of a lot covered by building or buildings, measured at the ground surface. Building coverage is measured from outside of all exterior walls at ground level and shall include stairways, fireplaces, covered parking and walkway areas, porte - cocheres, and all cantilevered building areas. In effect, it is the area that is covered by building(s) and does not include roof overhangs, unenclosed walkways, usable areas under above -grade decks, or similar extensions. It excludes uncovered decks, porches, patios, terraces and stairways less than 30 inches high. 5. Building Coverage Ratio. Building coverage ratio means the relationship of building coverage to the area of the lot which is free from water bodies or the 100 -year floodplain (referred to in Eagle County as the "net developable area "), expressed as an arithmetic ratio. 6. Building Height. Building height means: A. For lots with an average slope of less than 30 percent: The distance measured vertically, from the finished grade at any given point to the top of a flat roof, or mansard roof, or to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed, or similar pitched roof, and measured to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village where the height regardless of roof slope shall be calculated to the mid - point. ARROWHEAD AT VAM 2 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN B. For lots with an average slope of 30 percent or rg e, ater: The distance measured vertically from the finished grade at any given point along each of the principal sides of the structure to the top of a flat roof, or mansard roof, or to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed, or similar pitched roof, and measured to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village where the height regardless of roof slope shall be calculated to the mid - point. The measurement of one side may exceed the maximum building height allowable for the zone in which the building is located by a maximum of fifty (j0) percent. Building Setback. Also referred to as building envelope, the area prescribed by an imaginary line extending across the full width of a lot, parallel with the street right -of -way line or property line. No principal building or structures shall be constructed in the area between the street or property line and the building setback line known as the building setback area. Commercial Space. Commercial Space is any area which may be used, rented or leased for the purpose of generating retail business or consumer services with the intent of producing a financial profit. Commercial Space is measured from the inside of finished walls and shall include offices and storage spaces contiguous with the primary area but does not include auxiliary storage in remote areas. A. Except as specifically provided below, Commercial Space includes, but is not limited to: (1) Business and professional offices (2) Retail specialty and gift shops (3) Restaurants (4) Banks (5) Barber and beauty shops (6) Laundromat/dry cleaning (7) Shoe repair (8) Automobile repair and service (9) Tavern (10) Cinema (11) Clothing stores (12) Department stores (13) Beverage stores (14) Furniture stores (15) Hardware stores (16) Food stores (17) Real estate sales offices (18) Resort services including any areas for operations of the Arrowhead development (18) Ski rental and sales stores (19) Skier cafeteria ARROWHEAD AT VA11_ AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN B. The following uses will not be considered Commercial Space: (1) All residential and lodging facilities (except for areas used specifically as enumerated under subparagraph A above), including, but not limited to: (a) Employee housing (b) Condominiums (c) Lodges (d) Duplex residences (e) Primary/secondary . esidences (f) Single- family residences (g) Townhouse residences (h) Caretaker unit, within or attached to a primary single - family residential unit (i) Bed and breakfast lodges (2) Meeting rooms (3) Banquet rooms (4) Educational classrooms (5) Cultural facilities including, but not limited to: (a) Churches (b) Museums (c) Performance theaters made available for live performances of artistic merit (6) Recreational facilities or athletic facilities including, but not limited to: (a) Health spas (b) Swimming pools (c) Sports courts (d) Equestrian facilities and horse operations (e) Golf club maintenance and operations facilities (f) Tennis maintenance facilities and locker rooms 9. Declaration. Means and refers to the Declaration creating Protective Covenants, Conditions, Restrictions and Easements for Arrowhead at Vail as adopted and from time to time amended for the various filings, also referred to as "Covenants." 10. Design Guidelines. Guidelines for the development of privately -owned lots within Arrowhead at Vail adopted by the Arrowhead Design Review Committee or for Lower Bachelor Gulch Village adopted by the Lower Bachelor Gulch Design Review Committee which, among other things, interpret or implement the provisions of this PUD Plan and the Arrowhead Declarations of Protective Covenants. 11. Design Review Committee. A group of five persons who shall be responsible for the administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines. The Arrowhead Design Review Committee shall be selected pursuant to Article 6 of the Arrowhead Declaration creating Covenants, Conditions and Restrictions. ARROWHEAD AT VAIL AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (a) Within Arrowhead at Vail, excluding Lower Bachelor Gulch Village a group of five persons who shall be responsible for the administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines. The Arrowhead Design Review Committee shall be selected pursuant to Article 6 of the Arrowhead Declaration creating Covenants, Conditions and Restrictions. (b) Within Lower Bachelor Gulch Village, a group of five persons who together with the Bachelor Gulch Village Association shall be responsible for the administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines as set forth in the Bachelor Gulch Village Declarations creating the covenants, conditions, and restrictions. 12. Development Areas. A lot or lots or tracts to which PUD Plan provisions may apply. The names of the development areas and lots and tracts that comprise them are contained in Section XI of the PUD Plan. 13. Development Area Plan. A plan for proposed construction and physical alteration of a subarea within Arrowhead at Vail that is required by certain of the Development Area Restrictions (Section XI of this document). Said plan shall be subject to approval by the County Commissioners according to the procedures as outlined. It shall typically identify the general layout of buildings, parking and other uses to scale, at a preliminary design level suitable for public review, but not at the level of detail typically associated with final design or construction documentation. 14. Dwelling Unit. One or more rooms occupied by one family or group of people living independently from any other family or group of people and having not more than one indoor cooking facility which is limited to the use of the one family. For purposes of density calculations, lodge or studio units shall be counted as dwelling units in Arrowhead at Vail. The following terms shall expand and clarify the definition of Dwelling Unit: A. Duplex Structure. 'A duplex structure consists of two Dwelling Units within a single architecturally - integrated structure. A duplex is also referred to as the "two- family" structure and in the Arrowhead Design Guidelines. as a "primary/secondary" structure. If the property is re- subdivided, each of the units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. The secondary unit must be smaller than the primary unit when measured in total floor area, with the specific sizing requirements of primary /secondary structures determined through the Design Guidelines. The secondary unit must also be integral with the architecture of the primary unit. For purposes of Dwelling Unit definition, each residence counts as a Dwelling Unit, thereby counting as two Dwelling Units per structure. , Within Lower Bachelor Gulch Village, a primary/secondary structure consists of two Dwelling Units within a single fee simple estate: one primary unit and one secondary unit. The secondary unit can be no more than 25% of the Gross Residential Floor Area of the Primary/Secondary Structure, must be integral with the architecture of the primary unit, and cannot be subdivided or separately conveyed or transferred in ownership. ARROWHEAD AT VAIL 5 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN B. Condominium. A condominium is defined as any group of rooms created as a fee simple estate in a defined air space within a multi -unit property. For purposes of Dwelling Unit definition, only condominiums which are considered residential condominium units shall be counted as Dwelling Units. The residential condominium will not have more than one kitchen and all rooms will be interconnected through doors or foyers. Within a residential condominium, any bedrooms that connect by doorways directly in the living room, dining room, kitchen or entry foyer are considered part of a single Dwelling Unit. These rooms may "lock -off' from the remainder of the suite with direct access to a corridor or outside entry but would still be considered part of the residential condominium Dwelling Unit, provided that the condominium will have not more than two lock -offs and one kitchen per Dwelling Unit. For the purpose of this document, two lock -offs will mean that the Dwelling Unit may be divisible into not more than three separately occupiable rooms or suites, whether including the kitchen or not, and shall be counted as three dwelling units for purposes of density calculations. (See Appendix C for an illustration of typical lock -off units.) C. Cabin. A residential structure designed to be a free - standing unit for occupancy on a short-term basis, providing a rustic resort experience. A cabin may have limited staff and be occupied by groups of unrelated individuals for a nightly or weekly resort lodging experience. Cabin units are not permitted to be re- subdivided or condominiumized. For purposes of Dwelling Unit definition, each cabin counts as a Dwelling Unit. D. Chalet. A residential structure designed to be a free - standing unit for occupancy on a short-term basis. Chalet units are to be built in areas designated on the PUD Plan with a unified architectural theme. If chalet sites are re- subdivided or condominiumized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transferred independently. For purposes of Dwelling Unit definition, each chalet counts as a dwelling unit. 15. Golf Course Tract. A tract within the subdivision which can be used solely for the conduct of the game of golf and related golfing activities or to utilities infrastructure; provided, however, other recreational activities such as hiking, jogging and fishing may be approved under certain circumstances by the golf course owner. Horseback riding is prohibited within this tract. A golf course tract may have constructed thereon buildings such as shelters, toilets, pump houses, pipe systems, and other accessory 'structures related to the game of golf or to service the ski development. _ 16. Gross Commercial Floor Area. The total floor area within the enclosing walls of commercial buildings, including closets, service areas and interior walls within the units, but excluding balconies, hallways, corridors, stairwells, garages, and service areas outside the commercial building enclosures, and uninhabitable heating or mechanical or equipment areas. 17. Lodge Unit. A unit which is designated, intended, or used for the accommodation of tourists, transients, and permanent guests for compensation. Provision may be made for cooking in lodge units, provided all applicable building codes have been met. If lodge units or lodge unit sites are re- subdivided or condominiumized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transferred independently. ARROWHEAD AT VAIL AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 18. Impervious Coverage. Means the portion of a lot covered by materials forming any unbroken surface impervious to water, including: buildings, streets, driveways, parking lots, and other impervious materials. 19. Landscaping Tract. A tract within the subdivision which may remain in its natural and undisturbed state or may be landscaped with grasses and plant materials. 20. Lot. A lot within Arrowhead at Vail. 1. O ep n Space Tract. A tract within the subdivision which can be used solely for recreation uses such as bicycling, hiking, cross - country skiing, and equestrian activities. An open space tract may have constructed thereon structures associated with such uses including, but not limited to, maintenance facilities and a ski touring or equestrian center. 22. Owner. Any individual, corporation, partnership, association, trust or other legal entity or combination of legal entities, which is the record owner of an undivided fee simple in one or more of the lots or tracts, except as specifically limited hereinafter. 23. Parking Setback. The area described by an imaginary line extending across the full width of a lot, parallel with the street right -of -way line or property line. No parking lots or spaces shall be permitted in the parking setback area. 24. Parking Spaces. Parking spaces are areas designed for the parking of automobiles that use the following size requirements: twenty percent (20%) of the parking spaces in the Arrowhead PUD may be sized for compact cars with a minimum space dimension of 8' x 17'; the remaining 80 percent of the spaces are required to be not less than 10' x 20' if in an uncovered location, and 9' x 19' if covered. 25. Planned Unit Development Map. Maps contained in the PUD Plan illustrating certain requirements contained in the PUD Plan. 26. Planned Unit Development Plan. Documents created for the purpose of establishing development requirements for Arrowhead at Vail, also referred to as the PUD Plans. 27. Residential Floor Area. Floor area means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls, including but not limited to, lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets, and storage or utility /mechanical areas; and not including basements, garages or areas designed for parking or loading within the building. 28. Ski Area Tract. A tract within the subdivision which can be used solely for recreation uses such as skiing, bicycling, hiking, equestrian, and outdoor cultural activities such as concerts. A ski area tract may have constructed thereon structures associated with such uses, including but not limited to, ski mountain restaurants, maintenance facilities, lifts, yurts, cabins, and a ski touring or equestrian center. 29. Subdivision. Shall mean a parcel of land within Arrowhead at Vail which has been shown on a final and recorded subdivision plat pursuant to 1973 C.R.S. Sec. 30 -28 -101, et. seq., as the same may be amended from time to time. ARROWHEAD AT VAIL 7 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 30. Yurt. Shall mean a flexible walled structure, with or without cooking and sanitary facilities, designed for short-term use and limited occupancy in locations specified on the PUD Plan. III. GENERAL PURPOSES This PUD Plan is made for the purpose of creating development controls that supersede and are in addition to the provisions of the Eagle County Zoning Resolution. The Plan is intended to further the purposes of the Eagle County Zoning Resolution, specifically the Planned Unit Development District, and to create and keep Arrowhead at Vail insofar as possible, desirable, attractive, beneficial and suitable; and to guard against fires and unnecessary interference with the natural beauty of the subdivision, all for the mutual benefit and protection of the owners of the lots in the subdivision. IV. MODIFICATION The procedure for modifying or amending this Planned Unit Development Plan shall be as follows: 1. Substantial Amendments. No substantial modification, removal or release of the provisions of the PUD shall be permitted except upon a finding by the County following a Public Hearing called and held in accordance with the provisions of 1973 C.R.S., Section 24- 67- 104(1)(E), as amended, that the modification removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. For purposes of meeting the public notice requirement established by Section 24- 67- 104(1)(E), the term "adjoining landowners" shall mean all owners of real property within the PUD as well as owners of land abutting upon or across the street from the PUD. At the time of application for a substantial PUD Amendment, the applicants, Arrowhead at Vail or its agent(s) shall provide mailing labels for adjoining land owners in a format suitable for use for public notification. Adjoining land owners shall be given written notice delivered or mailed first class, postage prepaid, at least 15 days prior to either the Planning Commission or the Board of County Commissioners meeting, at which such modification, removal or release is considered; except that in the case of condominium owners, notice may be given to the condominium owners association. Each of the following shall be considered a "substantial modification removal or release" of the provisions of the PUD. A. Any increase in the total number of dwelling units or commercial space allowed within the PUD. B. Any change in zone classification of any land within the PUD, unless specifically outlined in Section IV. C. Any removal or release of any land from the PUD. D. Any other matter which the Commissioners determine is a substantial modification, removal or release. ARROWHEAD AT VAM AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 2. Other Amendments. Any modification, removal or release of provisions of the PUD which is not a "substantial modification, removal or release" may be adopted after a public hearing, written notice of which has been placed in a newspaper or general circulation in Eagle County at least 10 days prior to the Planning Commission meeting, and at least 30 days prior to the Board of County Commissioners meeting. Said notice shall state the general nature of the proposed modification, removal or release, and the dates of both the Planning Commission and County Commissioners hearing. 3. In considering an amendment to the PUD Plan, the Board of County Commissioners shall follow the procedures for the PUD Preliminary Plan review; provided, however: A. Application for modifications may cover only those areas of Arrowhead at Vail affected by any proposed change. B. The Board of County Commissioners may waive any Preliminary Plan requirements upon a showing by the applicant that Preliminary Plan requirements have been met previously. 4. Minor Modifications. Subject to the provisions set forth below, minor modifications in land use may be authorized by the Eagle County Zoning Administrator without requiring an amendment to the Arrowhead at Vail PUD. Minor changes which may be authorized by the Eagle County Zoning Administrator include the following: A. Land use changes not to exceed 10,000 square feet to conform to the land use of property immediately adjacent to it; provided, however, that written consent of the Arrowhead at Vail Design Review Committee has been obtained. Any decision by the Eagle County Zoning Administrator may be appealed in writing within 30 days after such decision. B. Amendments to the currently approved Arrowhead at Vail Signage Master Plan or Bachelor Gulch Village Signage Master Plan; provided, however, that written consent of the Arrowhead at Vail Design Review Committee, or in the case of the Bachelor Gulch Village Signage Master Plan, the Bachelor Gulch Design Review Committee has been obtained. If the Zoning Administrator determines that the proposed changes are of sufficient magnitude to warrant a public hearing, said hearing may be required and conducted in the manner of Section IV.2 (Other Amendments) above. 5. Unless otherwise noted in Development Area Restrictions which follow (Section XI), building permits or final plats that are consistent with the approved Arrowhead at Vail Preliminary Plan shall be processed by Eagle County without a requirement that the site development plans be resubmitted for review by the Planning Commission or County Commissioners. 6. It is contemplated that the Arrowhead at Vail development will be subdivided in multiple filings. This Plan is designed to address development controls in the entire Arrowhead development, but it should be expected that the provisions contained in this Plan will be refined, and as a result, changes will occur in subsequent recordings of the PUD Guide. ARROWHEAD AT VAIL 9 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN Buyers of lots or tracts in Arrowhead at Vail should be aware that requirements more restrictive than those contained in the PUD Guide Plan may be imposed as a result of the Declaration or Design Guidelines that are recorded separately for Arrowhead at Vail. The most current Design Guidelines for a particular filing should be consulted prior to formalizing development plans for construction at Arrowhead at Vail. V. EFFECT OF EAGLE COUNTY LAND USE RESOLUTION The provisions of Chapter 2 of the Eagle County Land Use Resolution and the successors thereof, as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not inconsistent with the provisions of this PUD Plan. VI. CONFLICT If there is any conflict between the provisions of the PUD Plan and the provisions of the Eagle County Land Use Resolution, or any other ordinances, resolutions or regulations of Eagle County, the provisions of this Plan shall prevail and govern the development of Arrowhead at Vail. VII. DEVELOPMENT PHASING AND DWELLING UNIT AND COMMERCIAL SPACE REPORT IN CONJUNCTION WITH FINAL PLATS Any project may be constructed in phases, provided that there is compliance with the development standards and requirements applicable to each such phase and any phases previously completed. Each final plat submitted for County approval shall be accompanied by a running summary of commercial area and total number of dwelling units platted and dwelling units remaining for the Development Area being platted and the project as a whole. VIII. DENSITY STANDARDS The number of dwelling units permitted in any Development Area shall apply to the entire Development Area and may be clustered without regard to maximum densities; provided, however, that no requirements contained herein for floor area ratios, building coverage, GCFA, height or setbacks shall be violated. ARROWHEAD AT VAIL 10 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN IX.. USES All lots and tracts in the subdivision shall fall within the following Development Areas: DESIGNATION OF DEVELOPMENT AREA VILLAGE AREA BACHELOR GULCH VILLAGE F.11 A Al Al A2 A2 B B C D F H H H I I J K L N P FILINGS AS OF AUGUST 31. 1994 12 13 12 12 20 The Greens 19 22 11 11 10 17 Unpi atted 16 21 15 21 Unplatted 10 Filing 21 LOT OR TRACT DESCRIPTION Lot 1 A, Phase I Lot 1B Lot 2 Lots 1 -3, 6 -10, 12, 14 -21 Tracts D, E, F Lots 1 -10, 18 & 19 Lots 1 -8, 11 Lots 26 -47 Lots 1 -43 Lots 1 -22 Tracts A, B, C Lots 1 -16 Lots 22 A &B Lots 1 -22 Lots 1 -7 Subareas 1&2 Lots 16 -36, 40 Lots 1 -34 Lot 4 Lots 1 -14, 38, 39 Lot 1 Tract A Tracts F & K Tracts G & H Tract J Lots 2, 3 The Development Areas are mapped and labelled on the attached PUD Map Exhibit, a part of the PUD Plan. Open Space Recreation Open Space Wildlife Village Core Multiple Family /Cluster Homes Mountain Lodges Community Facilities Single Family Residential Single Family Primary /Secondary Residential ARROWHEAD AT VAIL Tracts A, B, X, Z, CC,XX Tract ZZ Tracts C, D, E, F, G Tracts H, I, J, K, L, M, N,O,p,R,S,T V Tract W, U, Y'YY Tract P Lots 77 -111 Lots 48 -76 11 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN X. APPROVAL OF CONSTRUCTION PLANS 1. No building or other structure shall be constructed, erected or maintained on any lot, nor shall any addition thereto or alteration or change therein be made until complete plans and specifications have been submitted to the County of Eagle and by it approved in writing, as evidenced by issuance of applicable County of Eagle building permits. In a number of instances the requirements of this Amended and Restated Guide are less restrictive than the requirements of the Arrowhead Design Guidelines and the Bachelor Gulch Village Design Guidelines. This is by design* the more restrictive provisions of the Design Guidelines will be used for the Arrowhead or Bachelor Gulch Village review. The provisions of this Guide must be met in order to receive an Eagle County building permit. The following general restrictions shall govern construction on any lot or tract: A. Building nd Parking Setbaqks. There are no minimum setbacks except as i enti ie in the Development Area Restrictions (Section XI), and except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live, streams. Setbacks apply to buildings only. Additional building and/or parking setbacks may be specified in the Arrowhead at Vail and Bachelor Gulch Village. Design Guidelines. These Guidelines will be enforced respectively by Arrowhead at Vail and Bachelor Gulch Village and not by Eagle County. B. Parking Requirements., Parking spaces shall be rovided according tote standards contained in section XI of the PUD Plan describing the Development Area Requirements. No temporary certificate of occupancy shall be issued for dwelling units in the planned unit development until such time as parking has been completed sufficient to serve that increment of development under construction and ready for occupancy. Parking for all uses may be provided on a separate lot and at a distance of greater than 200 feet from the use, provided an acceptable plan which guarantees the availability and accessibility of the parking is approved by the Eagle County Commissioners in accordance with the procedure outlined in Section IV.2. Upon approval of an acceptable parking plan for a subarea within Arrowhead at Vail, subsequent development requests that utilize parkingg that is consistent with the plan shall not require additional Commissioners' approval; provided, however, an annual update showing parking as constructed and required shall be presented to the County Commissioners in written form. C. L ndsc in . Owners and their representatives or builders will e required quired to: (1) Submit with all building permit applications a landscape plan to include trees to be removed, prepared by a landscape architect or similarly qualified person. (2) Use existing or natural drainage paths whenever possible. ARROWHEAD AT VAIL 12 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (3) Conserve and protect topsoil, rock formations, trees, significant vegetation areas and unique landscape features. D. Access Vision Reguirements. At points of intersection of roads in Arrowhead at Vail, there shall be an uninterrupted line of vision from such intersection points for a distance of 150 feet of the length of the road in either direction from such intersection points; provided, however, this distance shall be 800 feet at points of Intersection with U.S. Highway 6. E Irrigation eau ire en s. In order to retain the character of the su 1vision, certain irrigation ditches will be maintained within the development for the maintenance of open space. Certain ditches will cross private lots within dedicated easements. The Arrowhead Metropolitan District will be granted the right to maintain these ditches within said easements. Irrigation ditch easements, when necessary, shall be shown on the final plats for Arrowhead at Vail. F. Sj2ecial Use Pe t. The purpose of a Special Use Permit is to allow certain permitted uses in addition to Uses By Right in a given land use desi nation. A Special Use Permit may be authorized by the agle County Commissioners without requiring an amendment to the Arrowhead at Vail PUD pursuant to the provisions of this section. A Special Use Permit requires submission of an application therefor to the Eagle County Commissioners followed by two public hearings (one before the Eagle County Planning Commission and one before the Eagle County Commissioners), notice of which (1) has been laced in a newspaper of general circulation in Eagle County, Polorado, at least 10 days rior to the Planning Commission meeting and at least 30 days prior to the Eagle County Commissioners' meeting= and (2) has been sent by first class mail at least 15 days prior to the hearing before the Planning Commission, to (a) each owner of property, any boundary of which is within 500 feet of any boundary of the proposed Special Use Permit site, and (b) any entity or person who is a then current property owner within the Arrowhead at Vail PUD who has previously filed with the Eagle County Department of Community Development a request to receive notice of any Special Use Permit application. Such notices shall state the location and general nature of the Special Use Permit and the dates of both the Planning Commission and Eagle County Commissioners hearings. Such Special Use Permit shall be reviewed by the Eagle County Commissioners and will be approved If the Eagle County Commissioners find that: (1) The proposed use is not materially inconsistent with other existing uses in the area. (2) There is no potential material adverse effect of the proposed use on the character of the adjacent neighborhood or Arrowhead at Vail. (3) Access to and from the site of the proposed use is adequate. (4) Water and sanitation service for the site of the proposed use is adequate. ARROWHEAD AT VAIL 13 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (5) The physical arrangement of the proposed improvements on the site of the proposed use is appropriate. Any decision by the Eagle County Commissioners relating to a Special Use Permit may be appealed in writing within 30 days of such decision. G. S i n s. Signs must conform to the then - current Comprehensive Sign Plan for Arrowhead at Vail or Bachelor Gulch Village as approved by Eagle County Department of Community Development. (See Appendix D.) XI. DEVELOPMENT AREA REQUIREMENTS The following specific restrictions shall govern construction in the Development Areas: 1. Development Area A - Village /Ski Area Development Zone. A. Uses. (1) Sin le, two - family and multiple - family dwelling units an lodge units. (2) Commercial space consistent with the needs of a ear -round recreation resort, including but not limited to, retail sales, offices, restaurants and lounges /taverns, and indoor recreation. (3) Outdoor recreation improvements, including but not limited to, tennis courts, ice skating facilities and arenas, swimming pools, golf course improvements, and ski lift terminals. (4) Resort services necessary to support Arrowhead at Vail, including but_ not limited to, convention space, meeting rooms, service, receiving and storage space, and recreation and administration. (5) Parking lots and structured parking, below and above (6) 6rade, with or without fees. utdoor recreation activities, including but not limited to, hiking, picnicking, jogging, bicycling, ski touring, skiing, and equestrian activities. (7) Automobile service stations with or without repair facilities. (8) Day care center. Community building. �9) 10 station. MFire Warehouse or storage accessory to a permitted use. B. Density. (1) Units: 595 units to be a mixture of unit types consisting of lodge /studio, multiple - family, and single - family. (2) Commercial /retail /restaurant /office space warehouse: maximum of 64,120 GCFA. (3) CCoo space in lodges: maximum of 25,000 s.f. FAmercial (4) Golf /athletic club: Maximum of 40,000 s.f., not including restaurant, which is included in the 132,000 s.f. of GCFA shown above. ARROWHEAD AT VAIL 14 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN C. Parking. (1) Multiple family units: 1.5 spaces /unit. (2) Employee housing units: .6 spaces /person design of occupancy. (3) Lodge /accommodation units: 1.0 spaces /room. 5 MRetail commercial: 1 space/300 s.f. Restaurants: 1 space/4 seats until 400 units exist at Arrowhead; thereafter, 1 space /20 seats. (6) Lounges: 1 space /8 seats until 400 units exist; thereafter, 1 space /20 seats. (7) Office: one space /400 s.f. 8 Services, maintenance and recreation: requirements are flexible; service areas to be shown on Development Area Plans. (9) Ski facilities: to be determined by formula illustrated in Appendix A. (10) Golf club: 20 spaces to be identified for summer use from the designated ski area parking. D. Maximum Building Height. Forty -five foot maximum except in Height Exception eview Areas, where greater height will be permitted subject to review at the time of the Development Area Plan review. Hei ght Exception Review requests will be evaluated using the architectural requirements contained in the Design Guidelines and shall follow the review procedure for the Development Area Plans. E. Additional Review of Develo m nt Re guests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed upon applications, as described in Section IV.2 of these regulations, and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 2. Development Area Al. A. Uses. (1) Multiple two- and single- family residential units. M Indoor recreation building and outdoor improvements. Accessory structures. Outdoor recreation improvements including but not limited to tennis courts, ice skating facilities and arenas, swimming pools, and golf course improvements. (5) Outdoor recreation activities, except equestrian use. (6) Parking lots and structured parking, below and above ground, with or without fees. (7) Pump or well houses or other utility related structures. B. Density. (1) Units: Maximum of 50 units. C. Minimum Residence Size Re uirements. The minimum building size of residence shall excee , 00 s.f. residential floor area. ARROWHEAD AT VAII- 15 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 45 percent or a total of 55 percent coverage by impervious materials. E. Parking. (1) Multiple family units: 1.5 spaces /unit. (2) Two- and single - family units: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (3) Employee housing units: .6 spaces /person of design occupancy. (4) Indoor recreation building(s) and accessory building(s): no requirement. F. Maximum Building Height. Thirty -five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. setback Requirements. For Eagle County review, 20 feet from ee ge ot�watc Drive road right -of -way and as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. Development Area A2. A. Uses. ((1) Multiple two- and single- family residential units. (2) Indoor recreation building and outdoor improvements. (3 Accessory structures. (4) Outdoor recreation improvements including but not limited to tennis courts, ice skating facilities and arenas, swimming pools, and golf course Improvements. �5 Outdoor recreation activities, except equestrian use. 6� Parking lots and structured parking, below and above ground, with or without fees. (7) Pump or well houses or other utility related structures. B. Density. (1) Units: Maximum of 94 units. C. Minimum Residence Size RgquireWents. The minimum building size ot residence shall exceed 1,600 s.f. residential floor area. D. uilding Coverage Ratio and Impervious Area Ratio. The uilding coverage ratio shall not exceed a maximum of 45 percent, or a total of 55 percent coverage by impervious materials. E. Parking. (1) Multiple family units: 1.5 spaces /unit. ARROWHEAD AT VAIL 16 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (2) Two- and single - family units: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (3) Employee housing units: .6 spaces /person of design occupancy. (4) Indoor recreation building(s) and accessory building(s): no requirement. F. Maximum Building Height. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Requirements. For Eagle County review, 20 feet from edge of Arrowhead Drive road right -of -way and as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 4. Development Area B. A. Uses. (1) Multiple -, two- and single - family residential units. (2) Indoor recreation and outdoor recreation improvements. (3) Community building. �4 Day care center. 5� Accessory structures. (6) Outdoor recreation activities, except equestrian use. B. Density. (1) Maximum of 94 units. C. Building Coverage Ratio and Iml2erviou§ Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 50 percent coverage by impervious materials. D. Parkine. (1) Multiple4amily units and community building: off - street parkin shall be provided based upon the current Eagle County parking standards at time of issuance of-the building permit. (2) Indoor recreation and accessory building(s): 'no requirement. E. Maximum Building ding F1 . Thirty -five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum Building Setback. For Eagle County review, 20 feet from edge of Sawatch Drive road right'-of -way and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and , flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. ARROWIWAD AT VAIL 17 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 5. Development Area C. A. Uses. (1) Two- and single - family residential units. 2 Indoor recreation building and outdoor improvements. (3) Accessory structures. 4 Outdoor recreation activities, except equestrian, use. B. Density. (1) Units: Maximum of 40 units, no more than two units per lot. C. Minimum Re§idence Sizg Re uirements. The minimum building size of residence shall exceed s.f. No lot shall have more than two dwelling units constructed upon it, and where two units are constructed, they shall be attached. D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 25 percent, or a total of 45 percent coverage by impervious materials. E. Parking. (1) Two- and single - family units: off - street vehicle parking shall be provided based upon the current Eagle County parkin gg standards at time of issuance of the building permif. (2) Indoor recreation building(s) and accessory building(s): no requirement. F. Maximum Building Height. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Reauirements. There are no minimum setbacks for Eaggzle County review, except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 6. Development Area D. A. Uses. (1) Single-family and duplex residential units. (2) Office space: intended to serve the internal needs of the Arrowhead PUD. (3) Warehouse or storage buildings for use by Arrowhead owners and tenants only. (4) Garden supply and plant materials storage and handling. �5 Automotive and vehicular repair and storage. 6� Motor freight depot and storage for use by Arrowhead only. ARROWHEAD AT VAIL 18 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (7) Contractor's yard for use by Arrowhead at Vail and Arrowhead builders and developers during the period of construction within Arrowhead. 8) Community building. 9) Fire station. 10) Underground petroleum storage. (11 ) Utility company building storage and water treatment. 12 Parking lots. 13 Equestnan facility including stable, corrals, and other commonly related equipment and facilities. (14) Accessory buildings. B. Special Uses. (1) Heliport. C. Density. Non - residential buildings not to exceed 40,000 sq. ft. gross floor area. Units: Maximum of 6 units. D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 50 percent, or a total of 80 percent coverage by impervious materials. E. Parking. Based upon the County parking standards at time of issuance of the building permit. F. Maximum Building Height. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Mi imum Buil ingSSetba�ck. Residential: For Eagle County review, 2feet trom Sawatch Drive road right -of -way, 30 feet from the designated reserve strips along U.S. Highway 6 as shown on the final plat, and sufficient --to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. Uses other than residential: For Eagle County review, 50 feet from the edge of Sawatch Drive road right-of-way, 30 feet from the designated reserve strips along U.S. Highway 6 as shown on the final plat, and sufficient to accommodate utilities, existing easements drainage, access, fire code regulations and flood plain W live streams. More restrictive provision may apply - consult Design Guidelines for specific provisions. 7. Development Area E. A. Uses. �1 Single- and two - family dwelling units. 2 Indoor recreation building. (3) Accessory structures. 4 Outdoor recreation activities, except equestrian use. B. Density. Units: maximum of 44 units; no more than two units per lot. ARROWHEAD AT VAIL 19 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN C. Parking. (1) Single- and two - family dwelling units: off - street vehicle arkin shall be provided based upon the current Eagle Count parking standards. (2) Accessory and indoor recreation building(s): no parking requirement. D. Minimum Residence Size Requirements. The minimum building size of residences shall exceed 2,500 sq.ft. No lot shall have more than two dwelling units constructed upon it, and where two units are constructed, they shall be attached. E. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent or a total of 50 percent coverage by impervious materials. F. Maximum Building Height. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Reguirements. There are no minimum setbacks for age ounty review, except as sufficient to accommodate utilities, exlsting easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 8. Development Area F. A. Uses. �1 Multiple -, two- and single- family residential units. 23 Indoor recreation building and outdoor recreation improvements. (3) Accessory structures. 4 Outdoor recreation activities, except equestrian use. 5 Pump or well houses, or other utility- related structures. B. Densit . Units: maximum of .14 two- and single - family units on 7 lots in Filing #17, and 78 multiple units, two- or single- family. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 35 percent, or a total of 60 percent coverage by impervious materials. D. Parking. (1) Multiple - family, two- and single- family housing: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (2) Indoor recreation building: no requirement. E. Maximum Building Height. Thirty -five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. ARROWHEAD AT VAII- 20 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN F. Minimum Building Setback. For Ea le County review, 50 feet along U.S. way road right- _way, Twenty feet along McCoy Creek %rive, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. G. Additional Review of evelo ment Re uests. Prior to the issuance ot a building permit in this area, or the approYal of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be rocessed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. Development Area G. A. Uses - Sub Area 1. (Sub Area 1 is defined as the area within Development Area G, east of McCoy Creek. See PUD Guide Map for an illustration.) �1 Multiple -, two- and single- family residential units. 2; Indoor recreation building and outdoor recreation improvements. (3) Common laundry facilities. 4 Community building. (5) Accessory structures. 6 Outdoor recreation activities, except equestrian use. 7 Pump or well houses, or other utility- related structures. Uses - Sub Area 2. (Sub Area 2 is defined as the area within eve opment Area G, west of McCoy Creek. See PUD Guide Map for an illustration.) (1) Outdoor recreation activities, except equestrian use. (2) Pump or well houses, or other utility- related structures. 3 Indoor recreation uses provided such uses are permitted through the Special Use review process. (4) All permanent structures in Sub Area 2 shall be permitted through the Special Use Review process. C. Density. Units: maximum of 84 multiple - family, two - family or single _ units. D. Building Coverage Ratio and ImpervioLis Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent or a total of 60 percent coverage by impervious materials. E. Paark'nn . Employee housing units: 1.2 spaces per bedroom. Parking for all other units provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. F. Maximum Building Height. Thirty -five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. ARROWHEAD AT VAIL 21 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN G. Minimum Building Setback. For Eagle County review, 50 feet rom Ig way 6 road right -of -way and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood lain of live streams. More restrictions may apply - consult Design Guidelines for specific provisions. H. Building Envelopes. Within Development Area G, no building coverage shall occur in Sub Area 2, unless approved throug the Special Use Review process. I. Additional Review of Development R guests. Prior to the Issuance of a buildingg permit In this area, or the approval of the Final Plat(s) for all or part of the Development Area that are in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 10. Development Area H. A. Uses. (1) Multiple -, two- and single- family residential units. 3 MIndoor recreation building and /or spa. Outdoor recreation improvements, including but not limited to, tennis courts, swimming pools and golf course. (4) Community building. (5) Outdoor recreation activities, except equestrian use. B. Density. Maximum of 117 units. C. Building Coverage Ratio and Impervious Area Ratio. The budding coverage ratio shall not exceed a maximum of 30 percent or a total of 50 percent coverage by impervious materials. D. Par. Off - street vehicle parking shall be provided based upon t e current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. E. Maximum Building Hei ht. Thirty -five feet maximum for Eagle County review. ore restrictive provisions apply - consult Design Guidelines for specific provisions. To permit the accurate measurement of height on Preliminary Plan lots 1, 2, 3, 4, 5, 6, 7, 8, the final plat for these lots shall show a measurement of average grade across each building site. F. Minimum Building Setback. For Eagle County review, 20 feet from the edge o Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictions may apply - consult Design Guidelines for specific provisions. ARROWHEAD AT VAIL 22 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN lei ss FaTF-be required to meet the following special requirements: (1) Lighting: No exterior light whose direct source is visible from a neighboring property or which produces excessive glare to pedestrian or vehicular traffic shall be installed. Indirect sources and horizontal cut -off fixtures are recommended to reduce glare and provide general ambient light. Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Committee. Final approval of the proposed illumination plan will be required by the Design Review Committee. Fixture colors, heights and placement shall be addressed in the illumination plan. No uplights shall be permitted in this area. No lighting of trees, residential unit facades, other site amenities, or landscape features shall be permitted unless in strict compliance with the requirements of the Arrowhead at Vail Design Guidelines that apply with Development Area H. (2) Building Materials: No reflective materials shall be used on any building in this area and mirror glass shall be prohibited. In general natural or earthtones shall be the dominant exterior wail color for all units. A range of permitted colors for units shall be provided through the Design Guidelines developed specifically for Development Area H. (3) Roof Materials: Roof materials for any building constructed in Development Area H shall be carefully chosen to reduce off -site visibility. Any shake shingle roof shall be required to be stained immediately upon application to reduce visibility and glare. (4) Xeriscape Landscapin : All lots above elevation 7,360 shall be required o use xeriscape landscaping principles. The guidelines for this landsca ing shall be addressed in the Design Guidelines for Development Area H. H. Additional Review and Subdivision Platting. Prior to the issuance of any building permits in Development Area H a final plat approval must be granted. Provided however, Development Area H may be subdivided through multiple )Tats filed in phases that do not necessarily include the entire Development Area H at one time. If in the opinion of the Planning Commission, a proposed subdivision plat is inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must formally approve development area plan changes prior to subdivision plat approval. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. ARROWHEAD AT VAIL 23 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 11. Development Area I. A. Uses. (1) Single- and two - family residential units. 2 Outdoor recreation improvements, including but not limited to, swimming pools. Tennis courts are prohibited in this development area. B. Density. (1) Maximum of 36 dwelling units, no more than two dwelling units per lot. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio s —shalt not exceed a maximum of 30 percent, or a total of 45 percent coverage by impervious materials. D. Par. Off - street vehicle parking shall be provided based upon t e current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. E. Maximum Building Hai ht. Thirty -five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum Building Setback. For Eagle County review, 25 feet from the edge of Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Front and rear setbacks vary by lot. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 12. Development Area J. A. Uses. M Outdoor recreation improvements. Outdoor recreation activities, except equestrian use. B.. Special Uses. (1) Parking lot. C. No residential units are permitted in Development Area J. D. Additional Review of Develo ment Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be rocessed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. ARROWHEAD AT VAIL 24 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 13. Development Area K. A. Uses. (1) Winter and summer recreation, including golf, ski touring, and bike and pedestrian trails. Equestrian use is prohibited. (2) Accessory structures related to golf or ski development, including but not limited to, golf shelters, on- course maintenance structures, transmission lines, etc. (3) Well or pump house or other utility - related structure. (4) Outdoor recreation improvements. B. Parking. See Development Area A for parking requirements for the Golf Club. 14. Development Area L. A. Uses. (1) Winter and summer recreation, including skiing, ski touring, hiking and equestrian activities. (2) Accessory structures related to the permitted activities, including shelters and maintenance buildings. B. Maximum Building Coverage and Number of Buildings. Maximum building coverage not to exceed s.. er building, with a maximum of six buildings in the Development Area. 15. Development Area M. A. Uses. (1) Winter and summer recreation, including skiing, ski touring, equestrian activities, tennis, swimming, bike paths and outdoor entertainment. (2) Accessory structures relate to skiing, recreation; equestrian activities including, but not limited to, mountain or other restaurants, patrol facilities, ski /snowmakin .9, maintenance facilities, lifts, tennis courts, swimming pool(s), and a touring center to be located generally in accordance with YUD General Development Plan. B. Density. Restaurants, touring facility and other buildings: no size Imitation, provided the Eagle County Planning Department approves location of all structures. C. Maximum Building Coverage. No limitation. D. Parking. No requirements; provided, however, that the parking requirements for the ski area shall be as described in Development Area A and in PUD Appendix A. ARROWHEAD AT VAIL 25 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN E. Additional Review of Develo ment Requests. Prior to the issuance of a ui mg permit In this area, or the approval of the Final Plat(s) for a l or part of the Development Area, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule as described in section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 16. Development Area N. A. Uses. �1 Bike or pedestrian trails. 2� Outdoor recreation improvements that do not affect flood water flows. (3) Bridges. 4 Equestrian use is prohibited. B. Parking. Same as Development Area A. C. Special Treatment Re uirem nts. In the upper level above the open space retail commerce lodge/studio units and accessory structures related to the lodge are permitted to cross over Development Area N at a height sufficient to pass estimated 100 -year flood flows, and in an easement to be dedicated at the time of Final Plat Review. Footings constructed under but not on top of Development Area A and improvements related to bike or pedestrian trails or outdoor recreation shall be the only construction permitted in Development Area N. At the time of building permit applications for buildings on lots that extend into or across Development Area N, landscaping plans for the area of McCoy Creek that falls within the lot proposed for development shall be provided. Said lans shall be reviewed by the Count Planning satisfactory, De Department, and if found to be satisfactory, shall be appproved. In the event they are not considered satisfactory, they shall be returned to the applicant for appropriate modifications. 17. Development Area 0 (Amended as Per Resolution 93 -53, File No. PD- 139-92-A2) A. Uses. (1) Single - family and duplex residential units. (2) Outdoor recreation activities, except equestrian use. B. Density. (1) Maximum of 2 lots /4 units. C. Building Coverage Ratio and Impervious Area Ratio. The ratio o building coverage to of area shall not exceed a maximum of 20 percent, or a. total of 35 percent coverage by impervious materials (paving, etc.). D. Parkins. Off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. ARROWHEAD AT VAIL 26 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN E. Maximum Building Hei ht. Thirty-five. feet maximum Eagle ounty review. More restrictive provisions apply; consult Design Guidelines for specific requirements. F. Minimum BMilding Setback. For Eagle County review, 25 feet from the edge of Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Building and parking setbacks within Lofs 1 -4, Filing 21, shall reflect those setbacks illustrated in the PUD and Sketch Plan dated 18 March 1993 and approved by the Eagle County Board of County Commissioners on 13 April 1993. More restrictions may apply; consult Design Guidelines for specific provisions. 18. Develol2mgnt Area - P1(Amended as per Resolution #93 -55, File No. A. Uses. (1) Multiple, single - family and two - family residential dwelling units. ((2) Accessory structures. (3) Outdoor recreation activities. (4 Ski lift and trail improvements. (5) Model units. B. Density. (1) Maximum of 78 units. • 19 on one -acre lots; 19 optional second units on one -acre lots • 6 on half -acre to three - quarter -acre lots • 34 cluster homes C. Parki . (1) Parkin for all units provided, based upon the current Eagle County parking standards at time of issuance of building permit. D. Minimum Residence Size Re uirements. The minimum floor area of any �sing e- ami y or two- ami y Iivingg unit shall be 2,400 SF. No single - family or two - family lot s%all have more than two (2) dwelling units constructed upon it, and where two (2) are constructed, they shall be attached. The minimum floor area of any cluster home unit shall be 1,800 SF. E. Maximum Residence Size Requirements. (1) One -acre single- family /two - family lots: The maximum building size for any single-family/two- family ome lot shall be 7,000 SF. In the case of a two - family building, there shall be a minimum of 500 square foot difference between the size of the primary and secondary units. (2) Half- to Three - Quarter -Acre Lots: The maximum building size for any single-family home on one -half to three - quarter -acre lots shall not exceed 6,000 square feet. ARROWHEAD AT VAIL 27 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (3) Cluster Homes: The maximum buildin size for any cluster home unit shall be 3,800 SV This area includes detached/attached garages. F. Site Coverage Ratio. (1) Single- Family and Two - Family Lots: The building cove�ra a ratio for single- family /two- family an sd Ingle= of mily lots shall not exceed a maximum of 20% or a total of 40% coverage by impervious materials. (2) Cluster Homes: The building coverage ratio for cluster homes shall not exceed a maximum of 25% or a total of 45% coverage of the entire site by impervious materials. G. Maximum Building Hei"ht. Thirty -five feet for Eagle County review. More restrictive provisions apply, based on the topographic slope of the site; consult Design Guidelines for specific provisions. H. Minimum Building Setback. For Eagle County review, 20 feet from the edge of Arrowhead Mountain Road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Additional restrictions may apply; consult Design Guidelines for specific provisions. Wildfire Protection. New roadways will provide excellent opportunities to create "fuel breaks ' within the development zones in Area P. Additionally after careful evaluation, fuel breaks may be created elsewhere as required. Disturbed slopes shall be revegetated with plant materials possessing low wildfire hazard ratings. Wildfire Protection: Within each lot maintain a "defensible space" 30 feet from all sides of each structure through fuel modification techniques that remove flammable materials next to the structure. Refer to the Area P Design Guidelines for additional more specific wildfire protection requirements. J. Special Development Re uirement for All Lots. All lots in Development Area F shall e required to meet—the following special requirements: (1) Exterior Lighting: No exterior light whose direct source is visible from a neighboring property or which produces excessive glare to pedestrian or vehicular raffic shall be installed. Indirect sources and horizontal cut -off fixtures are recommended to reduce glare and provide general ambient light. Use of other t an white or pale yellow exterior rights will require specific approval of the Design Review Committee. Final approval of the proposed illumination plan addressing fixture colors, heights and placement will be required by the Design Review Committee. Uplights shall not be permitted in this area. Lighting of trees, residential unit facades, other site amenities, or landscape features shall not be permitted unless in strict compliance with the requirements of the ARROWHEAD AT VAIL 28 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN Arrowhead at Vail Development Area P Design Guidelines. (2) Building Materials: Exterior building materials shall be fire retardant. No reflective materials shall be used on any building in this area and mirror glass shall be prohibited. In eneral, natural or earthtones shall be he dominant exterior wall color for all units. A range of permitted colors for units shall be provided through the Design Guidelines developed specifically for Development Area P. (3) Roof Materials: Roof materials for any building constructed in Development Area P shall be carefully chosen to reduce off -site visibility and to inhibit the spread of wildfire. All wood roof coverings shall be a minimum of Class "C" rated fire retardant, pressure impregnated treated. Any shake shingle or split shingle roof shall be required to lie stained immediately upon application to reduce visibility and Blare More specific requirements are contained In the Design Guidelines for Area P. (4) Xeriscape Landscaping: All residential lots shall be required to incorporate xerisca a landscaping principles. The guidelines for this landscaping shall be addressed in the Design Guidelines for Development Area P. (5) Garages: For all lots that have either single - family or duplex units constructed covered parking (garages) for at least two automobiles per. dwelling unit wilt be required. There shall be a maximum of three garage parking spaces plus storage in this development area. The guidelines for gars a design shall be addressed in the Design Guidelines for Development Area P. (6) Driveways: The length of driveways shall be minimized due to topographic conditions. Common driveways are encouraged. K. Additional Review and Subdivision Plattin . Prior to the issuance of any building permits in Developrhent Area P a final plat approval must be granted, provided, however, tfiat Development Area P ma be subdivided through multiple )Tats filed in phases that d , not necessarily include the entire Development Area P at one time. If, in the opinion of the P _ Planning Commission, a proposed subdivision plat is inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must formally approve development area plan changes prior to subdivision plat approval. This review shall be rocessed according to the schedule Imposed by Section IV.2pof this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan and the PUD Guide. ARROWHEAD AT VAIL 29 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 19. Special Requirements For Development within Bachelor Gulch: The Design Guidelines that will apply to the Bachelor Gulch area will - contain the following provisions: A. Lam' ght�i g. No exterior light whose direct source is visible from a neighboring propert y or which produces excessive glare to pedestrian or vehicular traffic shall be installed. Indirect sources and horizonal cut -off fixtures are recommended to reduce glare and provide general ambient light. Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Committee. Final approval of the proposed illumination plan will be required by the Design Review Committee. Fixture colors, heights and placement shall be addressed in the plan. No uplights shall be permitted in Bachelor Gulch. No lighting of trees, residential unit facades, other site amenities, or landscape features shall be permitted unless in strict compliance with the requirements of the Arrowhead at Vail Design Guidelines that apply within the Bachelor Gulch area. B. Buildin2 Materials. No reflective materials shall be used on any bui ding in Bachelor Gulch. In general, stone, wood or log siding shall be required as the dominant exterior wall material for all units. A range of permitted colors for units shall be provided through the Design Guidelines developed specifically for Bachelor Gulch. C. Roof Materials. Roof materials for any building constructed in races shall be carefully chosen to reduce off -site visibility. Any shake shingle roof shall be required to be treated immediately upon application to reduce visibility and glare. 20. Lower Bachelor Gulch Village - Tracts A B X XX Z CC and DD - "OPEN SPACE RECREATION" A. Uses by Right. (1) Open space, all recreational activities and facilities compatible with the valley's environment and consistent with the needs of a year -round mountain resort, including but not limited to, activities and facilities associated with alpine and nordic recreational and competitive skiing, equestrian operations, sports courts, swimming, ice skating, bicycling, fishing, bob sledding, snow shoeing, children's playgrounds, hiking, special events, outdoor entertainment, utility installations and lines; roadways and bridges; mobile food service; picnic decks and observation decks; and private club /facilities as shown in an approved P.U.D. plan. -ARROWHEAD AT VAIL 30 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (1) Hotel and lodge rooms. (2) Apartment accommodations; condominiums; and single - family primary /secondary, duplex and townhouse structures, including interval ownership. (3) Commercial space. (4) Recreational amenities and facilities consistent with the needs of a year -round resort including, but not limited to, alpine and Nordic skiing, tennis, swimming pools, sports courts, picnic decks and ice skating. (5) Resort operations space and facilities necessary for the support of the resort function including, but not limited to, conventions ace, meeting rooms, cultural facilities, receiving andpdelivery space, fire station, recreation administration, ski lifts, including gondola stations or towers. B. Set Back. No minimum except must be sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations, and flood plain of live streams. C. Maximum Buil ng Heig t. For the areas within Tract D depicted on Appendix : 55 feet, except for non - habitable architectural features such as chimneys, towers and steeples. All other areas within the Village Core: 45 feet, except for architectural features such as chimneys, towers and steeples. D. Parking Requirement. Hotel and Lodges 0.5 spaces per hotel or lodge room Condominiums 1.0 space per unit Commercial Space 1.0 space per 1,000 sq. ft. Restaurants 1.0 space per 10 seats Each specific parking requirement set forth above for any given project will carry any fractional value to the computation of the total parking requirement. Any fractional value in the total parking requirement for any given pro ect will be rounded to the next highest integer. Parking will' be provided on -site or on another site if approved by the owner of the other site. E. Density. (1) Dwelling Units: Maximum of 260 dwelling units on Tracts C, D, E, F, and G combined. (2) Commercial Space: 56,000 GCFA total with the provision that, until a lift or gondola connection from the Village Core area to a destination located to the north of the Village Core commences construction, only 34,000 sq.ft. of the allowable commercial space may be built. Upon commencement of construction of a lift or gondola connection the remaining allowable space may be built. ARROWHEAD AT VAIL 32 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN ARROWHEAD AT VAIL 23. Lower Bachelor Gulch Village - Tracts H J K L M N O R S T A. Uses by Right. (1) Multiple - family, two- family, single- family and single family primary /secondary residential dwelling units. (2) Accessory structures. (3) Indoor and outdoor recreation activities, except equestrian use. B. Density. Tract H: Maximum of 2 units Tract I: Maximum of 10 units Tract J: Maximum of 8 units Tract K: Maximum of 8 units Tract L: Maximum of 5 units Tract M: Maximum of 5 units Tract N: Maximum of 16 units Tract O: Maximum of 26 units Tract Q: Maximum of 18 units Tract R: Maximum of 12 units Tract S: Maximum of 17 units Tract T: Maximum of 14 units Tract V: Maximum of 7 units C. Parking. Parking for all units provided, based upon the current Eagle County parking standards at time of issuance of building permit. D. Buildine Coveraize Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 65 percent coverage by impervious materials. E. Maximum Building Height. Thirty -five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback Requirements. Twenty feet from main road right -of- way and sufficient to accommodate utilities, drainage, access, and fire code regulations. 24. Lower Bachelor Gulch Village - Tract P - "COMMUNITY FACILITIES" A. Uses by Right. Community buildings including without limitation a church, chapel, community park, and open space. B. Building Coverage Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 65 percent coverage by impervious materials. C. Maximum Building Height. Forty -five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. 33 0 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN D. Set�backReRecguirements. Twenty feet from main road right -of- way and sufficient to accommodate utilities, drainage, access, and fire code regulations. E. Parkins. One space per 1,000 square feet of floor area used for seating or assembly, plus two spaces for caretaker's residence if constructed. F. Density. One dwelling unit as caretaker facility. 25. Lower Bachelor Gulch Village Tracts W and U- "MOUNTAIN LODGES" A. Uses by Right. (1) Multiple - family, two - family, single - family, and single family primary /secondary, including interval ownership. (2) Bed and breakfast. (3) Lodges and hotel rooms. (4) Accessory structures.. (5) Indoor and outdoor recreation activities, except equestrian use. (6) Community buildings (7) Commercial uses. (8) Nursery and child care. B. Density. (1) Dwelling Units: Tract W: Maximum of 40 dwelling units Tract U: Maximum of 54 dwelling units (2) Commercial Space: Tract W: 2,200 sq. ft. GCFA Tract U: 3,080 sq. ft. GCFA C. PP r (1) Single - family, two - family, and multiple - family units: off - street parking shall be provided based upon the current Eagle County parking standards at time of issuance of building permit. (2) Hotel and lodge: 0.5 spaces per hotel or lodge room. (3) Restaurant: 1 space /10 seats. (4) Retail: 1 space /1,000 sq. ft. ARROWHEAD AT VAIL 34 , r AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN D. Building Covers a Ratio. The building coverage ratio shall not exceed a maximum ot 45 percent, or a total of 65 percent coverage by impervious materials. E. Maximum Building Height. Forty -five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback requirements. There are no minimum setbacks for Eagle County review, except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations, and flood plain of live streams. More restrictive provisions may apply; consult Design Guidelines for specific provisions. 26. Lower Bachelor Gulch Village - Tract Y - "MOUNTAIN LODGES" A. Uses by Right. (1) Lodge units. (2) Parking lots and parking structures, below and above grade, with or without fees. (3) Commercial space consistent with the needs of a year -round recreation resort; including, but not limited to, retail, restaurants and lounges /taverns, indoor recreation, and sales offices. B. Density; (1) 78 units. (2) Maximum commercial space in lodge: 6,600 sq. ft. GCFA. C. Parking. (1) Lodge: .5 spaces per room or unit. (2) Restaurant: 1 space per 10 seats. (3) Retail: 1 space per 1,000 sq.ft. (4) Office: 1 space per 400 sq. ft. (5) Services, maintenance, and recreation requirements are flexible. Services to be shown on Development Area Plans. D. Maximum Building Height. Forty -five feet maximum for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. 27. Lower Bachelor Gulch - Tract YY - "MOUNTAIN LODGES" A. Uses by Right. ARROWHEAD AT VAIL 35 + r AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN ARROWHEAD AT VAM (1) Chalet units, managed in conjunction with resort lodge (see Tract Y). (2) Parking area not to exceed 20 spaces. B. Density. (1) Maximum of 17 chalet units not to exceed 1;200 sq. ft. in building coverage area. C. Parking. Parking for all dwelling units provided, based upon the current Eagle County parking standards at time of issuance of building permit; provided, however, chalet parking may be provided in association with development in Tract Y. D. Building Coverage Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 60 percent, coverage by impervious materials. E. Maximum Building Height-- Thirty feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback Requirements. Twenty feet from main road right -of- way and sufficient to accommodate utilities, drainage, access, and fire code regulations. 28. Lower Bachelor Gulch Village -Lots 77 -111 "SINGLE FAMILY RESIDENTIAL" A. Permitted Uses:. (1) Single - family dwellings. (2) Ski trails and lifts. (3) Accessory structures. B. Setback. All building improvements must be contained within the building envelope as shown on the Final Plat. C. Building Height. Thirty -five feet for Eagle County review for all lots except Lots 89 -93 which shall be restricted to 28' maximum. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Density. Maximum of 35 dwelling units. 29. Lower Bachelor Gulch Villa - Lots 48 -76 "SINGLE FAMILY PRIMARY /SECONDARY RES e ENTIAL" A. Permitted Uses. (1) Single - family dwellings (2) Single - family primary/secondary dwellings (3) Ski trails and lifts 36 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (4) Accessory structures B. Setback. All building improvements must be contained within the Building Envelope as shown on the Final Plat. C. Building Height. Thirty -five feet maximum for Eagle County review except lot 68 which shall be restricted to one story plus a "walk -out basement level. More restrictive provisions may apply. Consult Design Guidelines for specific provisions. D. Density. Maximum of 58 dwelling units. E. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 25 percent, or a total of 45 percent coverage by impervious materials. XII. EMPLOYEE HOUSING The number of employee housing units to be required as a condition of approval of the Arrowhead at Vail P.U.D. will be determined based on commercial and ski development within Arrowhead. The formula for estimating the employee housing requirements within Arrowhead at Vail is contained in Appendix E. More detailed documentation of the employee housing plan and requirements may be found in the "Arrowhead Preliminary Plan," August 31,1993. Arrowhead at Vail will provide direct employee housing assistance to house approximately 20 percent of the total employees working in the development. The first 34 units required to be developed to meet Arrowhead at Vail housing requirements, as calculated by the formula in Appendix E, shall be offset by credits obtained by Arrowhead at Vail's participation In the Lake Creek Development (Resolution #93 -77). Additional units may be required as a result of commercial or ski development that, measured through the formula in Appendix E, create employee housing demands that exceed the 34 units credit. Additional units In excess of the credits, should they be required, would be interspersed in Arrowhead at Vail or elsewhere in Eagle County. Units will be In a variety of sizes and price ranges to accommodate differing lifestyles and Incomes. Formalized commitments to employee housing and construction will be phased according to schedules to be submitted at the time of filing final plats containing commercial uses or expanded ski development. XIII. FIREPLACE AND WOOD STOVE CONTROL 1. Definitions. A. Wood Burning Device. An appliance or structure designed for or capable of burning wood, including a conventional open -hearth fireplace or wood stove. This does not include cookstoves, furnaces, or boilers. B. New Technology Device. A wood burning device that meets or exceeds the emissions standards for certification of Phase II appliances identified by the Environmental Protection Agenc in Federal Regulation 40 CFR Part 60, as amended (this includes most pellet stoves. C. Common Areas. Areas associated with commercial or multiple family buildings which are intended for public gathering, such as lobbies, lounges, entries, patios, decks, etc. 2. Within Arrowhead At Vail, The Requirements For Wood Burning Shall Be As Follows: A. One new technology device per dwelling unit in a single family and duplex dwelling units. An unlimited number of gas burning devices shall be permitted. ARROWHEAD AT VAIL 37 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN B. Wood burning devices are not allowed in multiple family dwelling units. An unlimited number or gas burning devices shall be permitted. C. One new technology device is allowed in the common area of a building containing multiple family dwelling units. D. One new technology device per building containing commercial and industrial uses(s); or, alternatively, one conventional open -hearth fireplace per building which contains a lodge use and must be placed within a common area. E. Buildings with wood burning devices in existence on the effective date of this regulation shalt be allowed to replace existing wood burning devices with new technology devices. All existing wood burning devices shall be permitted to continue to be used unaffected by these regulations. XIV. RECORDING Upon approval by the Eagle County Board of County Commissioners, the PUD Plan will be recorded with the Clerk and Recorder of Eagle County, Colorado. XV. ENFORCEMENT If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for the Board of County Commissioners of Eagle County, Colorado, or (i) with respect to areas other than Bachelor Gulch Villa e, the Arrowhead Association or the Arrowhead Design Review Committee or (ii) with respect to %chelor Gulch Village, the Bachelor Gulch Village Association or the Bachelor Gulch Village Design Review Committee, to bring any proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, together with reasonable attorneys' fees, for such violations. XVI. SEVERABILITY Invalidation of any one of the provisions of this instrument by court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. By: Chairman Board of County Commissioners Eagle County, Colorado By: Arrowhead at Vail ARROWHEAD AT VAIL 38 APPENDIX A Calculation of Ski Area Parking Requirements Day Skiers = (Mountain comfortable capacity (at any point in time) — (Dwelling Units Existing x 3 (persons /unit) x 85% (skier use from within Arrowhead on any given day) Day Skiers /3 Persons Per Car = Day-skier parking required Mountain Employee Parking = Employees on any day /1.1 persons per car Day Skier + Mountain Employee Parking = Ski Area Required Parking Lw •ea �„ moo e APPENDIX C LOCK -OFK UNIT ILLUSTRATION X�d4l�L� Dr- pacmt T7r=d 4o%�—aF�r Ulf r% Y to 0 MNMWMER WORNMO-0 Lw� I rr,� 4" "d = Do Ul RESOLUTION OF TIE EAGLE COUNTY TITLE SETTING BOARD WHEREAS, Colorado Revised Statutes require the Eagle County Title Setting Board to set the ballot title for questions referred to the County electorate; and WHEREAS, the Board has considered the measures contained in Resolution No. 95 -95 and Resolution No. 95 -101 which have been referred to the voters to consider in the November 1995 election; and WHEREAS, the Board has considered the requirements of statutes including §1 -40 -101 and §1 -40 -106 and the requirements of the Colorado Constitution. NOW, THEREFORE, BE IT RESOLVED: THAT, the Eagle County Title Settingr Board set the title for the ballot measure referred to in Resolution No. 95 -95 to be as set forth in Exhibit A attached hereto and made a part hereof by reference. And be it further resolved that the Eagle County Title Setting Board set the title for the question referred to in Resolution No. 95 -101 to be as set forth in Exhibit B attached hereto and made a part hereof by reference. MOVED, READ AND ADOPTED by the Eagle County Title Setting Board this 22nd day of August, 1995. F.qXGLLE COUNTY TITLE SETTING BOARD 1 P i ips, Co ssioner V E. Jo s , Jr. ommissioner Clerk & Recorder r \title.aut TITLE: SHALL SALES TAX BE INCREASED $3,200,000 ANNUALLY FOR MASS TRANSPORTATION PURPOSES, EXCLUDING AIR, BY THE ADDITION OF ONE -HALF OF ONE PERCENT SALES TAX WITH TEN PERCENT OF ALL REVENUE COLLECIED DEDICATED TO BIKE PATHS; AND SHALL THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY BE GRANTED AUTHORITY TO LEVY THAT SAME ONE -HALF OF ONE PERCENT SALES TAX THROUGHOUT THE COUNTY FOR PURPOSE OF FINANCING, CONSTRUCTING, OPERATING OR MAINTAINING A MASS TRANSPORTATION SYSTEM WITHIN THE COUNTY WITH THE PORTION OF THE ONE -HALF OF ONE PERCENT SALES TAX COLLECTED WITHIN THE BOUNDARIES OF PRECINCT 7 (BASALT) AND PRECINCT 8 (EL JEBEL) USED FOR THAT PART OF EAGLE COUNTY; AND SHALL EAGLE COUNTY BE ENTITLED TO COLLECT AND SPEND THE FULL REVENUES FROM SUCH TAX INCREASE REGARDLESS OF WHETHER THE ANNUAL REVENUES FROM SUCH TAX INCREASE IN ANY YEAR AFTER THE FIRST FULL YEAR IN WHICH IT IS IN EFFECT EXCEED THE ESTIMATED DOLLAR AMOUNT STATED ABOVE AND WITHOUT ANY OTHER LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF ANY OTHER REVENUES OR FUNDS BY EAGLE COUNTY, UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO r \title2.que SHALL EAGLE COUNTY, WITHOUT ANY INCREASE IN THE PROPERTY TAX MILL LEVY OR SALES TAX RATES, BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND ALL REVENUES AND OTHER FUNDS COLLECTED DURING 1994 AND EACH SUBSEQUENT YEAR NOTWITHSTANDING ANY STATE LIMITATIONS INCLUDING THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, (COMMONLY KNOWN AS THE TABOR AMENDMENT)? YES rVang NO 1