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HomeMy WebLinkAboutR95-156 zone district amendment for Northstar Center PUDOn commissioner -- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE STATE OF- COLORADO RESOLUTION NO. 9, A IN•RE THE NATTER OF THE APPLICATION OF The Edwards Interchange Limited Partnership For APPROVAL of a ZONE AMENDMENT and the- c PR''LIMINARY PLAN for the W o Northstar Center .PLANNED UNIT DEVELOPMENT xo - FILE NO: PD- 330 -95 -P er WHEREAS, on or about May 1. 1995 the County of Eagle, State `" $,, of Colorado, accepted for filing an application submitted by Ths o � Edwards Interchange Limited Partnership (hereinafter "Applicant ") k for approval of a Zone District Amendment and the Planned Unit U Development Preliminary Plan for the Northstar Center Planned V-40 W. Unit Development, File No. PD- 330 -95 -P for the parcels of land 0 described in Exhibit A attached hereto and incorporated herein by this reference; and w WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a 2 -sheet c set of drawings titled " Preliminary. Edwards Interchange M J Commercial Center by Hairabedian. AI A dated April 1, 1995 and a 13-sheet set of drawings titled " Northstar Center by Johnson. N 0 Kunkel and Associates Inc dated Anil 6. 1995 and received by 1�1 Eagle County Department of Community Development on May 1. 1995 � � and approved by the Board of County Commissioners (hereinafter to "the Board ") on July 18. 1995 and as further described in the w Northstar Center Planned Unit Development, PUD Guide, dated September.15. .1995 and received.by Eagle County Department of a Community Development on October 10. 1995 and approved by the Board on by way of this Resolution and o4) WHEREAS, public hearings were held by the Board July 18, 1995, and w WHEREAS, based on the evidence, testimony, exhibits, study of the Master-Plan f or_..the .unincorporated areas of Eagle County, o comments of the Eagle County Department of Community Development, co Cd comments of public officials and agencies, the recommendation of incr� the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. O II, Pursuant to Section 2.18.02(3) of the Regu ations, the Board makes the following findings in its review of the Northstar Center PUD Preliminary Plan: (a) -The Preliminary Plan is in general conformance with the Northstar Center Sketch Plan and conditions of approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and sa'gnificant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Edwards Sub -Area Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the Edwards area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate; safe, and convenient arrangements for pedestrian and vehicular.circulation, off - street parking and loading space. (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. -2- of 6 (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial, recreational and educational .facilities conveniently located to residential housing. (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. IV. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total'25$ of the site area. (b) Residential density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (d) Architecture Each structure in the Planned Unit Development has been designed-in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. -3- of 6 M (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Report submitted is adequate. 2. The information and conditions of Sketch Plan have been - addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: (a) The rezoning is consistent with Edwards Sub -Area Plan; the area physical and other environmenta with characteristics of the use advantages of the use requested disadvantages. _ the Master Plan and the possesses the geologic., 1 conditions compatible requested; and the outweigh the (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of 4 dwelling units.' Such units shall be generally located in the.areas depicted in the Preliminary Plan and as further restricted in the approved Northstar Center Planned Unit Development PUD Guide, dated September 15, 1995 -4- of 6 attached as Exhibit B. The conditions which must be met prior'to Final Plat approval are as follows: 1. The employee housing as provided is sufficient for this development; 2. The PUD Guide shall include an employee housing program that includes residency and employee status verifications. Additionally, it shall contain restrictions that assure the use of the 4 dwelling units as employee housing; 3. Drainage concerns per the County Engineer's memo dated June 14, 1995, must be addressed and submitted with the Final Plat; 4. A geotechnical engineering study must be reviewed and approved by the County Engineer prior to-Final Plat approval. This study is to demonstrate that the undocumented fill on the site will permit construction as proposed by conventional means; S. A flatter grade must -be provided through the reverse curve in the main driveway or it must be heated to alleviate access difficulties due to wintertime icing; 6. The Sketch plan condition requiring an.engineering report concerning the condition, carrying capacity and maintenance of the Berry Creek 78" CMP as it runs through the property shall be reviewed with the Final Plat per the County Engineer's memo dated June 14 1995; 7. Utility companies must provide letters, prior to final plat approval, stating that they will provide service and approve of the design plans per the County Engineer's memo dated June 14, 1995; S. The access issues identified by the County Engineer in the memo dated June 14, 1995, must be addressed and resolved by the submittal of the final plat; 9. The off -site landscaping agreement with CDOT shall be recorded; 10. The PUD Guide shall be modified as discussed in the July 18, 1995, hearing and shall be subject to further Board of County Commissioner review. THAT, the Northstar Center Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24 -68 -101, et seq. THAT the Board hereby directs the Department of Community Development to enter this amendment,on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. The Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its -5- of 6 F , meeting held the day of nuns pro tunc the 18th day of _ July—, 1995. ATT: El`sW, B COUNTY.OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS George,X. Gates, Commissioner d � BY: ohnnette Phillip Commissioner Commissioner /''�. �n 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. aLl This Resolution passed by -{>} vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -6- of 6 Clerk of the Board of Cr Commissioners r i 1 i THE NORTHSTAR CENTER =� J PLANNED UNIT DEVELOPMENT GUIDE ocr 10 1995 (Revised 9/15/95) Y a A PURPOSE To provide for the Edwards area a community and highway interstate shopping center which will include home improvement related uses. B. USES BY RIGHT: 1. General Retail Establishments wherein products are displayed, inventoried, leased, and sold in a typical store environment, including but not limited to those for sale of a. Food o. Lighting Fixtures and supplies b. Beverages P. Garden and Landscaping C. Floor Coverings supplies d. Furniture q. Office supplies e. Hardware r. Auto Parts and supplies f. Appliance S. Home Accessories g. Lumber Yard and Business t. Music\Audio Equipment (including office space) (including tapes & CD's) h. Wall Coverings U. Book Store i. Cabinets V. Sporting Goods/Dry Goods j. Plumbing Fixtures W. Photographic Supplies k. Cookware X. Art Supplies 1. Art Y. Bakery/Delicatessen M. Pharmaceuticals Z. Video Arcade n. Jewelry aa. Video Rental (not to exceed 1200 square feet) I. Light assembly, manufacturing, and preparation of products in association with the Uses by Right listed above is allowed, and is restricted by the following: i. Products custom made by hand and/or assembled by hand are allowed. Value added assembly is also allowed. Assembly, manufacturing and preparation of products using automatic mechanical devices (i.e., those which function without continuous input from an operator) is prohibited. 1 t 4 THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE ii. All mechanical or machinery oriented work shall be performed within a building. iii. No visual emissions/air contaminants other than steam. iv. Minimal use of hazardous chemicals. V. Imperceptible site noise, odor, or vibration generation. II. Light assembly, manufacturing, and preparation of products in association with the above listed Uses By Right shall be located only on the lower level of Building 2 as shown on the approved site plan. All other Uses By Right and approved Special Uses shall be allowed in this location as long as other site requirements are met. C. 2. General and Personal Service Establishments including but not limited to: a. Any businesses associated e. Mortgage Loan Office, with home improvement concept Banks, and other Financial b. Restaurants Offices C. Real Estate Offices/Property f. Health/Fitness Center Management g. Tourist Services d. Travel Agency h. Artist Gallery/Studio 3. General office space. 4. Outside storage limited to that normally associated for a Lumber Yard and as further delineated on, the approved project site plan. 5. Employee Housing Units. SPECIAL USES 1. General Retail Establishments including but not limited to those for sale of a. Laundry/Dry Cleaner - b. Auto Washing Facility 7 C THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE 2. General and Personal Service Establishments including but not limited to: a. Community Facilities b. Educational Facilities C. Public Facilities d. Convenience Store D. PERFORMANCE STANDARDS 1. All purchasers, leaseholders, occupants, or users of space within the project are required to follow the regulations imposed herein. 2. All permanent structures shall be constructed in accordance with the Architectural Guidelines outlined in the Northstar Center Planned Unit Development Guide. 3. All operational site and security lighting must be directional and must orient downward in order that glare, does not negatively affect adjacent properties and roadways. 4. No waste materials of any kind shall be deposited on the property in such a form that they may be transferred off the property by natural causes or forces. 5. All outside trash containers shall be screened. E. FLOOR AREA 45,000 Square feet over the entire P.U.D. F. MAXIMUM LOT COVERAGES 1) For Buildings 1 and 2 - 30,000 square feet 2) For Sheds East and West - 10,000 square feet G. MAXIMUM BUILDING HEIGHT 45 feet as measured from the finished grade of the western faces of the buildings to the peaks. THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE H. MANIMUM EM PERVIOUS COVERAGE 145,000 square feet (includes lumber yard) I. AREA OF LUMBER YARD 55,000 square feet J. BUILDING SETBACKS Building setbacks will be as shown on the final approved site plan. K. FURTHER SUBDIVISION 0 By virtue of the Northstar Center Planned Unit Development Final Plat, a "primary lot" may be created that can be further subdivided or condominiumized in such a manner as to create a "secondary lot" or "LCE" which may not comply with the County P.U.D. requirements for open space, setbacks, lot coverage, impervious materials, parking, or floor area ratio all within its plotted area. Any resubdivision must demonstrate: 1. That the lot or structure or structures to be resubdivided conform with the requirements of the overall Northstar Center Planned Unit Development, and with the approved site development plan for the project. 2. A common area agreement in addition to the protective covenants, declarations, party wall agreement or other restrictions placed on the subdivision. The agreement shall include the percentage of undivided interest in the common area and infrastructure as well as the responsibilities for maintenance. L. OPEN SPACE Open Space will be maintained by the property owners and lessees through agreements between the subject parties. 2. Maintenance of Open Space within the I -70 Spur Road right -of -way shall be controlled by written agreement between the property owner(s) and the Colorado Department of Transportation. A signed copy of this document is attached as Exhibit A to the Northstar Center PUD Guide. 4 C;/ t 0 TIE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE M. LIGHTING 1. All exterior lighting shall be oriented laterally or downward, and will align so as not to project upward. 2. Limit the number of light sources. Use a number of low intensity sources closer to the area to be-lit rather than one remote, intense single source: a. Use no more than one light pole for every 10 parking spaces across parking areas. b. Use no more than one light pole for every 25 feet of linear distance along sidewalks and trails unless deemed critical for safety. Ballard type lights less than 4 feet in height are encouraged. 3. Limit the height of light fixtures. a. Limit height to 18 feet within parking lot areas. b. Limit height to 12 feet along pedestrian paths. 4. Limit the "throw" of light sources. a. Light patterns will not overlap except where needed for security purposes. b. Use directional heads, shields and fixture cutoffs. C. Encourage use of light attached to building or building projections. N. FENCING Fencing shall be provided for security and screening purposes in locations as designated on the approved site plan, and of colors and materials as approved by the project Architectural Control Committee. Maximum height of fencing shall be 6 feet, except that maximum height of up to 10 feet shall be allowed if this portion of fencing is landscaped. O. LANDSCAPING The project will provide a sufficient quantity and quality of landscaping materials for the non - impervious portions of the development such that land erosion, improper drainage, physical damage to the property and the general visual degradation of the site shall be TIE NORTFISTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE prevented. The approved Landscaping Plan will show the location, size, type, and quantity of materials which shall be provided on the project site. Maintenance of the landscape areas shall be provided through the following means: 1)- Mechanical A zoned underground irrigation system will be provided for most of the property. Each zone in the system will be designed and timed in a manner that will provide an adequate amount of moisture for the different elements in the overall plan. The exception to this system will be the trees to be planted westerly of the west sheds as shown on the Landscape Plan. A yard hydrant will be provided south of the sheds, and the trees will be irrigated through the use of a gravity -fed plastic perforated pipe, approximately 1 to 1 -1/2" I.D. 2) Contractual A property manager will be hired to oversee the daily operations of the entire project. One of the manager functions will be to control the operation of the irrigation system, which will include proper care and maintenance of the grounds and landscaping materials. Off -site landscape areas will be subject the conditions of the Landscape Agreement between the applicant and the Colorado Department of Transportation, and attached herewith as Exhibit A. P. PARKING Parking requirements shall be based on those in effect in the Eagle County Land Use Regulations at the time of building permit application. The minimum number of parking spaces required shall be 110, the location of which will be shown on the final approved site plan. This number will be reevaluated by Eagle County with each building permit, and if necessary, adjustments in the number of parking spaces will be made. Q. STORAGE Outside storage shall be limited to the area required for the use of the lumber yard, and as specifically delineated on the approved site plan. C. C C TIE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE R. SCREENING Trash dumpsters and mechanical equipment shall be screened by either fencing or landscaping materials, or a combination thereof. Location, type, and quantity of materials used to screen a particular structure shall require the approval of the Architectural Control Committee for the project. S. DISTANCE ;BETWEEN BUILDINGS Distance between buildings shall be regulated by the Uniform Building Code and the Eagle County Land Use Regulations in effect at the time of building permit application. T. SIGN PLAN 1. Intent General Signage It is the intent of Northstar Center to achieve a unified, consistent, proportionally scaled signage system for both the anchor tenant and other businesses. The goal is to provide identification for both the upper (street side Highway 6) and lower businesses (primarily Building #2 Lower Level) and anchor tenants. Due to lack of street exposure for lower level businesses from the Highway 6 side, a mechanism of providing signage for the above should be considered from the entry side of Northstar Center. This will manifest in a pair of kiosks as directories. There shall be five (5) major categories of signs for Northstar Center: a. Center Identification Sign b. Business Identification Signs (Including Outward Signs, Projecting Signs, Glass Signs, Numbering of Business, and Logo Signs) C. Directory Signage (Kiosk) d. Anchor Tenant Signage e. General Information Signage, Traffic, Construction Signage, etc. h f` THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE 2. Definitions a. Building Front - Any building vertical surface, facade, or series of connected elements such as porches which are oriented to or generally parallel to a public street, parking lot, walkway, or exterior passageway. b. Construction Sign - A temporary sign identifying a subdivision, development or property improvement by a builder, contractor, or other person furnishing materials, labor, or services to the premises. C. Design Review Authority - A formally established entity which has full and final approval authority for all sign matters provided the standards set forth in P.U.D. Control Document. d. Directional Sign - Any sign on the lot that directs the movement or placement of pedestrian or vehicular traffic with or without reference to, or inclusion of, the name of the product sold or service performed on the lot or in a building, structure or business enterprise occupying the same. e. Frontage Measurement - Building front shall be measured along the finish grade for sign allowance calculation purposes. f. Identification Sign - A sign or symbol (i.e., nameplates or plaques) which identifies a person, building, street name or address, landmark, or natural feature. g. Illuminated Signs - A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. h. Major Business - A business under a single ownership which contains 10,000 square feet or more of floor area. Ownership refers to the business, not the building. Projecting Sign - Any sign which is attached to and is generally perpendicular to a building. j. ADA Information Signage. k. Special Business Sign - An enclosed or glassed in case used for changeable displays such as movie posters, restaurant menus or special sale items. 8 C THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE 1. Sign - Any letters, figures, design, symbol, trademark, illuminating device or other device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, and painted, printed, constructed or displayed in any manner whatsoever. M. Sign Height - The vertical distance from the average finished below the sign (excluding beaming) to the highest point on sign structure. n. Temporary Sign - A sign which relates to a single event erected not more than thirty (30) days prior to the event to which it relates, such as a farm auction, sale of agricultural products, and bona fide grand openings. A sign shall be considered temporary if displayed for less than thirty (30) days in a ninety (90) day period. o. Window Sign - A sign which is affixed or attached to, or located within thirty six (36) inches of the interior of a window and which sign can be seen through the window from the exterior of the structure. 3. Permitted Signs a. Outward Signs - Northstar Center shall have four (4) categories for entrance signs which shall include all minor tenants. A minor tenant may be defined as any business other than anchor tenant. 1. Center Identification Sign - One (1) sign shall be allowed identifying the project within the business center, provided that the total sign area does not exceed thirty (30) square feet (not including the pedestal upon which the -sign will rest) nor a total of ten (10) feet in height. The plaza sign shall not be included in the total sign area allowed and shall be required to meet the height/setback calculation, provided that the sign is neither located within an intersection clear zone nor impedes drainage. (See Signage Drawing labeled P -8). 2. Kiosk Directory - There will be two (2) directories, one for each building. The shape and dimensions of the kiosk directory signage is shown on Signage Drawing P -8. Each of the kiosk directory signs shall not exceed a total of 50 square feet per signage side. The height of the kiosks shall not exceed 10' with the letters on the sign to be a maximum of 3 ". The third side of the kiosk directory VI THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE (facing towards the buildings) will not be signed and may be used as a bulletin board for rotating special events and items of public notice. 3. Window /Storefront Lettering with address number of store and identification of business - The store number is mandatory and shall be located above door in fixed glass area and located at bottom half of glass panel and shall be painted or vinyl cut of approved color and size. Height shall be 2- 1/2 "; Color shall be gold; Typeface shall be Times Roman Bold; Maximum size 6 square feet. 4. Outward Business Sian - This type of sign will be located at the outer edge of the arcade to identify the business to customers entering the parking area. They will be hung approximately at the same level as the top of the columns and along the column line. These signs shall be of uniform size made from similar materials using similar height letters and typeface and may be lit from above with lighting design by owner. Size of letter shall be 9" height, made of plastic or wood with color approved by Architect of Record for project and shall be same for all tenants. Background color is to be uniform. Examples and locations of the outward business sign are given on Signage Drawing P -8 ( "Typical Signage/Tenant/Covenanted ") and Signage Drawing P -9 ( "Typical Arcade Signage"). Total Size: Limited to 21 square feet; Back Lit Signs are permitted; Neon Signs are permitted; Lighted Signs are permitted. 5. Construction Signs - One (1) construction sign for each construction project not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradespeople may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or completion of construction whichever is greater. Construction signs shall not be included in the total sign area allowed for each business. 6. Leasing Sign - A leasing sign of up to twenty -four (24) square feet will be permitted during the construction period not to exceed two years. 10 THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE b. Other size limits for businesses on the Lower Level of Building 2. As these businesses will not have the same visibility available to a business on the upper level of either building, the intention is to allow slightly larger signage for businesses on the lower level of Building 2. l . For each business of less than 1000 square feet, a maximum of twenty -one (2 1) square feet is allowed which may be distributed in up to four (4) separate signs. 2. For a business utilizing a gross area of 1000 to 2000 square feet, the permitted sign area is thirty-two (32) square feet, which may be distributed in up to four (4) separate 'signs. No individual sign shall be greater than twenty -one (2 1) square feet. 3. For a business greater than 2,000 square feet, the permitted sign area is forty-two (42) square feet, which may be distributed in up to four (4) separate signs. No individual sign shall be greater than twenty -one (21) square feet. 4. No signs on the Lower Level of Building 2 shall have direct illumination. C. Anchor Tenant Signage - Is intended to direct customers to the lower level of proposed Building #T, which is the location of the anchor tenant store. The store, being on the opposite side from the frontage side, needs to be identified in the following manner: Kiosk Directory (Building 1) with limits set in Paragraph 3.a.2. of Sign Plan. 2. Signage at Pedestrian Bridge to direct delivery trucks to yard. (See sign plans Sheet P -8.) The permitted sign area is twenty -five (25) square feet. 3. Arcade Sign in Building #1 is two -sided directing pedestrian circulation to lower level via stairs on north side. This sign faces towards U.S. 6 and is shown in Signage Drawings P -8 and P -9. The permitted sign area is fifty (50) square feet. 11 I _J THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE 4. Projecting Sign identifying Northstar Lumber (two- sided) on the upper level of Building One at the central stairway. This sign will conform to the other projecting signs in the arcade area, and be limited to a maximum of three (3) square feet. 5. Signage Letters at covered canopy identifying Northstar Lumber store. The permitted sign area is thirty -five (3 5) square feet. . 6. No signs on the Lower Level of Building 1 shall have direct illumination. Glass signage at hardware store doors along with directional pedestrian signage constitutes to the balance of anchor tenant signage. (Glass signage is exempt if less than six (6) square feet.) 4. Prohibited Signs- Except as otherwise permitted above, no free standing signs are permitted. 5. Signs Exempt from Administration - The following signs are allowed, but are not subject to the Comprehensive Sign Plan or sign permits. a. All signs, whether permanent or temporary, which do not exceed six (6) square feet in sign area and provided that such signs do not exceed one (1) in number per individuar business, parcel, lot, or group of contiguous lots under one ownership. b. Signs required or specifically authorized for a public purpose by any law. C. Public notices or signs relating to an emergency. d. Signs erected in public rights -of -way by a local, state, or federal governmental agency controlling or directing traffic. e. All information signs on public property provided that such signs are related to use of the property and are erected and maintained by the land management agency. f. Official government notices and notices posted by governmental officers in the performance of their duties to provide warning, necessary information, direction, or other regulated purposes. 11Ra THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE g. Temporary or permanent signs erected by a public utility company or construction company to wam of dangerous or hazardous conditions. h. Temporary signs such as pennants or banners for a special civic event. Such displays may be erected three (3) weeks prior to the opening of the event and shall be removed one (1) week after completion of the activity. i. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. Decorations clearly incidental and customary and commonly associated with any national, local, or religious holiday. k. Any signs permanently affixed to a truck, train, automobile, airplane, or other vehicle that is in working condition and is not placed in a specific location for the purpose of evading these sign regulations. 1. Flags of any state, nation, government, or any other flag not specifically used for advertising purposes. Each flag may not exceed sixty four (64) square feet in size. Flags must be limited in number to be appropriate for display, not for advertising. M. Works of fine art, which are displayed and offered for sale, may have sale or price signs of an appropriate size. n. Any religious emblem or insignia. o. Mail box or house numbers. p. Vehicular traffic, bicycle, or pedestrian control signs. q. Directional signs shall be allowed, provided that the total sign area of each sign does not exceed six (6) square feet nor nine (9) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or lot, or per shopping center, business, commercial, or industrial park, and shall not be required to meet the height/setback calculation, provided that the signs neither impair visibility for traffic movement nor impede drainage. One (1) temporary for sale, for rent, or for lease sign per business shall be allowed, provided that the total sign area of each sign does not exceed six 13 G" 1 0 THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE (6) square feet in sign area. Said sign must be removed within thirty (30) days of completion of the sale, rent, or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. S. Projecting Signs - One (1) per 20' of frontage shall be limited to 9 square feet maximum; vertical height to be 3' below arcade beam, double faced and illuminated from above (both sides) with approved lighting by Design Review Authority. These signs are encouraged to be original, personalized, of good aesthetic quality, may include emblems, calligraphic typeface, could have routed, raised characters, pleasant and harmonious color schemes including gold letters, etc. All these signs, should individual business/owner /tenant decide to make less than 3' vertical, can compensate by putting balance in the length of sign. Under no circumstance shall this sign be allowed in the middle of arcade. It would be placed within 1' -0" of store front and adjacent to entry door to the business. These signs are to be approved by the Design Review Authority and shall be submitted, drawn to 1/4 full scale with colors, materials, and dimensions clearly marked. (See Signage Drawing P -8). 6. Procedure a. The standards described and controlled by this P.U.D. Control Document are the sign regulations specific to Northstar Center and where conflict with the Eagle County Land Use Regulations occur, this document supersedes. b: Each sign will be subject to its own individual sign permit. U. ARCHITECTURAL CONTROL COMMITTEE (ACC) An Architectural Control Committee shall be established which is empowered to review all building plans to ensure conformance with adopted design guidelines. 2. Membership - The Architectural Control Committee shall consist of three members. These three members shall be appointed by the owner of the property for a term of one year. At least one member of the ACC shall be an architect, landscape architect, or land planner. 14 � Y THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE 3. Design Goal - To create and maintain a high quality project which utilizes modem building methods and materials to provide conformance with approved project guidelines. V. EMPLOYEE HOUSING I It is an objective of the Northstar Center Planned Unit Development to create housing for a portion of the employees of the project. 2. Any qualified employee of the project will be allowed to apply for the employee spaces as availability permits. 3. The employee housing spaces will be available on a leased only basis. 4. While priority will be given to persons employed within the project, space may be offered to the general public if the capacity of the units is not filled by project employees. 5. The Northstar Center Planned Unit Development will provide dwelling spaces for ten employees to be provided in four dwelling units. 6. Eight of the employee credits shall be constructed within Phase I of the project, with the remainder to be constructed within Phase H. 7. Residency and Employee Status Verifications: a. Prior to leasing or renting an employee housing space in The Northstar Center, the housing applicant shall submit to Eagle County a Qualification Package together with the applicable processing fee established by the County. The purpose of this submittal is to determine the eligibility of the applicant for the housing at The Northstar Center. The Owner reserves the right to receive and review Qualification Packages before they are submitted to Eagle County, provided that any decision on qualification is not binding on Eagle County. Eagle County shall provide a written response to the Qualification Package submittal within seven (7) business days of the receipt thereof. If the County fails to respond to the submittal within this period of time, the applicant's qualifications shall be deemed approved. 15 THE NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT GUIDE b. In conjunction with the submittal of an employee Qualification Package to Eagle County, the applicant shall also execute and deliver an Employee Housing Affidavit as a verification of the applicant's place of employment. This affidavit shall be provided by the Project Owner or by the employer conducting business at The Northstar Center or in Eagle County. C. During the first thirty (30) days that a unit is available for rent or lease, it shall be made available only to qualified employees of The Northstar Center. d. If the available unit is not rented or leased within the first thirty (30) days to a qualified employee of The Northstar Center, the Owner may rent or lease the unit to any other qualified employee of a company conducting business in Eagle County. e. If, at the conclusion of the combined 60 day period no employee in Eagle County has met the stated qualifications, the housing unit may be rented or leased to any person. f. The term of a lease shall be for a period of not fewer than six (6) consecutive months and not more than twelve (12) consecutive months. g. The lease term shall end upon the earlier of i) the lease termination date; ii) ninety (90) days after the lessee ceases to be a qualified employee; iii) failure of lessee to comply with the terms of the lease, including rent payment default after proper notification and expiration of period to cure. h. If at the end of the term of a lease the lessee is still a qualified employee, the Owner may enter into a new lease or renew the old lease without relisting the Unit. i. In no case shall the rental deposit exceed twice the monthly rental rate, and in no case shall the Owner require that the rent for more than one month be paid in advance. c : \wpwin60 \wpdocslnorthata\pud915 16 OCCUPANCY ) RESTRICTION AND AG 'a, FOR FOUR (4) E I,OYEE DWELLING UNITS ( ) EMPLOYEE UNITS IN BUILDING 1 AND ONE (1) EMPLOYEE UNIT IN BUILDING 2 APPROVED PURSUANT TO RESOLUTION NO. This Agreement is made and entered into this day of , 1995, by EDWARDS INTERCHANGE LEVIITED PARTNERSHIP, a Colorado Limited Liability Limited Partnership ( "Owner ") whose address is , and the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO. WITNESSETH: WHEREAS, Owner owns real property more specifically described as recorded in Plat Book `) I � , at Page 1 1 0 k Eagle County, Colorado records (hereinafter referred to as the "Real Property"), which Real Property shall contain, among other uses, employee housing for up to ten (10) employees, consisting of a total of four (4) employee dwelling units, three (3) employee dwelling units being located in Building 1 and one (1) employee dwelling unit being located in Building 2, as approved by the Board of County Commissioners pursuant to Resolution No. recorded in Book at Page of the Eagle County Clerk and Recorder's Office. WHEREAS, it is the desire and intent of the Eagle County Commissioners that these dwelling units remain available as housing for employees qualified to occupy such units within the conditions set forth in the Eagle County Qualification Package. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the employee dwelling units described above shall at all times remain rental units and shall not be condominumized, sold or conveyed, without prior approval of the Eagle County Commissioners, so long as they remain designated employee housing as presently prescribed. 2. Unless modified as stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by the Board of County Commissioners of the County of Eagle, Colorado and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement or eviction of non - qualified tenants. - I- , ly Y r IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. By: r � - � Scott D. Hovey General Partner STATE OF COLORADO ) ss. COUNTY OF PITKIN ) EDWARDS INTERCHANGE LIMITED PARTNERSHIP, a Colorado Limited Liability Limited Partnership BOARD OF COUNTY CON IISSIONERS OF EAGLE COUNTY, COLORADO i ThiM*strument was acknowledged before me this 11 day of , 1995, by Scott D. Hovey as General Partner of Edwards Interchange Limited Partnership, a Colorado Limited Liability Limited Partnership. Witness my hand and official seal. My commission expires: My Commission expires 11/21/98 Notary ublic STATE OF COLORADO ) ss. COUNTY OF EAGLE ) This instrument was acknowledged before me this day of ' 1995, by of the Board of County Commissioners of Eagle County, Colorado. Witness my hand and official seal. My commission expires: as Chairman Notary Public -2-