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HomeMy WebLinkAboutR24-089 Approval of an Amendment to the Official Zone District Map West End PUD File No. ZC-009405-2023 & PDSP-9297-2022 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D Eagle County, CO 202414267 Regina O'Brien 11/19/2024 Pgs: 70 04:41:00 PM REC: $0.00 DOC: $0.00 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024 - 089 APPROVAL OF AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF EAGLE COUNTY AND APPROVAL OF THE CONSOLIDATED SKETCH PLAN AND PRELIMINARY PLAN FOR PLANNED UNIT DEVELOPMENT FOR THE WEST END PLANNED UNIT DEVELOPMENT EAGLE COUNTY FILE NO. ZC-009405-2023 EAGLE COUNTY FILE NO. PDSP-9297-2022 WHEREAS, on or about September 28, 2022, the County of Eagle, State of Colorado, accepted for filing applications submitted by Edwards West End EW Investor, LLC (hereinafter "Developer") for approval of the West End Planned Unit Development("West End PUD"), including an application for a Minor Type A Subdivision, File SMA-009294-2022; applications for amendment to the official zone district map of Eagle County to rezone from the expired and extinguished 2007 West End PUD to the RSL and CG (File No. ZC-009296-2022 and File No. ZC-009298-2022); an application for a Minor Type B Subdivision, File No. SMB-009295-2022; an application for an amendment to the official zone district map of Eagle County to rezone from RSL, CG and R to West End PUD, File No. 009405-2023 (the "Zone Change"); an application for a consolidated Sketch Plan for PUD and Preliminary Plan for PUD for West End PUD, File No. PDSP-009297-2022 (the "Sketch and Preliminary Plan for PUD"); and an application for a 1041 Permit for the West End PUD to construct major extensions of existing municipal and domestic water and wastewater treatment system, File No. 1041-009300-2022. On or about December 21, 2022, Developer submitted an application for amendment to the official zone district map of Eagle County to rezone from the expired and extinguished 2007 West End PUD to and the R zone districts (ZC-009403-2023). On or about June 16, 2023, Developer submitted an application for an amended final plat for the Edwards Plaza/West End Amended Final Plat, File No. AFP-009412-2023 and on or about January 27, 2023, Developer submitted an application for an amended final plat for the Gas House/West End Amended Final Plat, File no. AFP-009327-2023. On or about May 20, 2024, the County accepted an application submitted by Developer(34083 Highway 6, Edwards Area, Parcel ID: 2105-054-00-024), Gas House Properties, LLC 34185 Highway 6, Edwards area, Parcel ID: 2105-054-14-002), and Edwards Plaza, LLC (57 Edwards Access Rd, Edwards area, Parcel ID: 2105-054-13-002) seeking a Variance From Improvement Standards in connection with the access road(the "Loop Road") which would serve real property and improvements known as the West End Development, the 1 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D Gas House, and Edwards Plaza, located in the County of Eagle, State of Colorado; and WHEREAS, together, these applications set forth above allow for development of the West End Planned Unit Development and approval of each is set forth in a separate resolution of the Board of County Commissioners of the County of Eagle (hereinafter the "Board"); and WHEREAS, the Zone Change and the Sketch and Preliminary Plan for PUD propose development of the West End Planned Unit Development("West End PUD") on an approximately 4.859 acre parcel located at 34083 Highway 6, Edwards, Colorado, identified as Assessor's Parcel no. 2105-054-00-24, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Applicant requested approval of an application for the Zone Change to rezone the Property from the Resource, Commercial General, and Residential Suburban Low Density zone districts to the PUD zone district. The Sketch and Preliminary Plan for PUD and the Zone Change are collectively referred to herein as the "Applications"); and WHEREAS,the Applicant requested approval of the Sketch and Preliminary Plan for PUD for the West End PUD, which included, but was not limited to,the following elements: Application Housing- Total Units* • 275 residential units—Rental Housing Plan - Workforce • 28 price capped deed restricted rental units Units • 179 resident occupied deed restricted rental units Housing- Free Market • 68 un-restricted rental units Contribution to the Eagle • $10,000 annually for the life of the PUD County Department of Open Space and Natural Resources Open Space Acreage • 1.85 acres US Highway 6 (Hwy 6) • Hwy 6 improvements including a sidewalk and Improvements Funded by the landscaping,bus shelter, and a right-in right-out Applicant access point. * Short Term Rental of units as defined in the PUD Guide is prohibited 2 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D WHEREAS,notice of the proposed Zone Change and the proposed Sketch and Preliminary Plan for PUD was made to all landowners of the land subject to the Applications and all owners of land adjacent to the proposed PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Applications and setting forth the dates and times of meetings for consideration of the applications by the Eagle County Planning Commission (hereinafter the "Planning Commission") and the Board of County Commissioners of the County of Eagle (hereinafter the "Board") as required by the Eagle County Land Use Regulations (hereinafter the "ECLUR") Section 5-210.E; and WHEREAS, at its public hearings held on January 17, 2024 and February 7, 2024, the Planning Commission considered the proposed Zone Change and the proposed Sketch and • Preliminary Plan for PUD; associated applications for the PUD, associated plans, documents, and studies; and the statements and concerns of the Applicant, the Eagle County Community Development, Housing and Engineering staff, and other interested persons, including members of the public; and WHEREAS, on February 7, 2024, the Planning Commission recommended approval with conditions of the proposed Zone Change and recommended approval with conditions of the proposed Sketch and Preliminary Plan for PUD; and WHEREAS, at its public hearings held on June 27, 2024; August 1, 2024; August 5, 2024; and September 9, 2024, the Board considered the proposed Zone Change and the proposed Sketch and Preliminary Plan for PUD; associated applications for the PUD, associated plans, documents, and studies; and the statements and concerns of the Applicant, the Eagle County Community Development, Housing and Engineering staff, and other interested persons, including members of the public; and the recommendation of the Planning Commission; and WHEREAS,based on the evidence, testimony, exhibits, study of the Eagle County Comprehensive Plan and the Edwards Area Community Plan, comments and recommendations of the Community Development Department, and the Housing, Engineering and Open Space and Natural Resources Departments, comments of public officials and agencies,the recommendation of the Planning Commission, and comments from all other interested parties, including members of the public,the Board finds as follows: THAT, the change in zoning is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and the neighboring lands. In making such determination the Board finds the application for a Zone Change for the Property complies with the standards in ECLUR Section 5-230.D -Standards for Zone Change, as set forth in the staff reports (defined below) and as outlined below: 1. Conformance with the Comprehensive Plan. [Section 5-230.D.l.a-c.] —The proposed change in zoning is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan, and any applicable Area Community 3 of20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D Plan and the proposed change in zoning is in substantial conformance with the goals, policies, and intents of any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. The Board finds that the Zone Change is in substantial conformance with the purposes, intents, goals, and policies of the 2005 Eagle County Comprehensive Plan (the "Comprehensive Plan"), the 2017 Edwards Area Community Plan(the "EACP"), and all other applicable ancillary County adopted documents including the Eagle County Affordable Housing Guidelines (the "Affordable Housing Guidelines"), and those pertaining to natural resource protection, and infrastructure management. As set forth in staff's reports dated June 27, 2024, and staff's presentations and memos for the West End PUD (collectively"staff reports"), the Zone Change is in substantial conformance with the master plan goals, policies, of the Comprehensive Plan objectives, and implementation strategies, as well as Future Land Use Map ("FLUM") designations and land uses. Specifically, with respect to the Comprehensive Plan, areas of conformance include: conformance with applicable general development goals,policies, and recommended strategies, such as provision of multi-family and workforce housing in an area where it is anticipated and planned for, conformance with applicable housing goals,policies, and recommended strategies including provision of multi-family units to meet Eagle County needs, meeting and exceeding Affordable Housing Guidelines, conformance with applicable infrastructure goals, policies, and recommended strategies including demonstrating sufficient infrastructure capacity and providing pedestrian paths, conformance with applicable wildlife goals, strategies, and\recommended strategies including providing a managed access point to the Eagle River Preserve (the "Preserve"), limiting lighting adjacent to the Preserve, and installing wildlife friendly fencing, conformance with applicable sensitive lands goals,policies, and recommended strategies including not proposing development in critical wildlife habitats or sensitive lands, conformance with applicable environmental quality goals, policies, and recommended strategies including proposing a dark sky compliant lighting plan. Specifically, in regards to the EACP , areas of substantial conformance include: conformance with applicable general planning objectives, such as the promotion of higher densities within or adjacent to the commercial core and near transit, provision of recreational amenities on site, providing architecture that is compatible in terms of pedestrian scale and small town feeling, use of natural colors and materials, and design features to mitigate impact to the Preserve, providing development that is energy efficient through the design of a net-zero building, designing a building that fits within the existing site slope, proposing native and drought tolerate landscape plantings, controlling access to the Preserve, demonstrating that traffic will operate at acceptable levels, conformance with the Edwards Center Character Area including development on a site specifically called out as being "underdeveloped" and appropriate locations for mixed use buildings, and maximizing opportunity for new workforce housing units." The building heights support the EACP statement that, "While it is generally recommended that building heights be limited to four stories, there are locations 4 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D where taller structures may be found to be compatible," and conformance with the FLUM designation of Mixed Use Commercial/Residential as multi-family development is consistent with this designation. The Board further finds that the West End PUD Affordable Housing Plan exceeds the recommended mitigation set forth in the Affordable Housing Guidelines. Pursuant to the Affordable Housing Guidelines, the recommended affordable housing mitigation for the PUD was 68.75 Minimum Workforce Mitigation credits. The West End PUD provides a total of 207 deed restricted units: 28 price capped deed restricted rental units and 179 resident occupied deed restricted rental units, resulting in a unit equivalent of 146 credits under the Affordable Housing Guidelines. 2. Compatibility with Surrounding Uses. [Section 5-230.D.2.] - The proposed change in zoning is compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property. The Board finds that the proposed Zone Change is compatible with the type, intensity, character, and scale of existing and permissible land uses surrounding the Property. Dimensional limitations of the PUD will result in development that will be harmonious with the physical character of existing or permissible uses surrounding the Property. The Board finds that the ERP is located to the north of the subject property and the West End PUD is compatible with this property because of the limitations of lighting on the north faced, the provision of wildlife friendly fencing, conforming setbacks, design requirements for the parking garage to limit headlight glare, and the provision of a single access point. The Board finds that the property to the east is zoned Commercial General and occupied by a commercial use, the Gashouse restaurant and the proposed multi-family use is compatible. The Board finds that the property to the south is occupied by the Edwards Village center and the proposed multi-family use is compatible. The Board finds that the property to the west is zoned Commercial General and occupied by a contractor's storage yard and the proposed multi-family use is compatible. 3. Public Benefit. [Section 5-230.D.3.] - The proposed change in zoning addresses a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; transportation efficiencies, public recreational opportunities; infrastructure improvements; preservation of lands of high conservation value, senior housing, or medical facilities. The Board finds that the proposed change in zoning addresses a demonstrated community need or otherwise results in one or more particular public benefits that offset the impacts of the proposed uses requested, including an Affordable Housing Plan that exceeds the recommended mitigation set forth in the Affordable Housing Guidelines by providing 28 price capped deed restricted rental units and 179 resident 5 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D occupied deed restricted rental units, provision of a public access easement from the public right-of-way to the Preserve, provision of an enhanced bus stop shelter on Hwy 6 and a walkway from the bus stop shelter to the west and to the north between the Property and an adjacent parcel and then to the east to give the public access to the planned public access point to be provided by the West End PUD and the existing Preserve access point, a contribution of$10,000 annually to the Eagle County Open Space and Natural Resource Department for the life of the PUD to support and fund projects designed to mitigation impacts to the Preserve arising out of anticipated increased use of the Preserve by occupants, guests and invitees of the West End PUD, and the design and commissioning of the building to achieve net-zero energy use. 4. Change of Circumstances. [Section 5-230.D.4.] - The proposal change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. The Board finds that the proposed change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community regarding a continued and worsening housing shortage and related affordability crisis in Eagle County. The Board finds that the need for housing in Eagle County is such a material change that the changes in zoning to allow higher density residential development can be supported and the proposed Zone Change is in compliance with this standard. 5. Adequate Infrastructure. [Section 5-230.D.5.] - The property subject to the proposed change in zoning is, or may be served by adequate roads, water, sewer and other public use facilities. The Board finds that the Property will be served by adequate roads, water, sewer, and other public use facilities. The Applicant has obtained a conditional capacity to serve letter for water and wastewater services for the Property from the Eagle River Water and Sanitation District. The Property is within the Eagle River Fire Protection District and the Eagle County Sheriff's Department service districts. The Application proposes a new Loop Road that will provide access to the development from I-70 (Edwards Access Rd) and US Highway 6. The design and location of the new Loop Road has received an access permit from the Colorado Department of Transportation("CDOT") and provides all necessary turning movements in/out of the site. No new public roads will be constructed as part of this development. In conjunction with the approval of the Zone Change, Sketch and Preliminary Plan for PUD applications, the Board approved a Variance from Improvement Standards (the "VIS") to consider variances to the road classification and minimum centerline radius of the proposed"Loop Road". The VIS allows the Loop Road to be classified as an Internal Urban Residential Road instead of an Urban Residential Collector as would otherwise be required per projected traffic volumes. The Board reviewed the adequacy of the roads serving the PUD, including the capacity of Hwy 6, and approved a variation from the ECLUR roadway level of service standard for Hwy 6 as part of the approval of the Sketch and Preliminary Plan 6 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D for PUD. The Zone Change application indicates that the Property will be served by Holy Cross Energy. The existing overhead electrical will be relocated underground from east of Edwards Access Road to the western property line of the proposed West End PUD where an engineered dead-end pole will transition the underground electrical from within the West End PUD and connect it to the existing overhead electrical that runs across the property to the west. THAT,the Applicant filed an application for a consolidated Sketch and Preliminary Plan for PUD for the Property and the Board finds,pursuant to ECLUR Section 5-240.F.3.d., that because the application was a consolidated application, the proposed Preliminary Plan for PUD is deemed to conform to the approval given to the Sketch Plan for PUD; and THAT, the application for a Sketch and Preliminary Plan for PUD for the Property complies with the standards in ECLUR Section 5-240.F.3.e. - Standards, as set forth in the staff report and as outlined below: 1. Unified ownership or control. [Section 5-240.F.3.e.(1)] —The Board finds that the title to all land that is part of this PUD is owned or controlled by one (1) person/entity, Edwards West End EW Investor, LLC. 2. Uses. [Section 5-240.F.3.e.(2)] —The uses that may be developed in the PUD are those uses that are designated as uses that are allowed, allowed as a special use, or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule for the zone district designation(s) in effect for the Property at the time of the applications for the PUD. Variations of the designated uses for a zone district may be authorized by the Board pursuant to ECLUR Section 5-240 F.3.f., Variations Authorized, and variations to designated uses were authorized by the Board as requested in the application for Consolidated Sketch and Preliminary Plan for PUD to allow the Applicant to establish multi-family residential uses to obtain, among other things, desired design qualities and affordable housing, as provided in Section 5-240.F.3 of the ECLUR. See VariationsTable attached hereto as Exhibit B for a list of variances approved for PUD uses. The Board finds that with these variances that the West End PUD complies with Section 5-240.F.3.e.(2). 3. Dimensional Limitations. [Section 5-240.F.3.e.(3)] - The dimensional limitations that shall apply to the PUD are those specified in ECLUR Table 3-340, "Schedule of Dimensional Limitations," for the zone district designations in effect for the Property at the time of the application for PUD. Variations of these dimensional limitations have been authorized by the Board pursuant to ECLUR Section 5-240.F.3.f., Variations Authorized, to allow the Applicant to obtain, among other things, desired design qualities and affordable housing. The Board finds the variations leave adequate distance and space necessary for access and fire protection and ensure 7 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D property ventilation, light, air and snowmelt. See VariationsTable attached hereto as Exhibit B for a list of the variances to dimensional limitations. The Board finds that with these variances that the West End PUD complies with Section 5-240.F.3.e.(3). 4. Off-Street Parking and Loading. [Section 5-240.F.3.e.(4)] —Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, OffStreet Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates the existence of shared parking arrangements among uses within the PUD or that the actual needs of the project's residents, guests and employees will be less than that required by Article 4,Division 1. The Board finds that, as varied, off-street parking and loading provided in the PUD does comply with the standards of ECLUR Article 4, Division 1, Off-Street Parking and Loading Standards. The Application includes a variation request for a reduction to the number of parking spaces required by ECLUR 4-120 for a multifamily development. The PUD Guide states that parking is to be required at the following rates. • Studio— 1.0 space/dwelling unit • 1-Bedroom— 1.0 spaces/dwelling unit • 2-Bedroom—2 spaces/dwelling unit This reduction in parking standards has been authorized as set forth in the PUD Guide because the Applicant has demonstrated that,based on similar developments and shared parking arrangements, the parking needs of residents, guests and employees of the PUD will be met and/or that based on the availability of transit, the actual needs of the PUD's residents, guests, and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The PUD Guide includes a parking management plan and all leases/deeds shall designate the number of spaces assigned to each unit. Each vehicle will be required to display a parking permit. The Board finds that, given the developments proximity to transit and the core of Edwards; the ability to enforce parking violations by the Developer and/or an owners' association; and the relatively low risk for parking to impact public roads that the West End PUD complies with Article 4, Division 1. The site plan includes a"Trash Removal and Loading Zone" and a "Drop-off' area. 5. Landscaping. [Section 5-240.F.3.e.(5)] -Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2,Landscaping and Illumination Standards. The Board finds that the landscaping proposed for the PUD does comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. The landscape plan demonstrates that the development will meet requirements for landscaped and pervious surface areas, conserve water resources by utilization of drought tolerant native species,provide buffering and screening from the Preserve, and provide necessary separation between structures and plant material to provide for wildfire protection. 8 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 6. Signs. [Section 5-240.F.3.e.(6)] —The Board finds that the Applicant has demonstrated that signs within the PUD will comply with the standards of Article 4, Division 3, Sign Regulations. 7. Adequate Facilities. [Section 5-240.F.3.e.(7)] - The Applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools,police and fire protection, and emergency medical services. The Board finds that that the development proposed in the Sketch and Preliminary Plan for PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads and will be conveniently located in relation to schools, police, and fire protection and emergency medical services. The Applicant has obtained a conditional capacity to serve letter for water and wastewater services for the Property from the Eagle River Water and Sanitation District. Condition#1, as stated below, ensures this standard is met as the Applicant is required to obtain an ability to serve letter prior to development of the Property. The Property is within the Eagle River Fire Protection District and the Eagle County Sheriff's Department service districts. The Application proposes a new Loop Road that will provide access to the development from I-70 (Edwards Access Rd) and US Highway 6. The design and location of the new Loop Road has received an access permit from CDOT and provides all necessary turning movements in/out of the site. The Loop Road will be subject to a public access easement for use by the public and emergency serviceproviders. No new public roads internal to the PUD will be g Y constructed as part of this development. The Board approved a VIS in conjunction with the Applications to consider variances to the road classification and minimum centerline radius of the proposed"Loop Road". The VIS allows the Loop Road to be classified as an Internal Urban Residential Road instead of a Urban Residential Collector as would otherwise be required per projected traffic volumes. The Board reviewed the adequacy of the roads serving the PUD, including the capacity of Hwy 6, and approved a variation from the ECLUR roadway level of service standard for Hwy 6. 8. Improvements. [Section 5-240.F.3.e.(8)] —The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts,when the following minimum design principles are followed: (a)the circulation system provides safe efficient access; (b) internal pathways from a logical, safe and convenient system for pedestrian access; (c) roadways permit access by emergency vehicles; (d)principal vehicular access points are designed to provide for smooth traffic flow; and(e) adequate areas are provided to 9 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D store snow removed from internal street networks and parking areas. The Board finds that the internal infrastructure of the PUD improvements, as conditioned, complies with the standards applicable to the PUD, which are as specified in Article 4, Division 6,Improvements Standards. The Application proposes a new Loop Road that will provide access from the development to I-70 (Edwards Access Rd) and US Highway 6. The design and location of the new Loop Road has received an access permit from CDOT and provides all necessary turning movements in/out of the site. The Board has granted a variation from ECLUR Section 4-620.G -Level of Service to allow the US Hwy 6 and Edwards Access Rd intersection roundabout to operate at LOS E which exceeds the LOS D threshold by 8.7 seconds. The Board approves this variation request because of the minor increase in delay and because the development will provide safe efficient access. Primary vehicular access will be provided to the Property off the "Loop Road"to be constructed. The Loop Road itself will be subject to a public access easement and will access the public roadway system at two points, one off of US Highway 6, to the west of the intersection with the Edwards Access Road and one off of the Edwards Access Rd just north of the Gashouse restaurant. To accomplish this access, the Applicant has entered into an agreement with the property owners of both the Gashouse and Edwards Plaza to allow for access across each other's properties. Pedestrian access will be provided by sidewalks to be constructed along the Loop Road. Additionally, a sidewalk will be constructed along the US Highway 6 frontage. Internal pathways to be provided form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. Emergency vehicles will be able to access the property through the Loop Road and by a dedicated emergency vehicle access road along the north edge of the property,between the building and the Preserve. Principal vehicular access points are designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. The proposed site plan offers adequate and sufficient snow storage capability. Regarding ECLUR Section 4-650,Drainage Standards, the Application proposes that the majority of drainage will be detained and treated by a vault system that will be located under the proposed parking structure. The remainder of the drainage will be treated by a system of low velocity vegetated drainage swales and basins in accordance with ECLUR Section 4-620. These drainage swales are generally located on the sides and rear of the building and have varying widths depending on location within the plan. The West End PUD will comply with the requirements of Section 4-660 and 4-665 with the imposition of condition#2 provided below. Condition#2 requires the Applicant to revise its grading plan to eliminate any and all grading from the Preserve. 9. Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e.(9)] —The Board finds that, as set forth above in the Board's analysis of the Zone Change, the PUD is generally compatible with the existing and currently permissible future uses of adjacent land and other lands, services, or infrastructure improvements that may be substantially impacted. 10 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 10. Conformance with Comprehensive Plan. [Section 5-240.F.3.e.(10)] —The Board finds that, as set forth above in the Board's analysis of the Zone Change, the PUD is in substantial conformance with the Eagle County Comprehensive Plan, the EACP, and all other applicable ancillary County adopted documents including the Housing Guidelines and those pertaining to natural resource protection and infrastructure management. 11. Phasing. [Section 5-240.F.3.e.(11)] —The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary or desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project as determined by the Board. The West End PUD is anticipated to be constructed in a single phase. However, the PUD Guide and a Phasing diagram included in the Application indicate that the building may be constructed with the parking garage, amenity area, Loop Road, and residential units east of the parking garage in Phase 1 and the remainder of the building and landscaping along the Highway 6 frontage in Phase 2. As set forth in the PUD Agreement associated with this approval, guarantees shall be provided by the Applicant for the public improvements and amenities that are necessary or desirable for residents of the PUD and all such improvements and amenities shall be completed with Phase 1 of the development and prior to the first Temporary Certificate of Occupancy issued for the PUD. Accordingly, the Sketch and Preliminary Plan for PUD is in conformance with this standard. 12. Common Recreation and Open Space. [Section 5-240.F.3.e.(12)] —The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand(1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. The Board finds that The Sketch and Preliminary Plan for PUD complies with Section 5-240.3.e.(12). The West End PUD proposes 38.0% of the site as useable open space as defined in the ECLUR. Therefore, it meets the portion of the standard recommending a minimum of 25% of the site be devoted to open air recreation or useable open space. However, in order to meet the portion of the standard requiring a minimum of 10 acres of open space for every 1,000 persons who are residents of the PUD,the site would need to provide 7.23 acres of common 11 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D recreation and open space land. This acreage is greater than the total West End property. Therefore, the Board approved a variation from this standard in the form of a variation to the Open Space use set forth in ECLUR Table 3-300. Pursuant to ECLUR Section 5-240 F.3.f. Variations Authorized, the Application justified this request on the basis of obtaining desired design qualities and affordable housing. The Board finds that the variation is appropriate to support the desired design of the Sketch and Preliminary Plan for PUD and to support the construction of affordable housing. The Developer or owners' association/metro district will provide for the continuing use and maintenance of the common recreation and open space; and will manage all common open space and recreational and cultural facilities, and shall provide for access and responsibility for the maintenance, administration and operation of such land and any other land within the West End PUD not publicly owned, and secure adequate liability insurance on the land. 13.Natural Resource Protection. [Section 5-240.F.3.e.(13)] —The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4,Natural Resource Protection Standards. The Board finds that the Sketch and Preliminary Plan for PUD, as conditioned, considers the recommendations made by the applicable analyses documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4,Natural Resource Protection Standards. The primary mitigation measures include the installation of a landscape buffer and fencing. The landscape buffer will minimize visual and audio impacts on the ERP. Lighting is being restricted on the north side of the proposed building to minimize impacts to the Preserve. The PUD Guide incorporates Colorado Parks and Wildlife recommendations regarding trash enclosures, landscape species selection and buffering, and fencing. The northwest corner of the project area appears to be on the edge of a 0.5-acre inactive bald eagle nest buffer. The Board has included Condition#3 that requires the Applicant coordinate with Colorado Parks and Wildlife to confirm the exact location of the bald eagle nest referenced on page 8 of the Environmental Impact Report and confirm its status in terms of activity. The Colorado State Forest Service indicates that the properties of the Proposed Development as either "Non-Burnable" or"Very Low"burn probability, and the general surrounding area as having"... a minimal chance of being directly impacted by a wildfire..." The site does not contain, nor is exposed to any identified geologic hazards that would preclude the proposed development. The West End PUD has been determined to not impact any ridgeline views. The Board reviewed the proposed building height and finds that the impact on scenic resources is mitigated to a reasonable extent while still allowing for higher density multifamily development. THAT, pursuant to ECLUR Section 5-240.F.1.d., the PUD proposes activities that constitute a subdivision, and the Board finds that the application for Sketch and Preliminary Plan for PUD also meets the requirements of ECLUR Section 5-280, Subdivision, as set forth in the 12 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D staff report and as outlined below: 1. Conformance with Comprehensive Plan. As set forth above, the PUD subdivision is in substantial conformance with the Comprehensive Plan, the EACP, and other applicable ancillary County adopted documents, including the Housing Guidelines and those pertaining to natural resource protection, and infrastructure management. 2. Consistent with Land Use Regulations. The proposed PUD subdivision complies with all of the standards of ECLUR Section 5-280, Subdivision and all other provisions of the ECLUR, including,but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. Variations to the ECLUR have been authorized by the Board pursuant to Section 5-240 F.3.f., Variations Authorized and pursuant to the applicable standards of ECLUR Section 5-240. See the VariationsTable attached hereto as Exhibit B. 3. Spatial Pattern Shall Be Efficient. The proposed PUD subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 4. Suitability for Development. The Property proposed to be subdivided is suitable for development, considering its topography, environmental resources, and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 5. Compatibility with Surrounding Uses. As set forth above, the proposed PUD subdivision is generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure improvements. 6. Adequate Facilities. As set forth above, the Applicant has demonstrated that the development proposed in the PUD subdivision will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, subject to the conditions set forth below, the application for a Zone Change (Eagle County File No. ZC-009405-2022), and.as subsequently amended and revised, is hereby approved and the Property more particularly described at Exhibit A is hereby rezoned from the Resource, Commercial General, Residential Suburban Low Density zone districts to the PUD 13 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D zone district, and the official zone district map of Eagle County, Colorado shall be updated to reflect such change; THAT, subject to the conditions set forth below, the application for the Sketch and Preliminary Plan for PUD for the West End PUD, and as subsequently amended and revised, is hereby approved for the Property more particularly described at Exhibit A; and THAT, the approved Variations Table is attached hereto as Exhibit B; and THAT, the approved West End PUD Guide is attached hereto as Exhibit C; and THAT, the approved PUD Agreement for the Edwards West End PUD, dated November 19, 2024, is attached hereto as Exhibit D; and THAT, this Resolution shall serve as an agreement binding the West End Planned Unit Development to the following conditions: For ZC-009405-2023 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2. Approval of File No. ZC-009405-2023 is conditioned upon the approval of the West End PUD Application and associated files and the recording of the Loop Road Agreements prior to final plat. For PDSP-9297-2022 1. The Developer shall obtain an Ability to Serve Letter from the Eagle River Water and Sanitation District in accordance with its Development Approval Process prior to the submittal of an application for final plat. 2. Prior to submission of an application for Final Plat, the Applicant shall revise the grading plan to eliminate any and all grading from the Eagle River Preserve. 3. Prior to submission of an application for final plat, the Developer shall coordinate with Colorado Parks and Wildlife to confirm the exact location of the bald eagle nest referenced on page 8 of the Environmental Impact Report and confirm its status in terms of activity. If the nest is determined to be active, the Developer shall coordinate with Colorado Parks and Wildlife to determine and implement reasonable mitigation measures. Such measures shall be in place prior to issuance of a certificate of occupancy for the PUD. 14of20 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 4. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 5. Approval of File No. PDSP-009297-2022 is conditioned upon the approval of the West End PUD Application and associated files and the recording of the Loop Road agreement prior to final plat. THAT,the Board directs the Community Development Director to provide a copy of this Resolution to the Applicant; and THAT, the Board further finds, determines and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. [Remainder of page left intentionally blank] • • 15 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 19' day of November, 2024, nunc pro tunc to the 9th day of September, 2024. f-- Signed by: COUNTY OF EAGLE, STATE OF i , COLORADO, By and Through Its ,aoa.% BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: Signed by: Ina �i�jVtUn, By: halt S a r F9062F246896440.. ` 81E71320718E0478... Clerk to the Board Matt Scherr ChaiEr DxuSigned by: Lc """"` � � CA4AC128F8AA47A Jeanne McQueeney • Commissioner CSigned by: thAv1 FFEB844O31.. Kathy Chandler-Henry Commissioner Commissioner chandler-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by a 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 16 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D EXHIBIT A LEGAL DESCRIPTION: LOT 1, A RESUBDIVISION OF WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO 17 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D EXHIBIT B Variations Table 18 of 20 Oo N 00 r a k 1. k :$-:: w t EZ a.o s<`a a, „ o .Ez '-' a wy "° o$ �' fi l m - -m i�?B c -p ,-. , V _A el!: U z Q�L o gD a. -,@ .y44C B fi ' r a E c .1110 $6- a i i 1 = o e a o f .1 Y .. e l ° a 4:O L v` S i> g a = i$ :a Fur rig etg eg's 5E3 eT's ga c �aF' m` i `°s' ._ $ -ag-s -a a c a .-aE LL 4E n a e gg.5 -.01S0 `:4p.}..' 3� w`E gg` 8'§ll - 8344 g511 ;" e2 3i °°m 3 "@8 3zgg8 i5,E3 gz..il `' ' 3o Sa 1= r1. fi11 1 0�8 M11] «B6s Il 3 9 06 ! i`- a 15 2 " ;Al E <g .4 ; a 11'0' 'aa. .Igor% =r `ri 300 =f.-gs it-igEg „a�4; =nom0 y o r al 3- o i4A 4 so' `=46 Ert 06_ slat -_vg t, r §' '' Ez - ' Ey = g8 EEr? 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(L.,� tii 47 3 GY tti G C.G� C N 3 U O 0 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D EXHIBIT C West End PUD Guide 19 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 151 E s T4 E N PUD Guide 31083 Highway 6 Edwards, CO 81632 1 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 152 2 Table of Contents Sections 1. Geographic Boundaries y 2. Effective Date y 3. Purpose LI 1. Graphic Drawings 5 5, Definitions 5 6. Standards 8 7. Sustainability 10 8, Site Specific Requirements 11 9. Property Owners Association 11 10. Future Subdivision 11 11. Parking Management Plan 12 12. Roadways 13 13. Landscape Plan 13 1y. Signage Plan 15 15. Lighting Plan 16 16. Wildlife Protections 16 17. Drainage and Stormwater Control 17 18. Wildfire Mitigation 17 19. Architectural Design Guidelines 18 20. Subdivision Improvements Agreement 18 21, Statement of Flexibility 18 2 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 153 3 22. Construction Drawings 18 23, Access Trail to Eagle River Preserve Open Space 18 2LI. Workforce Housing Plan 19 25. Phasing 19 26. Deviations and Amendments 19 Exhibits Exhibit 1: Legal Description of the West End PUD Exhibit 2: Design Guidelines Exhibit 3: Site Plan Exhibit 1: Landscape Plan Exhibit 5:Workforce Housing Plan • Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 154 y 1. Geographic Boundaries This planned unit development guide ("West End PUD Guide") shall apply to that specific geographic area as legally described on Exhibit 1 - Legal Description ("West End PUD") W.E. Planning Area A/ Lot 1 of the West End PUD Guide 4.IB-9295 A RESUBDIVISION OF WEST END PROPERTY k q F wa. . -- - - _ _ I 2°- — k.9:2) 41IW ! '''''•., : :7=.7.7..— Vidnik014141RAViii .:;;;;'KC,', — , The West End PUD contains y.859 acres and is situated in the Edwards Commercial core just west of the main Edwards roundabout ("2019 Edwards Roundabout") located at the intersection of Edwards Access Road and U.S. Highway 6. 2. Effective Date The Preliminary Plan for West End PUD was approved ,which is the effective date of this West End PUD Guide. 3. Purpose and Enforcement Purpose:The purpose of this West End PUD Guide is to establish the permitted land uses and restrictions within the West End PUD. The purpose of the West End PUD is to allow for 8 100 percent residential rental project intended to provide up to 275 multi- family dwelling units in two LEED certified buildings in the heart of Edwards, CO. y Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 155 5 Enforcement: The provisions of this PUD Guide are enforceable by the authority and powers of Eagle County, as granted by law. Enforcement action shall be consistent with the authority and actions defined in the Eagle County Land Use Regulations.The specific standards of this West End PUD Guide shall supersede any conflicting standards of the Eagle County Land Use Regulations ("ECLURs"). Where this West End PUD Guide is silent as to a standard,the standard of the ECLURs as it may be amended from time to time shall apply. LI. Graphic Drawings The graphic drawings contained in this West End PUD Guide are intended to depict general locations and illustrate concepts of the textural provisions of this West End PUD Guide. For specific locations, please reference the Final Plat for the West End PUD recorded at Reception No, with the Eagle County Clerk and Recorder("Final Plat"), the approved site plan attached hereto at Exhibit 3 ("Site Plan") and the approved landscape plan attached hereto as Exhibit LI ("Landscape Plan"). 5. Definitions BUILDING ENVELOPE: Building Envelope means that portion of a lot within which all buildings are confined. A specified Building Envelope does not alter setbacks. BUILDING HEIGHT:The building height shall be measured as the maximum height of any building segment from natural or finished grade (whichever is more restrictive) at any point directly above that grade location.A building segment is a portion of the building that contains one-third of that building elevation being measured. A stepped or terraced structure shall not exceed the maximum height of the underlying zone district, plus, either (a)the maximum grade differential to the lowest point of grade within five (5)feet of the structure or(b) ten (10) feet,whichever is less. 5 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 156 6 OIONO,W[NAT P36 WfTOO R/Lft TO MAMI aeE *IEF6 NIOIT— MOW WOO KUM MOL WRIENYL ePel MAIIML MOE MI NM At T001 MILE CC➢E SAAICME 0<10 MOW IS ILS 3 T 1. L0ES1 PONT OF OOOE eRW ME FUT C At Se.CIUE FLAT ROOF STRUCTURES MAMMY LPE RIOT NUNS PMINIFL 10 NAMAL 00I wino ewes I[011 --- UMW 11)0T IC101IG OMOE 0f10O11N1 PAC WM ova AE F001 POW CC AE STUOIRE K'ES X a to.maim WEST POIT O 0WE IOW LIME 11:E7 Cr AN SWAM ELECTRIC VEHICLE(EV).A vehicle registered for on-road use, primarily powered by an electric motor that draws current from a rechargeable storage source that is charged by being plugged into an electrical current source. Plug-in hybrid electric vehicles are electric vehicles having a second source of motive power. ELECTRIC VEHICLE SUPPLY EQUIPMENT(EVSE). Equipment used for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.There are two different standardized levels that are currently in use at which an electric vehicle's battery is recharged, identified as Level 2 and Level 3. LEVEL 2. (accelerated charging) Capable of charging at 1IOAmps or higher on a 208V or 2LIOVAC, single phase branch circuit.An EVSE capable of simultaneously charging at LIOAmps or higher for each of two vehicles shall be counted as two Level 2 EVSE. Level 2 connectors shall possess at a minimum an SAE J1772 EV plug. Other Level 2 EVSE connector types will not be restricted if listed or field- certified by an OSHA-approved testing lab and SAE certified. LEVEL 3. (fast/rapid charging) Capable of fast charging on a 100A or higher LI80VAC three-phase branch circuit.AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge the electric vehicle. Level 3 fast charging connectors can include but are not limited to:The CHAdeMO, SAE 6 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 157 7 Combo CCS 'Combined Charging System' and the Tesla Supercharger connector types.Wireless inductive charging systems. ELECTRIC VEHICLE LOAD MANAGEMENT SYSTEM.These systems (also known as 'smart charging', 'power sharing', or'load sharing') are technologies that allow multiple electric vehicles to charge simultaneously while not exceeding the capacity of an electric vehicle.The use of Electric Vehicle Load Management Systems requires approval by the Building Official. ELECTRIC VEHICLE (EV) CAPABLE SPACE. Electric Vehicle (EV) Capable Spaces are designated parking spaces where a basic level of infrastructure is installed to accommodate future electric vehicles. ELECTRIC VEHICLE [EV] READY SPACE. Electric Vehicle (EV) Ready Spaces are designated parking spaces where the ESVE infrastructure has been installed and is made ready for electric vehicle charging. FENCING:An artificially constructed barrier of wood, masonry, stone,wire, metal, or other manufactured material or combination of materials erected to screen or separate uncovered areas. In order to prevent human access across the Eagle River Preserve, except in locations designated by Eagle County, Colorado Parks I?Wildlife friendly fencing shall be established along the entire common boundary,where necessary,with the Eagle River Preserve. HOME OCCUPATION:the conduct of a business, occupation or trade as an accessory use entirely within a residential dwelling unit or accessory structure for gain or support, only by residents of the dwelling,that does not serve patrons on the premises, except in an incidental manner.A home occupation shall comply with the standards of the Eagle County Land Use Regulations for Home Occupations. IMPERVIOUS AREA: Impervious Area means a surface that does not readily allow water to infiltrate into the ground.The term may include, but not be limited to, building roof surfaces including roof overhangs, impervious concrete or asphalt pavement surfaces, compacted gravel and similar surfaces. LANDSCAPE AREA: Landscape Area is the total horizontal land area within the boundaries of the lot not covered by building, drives and parking,walks or other impervious materials. LOT COVERAGE: Lot or site coverage by buildings means the portion of a lot covered by a building or buildings including roof overhangs, covered porches, covered walkways or other similar covered areas. SHORT TERM RENTAL - The renting out of any residential dwelling unit for a period of less than thirty(30) consecutive days. SIGN:The term "sign"shall mean 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, and 7 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 158 8 painted, printed, constructed or displayed in any manner. SIGN HEIGHT: Sign Height shall mean the vertical distance from the average finished grade below the sign (excluding berming) to the highest point on the sign structure. 6. Standards Common Standards:The following standards shall apply to the West End PUD as a whole : Use by Right: • Multiple- Family Residential rental dwelling units excluding Short-Term Rentals • Parking facilities Accessory Uses: • Customary residential accessory uses including, but not limited to: decks, patios,walking paths, benches, seating areas, bicycle racks, refuse containers, and similar amenities • Home occupation • Parks, recreation areas, and facilities and structures associated with such uses • Club houses and related amenities • Building or roof-mounted solar and other energy production facilities • Storage facilities in support of uses located onsite • Carports • Garages Dimensional Limitations and Development Standards Building Height: Maximum Building Height: • PA- 1: 65' • Spires,towers, elevator penthouses,cupolas,chimneys, mechanical equipment, solar panels, and similar non-habitable projections may extend beyond the building height not to exceed 15' of the additional height Building Separation and Internal Setbacks: • South (HWY 6 frontage) - 25' • East- 12.5' • West- 12.5' • North - greater of 12.5' or half the height of the tallest building on the lot • 20' between structures or minimum required by building code, whichever is greater 8 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 159 9 Maximum Floor Area Ratio: 1.6:1 Maximum Lot Coverage by Building: 55% Maximum Impervious Area: 80% Minimum Landscape Area: minimum of 20% of the site Minimum Usable Open Space Area: 25% of the site The proposed useable open space is 38.0% of the site and is consistent with Eagle County's definition for useable open space which includes"open spaces designed for use as common areas, including parks, recreation areas, gardens, paths,walkways and trails". Specifically for the West End project the proposed useable open space includes the following areas: pool and garden courtyard recreation and leisure areas, pool and spa water bodies, community gardens, entry plaza, dog park. landscaped areas, site walkways and paths,and all open areas throughout the project that are not otherwise surface parking, loading areas, streets or driveways. Parking Ratios: • Studio - 1,0 space/D.U. • 1-Bedroom - 1.0 spaces/D.U. • 2-Bedroom - 2 spaces/D.U. Parking Stall Dimensions in structured parking: • Standard Space - 9'Wide x 18'-6" Deep • HC Accessible Space - 13'Wide x 18' Deep, including 5'aisle • HC Van Accessible Space - 16'Wide x 18' Deep, including 8'aisle Fencing: 6'tall maximum Trash and Recycling: • All trash shall be stored within trash structures and within wildlife proof containers. All multiple family structures shall have access to an onsite recycling and trash collection facility.The same amount of floor area devoted to trash collection shall also be available for recycling facilities. Snow Management Plan. • Snow will be relocated/stored for the public access/parking areas in designated storage areas. Snow removal/storage from exposed top-level of the parking garage shall be relocated/stored in a designated area. The Snow Management Plan contains the following provisions: • Snow storage areas shall be provided in the PUD in an amount equal to 5% of all on— street parking areas as detailed in the ECLUR. • Snow removal and maintenance for all roadways, bike lanes, paths,trails, and sidewalks associated with the PUD shall be provided by the Owner of the PUD property("Owner"). • Snow removal from all public streets and sidewalks shall commence with any snowfall amount of 2" or greater. 9 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 160 10 • Snow removal from private walkways and roadways shall be required to be commenced by the parcel owner with any snowfall amount of 2" or greater. 7. Sustainability The PUD has been developed with environmental sustainability at the forefront of the design. The following sustainability measures shall be employed for this PUD. • All multiple family buildings in excess of 5,000 sq.ft.will be independently verified and certified to comply with the National Green Building Standard. Other above code alternatives such as LEED, or similar as agreed upon by the Applicant/ Owner or its assigns and the Eagle County Sustainable Communities Department Director may also be acceptable; • All multiple family buildings and community buildings will be entirely electric;there will not be a gas line to the site; • Solar, photovoltaic, panels are planned for the roofs of multiple-family buildings and other structures to offset energy consumption.A minimum goal of a 15% renewable energy offset of total energy use will be provided within the PUD; • Utilizing non-absorptive materials, including reflective roof and lighter colored paving materials and maximizing the percentage of hardscape area to be shaded by plant canopy in order to reduce the Heat Island effect; • Electric car charging stations shall be provided within the garage structure. Calculations for the number of spaces shall be rounded up to the nearest whole number.The minimum required quantity of EV parking spaces shall be calculated based upon the total provided new and existing parking spaces for the building. o Number of Level 2 EV CAPABLE spaces - 50% of provided parking spaces o Number of Level 2 EV READY spaces - 20% of EV Capable spaces inclusive of the EVSE installed spaces o Number of Level 2 EVSE Installed spaces - 5% of EV Capable spaces • All dwelling units will be equipped with efficient water fixtures (Water Sense certified or equivalent) and appliances (EnergyStar certified or equivalent); 10 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 161 11 • Sidewalks and trails will be developed within the PUD such that all residents and guests will be afforded reasonable pedestrian and bicycle access to the Eagle County Trail System and the Eagle River Preserve Open Space; • A minimum of 10% of the parking provided in the garage structure may be reserved for carpool vehicles depending on demand identified in the comprehensive parking plan at building permit; • Covered bicycle parking shall be provided within the PUD for at least 25% of the residents of the PUD. Bicycle storage may be provided in a variety of locations within the PUD including within dwelling units themselves; • Additional bicycle amenities may include an on-site bike wash and a bike repair station; • Electric outlets shall be provided within formal bicycle parking facilities to allow for electric bicycle charging.At a minimum, 10% of formal bicycle parking shall accommodate electric bicycle charging; • An equal area for recycling and waste diversion as provided for typical trash facilities will be provided within commercial and multiple-family structures within the PUD; • All exterior light fixtures within the PUD will be Dark Sky Compliant. 8. Site Specific Requirements Information concerning site-specific considerations, including but not limited to information concerning groundwater levels and geotechnical reports for Planning Area A may be required in the discretion of Eagle County Engineer as part of a building permit application and the Eagle County Engineer may require additional analyses to address any issues or concerns prior to issuance of a building permit. 9. Property Owners Association A property owners association or similar governing authority may be formed and the provisions of any such association may be more restrictive than this West End PUD Guide, provided that if there is a conflict between the provisions of any such association then this West End PUD Guide shall control. 10. Future Subdivision The West End PUD is currently one single lot. If at a later date the lot is subdivided then as a precondition of any said subdivision(s), a property owners association or similar governing authority shall be formed (to the extent not already in existence) and shall specify the respective rights and obligations of the component parcels and require that the subdivided component parcels collectively remain in compliance with this West End PUD Guide. Separate individual property owner associations or similar governing bodies may be formed for the subdivided 11 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 162 12 Planning Areas and/or Building Envelopes, provided that any such individual associations shall be bound by the terms of this West End PUD Guide. 11. Parking Management Plan The following, in conjunction with the provisions of Section 7: Standards, shall constitute the "Comprehensive Parking Plan" of the West End PUD for purposes of the Eagle County Land Use Regulations. Parking variations are approved as an element of the West End PUD to induce affordability and in recognition of the West End PUD's central location within immediate proximity to jobs, services, public transportation, open space, and the Edwards commercial core.To effectively manage the parking of the West End PUD, the following requirements shall always be adhered to: • Lease: All leases shall designate the specific number of parking spaces assigned to a unit,the occupant[s] thereof shall be issued a parking permit(s) for the designated space(s) and said parking permit shall be displayed at all times in a vehicle that is parked in the designated space(s). Not all occupants of a unit may be issued a parking permit.Any vehicle parking in violation of these rules may be ticketed,towed, or booted and the owner of the vehicle fined. • Parking Outside of a Designated Space:All vehicles shall be parked within a designated parking space. No parking shall be allowed outside of a designated space.Any vehicle parking in violation of these rules may be ticketed,towed, or booted and the owner of the vehicle fined. • Guest Parking Spaces: Guest parking spaces shall be designated within the West End PUD.A resident of the West End PUD may request a guest pass on behalf of their guest,which may or may not be issued. Guests parking in a guest space, must display at all times in the parked vehicle the issued guest pass. No resident of the West End PUD may be parked in a designated guest parking space. Any vehicle parking in violation of these rules may be ticketed,towed, or booted and the owner of the vehicle fined. • Enforcement:The provisions of this parking management plan shall be enforced by the owner of the West End PUD or its designee and any resident in violation of this parking management plan may have its parking and other privileges revoked, in addition to the resident's vehicle that is in violation being ticketed,towed, or booted, and the owner of the vehicle fined. • PUD Comprehensive Parking Plan:The provisions of this Parking Management Plan,together with the Section 7: Standards and Section 2y: 12 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 163 13 Authorized Variations hereof, shall constitute the West End PUD's Comprehensive Parking Plan that supersedes any conflicting parts of the Eagle County Land Use Regulations. 12. Roadways, Parking Facilities and Sidewalks • Maintenance and Construction:The internal roadways, parking facilities and sidewalks within the West End PUD shall be constructed by the Owner of the West End PUD. The roadways, parking facilities and sidewalks within the West End PUD shall be privately owned but subject to a public access easement. The maintenance, repair and replacement of the internal roadways, parking facilities and sidewalks, including snow removal, shall be the responsibility of the Owner of West End PUD.The roadways and sidewalks within the West End PUD shall be maintained to a standard for similar roadways within Eagle County.The Owner of the West End PUD may assign the foregoing responsibilities but shall remain ultimately responsible. 13. Landscape Plan The Landscape Plan for the West End PUD, attached hereto as Exhibit LI, addresses the Detailed Landscape Plan requirements listed in the Eagle County Land Use Regulations. The Landscape Plan sets forth the type and quantity of trees and other plant materials and landscape features to be installed. • Landscape Drawing:The type and quantity of trees and other plant material to be installed within the PUD is set forth in the Landscape Plan. Water intensive treatments and turf areas have been minimized in conformance with the principles and standards of the ECLUR. Modifications may occur provided that drought tolerant turf grasses shall be used and the landscape buffer areas on the sides(east and west) and rear(north) of the West End PUD where drip irrigation is anticipated shall consist primarily of native grasses and plant varieties adapted to local soil conditions and exposure. More specifically,the West End intends to apply a 'Dry Mountain Native Seed Mix'with adaptable and drought tolerant species appropriate for the upland site. Seed mixes will be specified from one of three see mix providers which include: Pawnee Buttes Seed Inc,Arkansas Valley Seed Inc, or Seeding the Rockies. Areas seeded with the Dry Mountain Native Seed Mix will be irrigated temporarily until the seed is established, and up to a period of 2 years.The exact species in the seed mix, and the ratio and application rate will be determined during the construction documents stage of the project and for the permit application with direct input from the selected seed vendor. • Irrigation Plan: Pursuant to the Eagle County Land Use Regulations, a detailed irrigation plan and specifications shall be included as part of the application for Final Plat.The most efficient irrigation water delivery systems will be used. The proposed irrigation system will utilize temporary 13 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 164 14 and permanent irrigation strategies. Temporary irrigation will be applied to areas of the site seeded with a Dry Mountain Native Seed Mix.,This system will generally consist of temporary above ground water lines with spray irrigation provided by rotors and aimed directly at seeding areas. The temporary system will be in place until the seed is established, and up to a period of 2 years. The permanent irrigation system will provide water to areas of the site that include perennials, shrubs, and trees. The system will include a moisture sensor and will be operated automatically by a programmable time clock. The permanent irrigation system will use drip and micro spray irrigation and apply the minimum amount of water possible for plants to grow,thrive and provide the intended aesthetic and functional goals for the project. Both temporary and permanent irrigation systems will be designed by a Certified Irrigation Designer(CID) and meet the LEED Gold standard criteria for water use and efficiency, in addition to Eagle County's standards. • Maintenance:The Landscape Plan of the West End PUD shall be installed pursuant to the Eagle County Land Use Regulations including but not limited to: all landscaping shall be healthy at the time of its installation;the Owner of the West End PUD shall be responsible for maintenance of landscaped areas and all landscaping shall be maintained so that it remains alive or is replaced with landscaping of a similar type and quality; all landscapes should be regularly maintained with approved methods by the State of Colorado to eliminate noxious weeds or invasive plants as found on the current Eagle County noxious plant material list; landscape areas shall not be used for parking, outdoor storage and similar uses, but may be used for snow storage if properly designed for this function; hardy tree and shrub species appropriate for planting in snow storage areas should be utilized in designated snow storage areas. • Wildfire Protection and Defensible Space: See section 18:Wildfire Mitigation, below. • Landscape Materials: Landscape materials approved for the PUD include native, drought tolerant species wherever possible and shall be limited to those species as specified in the landscape plan.The species selected are appropriate to USDA zone 4b. • Landscape Quantities and Sizes:The minimum tree and plant quantities and sizes shall be in accordance with the Landscape Plan.The minimum sizes required in the ECLUR are reflected in the Landscape Plan. • Substitutions and/or Minor Deviations: Substitutions of plants and/or minor deviations in locations shall be permitted, provided that the overall number of trees and shrubs and their sizes are not reduced. 14 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 165 15 • Irrigation Plan and Water Efficiency:The Landscape Plan shall include an outdoor irrigation plan that meets water efficiency standards determined by the Upper Eagle Regional Water Authority("UERWA") and approved by UERWA. It is the intent of the West End PUD to achieve a LEED Gold certification, requiring a water efficient landscape and irrigation. • Maximum Allowable Outdoor Water Use:The West End PUD shall be subject to a maximum allowable water use limit to ensure that the West End PUD does not exceed its outdoor water allocation as established by the water service agreement between the Owner of the West End PUD and UERWA. Said agreement shall be provided to the County with the submission of an application for final plat for the West End PUD. • Tree Vaults:Any trees planted within a paved area shall meet the requirements of the Eagle County Land Use Regulations. Ft Signage Plan The following, in conjunction with the provisions of Section 7: Standards, shall constitute the "Comprehensive PUD Sign Plan" of the West End PUD for purposes of the Eagle County Land Use Regulations. • Project Entry Monument 6.Sign: Project entry monument and signs shall be limited in quantity to two. o U.S. Highway 6 and Loop Road:A project entry monument and sign may be located at the northwest corner of the intersection of U.S. Highway 6 and Loop Road.The dimensions of said project entry sign shall not exceed 32 square feet in size (excluding any supporting structure or base) and the maximum height measured from the finished grade at the location where the sign is erected shall not exceed 8 feet. o Loop Road and Edwards Plaza Drive:A project entry monument and sign may be located at the southeast corner of the West End Parcel, near the Edwards Plaza access from the Loop Road.The dimensions of said project entry sign shall not exceed 32 square feet in size [excluding any supporting structure or base) and the maximum height measured from the finished grade at the location where the sign is erected shall not exceed 8 feet. • Structural Identification Signage: Structure identification signage shall be limited to two per Building Envelope and individual letters/numbers shall not exceed 20 square feet for each building. 15 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 166 16 • Traffic and Directional Signage: Reasonable and customary traffic and directional signage shall be allowed throughout the West End PUD where necessary to manage traffic and/or provide direction to residents and guests.Traffic and directional signage shall be in accordance with the "Manual of Uniform Traffic Control Devices"and the Colorado Supplement thereto pursuant to the Eagle County Land Use Regulations. • Other Allowed Miscellaneous Signs: Standard temporary or permanent signage erected by a public entity or utility is permitted. Temporary construction sign[s] shall be permitted not to exceed 10 square feet up until a Certificate of Occupancy has been issued for the project.All other signs shall be regulated per the Eagle County Land Use Regulations. • Design Guidelines: Please also see Objective 25.5 of the Design Guidelines for the West End PUD, attached at Exhibit 2. 15. Lighting Plan • The intent of the lighting plan of this West End PUD Guide is to provide the minimum lighting necessary to meet building code and provide appropriate lighting for parking and common areas between buildings to ensure safety. All exterior lighting within the West End PUD shall be directed downward or shielded. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering,shielding, height and number of sources. Streetlights used for illumination of public ways are to be 20 feet or less in height. Pedestrian routes may be lit with bollard lighting. Exterior lighting on the North facing elevation(s) shall be limited to the minimum level[s]to provide safety and security. Outdoor lighting used for decorative effects (architectural, illumination,flag and monument lighting, illumination of trees, bushes, etc.) should be located, aimed or shielded to minimize stray light trespassing across property boundaries. Decorative effects are prohibited on North facing elevation(s) and will be enforced through resident leases. Please also see Objective 25.6 of the Design Guidelines for the West End PUD, attached at Exhibit 2. 16. Wildlife Protections • Domestic Pets:All domestic pets within the community must be restrained when outside their units unless they are in the designated "Dog Park" within the West End PUD. 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 167 17 • Refuse Containers and Dumpster:Trash and recycling refuse containers and dumpsters outside of the structures within the West End PUD [i.e. not a resident or occupant's unit) shall meet the standards of the Eagle County Land Use Regulations for"Wildlife Resistant Proof Refuse Containers" and "Wildlife Proof Dumpster Enclosure" as applicable, provided that a "Wildlife Resistant Refuse Container" as defined in the Eagle County Land Use Regulations may be used for curb- side pickup if it only remains outdoors from dawn to dusk on the day of pickup. • Landscaping: Fruit, nut, and berry producing landscaping that are prone to attracting bears shall be prohibited. • Wildlife friendly fence:Wildlife friendly fencing as defined by the CPW and specified for the PUD will be utilized between the interface of the PUD with the Edwards Preserve. o The CPW standards for wildlife friendly fencing in the 'Fencing with Wildlife in Mind' document states that the "friendliest"fences for wildlife are very visible and allow wild animals to easily jump over or slip under the wires or rails.The Colorado Division of Parks and Wildlife recommends Fencing wire placed on the side of the fence posts where the domestic animals are located; Smooth wire or rounded rail for the top, smooth wire on the bottom; Height of top rail or wire should be y2" or less;At least 12" between the top two wires; At least 16" between the bottom wire or rail and the ground; Posts at minimum 16' intervals; Gates, drop-downs, removable fence sections or other passages where animals concentrate and cross; Using a rail, high-visibility wire, flagging or other visual markers for the top. 17. Drainage and Stormwater Control The West End PUD includes a system of low velocity vegetated drainage swales and basins to detain and treat stormwater.These drainage swales are generally located on the sides and rear of Building Envelope A and have varying widths depending on location within the Drainage Plan. Please see the Drainage Plan submitted with the West End PUD application for specifics. The design is a natural, low impact, cost-effective, and efficient means of mitigating the stormwater runoff.The drainage design for this development is also an environmentally friendly approach to maximizing the scarce water of Eagle County by repurposing runoff as a supplementary irrigation source of the landscape buffer along the perimeter of the West End PUD. 18. Wildfire Mitigation 17 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 168 18 • Defensible Space: Except for grasses or non-combustible landscape groundcover,trees and shrubs shall be located at least 10' measured horizontally from the face of the primary structures. All trees within the side [east and west) and rear[north) Building Setbacks shall be pruned to at least 8 feet above the ground but no more than 1/3 the overall height of the tree [deciduous trees are exempt]. Dead stems and shrubs must be removed. Shrubs shall not be located immediately adjacent to trees in a manner that would permit the shrub to act as a ladder fuel. Other wildfire mitigation best practices may be reviewed and adopted from time to time. Notwithstanding the foregoing,the requirements of this paragraph shall not apply to trees located within the 10'sidewalk in tree vaults. • Ignition Resistant Exterior Materials: Ignition resistant building materials shall be used on the exterior faces of the primary structures located in Building Envelope A [e.g. cement stucco, brick, stone, metal, cement fiber board, exterior walls listed as a one-hour fire resistive assembly,fire retardant treated wood, etc.]. 19. Architectural Design Guidelines Please see the Design Guidelines attached in Exhibit 2. 20. Statement of Flexibility Final Plat approval may reflect minor variations for the Site Plan and Landscape Plan, if authorized by the Director of Community Development for the purpose of establishing: • Final grading; • Final road alignments; • Final building envelopes; • Final access and parking locations; • Landscaping adjustments. 21. Construction Drawings Fully engineered and complete designs for all common area and horizontal improvements of the West End PUD, including but not limited to plans for final grading and drainage plans, utilities, roadways, and sidewalks shall be required by the County Engineer prior to Final Plat approval. 18 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 169 22. Access Trail to Eagle River Preserve Open Space A soft surface path along the North side of the PUD will be constructed by the Owner to provide access to the existing Eagle River Preserve trail entrance on the east side of the PUD, from the Edwards Commercial Plaza (the "Access Trail"). The Owner shall be responsible for the maintenance, repair and replacement of the Access Trail. 23. Workforce Concurrent with the approval of the Final Plat,the Owner of the West End PUD shall sign perpetual Eagle County Housing and Development Authority Resident Occupied rental deed restriction for 65% of the Units and an Eagle County Housing and Development Authority Price Capped rental deed restriction for 10% of the Units restricting rents at or below rates that are affordable to Households with incomes no greater than 80-100 % area median income,to be recorded against the West End PUD, in a form approved by the Eagle County Housing Director, pursuant to the terms and conditions of the Workforce Housing Plan of the West End PUD attached hereto at Exhibit 5.The deed restrictions shall be recorded immediately following the recordation of the final plat for the West End PUO. The Short-Term Rental of any deed restricted unit is prohibited. 2y. Phasing All site improvements and infrastructure of Planning Area A shall be developed in a single phase.The buildings, inclusive of multiple family buildings, parking facilities, and other structures within the West End PUD may be developed at the same time as Planning Area A, or one or more additional subsequent phases over time. 25. Deviations and Amendments Minor Amendment: Minor Amendments are specific changes to the PUD that do not significantly alter the overall design concept, character and intent of the PUD. Minor amendments include but are not limited to: minor changes in internal road alignments;trail alignments;easement alignments;landscaping;and land uses that do not alter the overall character of the PUD.Text changes to this document that are intended to provide clarity, correct conflicts, or that consider prior oversights shall also be considered Minor Amendments. Minor Amendments shall be processed under the authority of the Eagle County Community Development Director.The Director may approve a Minor Amendment if it is found to be generally consistent with the overall character and intent of the PUD and to not negatively impact adjacent properties or land uses.Appeals from any decision of the Director shall be governed by the Eagle County Land Use Regulations as it may be amended from time to time. Major Amendments are specific changes to the PUD that, as reasonably determined by the Director, significantly alter the overall design concept, Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 170 20 character and intent of the PUD. Major amendments include but are not limited to major changes in: road alignments; connections to external roads; land uses; and changes to the affordable housing plan. Major Amendments shall be processed as an Amendment to Preliminary Plan for PUD per the Eagle County Land Use Regulations, as it may be amended from time to time. PUD Guide Execution IN WITNESS WHEREOF, Eagle County and the Owner of the West End PUD have executed this PUD Guide for the West End PUD effective as of the day of , 2021. BOARD OF COUNTY COMMISIONERS OF EAGLE COUNTY COLORADO CHAIR ATTEST: CLERK& RECORDER OWNER: EDWARDS WEST END EW INVESTOR, LLC By: Its: 20 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 171 21 Exhibit 1 Legal Description of the West End PUD Lot 1 of the West End P.U.D., recorded at Reception No. ,Clerk and Recorder, County of Eagle, State of Colorado • 21 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 172 22 Exhibit 2 Design Guidelines A. Site Planning: The PUD site planning has been developed around the topography of the property,the relationship of the property to the Eagle River Preserve Open Space, surrounding properties, and the new loop-road access.These three elements of the existing site have informed the location of the project access leading from the Highway 6 loop road. The buildings are located to take advantage of views primarily to the north, east, and south. Additional key open areas and view sheds were considered to provide framing and layering of views from the main courtyard over the shorter clubhouse building portion to the south. The resident parking is concealed within the parking structure,thus removing vehicle parking from the viewshed of guests and residents. Building massing,form and height is reflective of the terrain and pre-development conditions.To best take advantage of the topography,the buildings are stepped to provide lower elevations [3 and LI stories) along Highway 6 with the 5-story sections facing the preserve to the north. B.Architectural Intent: Structures and streetscapes that are experienced simultaneously within the same pedestrian or automobile view shed shall display a complementary architectural style and theme. Exterior materials, colors, openings, roof styles and other visible details and features shall be considered. Building form in the vertical dimension should be rational,with strong foundation elements supporting lighter structures above. Intermediate architectural forms, awnings, and greater overall setbacks could also be used to further enhance human scale. Additionally, building facades shall be broken horizontally to provide relief from the length of the building, if over 100'.This should be accomplished with changes in the plane of building facades. Changes in the use of fenestration, balconies, and variation in materials and color may also be necessary to achieve the goal of reducing the perceived mass of a building. On larger building facades, a minimum of two to three materials shall be provided to again help reduce the mass of these buildings. All building facades shall be finished in a manner similar to and consistent with the principal façade. 22 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 173 23 Architectural detail shall vary the height for at least 10% of any building façade. Exterior materials and textures shall be varied to be both consistent with the design theme and to eliminate planer facades. At least 20% of the surface of any building façade must be either recessed or projected for a minimum delta of 2-feet. Spandrel panels or opaque screening systems, such as louvers,shall be used to screen vehicles from view on all levels. The type and form of roofs should enhance building architecture.A variety of roof forms are allowed throughout the PUD but there should be consistency within the PUD. Taller multiple family buildings may have sloping roofs,flat roofs with parapets, or some logical combination of roof elements that allow for a complete and cohesive design. Awnings and intermediate roof forms will be considered to add articulation and reduce the perceived scale of the structure. Parapets and/or other architectural features will be included on buildings with flat roofs to screen rooftop vents and mechanical equipment from pedestrian areas and immediately proximate travel route viewsheds. The PUD will incorporate solar energy components into building design to the greatest extent practical and to orient and design buildings, building windows and entrances and building roofs to maximize opportunities for the collection of(and shading from) solar radiation to the extent possible. The materials,textures, patterns, colors and other treatments used in the design of buildings and public space are critical to the establishment of a unique, attractive character and sense of place. Life cycle costs should be carefully considered to ensure products are durable and easy to maintain in the long-term, reducing energy consumption and ensuring safe, attractive structures far into the future. Colors used on building exteriors will reflect consideration of the natural environment as well as the nearby built environment. A palette of wood, metal, glass, stone, brick,cementitious wall board, composite cladding and panels, and/or stucco will be used in building architecture. Exterior materials should be high quality and durable, requiring minimal long- term maintenance. Different materials and/or surface treatments on the same building will be separated by architectural or structural features. The PUD will use building elements such as awnings, canopies, eaves,columns, planters, 23 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 174 2Ll moldings, changes in paving material, or other treatments to define building entrances. Architectural treatments of above ground structured parking shall be utilized to ensure the objectives and policies of the 2009 Urban Design Elements,Appendix B of the Edwards Area Community Plan are achieved, including, but not limited to, Objective 2L.I. 3 - Parking and Objective 23. 5 - Exterior Finishes. The general policies of the 2009 Urban Design Elements,Appendix B of the Edwards Area Community Plan shall generally be achieved, including but not limited to Objective 23. 2 - Building Setbacks and Objective 23. 3- Pedestrian Scale. C.Architecture along Highway 6: Buildings located along the Highway 6 frontage [within 50'of the Highway 6 right-of-way], shall utilize wall and window systems with adequate insulation, such that normal noise levels within the units are generally 50 dBA or less as is provided in a typical unit. D. Building Design Adjacent to Eagle River Preserve: Buildings located directly adjacent to the Eagle River Preserve along the north property line of the PUD, shall be developed to reduce impacts to wildlife by reducing the impacts of humans and noise. Patio, pool, and hot tub areas are located within the courtyard and shall be equipped with walls or screens to attenuate noise produced in these areas. Walkways and breezeways shall be planned in a manner sensitive to impacts to wildlife located on the Eagle River Preserve. E. Parking Garage Façade design standards: a. Parking structures shall be designed to conceal the view of all parked cars and internal light sources from adjacent public rights-of-way and publicly accessible open space for the full height of the structure. Submitted elevations shall demonstrate sufficient screening of parked cars and interior lights. ■ om — •0 is MU m m �.r m ow =mg mom A — RIGHT-OF•WAY I F. Parking garage façade treatment.The parking structure exterior should be finished 2y Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 175 25 with architectural embellishments and detailing that will create visual interest for adjoining properties and enhance the public right-of-way.There are five methods of incorporating elements within the design in order to achieve successful architectural facades on visible parking structures.The following sections outline those elements which shall be necessary for the approval of a parking garage structure. In general, exterior design plans shall include a minimum of two [2) of the following elements: a. Architectural compatibility with the principal building[s)thru color,form, and similar material[s); b. Exterior facade covering for the entirety of unimproved concrete panels; c. Fenestration and/or opening articulation/screening; d. Exterior architectural articulation with a change of plane[minimum 2' )for every 150' of length; e. Exterior architectural articulation expression of top, middle and bottom thru form and/or color; and f. Other methods) as approved by County staff. 25 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 176 26 Exhibit 3 Site Plan 26 oreaex1.0.1 Z 0 7 aa :2o 1 1 I 0 . t 1 i.-0 LLJ I lil $ 1 € ' 3 1 F- F o w ggox '1 , gg bI u rn Iw ' w— w_" M w'._ "(:. (SNriA AWI-lY-11CIY� N / i ( - T L 7 J �1 I 11 _ a f . gII um J i__ e\ �l ;ER rill 0 r Ir CL 2O Ib I ' • sr64 grrr ,••Ir,.�lif,/ I 9 Cn : I I � �i 0 g lir1 4 �� a1 ,Y ax,` i44 IZOO I a , i , ;' 1,-, ! -, :--:;;Arroffn O LL I' ' l ��� e ff ; b �r :; NwWO __ /� � e ' � y W 2 I_ (") l ♦\¼ : -z, \ i Ai I • —x r7 • - , inkv,e- \.\,:'• lifiAtill I I: 1 li .8 - tigli '1' i _1 . w \ \:, '' \ WPM"' II Qcq `'c V. 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'; pqet 001 - _-) /AV' ,47,4' F ifmg!11 1,1111 1 33 j l .. {i'^�r ♦.♦y f♦ii♦ ♦� /j �,/�Jp/) N 4 I t S a rp z r 1! 5 •_ .% r .5.1 .c 1g I fig§ ti _ aQ g m ° 00 / ��• ' P'.1 * i_ dig a! sg ill! 1 gIS4�777 S!\arc g 1 i i ? - c i 9 i i ¢ mw.iawrdnm,u„24,w.me+n.3.10,.WafinamlµmNru,as.,uwe S Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 178 28 Exhibit 5 Workforce Housing Plan 28 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 545 One of the key principles and objectives of the West End PUD is to Create Terrific places for people that live and work in Eagle County to live and thrive.As a local development company based in Avon, it is evident that housing is one of the largest challenges facing the community.As such,the Applicant has assembled a comprehensive approach to not only satisfy, but to exceed the Eagle County Affordable Housing Guidelines. Below is a calculation of the required minimum workforce housing units based on the proposed West End PUD and the existing Eagle County workforce housing guidelines. Total Allowable PUD Units (275) x Mitigation Rate (25%) = 68.75 Minimum Workforce Mitigation Credits Required Below is a table of the proposed workforce mitigation plan, exceeding the minimum Eagle County Affordable Housing Guidelines by 112%. WORKFORCE HOUSING MITIGATION TABLE PUD Allowed Total Deed Restricted Housing Type %of PUD Units AMI Range Mitigation Rate Mitigation Number of Units Credits Price Capped-Rental Housing 10% 28 80-100% 2 56 Resident Occupied-Rental Housing 65% 179 N/A 0.5 90 Deed Restricted 207 346 The Affordable Housing Plan of the proposed West End PUD shall designate 75% (seventy-five percent) of the multifamily residential units as deed-restricted. 10% (ten percent) of which shall be designated as Price Capped Rental Housing pursuant to Section Ll.02 - Price Capped Rental Housing and may be rented at rents set at or below rates that are affordable to Households with incomes no greater than 80%-100% AMI, in addition that the units are rented solely to Eligible Households as defined in the Eagle County Affordable Housing Guidelines. Additionally, the project's property management will qualify prospective tenants' income to ensure that the Price Capped Rental Housing units are made available to the population living within the 80%-100% AMI thresholds. 65% (sixty-five percent) of which shall be designated Resident Occupied pursuant to Section LI.OLI - Resident Occupied Rental and may be rented without any limitation of rental rate, provided that said designated units are rented solely to Eligible Households as defined in the Eagle County Affordable Housing Guidelines. Short Term rental of any unit is prohibited and the deed restrictions will be recorded immediately following recordation of the Final Plat. In accordance with Chapter 5 of the Eagle County Affordable Housing Guidelines,the below reflects the information relevant to the West End PUD's Housing Plan: 1. Total Estimated Leasable SF: 230,632sf Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 546 2. Total Estimated number of market rate units: 68 3. Total Estimated number of Affordable Housing units: 207 LI. Total estimated square footage of Commercial Development: N/A 5. Estimated Average lot size of proposed Affordable Housing and market rate units: N/A 6. Estimated location of proposed Affordable Housing within the Project:The Affordable Housing units will be spread throughout the project. 7. Estimated production schedule of Affordable Housing and market rate units:The Affordable Housing and market rate units will be delivered simultaneously. 8. Concept for marketing to Households that may be eligible for the Affordable Housing:The Applicant intends to facilitate community outreach to inform Households of their eligibility for the Affordable Housing along with discussions with local businesses in the community. Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D EXHIBIT D approved PUD Agreement for the Edwards West End PUD, dated November 19, 2024 20 of 20 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D COUNTY OF EAGLE, STATE OF COLORADO PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE WEST END PLANNED UNIT DEVELOPMENT File Number: PDSP-009297-2022 WHEREAS, on or about September 28, 2022, the County of Eagle, State of Colorado, accepted for filing applications submitted by Edwards West End EW Investor, LLC (hereinafter "Developer") for approval of the West End Planned Unit Development("West End PUD"), including an application for a Minor Type A Subdivision, File SMA-009294-2022; applications for amendment to the official zone district map of Eagle County to rezone from the expired and extinguished 2007 West End PUD to the RSL and CG (File No. ZC-009296-2022 and File No. ZC-009298-2022); an application for a Minor Type B Subdivision, File No. SMB-009295-2022; an application for an amendment to the official zone district map of Eagle County to rezone from RSL, CG and R to West End PUD, File No. 009405-2023 (the "Zone Change"); an application for a consolidated Sketch Plan for PUD and Preliminary Plan for PUD for West End PUD, File No. PDSP-009297-2022 (the "Sketch and Preliminary Plan for PUD"); and an application for a 1041 Permit for the West End PUD to construct major extensions of existing municipal and domestic water and wastewater treatment system, File No. 1041-009300-2022. On or about December 21, 2022, Developer submitted an application for amendment to the official zone district map of Eagle County to rezone from the expired and extinguished 2007 West End PUD to and the R zone districts (ZC-009403-2023). On or about June 16, 2023, Developer submitted an application for an amended final plat for the Edwards Plaza/West End Amended Final Plat, File No. AFP-009412-2023 and on or about January 27, 2023, Developer submitted an application for an amended final plat for the Gas House/West End Amended Final Plat, File no. AFP-009327-2023. On or about May 20, 2024, the County accepted an application submitted by Developer(34083 Highway 6, Edwards Area, Parcel ID: 2105-054-00-024), Gas House Properties, LLC 34185 Highway 6, Edwards area, Parcel ID: 2105-054-14-002), and Edwards Plaza, LLC (57 Edwards Access Rd, Edwards area, Parcel ID: 2105-054-13-002) seeking a Variance From Improvement Standards in connection with the access road(the"Loop Road") which would serve real property and improvements known as the West End Development, the Gas House, and Edwards Plaza, located in the County of Eagle, State of Colorado; and WHEREAS, together, these applications allow for development of a multifamily residential development consisting of 275 rental units on approximately 4.8559 acres (collectively the"Applications" or the"PUD"). The property that is the subject of these Applications is located in the Edwards area, on the north side of Highway 6,just west of the intersection with the Edwards Access Road, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, concurrent with the approval of the Applications, the Eagle County Board of County Commissioners (the "Board") and the Developer hereby enter into this Planned Unit 1 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D Development Agreement (hereinafter referred to as the "Agreement"),binding the PUD to any conditions placed in the County Resolutions approving the Applications and such supplemental agreements relating to the PUD as may be appropriate and necessary; and WHEREAS, this Agreement provides for, among other things, the inclusion of a common open space park and recreational area plan, a landscape plan, and a housing plan in accordance with the Eagle County Land Use Regulations (the "ECLUR"); and WHEREAS, this Agreement ensures development of necessary public improvements planned to accommodate the development of the PUD in accordance with the ECLUR and the Eagle County Engineering Criteria Manual ("Engineering Criteria Manual"); and WHEREAS,pursuant to the ECLUR, the Board finds that the following provision shall set forth the obligations of the Developer pursuant to this Agreement. NOW, THEREFORE, in consideration of approval of the Applications for the West End PUD, and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is agreed as follows: AGREEMENT 1. CONDITIONS IN THE RESOLUTION 1.1 The PUD, including the Developer and successive owners of any part thereof, is bound to all of the conditions placed in the Eagle County resolutions approving the consolidated Sketch and Preliminary Plan for PUD and other related Applications approved by the Board on September 9, 2024, and approved by resolution on November 19, 2024 (all such resolutions are collectively referred to herein as the "Resolutions"). 2. COMMON OPEN SPACE, PARK AND RECREATION AREAS 2.1 Common Open Space, Parks, Recreation Areas and Amenities. The Developer agrees to be bound by its verbal and written assurance as to its common open spaces,parks and recreational areas as set forth in the Applications and in the Planned Unit Development Guide for The West End PUD (the "PUD Guide"), a copy of which is attached hereto as Exhibit B (the "Common Open Space Plan"). The Common Open Space Plan, as outlined in Section 6 of the PUD Guide specifies that approximately 38% of the PUD property shall be usable open space and includes open spaces designed for use as common areas, including parks, recreation areas, gardens, paths, walkways and trails. Specifically, the useable open space for the PUD includes the following areas: pool and garden courtyard recreation and leisure areas,pool and spa water bodies, community gardens, entry plaza, dog park, landscaped areas, site walkways and paths, and all open areas throughout the PUD that are not otherwise surface parking, loading areas, streets or driveways (hereinafter referred to as "on-site amenities"). Construction of on-site amenities included in the Common Open Space Plan shall be completed and available for use by residents of the PUD prior to issuance of the first Temporary Certificate of Occupancy for the PUD. 2of16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 2.2 Maintenance. The common open space, parks and recreation areas and amenities contained in the Common Open Space Plan shall be constructed, maintained, repaired and replaced by the Developer or a property owners' association formed for the PUD. 3. LANDSCAPE PLAN AND LANDSCAPE GUARANTEE 3.1 Landscape Plan. The Developer agrees to submit with the application for Final Plat approval a Landscape Plan for the common and public areas of the Property subject to such Final Plat that complies with the Landscape Plan for the PUD, as described in Section 13 of the PUD Guide and as attached to the PUD Guide as Exhibit 4. The Landscape Plan must be approved by the Board as part of the SIA (defined below) concurrently with approval of each Final Plat with respect to the property subject to such Final Plat. 3.2 Agreement to Guarantee Landscaping. The Developer agrees to provide a guarantee pursuant to the requirements of the ECLUR in the form of a letter of credit acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan for the PUD will be installed. The Developer agrees to provide such guarantee for no less than one hundred and twenty-five percent (125%) of the estimated cost to install the landscaping improvements for such Phase. The Developer agrees that the landscaping guarantee for the PUD shall be provided at the time of recording of the Final Plat for the PUD. In the event such guarantee is not received, the Final Plat shall not be recorded. 3.3 Release of Landscape Guarantee. As portions of the landscape improvements are completed for the PUD, the Eagle County Community Development Director, or designated representatives within the County staff, shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten percent(10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent(25%) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 4. PUBLIC IMPROVEMENT GUARANTEE 4.1 Subdivision Improvement Agreements. The Developer agrees to execute a Subdivision Improvements Agreement (hereinafter referred to as the "SIA")prior to approval of the Final Plat for the PUD. The SIA will contain, among other things, the following provisions: A. Specification of Improvements. The improvements to be installed for the PUD (the "PUD Improvements") shall be specified in the SIA, and shall include requirements as set forth in the Applications. B. Indemnification. The Developer shall indemnify, defend and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with the SIA, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of the SIA. This indemnification and hold harmless provision shall include any reasonable and customary legal 3of16 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D expenses or costs incurred by the County. Notwithstanding the foregoing, the Developer shall not be liable to indemnify the County for claims caused by the act or omission of the County without regard to the involvement of the Developer. C. Certificates of Insurance. The Developer shall secure from any contractor or subcontractor engaged in the work necessary to comply with the SIA a Certificate of Insurance providing for liability protection in the minimum amount of$350,000 per individual and $990,000 per occurrence, naming the County as an additional insured. The Developer, if it serves as the contractor for the PUD Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Section 114(l)(a), Colorado Revised Statutes. D. County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the PUD and/or PUD Improvements specified in the SIA prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof,be liable for any persons or property injured or damaged by reasons of the nature of said work on the PUD Improvements, but all of said liabilities shall be and are hereby assumed by the Developer. The Developer hereby agrees to indemnify, defend and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer may have. E. Guarantee for Public Improvements. The Developer agrees to provide for the PUD a guarantee in the form of a letter of credit acceptable to the County Attorney to ensure necessary public improvements are installed according to the development approval for no less than one hundred percent (100%) of the estimated cost of the public improvements, as estimated by the Developer's engineer and approved by the Eagle County Engineer. The Developer agrees that the guarantee for each Phase of the PUD shall be provided at the time of recording of the Final Plat for the PUD. In the event such guarantee is not received, the Final Plat for the PUD shall not be recorded. As portions of the public improvements are completed for the PUD, the Eagle County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements except that ten percent (10%) shall be withheld until all proposed improvements for the PUD are completed and approved by the Eagle County Engineer. F. Warranty. The SIA shall provide for a warranty period of two (2) years following substantial completion of the last of the public improvements within the PUD. 5. HOUSING PLAN 4of16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 5.1 The Developer has offered and agreed to an Affordable Housing Plan approved as part of the PUD, which Affordable Housing Plan is set forth in the PUD Guide attached hereto as Exhibit B. Specifically, the Affordable Housing Plan of the proposed West End PUD sets forth the following mitigation for affordable housing within the PUD: A. Seventy-five percent(75%) of the multifamily residential units as deed- restricted, as set forth below: 1. Ten percent(10%) of the multifamily units shall be designated as Price Capped Rental Housing pursuant to Section 4.02—Price Capped Rental Housing of the Eagle County Affordable Housing Guidelines, as may be amended from time to time (the "Affordable Housing Guidelines"). The Price Capped Rental units shall be rented at rents set at or below rates that are affordable to Households with incomes no greater than 80% - 100%AMI. Additionally, the PUD's property management will qualify prospective tenants' income to ensure that the Price Capped Rental units are made available to the population earning within the 80% -100% AMI thresholds. The Price Capped Rental units shall be rented solely to "Eligible Households"as that term is defined in the Eagle County Affordable Housing Guidelines Administrative Procedures, as may be amended from time to time (the "Affordable Housing Guidelines Administrative Procedures"). Developer offered and agrees that such Price Capped Rental units shall not be master leased to Qualified Employers. 2. Sixty-five percent(65%) of the multifamily units shall be designated as Resident Occupied Rental units pursuant to Section 4.04—Resident Occupied Rental of the Affordable Housing Guidelines. The Resident Occupied Rental units may be rented without any limitation on rental rate, provided that said designated units are rented solely to "Eligible Households"as that term is defined in the Affordable Housing Guidelines Administrative Procedures. B. Short Term rental of any residential unit in the PUD is prohibited. C. A Price Capped Rental unit deed restriction and a Resident Occupied Rental unit deed restriction, in a form approved by the Eagle County Housing and Development Authority and the County Attorney shall be recorded immediately following recordation of the Final Plat for the PUD. D. The Price Capped Rental Units and the Resident Occupied Rental units shall be delivered simultaneously with all market rate units and there shall be a mix of all unit types throughout the PUD. The total estimated number of market rate units is 68 and the total estimated number of deed restricted units is 207. 6. PHASING 6.1 Phasing. All site improvements and infrastructure of Planning Area A shall be developed in a single phase. Notwithstanding the foregoing, the multiple-family buildings, 5 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D parking facilities/garage, and other structures within the West End PUD may have Certificates of Occupancy(inclusive of Temporary Certificates of Occupancy) issued for portions of structures per applicable building codes. 7. ROADS, TRAILS AND ASSOCIATED INFRASTRUCTURE 7.1 Roadways Internal to the PUD. The Developer agrees to provide the roadways internal to the development ("PUD Roadways") in accordance with the standards of the ECLUR and the Engineering Criteria Manual, or as varied by the Board in accordance with the Variation Table, attached as Exhibit C to the Resolution. The roadway infrastructure shall be provided with adequate stormwater and drainage infrastructure, utility relocation and coordination, curb and gutter, guardrails, thermoplastic pavement markings, striping, sidewalks, intersections and pedestrian/bicycle integration. The entirety of the "Loop Road" for the PUD is required to be built in accordance with the standards of the ECLUR, and as varied pursuant to the variance to improvement standards granted by the Board in accordance with File No. VIS-009445-2024. The Developer shall be required to collateralize the internal PUD Roadway improvements in the SIA associated with the Final Plat for the PUD. The PUD Roadway improvements, including the "Loop Road" and access points shall be completed, accepted by Eagle County and available for public use prior to issuance of the first Temporary Certificate of Occupancy for the PUD. 7.2 Sidewalks, Paths, and Trails. A. Trails. Developer shall construct a soft surface path from the sidewalk associated with the Bus Shelter on Highway 6, which path will follow the western boundary of the PUD that turns east along the north side of the PUD to the to-be-constructed Eagle River Preserve trail entrance to provide access to the Eagle River Preserve (the "Public Access Trail"). The Public Access Trail shall be subject to a public access easement and shall be completed and available for public use prior to the issuance of the first Temporary Certificate of Occupancy for the PUD. B. A sidewalk and trail network have been designed for the PUD to provide pedestrian connections between the PUD and the Preserve Open Space. Sidewalks and trails are to be constructed in accordance with ECLUR requirements. Adequate easements shall also be provided across private property as necessary for installation and maintenance of all public sidewalk, path, or trails as identified in Section 7.2.A and Section 7.3 below. A crosswalk connection with ADA ramps and adequate signage shall be provided across any internal roads in convenient walking distance of any gathering area, trail access point, or park when a sidewalk exists across the roadway and in accordance with applicable standards of practice. 7.3 Dedication, Construction and Maintenance. The PUD Roadways,parking facilities, trails and sidewalks within the PUD shall be constructed, maintained, repaired and replaced by the Developer pursuant to County Standards, except as varied in the Table of Variances attached to the Resolution as Exhibit C or as otherwise varied by the Board, and subject to a warranty period and acceptance. Further, construction, maintenance and repair of the PUD Roadways,parking facilities, trails and sidewalks shall be the responsibility of the 6of16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D Developer or its successor or assigns (which may be a property owners' association and/or other successor or assign who assumes responsibility for any such improvements)pursuant to plat notes delineated on the Final Plat. The responsibilities undertaken by the Developer or its successor or assigns with respect to the PUD Roadways,parking facilities, trails and sidewalks include, without limitation, the obligation of construction, maintenance and repair of the PUD Roadways, parking facilities, trails and sidewalks, to include traffic control signs and markings, and of compliance with the snow management plan for the PUD, which shall contain the provisions set forth below in Section 8.6 below. The PUD Roadways,parking facilities, trails and sidewalks within the PUD shall be privately owned but the PUD Roadways, the sidewalk adjacent to the "Loop Road", the sidewalk adjacent to Highway 6 and the Public Access Trail shall be subject to a public access easement. The PUD Roadways, Public Access Trail and sidewalks within the West End PUD and the sidewalk adjacent to the"Loop Road"and the sidewalk adjacent to Highway 6 shall be maintained to a standard for similar roadways within Eagle County. 7.4 Road Impact Fees. The PUD is subject to the Road Impact Fees (also known as "Transportation Impact Fees") as detailed the Eagle County Engineering Criteria Manual, as may be amended from time to time. Developer agrees to pay the Road Impact Fees in accordance with the provision of the regulation in effect at the time of development of the PUD. Any Exemptions, Credits, Refunds, or Independent Fee Calculation Studies must be requested or performed in accordance with the regulations in effect at the time of development of the PUD. 8. OTHER MATTERS 8.1 Bus Shelter Improvements. The Developer has agreed to provide public infrastructure improvements along the Hwy 6 corridor adjacent to the PUD to support multi- modal access to the Property including: (a) construction, maintenance, repair and replacement of a Lacor Streetscape bus shelter(Model EC015) or similar type approved by Core Transit and associated sidewalk and infrastructure at an existing transit stop (collectively the "Bus Shelter"), and(2) construction, maintenance, repair and replacement of the Public Access Trail from the sidewalk associated with the Bus Shelter as described in Section 7.2.A above to give the public legal access to the planned Eagle River Preserve access point as shown on the PUD Site Plan and approved through the final plat(collectively the "Bus Shelter Improvements"); provided, however, the responsibility for ongoing maintenance, repair and replacement of the Bus Shelter Improvements may be assumed by a successor or assign of Developer(which may be a property owners' association and/or other successor or assign who assumes responsibility for any such improvements). The Bus Shelter and such sidewalk and the Public Access Trail from the Bus Shelter will be subject to a public access easement. A. The Bus Shelter and the walkway from the Bus Shelter to the Eagle River Preserve shall be completed and available for public use prior to the issuance of the first Temporary Certificate of Occupancy for the PUD. The Developer shall coordinate with Core Transit on the placement, ownership, and maintenance of the bus shelter,with the type designated in this Section 8.1 above. B. The Developer is solely responsible for all aspects of the construction of 7 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D the Bus Shelter Improvements, including but not limited to; transit stop infrastructure, the Bus Shelter, the walkway, signage, utility relocation and coordination, and adequate stormwater and drainage infrastructure. The Developer is solely responsible for all aspects of obtaining permitting for the agreed upon improvements with the Colorado Department of Transportation (CDOT), which may include but is not limited to developing the permitting materials and reports, paying permitting and inspection fees, conformance with CDOT and Eagle County standards, and supplying performance bonds. All required CDOT access permits shall be approved by CDOT prior to or at the time of the Final Plat for the PUD. 8.2 Net-zero. As part of the West End PUD's sustainability goals, the PUD multifamily residential building will operate at net-zero (a net-zero building is designed and constructed for resource efficiency and produces on-site or through the purchase of 100% renewable energy(e.g., under Holy Cross' Pure Energy Program) as much energy as it consumes in a year). Solar, photovoltaic,panels are planned for the roofs of multiple-family buildings and other structures to offset energy consumption. A minimum goal of a 15% renewable energy offset of total energy use will be provided on-site within the PUD. The West End building will be built as an entirely, highly efficient, electric building, supported by rooftop solar panels, that will achieve a LEED Gold certification. The net-zero commitment addresses identified community greenhouse gas reducing strategies and the specific development, sustainability, and economic goals of the 2017 Edwards Area Community Plan and the 2020 Climate Action Plan for Eagle County. The Developer shall utilize a qualified third-party consultant to submit a report that certifies that the buildings contained in the PUD are designed to achieve net zero as described in this Section 8.2. This report shall be submitted as part of the building permit application for the PUD. Certification confirming that the building systems function as designed shall be completed and submitted to Eagle County Community Development and Resiliency Departments by a qualified third-party consultant prior to issuance of a Temporary Certificate of Occupancy by Eagle County for each building segment as defined on the building permit plans for the PUD. 8.3 Funding for Open Space and Natural Resources. The Developer has offered and agreed to fund the sum of$10,000 annually(the "OSNR Funds")to the Eagle County Open Space and Natural Resources Department, or successor Eagle County department("OSNR"), such payment to be due commencing on the date that the first Temporary Certificate of Occupancy is issued by Eagle County for the PUD, and continuing thereafter annually on the anniversary date of such Temporary Certificate of Occupancy until such time that the PUD is terminated and/or extinguished by resolution of the Eagle County Board of County Commissioners or by operation of law ("OSNR Funds"). A. OSNR will use the OSNR Funds in its discretion to support and fund projects designed to mitigate impacts to the Eagle River Preserve arising out of anticipated increased use of the Preserve by occupants, guests and invitees of the West End PUD, including, but not limited to, installation of signage, improvement of trail surfaces, installation of new trails, and trail maintenance. B. The Developer shall remit all OSNR Funds to the County in good funds at the address set forth below for Notices, and sent to the attention of the Director of the OSNR 8of16 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D Department. C. In the event Developer fails or refuses to pay any installment of OSNR Funds when due, the County may enforce this provision and this Agreement in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the ECLUR, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of this Agreement shall be enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific performance. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. 8.4 Signage. The Developer shall install signage along the boundary of the PUD adjacent to the Edwards River Preserve. Determination of the location and number of signs will be made during the review of the Final Plat application. Signage design details will be determined during the building permit review. The signage will be completed and installed prior to the issuance of the Certificate of Occupancy by Eagle County for the PUD. 8.5 PUD Utilities. At Final Plat for the PUD,utilities to be constructed pursuant to the PUD shall be depicted on the Final Plat("PUD Utilities"). The PUD Utilities shall be constructed to County and the applicable utility standards, except if otherwise varied by the Board, and subject to a warranty period and acceptance. The improvements shall be completed and accepted by Eagle County prior to the Temporary Certificate of Occupancy for the PUD. Further, construction, maintenance and repair of PUD Utilities shall be the responsibility of the Developer or its successor or assigns (which may be a property owners' association and/or other successor or assign who assumes responsibility for any such improvements)pursuant to plat notes delineated on the Final Plat with respect to PUD Utilities created by such Final Plat. The responsibilities undertaken by the Developer or its successor or assigns with respect to the PUD Utilities include, without limitation, the obligation of construction, maintenance, repair, and easement dedication of the PUD Utilities in accordance with the requirements of the utility provider. 8.6 Snow Management Plan. Snow will be relocated/stored for the public access and on-street parking areas in designated storage areas. Snow removal/storage from exposed top- level of the parking garage shall be relocated/stored in a designated area. The Snow Management Plan shall contain the following provisions as set forth in Section 6 of the PUD Guide: A. Snow storage areas shall be provided in the PUD in an amount equal to 5% of all on- street parking areas as detailed in the ECLUR. B. Snow removal and maintenance for all roadways, bike lanes, paths, trails, and sidewalks associated with the PUD shall be provided by the Owner of the PUD property ("Owner"). C. Snow removal from all public streets and sidewalks shall commence with any snowfall amount of 2" or greater. 9 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D D. Snow removal from private walkways and roadways shall be required to be commenced by the parcel owner with any snowfall amount of 2" or greater. 8.7 Construction Site Management. The Design Guidelines for the PUD shall contain language to address the potential issue of idle construction sites within the PUD as follows: "Any site within the PUD that has been disturbed by clearing or construction activities that is idle for more than sixty(60) days shall be subject to proper stabilization and temporary revegetation as follows: A. All disturbed areas shall be stabilized to prevent erosion within or from the site, and no area of the site shall exceed a 2:1 slope. B. All bare ground areas shall be revegetated with either an annual cover crop (for short-term idling of less than 8 months) or a perennial cover crop (for long-term idling more than 8 months). If necessary, topsoil shall be applied to enable successful revegetation. C. All revegetated areas shall be supported by a temporary automatic irrigation system. D. The owners' association or property management for the PUD shall have the authority to enter the Property and conduct such revegetation or maintenance measures as may be required to bring the parcel into compliance with these terms. The Developer shall be assessed the cost of performing these tasks." 8.8 Public School Dedication Fee. In accordance with the ECLUR, the PUD is subject to a school land dedication requirement or fee-in-lieu payment for the benefit of the Eagle County School District(the"District"). The dedication requirement and/or the fee-in-lieu shall be met and any payment made by the Developer to the School District prior to recordation of the Final Plat for the PUD. 9. GENERAL PROVISIONS 9.1 Compliance with Land Use Regulations. The Developer shall be required to obtain all necessary permits and comply with the provisions of the ECLUR and the Engineering Criteria Manual as the same are in effect at the time of commencement of construction of the PUD Improvements referred to herein. 9.2. Sole Responsibility of Developer Prior to County Acceptance. The Developer agrees and understands that at all times prior to the completion and acceptance of the on and off- site PUD Improvements set forth intthis Agreement and the SIAs by the County, each of said improvements not accepted as complete shall be the sole responsibility and charge of the Developer. When it is necessary to allow the general public to utilize the PUD Roadways under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the Developer in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 10of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D 9.3 Severability. Whenever possible, each provision of this Agreement and any other related documents shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 9.4 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification is in writing and signed by the County and the Developer or the Developer's successor(s). Minor deviations from this Agreement may be approved by the County Community Development Director or his or her designee within the County staff so long as the deviation is in substantial conformance with the purpose and intent of the overall PUD and the PUD Guide. 9.5 Assignability. This Agreement shall be enforceable against the Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the PUD, the obligations of the Developer under this Agreement as to that portion of the PUD may be assumed in writing by the purchaser of the parcel, and the Developer shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser, which approval will not be unreasonably withheld. Subject to the express provisions of this Agreement above allowing the assignment and assumption of responsibilities for certain improvements to a property owners' association and/or other successor or assign who assumes responsibility for such improvements, the Developer shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 9.6 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 9.7 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 9.8 Enforcement. At its sole option, the County may enforce the provisions of this Agreement and of any applicable deed restrictions and covenants in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the ECLUR, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of this Agreement and of any applicable deed restrictions and covenants shall be enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, or injunction. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. 11 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D 9.9 Notice. Any notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mail,postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to County: Community Development Director P.O. Box 850 500 Broadway Eagle, CO 81631 (970) 328-8685 With a copy to: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 (970) 328-8685 Address for giving notice to Developer: Edwards West End EW Investor, LLC Attn: Jim Telling P.O. Drawer 2770 126 Riverfront Lane, 5th Floor Avon, CO 81620 With a copy to: Wear Travers Perkins LLC Attn: Richard D. Travers 97 Main Street, Suite E202 Edward, CO 81632 Any party may change its address for receiving notices by delivery of at least seven (7) days' prior notice to the other party pursuant to the foregoing provisions. With respect to any successor to Applicant with respect to the PUD or a specific Phase of the PUD as provided in this Agreement, unless another address is provided in writing by such successor, the notice address for such successor shall be the address on file with the Eagle County Assessor's Office or the address of such successor's Registered Agent with the Colorado Secretary of State's Office, if applicable. 12of16 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 13 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51 B-E5E289521 B8D IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EAGLE COUNTY, COLORADO,by and through its Board of County Commissioners By: Matt Scherr Chair ATTEST: Clerk to the Board of County Commissioners DEVELOPER: Edwards West End EW Investor, LLC, a Colorado limited liability company By: Name: Its: 14 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D EXHIBIT A LEGAL DESCRIPTION OF PUD PROPERTY LOT 1, A RESUBDIVISION OF WEST END PROPERTY, COUNTY OF EAGLE, STATE OF COLORADO 15 of 16 Docusign Envelope ID:996F5854-0518-4B8C-A51B-E5E289521B8D EXHIBIT B THE WEST END PUD GUIDE 16of 16