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HomeMy WebLinkAboutR01-083 amendment to Arrowhead at Vail PUD GuideC111 Commissioner moved adoption of the f6llowing Resolution: RESOLUTION of the BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.. 2001- O �3 APPROVAL of the AMENDMENT to the ARROWHEAD AT VAIL PUD GUIDE FILE NO. PDA -00033 WHEREAS, on or about February 22nd, 2001, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail /Arrowhead, Inc. (hereinafter "Applicant ") for approval of the amendment of the Arrowhead at Vail Planned Unit Development, Eagle County; Colorado (hereinafter the "PUD"), File No.PDA- 00033,; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of: 1. Add - Development Area P' to the definition of building height in Section II, 6, Definitions; 2. In Section XI, No. 18, under the Development Area P development requirements, Density: reduce the allowable density from 78 to 35 and eliminate all references to "two family" requirements; under Maximum Size: increase the maximum allowable building size on a single- family lot (all single- family lots being a minimum of 1 acre) from 7,000 square feet to 8,500 sq ft of Residential Floor Area and increase the maximum allowable unit size on a cluster home unit from 3,800 sq ft to 5,000 sq ft of FAR; 3. Also in Section XI, change "Lower Bachelor Gulch (Village) - Tract YY- MOUNTAIN LODGES" to "Lower Bachelor Gulch Village- Lots 112 -115, SINGLE FAMILY RESIDENTIAL" allowing only 4 dwelling units (instead of 17 chalet units) and make other changes to be consistent with the.Single Family Residential designation; 750255 Page: 1 of 69 06/21 Sara J Fisher Eagle, c4 370 R 0 00 D20 1 :07F 0. 00 4. In Section IX, Uses: amend the Development Area chart to add lots 112 -115 to the Single- Family Residential designation and eliminate "YY" under MOUNTAIN LODGES; 5. Add a new Section (Section XIV) clarifying the restrictions on interval ownership and timeshare use throughout the PUD; 6. Add a new Section (Section XV) addressing the permitted use of low power wireless communication antennas. 7. Re- number the last three sections of the PUD Guide to accommodate the addition of the new sections described in 5 and 6 above; and, WHEREAS, prior to the Board of County Commissioners hearing, the applicant withdrew the amendment pertaining to interval ownership and timeshare use (number five of the proposed amendments); and, WHEREAS, notice of the proposed amendment was mailed to all owners of property located adjacent to the PUD, as well as the relative homeowners associations and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public hearing of May 16th, 2001 the Planning Commission, based on its findings, recommended approval of the proposed Amendments of the Arrowhead at Vail Planned Unit Development; and, WHEREAS, at its public hearing of May 29th, 2001 the Board of County Commissioners, based on its findings, approved the proposed Amendments of the Arrowhead at Vail Planned Unit Development; and, WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: (1) That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Board; and, 0 01 1. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: (1) Unified ownership or control. It IS represented that title to all land is owned or controlled by one (1) entity. (2) Uses. The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule" for the zone district designation in effect for the property at the time of the application for PUD. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the zone district designation in effect for the property at the time of the application for PUD. (4) Off - Street parking and Loading. It HAS been demonstrated that off - street parking and loading provided in the PUD complies with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards, without a necessity for a reduction in the standards. (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping Illumination Standards. (6) Signs. The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Sign Regulations. However, the current Arrowhead at Vail PUD has a comprehensive sign plan, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD), that IS suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The Applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for sewage disposal, electrical supply, and roads; the applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, solid waste disposal and fire protection. In addition, the Applicant HAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: ,(a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistency with Master Plan. The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). (11) Phasing. A phasing plan IS NOT necessary for this development. (12) Common Recreation and Open Space. The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area;- (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resources Protection. The PUD DOES demonstrate that the recommendations made by the applicable analysis 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, have been considered. 2. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map ( FLUM) . (2) Consistent with Land Use Regulations. The Applicant HAS fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. 4 (3) Spatial Pattern Shall Be Efficient. The proposed 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. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under- sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un- served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 3. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to Preliminary Plan for PUD: (1) Is consistent. The proposed PUD Amendment IS consistent with the efficient development and preservation of the entire Planned Unit Development; (2) Does not affect in a substantially adverse manner.-The proposed PUD Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest; and (3) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person; and, 5 C 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Vail /Arrowhead, Inc. for amendments to the Arrowhead at Vail Planned Unit Development be and is hereby granted. THAT, the "Arrowhead at Vail Amended and Restated Planned Unit Development Plan" dated May 29th, 2001 attached hereto incorporates the changes approved by this Resolution and is hereby approved, effective immediately upon its recording in the Office of the Eagle County Clerk and Recorder, and replacing in its entirety the "Arrowhead at Vail Amended and Restated Planned Unit Development Plan "dated June lst,1999. THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagl State of Colorado, at its regular meeting held the _1Q,,, day of 2001, nuns pro tuns to the 29th day of May, 2001. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 1W BY: Mich BY: Arn M. Menconi, Commissioner r; f t Commissioner seconded adoption of the foregoing resolution. Th roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher O_.t-- Commissioner.Arn M. Menconi�� This Resolution passed by 3 "-o vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 7 C C AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN Arrowhead at Vail -"a91 zoos ARROWHEAD AT VAIL ARROWHEAD AT VAIL 1 05/29/014:36 PM l � AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN FOR ARROWHEAD AT VAIL 2001 I. PURPOSE On June 30, 1983, the Eagle County Board of County Commissioners (the 'Eagle County Commissioners ") authorized the Arrowhead Planned Unit Development (the "Arrowhead PUD ") by Resolution No. 83 -52, and approved the Arrowhead at Vail Planned Unit Development Plan as defined below, pursuant to the Eagle County Land Use Regulations then in effect and pursuant to the Planned Unit Development Act of 1972, C.R.S., 1973 (the "Planned Unit Development Act "). On November 1, 1993, the Eagle County Board of Commissioners approved certain amendments to the Arrowhead at Vail Planned Unit Development by Resolution 93 -128. This Amended and Restated Guide to the Arrowhead PUD (the "Guide ") amends and restates, in its entirety, and supersedes the previously approved Guide to the Arrowhead PUD. The purpose of this Guide is to set forth additional amendments to the Arrowhead PUD to be incorporated into this Guide. The Arrowhead PUD authorizes a total of 2,025 Dwelling Units and 197,000 square feet of Commercial Space on a parcel of land in Eagle County, Colorado. Development within the Arrowhead PUD is administered by the Eagle County Department of Community Development based on provisions contained within this Guide. Building construction within the Arrowhead PUD is governed by* the Eagle County Building Resolution as amended from time to time. Vail/Arrowhead, Inc. hereby makes, declares and establishes the following limitations, restrictions, and uses upon and of all real property contained within the subdivision as a Planned Unit Development Plan (PUD Plan), running with the land and binding upon all future owners of a part of the land within the subdivision, so long as these restrictions and this PUD Plan shall remain in effect: ARROWHEAD AT VAIL 05/29/01 4:36 PM C11 C)" AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN II. DEFINITIONS As used herein, the following words and terms shall have the following meanings: Arrowhead Metropolitan District. Quasi - municipal district formed pursuant to the Title 32, 1973 C.R.S., as evidenced by Court Order dated July 16, 1981, creating such district. The Arrowhead Metropolitan District may be hereinafter referred to as the 'District. "' 2. Arrowhead PUD. The Arrowhead PUD is a zone district authorized by the Eagle County Commissioners on June 30, 1983 pursuant to the Planned Unit Development Act as amended from time to time, and contains all the property to be developed by Grantor in Sections 3, 9, 10, 11, 14, 15 and 22, Township 5 South, Range 82 West of the Sixth P.M. in Eagle County, Colorado, commonly known as Arrowhead at Vail, described in Exhibit A and as amended from time to time. 3. Association. A. Arrowhead Association The term shall mean the Arrowhead at Vail Association formed and incorporated to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions, and restrictions contained in this PUD Plan with regard to all lands within the PUD other than within Bachelor Gulch Village or in any amendments as hereinafter provided. B. Bachelor Gulch Village Association The term shall mean the Bachelor Gulch Village Association formed and incorporated to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions, and restrictions contained in this PUD Plan as they pertain to Bachelor Gulch Village or in any amendments as hereinafter provided. 4. Building Coverage. Means the total area of a lot covered by building or buildings, measured at the ground surface. Building coverage is measured from outside of all exterior walls at ground level and shall include stairways, fireplaces, covered parking and walkway areas, porte- cocheres, and all cantilevered building areas. In effect, it is the area that is covered by building(s) and does not include roof overhangs, unenclosed walkways, usable areas under above -grade decks, or similar extensions. It excludes uncovered decks, porches, patios, terraces and stairways less than 30 inches high. ARROWHEAD AT VAIL 05/29101 4:36 PM C 0 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN Building Coverage Ratio. Building coverage ratio means the relationship of building coverage to the area of the lot which is free from water bodies or the 100 -year floodplain (referred to in Eagle County as the "net developable area "), expressed as an arithmetic ratio. 6. Building Heis?lit. Building height means: A. For lots with an average slope of less than 30 percent: The distance measured vertically, from the finished grade at any given point to the top of a flat roof, or mansard roof, or to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed, or similar pitched roof, and measured to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village and Development Area P where the height regardless of roof slope shall be calculated to the mid- point. B. For lots with an average slope of 30 percent or greater: The distance measured vertically from the finished grade at any given point along each of the principal sides of the structure to the top of a flat roof, or mansard roof, or to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed, or similar pitched roof, and measured to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village and Development Area P where the height regardless of roof slope shall be calculated to the mid - point. The measurement of one side may exceed the maximum building height allowable for the zone in which the building is located by a maximum of fifty (50) percent. 7. Building Setback. Also referred to as building envelope, the area prescribed by an imaginary line extending across the full width of a lot, parallel with the street right -of -way line or property line. No principal building or structures shall be constructed in the area between the street or property line and the building setback line known as the building setback area. 8. Commercial Space. Commercial Space is any area which may be used, rented or leased for' the purpose of generating retail business or consumer services with the intent of producing a financial profit. Commercial Space is measured from the inside of finished walls and shall include offices and storage spaces contiguous with the primary area but does not include auxiliary storage in remote areas. ARROWHEAD AT VAIL 05/29/01 4:36 PM Ci 01 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN A. Except as specifically provided below, Commercial Space includes, but is not limited to: (1) Business and professional offices (2) Retail specialty and gift shops (3) Restaurants (4) Banks (5) Barber and beauty shops (6) Laundromat/dry cleaning (7) Shoe repair (8) Automobile repair and service (9) Tavern (10) Cinema (11) Clothing stores (12) Department stores (13) Beverage stores (14) Furniture stores (15) Hardware stores (16) Food stores (17) Real estate sales offices (18) Resort services including any areas for operations of the Arrowhead development (18) Ski rental and sales stores (19) Skier cafeteria B. The following uses will not be considered Commercial Space: (1) All residential and lodging facilities (except for areas used specifically as enumerated under subparagraph A above), including, but not limited to: (a) Employee housing (b) Condominiums (c) Lodges (d) Duplex residences (e) Primary/secondary residences (f) Single - family residences (g) Townhouse residences (h) Caretaker unit, within or attached residential unit (i) Bed and breakfast lodges (2) Meeting rooms to a primary single- family ARROWHEAD AT VAIL 5 05/29/01 4:36 PM ,C) C) AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN (3) Banquet rooms (4) Educational classrooms (5) Cultural facilities including, but not limited to: (a) Churches (b) Museums (c) Performance theaters made available for live performances of artistic merit (6) Recreational facilities or athletic facilities including, but not limited to: (a) Health spas (b) Swimming pools (c) Sports courts (d) Equestrian facilities and horse operations (e) Golf club maintenance and operations facilities (f) Tennis maintenance facilities and locker rooms 9. Declaration. Means and refers to the Declaration creating Protective Covenants, Conditions, Restrictions and Easements for Arrowhead at Vail as adopted and from time to time amended for the various filings, also referred to as "Covenants." 10. Design Guidelines. Guidelines for the development of privately -owned lots within Arrowhead at Vail adopted by the Arrowhead Design Review Committee or for Lower Bachelor Gulch Village adopted by the Lower Bachelor Gulch Design Review Committee which, among other things, interpret or implement the provisions of this PUD Plan and the Arrowhead Declarations of Protective Covenants. 11. Design Review Committee. A group of five persons who shall be responsible for the administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines. The Arrowhead Design Review Committee shall be selected pursuant to Article 6 of the Arrowhead Declaration creating Covenants, Conditions and Restrictions. (a) Within Arrowhead at Vail, excluding Lower Bachelor Gulch Village a group of five persons who shall be responsible for the administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines. The Arrowhead Design Review Committee shall be selected pursuant to Article 6 of the Arrowhead Declaration creating Covenants, Conditions and Restrictions. (b) Within Lower Bachelor Gulch Village, a group of five persons who together with the Bachelor Gulch Village Association shall be responsible ARROWHEAD AT VAIL 05/29/01 4:36 PM C AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN for the administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines as set forth in the Bachelor Gulch Village Declarations creating the covenants, conditions, and restrictions. 12. Development Areas. A lot or lots or tracts to which PUD Plan provisions may apply. The names of the development areas and lots and tracts that comprise them are contained in Section XI of the PUD Plan. (See Appendix B for map.) 13. Development Area Plan. A plan for proposed construction and physical alteration of a subarea within Arrowhead at Vail that is required by certain of the Development Area Restrictions (Section XI of this document). Said plan shall be subject to approval by the County Commissioners according to the procedures as outlined. It shall typically identify the general layout of buildings, parking and other uses to scale, at a preliminary design level suitable for public review, but not at the level of detail typically associated with final design or construction documentation. 14. Dwelling Unit. One or more rooms occupied by one family or group of people living independently from any other family or group of people and having not more than one indoor cooking facility which is limited to the use of the one family. For purposes of density calculations, one lodge or studio unit shall be counted as one dwelling unit in all Development Areas of Arrowhead at Vail, except in Lower Bachelor Gulch Village where three hotel, lodge, or studio units that are designed to be separately let shall be counted as one Dwelling Unit so long as no more than one kitchen is included within the three hotel, lodge, or studio units being counted as one Dwelling Unit (the "3:1 Dwelling Units "), provided, however, that the 3:1 Dwelling Units may not exceed 100 Dwelling Units. The following terms shall expand and clarify the definition of Dwelling Unit: A. Duplex Structure. A duplex structure consists of two Dwelling Units within a single architecturally - integrated structure. A duplex is also referred to as the "two- family" structure and in the Arrowhead Design Guidelines as a "primary/secondary" structure. If the property is re- subdivided, each of the units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. The secondary unit must be smaller than the primary unit when measured in total floor area, with the specific sizing requirements of primary /secondary structures determined through the Design Guidelines. The secondary unit must also be integral with the architecture of the primary unit. For purposes of Dwelling Unit definition, each residence counts as a Dwelling Unit, thereby counting as two Dwelling Units per structure. Within Lower Bachelor Gulch Village, a primary /secondary structure consists of two Dwelling Units within a single fee simple estate: one primary unit and one secondary unit. The secondary unit can be no more than 25% of the Gross ARROWHEAD AT VAIL 05/29/01 4:36 PM C C AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN Residential Floor Area of the Primary/Secondary Structure, must be integral with the architecture of the primary unit, and cannot be subdivided or separately conveyed or transferred in ownership. B. Condominium. A condominium is defined as any group of rooms created as a fee simple estate in a defined air space within a multi -unit property. For purposes of Dwelling Unit definition, only condominiums which are considered residential condominium units shall be counted as Dwelling Units. The residential condominium will not have more than one kitchen and all rooms will be interconnected through doors or foyers. Within a residential condominium, any bedrooms that connect by doorways directly in the living room, dining room, kitchen or entry foyer are considered part of a single Dwelling Unit. These rooms may "lock -off' from the remainder of the suite with direct access to a corridor or outside entry but would still be considered part of the residential condominium Dwelling Unit, provided that the condominium will have not more than two lock -offs and one kitchen per Dwelling Unit. For the purpose of this document, two lock -offs will mean that the Dwelling Unit may be divisible into not more than three separately occupiable rooms or suites, whether including the kitchen or not, and shall be counted as three dwelling units for purposes of density calculations, except in Lower Bachelor Gulch Village where a residential condominium that may be divisible into not more than three separately occupiable rooms or suites shall be counted as one Dwelling Unit so long as no more than one kitchen is included within such Dwelling Unit. (See Appendix C for an illustration of typical lock -off units.) Each lock -off will require 0.5 (1/2) parking space in addition to the parking requirement for the condominium unit. C. Cabin. A residential structure designed to be a free - standing unit for occupancy on a short-term basis, providing a rustic resort experience. A cabin may have limited staff and be occupied by groups of unrelated individuals for a nightly or weekly resort lodging experience. Cabin units are not permitted to be re- subdivided or condominiumized. For purposes of Dwelling Unit definition, each cabin counts as a Dwelling Unit. D. Chalet. A residential structure designed to be a free - standing unit for occupancy on a short-term basis. Chalet units are to be built in areas designated on the PUD Plan with a unified architectural theme. If chalet sites are re- subdivided or condominiumized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transferred independently. For purposes of Dwelling Unit definition, each chalet counts as a dwelling unit. 15. Golf Course Tract. A tract within the subdivision which can be used solely for the conduct of the game of golf and related golfing activities or to utilities infrastructure; provided, however, other recreational activities such as hiking, jogging and fishing may be approved ARROWHEAD AT VAIL 05/29/01 4:36 PM k 8 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN under certain circumstances by the golf course owner. Horseback riding is prohibited within this tract. A golf course tract may have constructed thereon buildings such as shelters, toilets, pump houses, pipe systems, and other accessory structures related to the game of golf or to service the ski development. 16. Gross Commercial Floor Area. The total floor area within the enclosing walls of commercial buildings, including closets, service areas . and interior walls within the units, but excluding balconies, hallways, corridors, stairwells, garages, and service areas outside the commercial building enclosures, and uninhabitable heating or mechanical or equipment areas. 17. Lodge Unit. A unit which is designated, intended, or used for the accommodation of tourists, transients, and permanent guests for compensation. Provision may be made for cooking in lodge units, provided all applicable building codes have been met. If lodge units or lodge unit sites are re- subdivided or condominiumized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transferred independently. 18. Impervious Coverage. Means the portion of a lot covered by materials forming any unbroken surface impervious to water, including: buildings, streets, driveways, parking lots, and other impervious materials. 19. Landscaping Tract. A tract within the subdivision which may remain in its natural and undisturbed state or may be landscaped with grasses and plant materials. 20. Lot. A lot within Arrowhead at Vail. 21. Open Space Tract. A tract within the subdivision which can be used solely for recreation uses such as bicycling, hiking, cross - country skiing, and equestrian activities. An open space tract may have constructed thereon structures associated with such uses including, but not limited to, maintenance facilities and a ski touring or equestrian center. 22. Owner. Any individual, corporation, partnership, association, trust or other legal entity or combination of legal entities, which is the record owner of an undivided fee simple in one or more of the lots or tracts, except as specifically limited hereinafter. 23. Parking Setback. The area described by an imaginary line extending across the full width of a lot, parallel with the street right -of -way line or property line. No parking lots or spaces shall be permitted in the parking setback area. 24. Parking Spaces. Parking spaces are areas designed for the parking of automobiles that use the following size requirements: twenty percent (20 %) of the parking spaces in the Arrowhead PUD may be sized for compact cars with a minimum space dimension of 8'x ARROWHEAD AT VAIL 9 05/29/01 4:36 PM r C AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 17% the remaining 80 percent of the spaces are required to be not less than 10' x 20' if in an uncovered location, and 9' x 19' if covered. 25. Planned Unit Development Map. Maps contained in the PUD Plan illustrating certain requirements contained in the PUD Plan. 26. Planned Unit Development Plan. Documents created for the purpose of establishing development requirements for Arrowhead at Vail, also referred to as the PUD Plans. 27. Residential Floor Area. Floor area means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls, including but not limited to, lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets, and storage or utility/mechanical areas; and not including basements, garages or areas designed for parking or loading within the building. 28. Ski Area Tract. A tract within the subdivision which can be used solely for recreation uses such as skiing, bicycling, hiking, equestrian, and outdoor cultural activities such as concerts. A ski area tract may have constructed thereon structures associated with such uses, including but not limited to, ski mountain restaurants, maintenance facilities, lifts, yurts, cabins, and a ski touring or equestrian center. 29. Subdivision. Shall mean a parcel of land within Arrowhead at Vail which has been shown on a final and recorded subdivision plat pursuant to 1973 C.R.S. Sec. 30 -28 -101, et. am., as the same may be amended from time to time. 30. Yurt. Shall mean a flexible walled structure, with or without cooking and sanitary facilities, designed for short-term use and limited occupancy in locations specified on the PUD Plan. III. GENERAL PURPOSES This PUD Plan is made for the purpose of creating development controls that supersede and are in addition to the provisions of the Eagle County Zoning Resolution. The Plan is intended to further the purposes of the' Eagle County Zoning Resolution, specifically the Planned Unit Development District, and to create and keep Arrowhead at Vail insofar as possible, desirable, attractive, beneficial and suitable; and to guard against fires and unnecessary interference with the natural beauty of the subdivision, all for the mutual benefit and protection of the owners of the lots in the subdivision. IV. MODIFICATION The procedure for modifying or amending this Planned Unit Development Plan shall be as follows: ARROWHEAD AT VAIL 10 05/29/01 4:36 PM C AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN 1. Substantial Amendments. No substantial modification, removal or release of the provisions of the PUD shall be permitted except upon a finding by the County following a Public Hearing called and held in accordance with the provisions of 1973 C.R.S., Section 24- 67- 104(1)(E), as amended, that the modification removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the .street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. For purposes of meeting the public notice requirement established by Section 24- 67- 104(l)(E), the term "adjoining landowners" shall mean all owners of real property within the PUD as well as owners of land abutting upon or across the street from the PUD. At the time of application for a substantial PUD Amendment, the applicants, Arrowhead at Vail or its agent(s) shall provide mailing labels for adjoining land owners in a format suitable for use for public notification. Adjoining land owners shall be given written notice delivered or mailed first class, postage prepaid, at least 15 days prior to either the Planning Commission or the Board of County Commissioners meeting, at which such modification, removal or release is considered; except that in the case of condominium owners, notice may be given to the condominium owners association. Each of the following shall be considered a "substantial modification removal or release" of the provisions of the PUD. A. Any increase in the total number of dwelling units or commercial space allowed within the PUD. B. Any change in zone classification of any land within the PUD, unless specifically outlined in Section IV. C. Any removal or release of any land from the PUD. D. Any other matter which the Commissioners determine is a substantial modification, removal or release. 2. Other Amendments. Any modification, removal or release of provisions of the PUD which is not a "substantial modification, removal or release" may be adopted after a public hearing, written notice of which has been placed in a newspaper or general circulation in Eagle County at least 10 days prior to the Planning Commission meeting, and at least 30 days prior to the Board of County Commissioners meeting. Said notice shall state the general nature of the proposed modification, removal or release, and the dates of both the Planning Commission and County Commissioners hearing. 3. In considering an amendment to the PUD Plan, the Board of County Commissioners shall follow the procedures for the PUD Preliminary Plan review; provided, however: ARROWHEAD AT VAIL 11 05/29/01 4:36 PM AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN A. Application for modifications may cover only those areas of Arrowhead at Vail affected by any proposed change. B. The Board of County Commissioners may waive any Preliminary Plan requirements upon a showing by the applicant that Preliminary Plan requirements have been met previously. 4. Minor Modifications. Subject to the provisions set forth below, minor modifications in land use may be authorized by the Eagle County Zoning Administrator without requiring an amendment to the Arrowhead at Vail PUD. Minor changes which may be authorized by the Eagle County Zoning Administrator include the following: A. Land use changes not to exceed 10,000 square feet to conform to the land use of property immediately adjacent to it; provided, however, that written consent of the Arrowhead at Vail Design Review Committee has been obtained. Any decision by the Eagle County Zoning Administrator may be appealed in writing within 30 days after such decision. B. Amendments to the currently approved Arrowhead at Vail Signage Master Plan or Bachelor Gulch Village Signage Master Plan; provided, however, that written consent of the Arrowhead at Vail Design Review Committee, or in the case of the Bachelor Gulch Village Signage Master Plan, the Bachelor Gulch Design Review Committee has been obtained. If the Zoning Administrator determines that the proposed changes are of sufficient magnitude to warrant a public hearing, said hearing may be required and conducted in the manner of Section IV.2 (Other Amendments) above. 5. Unless otherwise noted in Development Area Restrictions which follow (Section XI), building permits or final plats that are consistent with the approved Arrowhead at Vail Preliminary Plan shall be processed by Eagle County without a requirement that the site development plans be resubmitted for review by the Planning Commission or County Commissioners. 6. It is contemplated that the Arrowhead at Vail development will be subdivided in multiple filings. This Plan is designed to address development controls in the entire Arrowhead development, but it should be expected that the provisions contained in this Plan will be refined, and as a result, changes will occur in subsequent recordings of the PUD Guide. Buyers of lots or tracts in Arrowhead at Vail should be aware that requirements more restrictive than those contained in the PUD Guide Plan may be imposed as a result of the Declaration or Design Guidelines that are recorded separately for Arrowhead at Vail. The ARROWHEAD AT VAIL 12 05/29/01 4:36 PM C C AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN most current Design Guidelines for a particular filing should be consulted prior to formalizing development plans for construction at Arrowhead at Vail. V. EFFECT OF EAGLE COUNTY LAND USE RESOLUTION The provisions of Chapter 2 of the Eagle County Land Use Resolution and the successors thereof, as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not inconsistent with the provisions of this PUD Plan. VI. CONFLICT If there is any conflict between the provisions of the PUD Plan and the provisions of the Eagle County Land Use Resolution, or any other ordinances, resolutions or regulations of Eagle County, the provisions of this Plan shall prevail and govern the development of Arrowhead at Vail. VII. DEVELOPMENT PHASING AND DWELLING UNIT AND COMMERCIAL SPACE REPORT Any project may be constructed in phases, provided that there is compliance with the development standards and requirements applicable to each such phase and any phases previously completed. Each final plat submitted for County approval shall be accompanied by a running summary of commercial area and total number of dwelling units platted and dwelling units remaining for the Development Area being platted and the project as a whole, except that in Lower Bachelor Gulch a "Dwelling Unit and Commercial Space Report" will be submitted quarterly to Eagle County setting forth the aggregate allocation of commercial space and dwelling units within Lower Bachelor Gulch. VIII. DENSITY STANDARDS The maximum number of dwelling units authorized under the Arrowhead PUD is 2,025 dwelling units. In the event that the number of dwelling units assigned to all Development Areas in the aggregate is less than 2,025, the maximum number of dwelling units authorized under the Arrowhead PUD shall remain 2,025. The number of dwelling units permitted in any Development Area shall apply to the entire Development Area and may be clustered without regard to maximum densities; provided, however, that no requirements contained herein for floor area ratios, building coverage, GCFA, height or setbacks shall be violated. [remainder of this page intentionally left blank] ARROWHEAD AT VAIL 13 05/29/01 4:36 PM C/ , IX. USES AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN All lots, tracts and unplatted land in the subdivision shall fall within the following Development Areas: DESIGNATION OF DEVELOPMENT AREA FILINGS, OR PORTIONS THEREOF, CONTAINED WITHIN DEVELOPMENT AREA GENERAL DESCRIPTION A 12 Clubhouse, Residential A 13 Village, Ski Area, Recreation, Commercial, Residential, Parking, Open Space A Dakota at Arrowhead (22) Residential, Parking, Open Space A -1 12, Wildflower Residential A -2 20 Residential A -2 The Greens Residential, Open Space B 19 Residential B Dakota at Arrowhead 22 Residential C 11 Residential, Open Space D 11 Residential, Maintenance, Service, Storage, Parkin E 10 Residential F 17, 18, 26 Residential, Open Space G 18 Residential, Open Space H 15 Residential H 16 Residential, Open Space H 21 Residential 1 15 Residential 1 21 Residential 18 Park K 10, 11, 12,15 and 20 Golf Course L Un latted O en Space M Un latted Arrowhead Mountain N 13 Drainage, Recreation . O 21 Residential P 27 Residential, Open Space, Recreation The Development Areas are mapped and labeled on the attached PUD Map, Appendix B, a part of the PUD Plan. BACHELOR GULCH Open Space Recreation Tracts A, B, C, X, Z, CC, DD, VILLAGE and XX ARROWHEAD AT VAIL 14 05/29/01 4:36 PM '-: AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN Open Space Wildlife Tract EE, FF Village Core Tracts D, E, F, G Multiple Family /Cluster Homes Tracts H, I, J, K, L, M, N,O, Q, R, S, T, V Mountain Lodges Tract W, U, Y,YY Community Facilities Tract P Single Family Residential Lots 77 -111, Lots 112 -115 Single Family Primary/Secondary Residential Lots 48 -76 X. APPROVAL OF CONSTRUCTION PLANS No building or other structure shall be constructed, erected or maintained on any lot, nor shall any addition thereto or alteration or change therein be made until complete plans and specifications have been submitted to the County of Eagle and by it approved in writing, as evidenced by issuance of applicable County of Eagle building permits. 2. In a number of instances the requirements of this Amended and Restated Guide are less restrictive than the requirements of the Arrowhead Design Guidelines and the Bachelor Gulch Village Design Guidelines. This is by design; the more restrictive provisions of the Design Guidelines will be used for the Arrowhead or Bachelor Gulch Village review. The provisions of this Guide must be met in order to receive an Eagle County building permit. 3. The following general restrictions shall govern construction on any lot or tract: A. Building and Parking Setbacks. There are no minimum setbacks except as identified in the Development Area Restrictions (Section XI), and except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Setbacks apply to buildings only. Additional building and/or parking setbacks may be. specified in the Arrowhead at Vail and Bachelor Gulch Village Design Guidelines. These Guidelines will be enforced respectively by Arrowhead at Vail and Bachelor Gulch Village and not by Eagle County. B. Parking Requirements. Parking spaces shall be provided according to the standards contained in section XI of the PUD Plan describing the Development Area Requirements. No temporary ARROWHEAD AT VAIL 15 05/29/01 4:36 PM C) , AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN certificate of occupancy shall be issued for dwelling units in the planned unit development until such time as parking has been completed sufficient to serve that increment of development under construction and ready for occupancy. Parking for all uses may be provided on a separate lot and at a distance of greater than 200 feet from the use, provided an acceptable plan which guarantees the availability and accessibility of the parking is approved by the Eagle County Commissioners in accordance with the procedure outlined in Section N.2. Upon approval of an acceptable parking plan for a subarea within Arrowhead at Vail, subsequent development requests that utilize parking that is consistent with the plan shall not require additional Commissioners' approval; provided, however, an annual update showing parking as constructed and required shall be presented to the County Commissioners in written form. C. Landscaping. Owners and their representatives or builders will be required to: (1) Submit with all building permit applications a landscape plan to include trees to be removed, prepared by a landscape architect or similarly qualified person. (2) Use existing or natural drainage paths whenever possible. (3) Conserve and protect topsoil, rock formations, trees, significant vegetation areas and unique landscape features. D. Access Vision Requirements. At points of intersection of roads in Arrowhead at Vail, there shall be an uninterrupted line of vision from such intersection points for a distance of 150 feet of the length of the road in either direction from such intersection points; provided, however, this distance shall be 800 feet at points of intersection with U.S. Highway 6. E. Irrigation Requirements. In order to retain the character of the subdivision, certain irrigation ditches will be maintained within the development for the maintenance of open space. Certain ditches will cross private lots within dedicated easements. The Arrowhead Metropolitan District will be granted the right to maintain these ditches within said easements. Irrigation ditch easements, when necessary, shall be shown on the final plats for Arrowhead at Vail. F. Special Use Permit. The purpose of a Special Use Permit is to allow certain permitted uses in addition to Uses By Right in a given land use designation. A Special Use Permit may be ARROWHEAD AT VAIL 16 05/29/01 4:36 PM C AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN authorized by the Eagle County Commissioners without requiring an amendment to the Arrowhead at Vail PUD pursuant to the provisions of this section.. A Special Use Permit requires submission of an application therefor to the Eagle County Commissioners followed by two public hearings (one before the Eagle County Planning Commission and one before the Eagle County Commissioners), notice of which (1) has been placed in a newspaper of general circulation in Eagle County, Colorado, at least 10 days prior to the Planning Commission meeting and at least 30 days prior to the Eagle County Commissioners' meeting, and (2) has been sent by first class mail, at least 15 days prior to the hearing before the Planning Commission, to (a) each owner of property, any boundary of which is within 500 feet of any boundary of the proposed Special Use Permit site, and (b) any entity or person who is a then current property owner within the Arrowhead at Vail PUD who has previously filed with the Eagle County Department of Community Development a request to receive notice of any Special Use Permit application. Such notices shall state the location and general nature of the Special Use Permit and the dates of both the Planning Commission and Eagle County Commissioners hearings. Such Special Use Permit shall be reviewed by the Eagle County Commissioners and will be approved if the Eagle County Commissioners find that: (1) The proposed use is not materially inconsistent with other existing uses in the area. (2) There is no potential material adverse effect of the proposed use on the character of the adjacent neighborhood or Arrowhead at Vail. (3) Access to and from the site of the proposed use is adequate. (4) Water and sanitation service for the site of the proposed use is adequate. (5) The physical arrangement of the proposed improvements on the site of the proposed use is appropriate. Any decision by the Eagle County Commissioners relating to a Special Use Permit may be appealed in writing within 30 days of such decision. G. Signs. Signs must conform to the then- current Comprehensive Sign Plan for Arrowhead at Vail or Bachelor Gulch Village as approved by Eagle County Department of Community Development. (See Appendix D.) ARROWHEAD AT VAIL 17 05/29/01 4:36 PM C C AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN XI. DEVELOPMENT AREA REQUIREMENTS The following specific restrictions shall govern construction in the Development Areas: 1. Development Area A - Village /Ski Area Development Zone. A. Uses. (1) Single, two - family and multiple - family dwelling units and lodge units. (2) Commercial space consistent with the needs of a year -round recreation resort, including but not limited to, retail sales, offices, restaurants and loungeshavems, and indoor recreation. (3) Outdoor recreation improvements, including but not limited to, tennis courts, ice skating facilities and arenas, swimming pools, golf course improvements, and ski lift terminals. (4) Resort services necessary to support Arrowhead at Vail, including but not limited to, convention space, meeting rooms, service, receiving and storage space, and recreation and administration. (5) Parking lots and structured parking, below and above grade, with or without fees. (6) Outdoor recreation activities, including but not limited to, hiking, picnicking, jogging, bicycling, ski touring, skiing, and equestrian activities. (7) Automobile service stations with or without repair facilities. (8) Day care center. (9) Community building. (10) Fire station. (11) Warehouse or storage accessory to a permitted use. B. Densi . (1) Units: 595 units to be a mixture of unit types consisting of lodge /studio, multiple - family, and single - family. (2) Commercial/retail/restaurant /office space warehouse: maximum of 64,120 GCFA. (3) Commercial space in lodges: maximum of 25,000 s.f. GCFA. ARROWHEAD AT VAIL 18 05/29/01 4:36 PM C 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (4) Golf/athletic club: Maximum of 40,000 s.f., not including restaurant, which is included in the 132,000 s.f. of GCFA shown above. C. Parkin . (1) Multiple family units: 1.5 spaces /unit. (2) Employee housing units: .6 spaces /person design of occupancy. (3) Lodge /accommodation units: 1.0 spaces /room. (4) Retail commercial: 1 space /300 s.f. (5) Restaurants: 1 space /4 seats until 400 units exist at Arrowhead; thereafter, 1 space /20 seats. (6) Lounges: 1 space /8 seats until 400 units exist; thereafter, 1 space /20 seats. (7) Office: one space /400 s.f. (8) Services, maintenance and recreation: requirements are flexible; service areas to be shown on Development Area Plans. (9) Ski facilities: to be determined by formula illustrated in Appendix A. (10) Golf club: 20 spaces to be identified for summer use from the designated ski area parking. D. Maximum Building Height. Forty-five foot maximum except in Height Exception Review Areas, where greater height will be permitted subject to review at the time of the Development Area Plan review. Height Exception Review requests will be evaluated using the architectural requirements contained in the Design Guidelines and shall follow the review procedure for the Development Area Plans. E. Additional Review of Development Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area, the Eagle County Planning Commission and County Cormnissioners must approve development area plans. This review shall be processed according to the schedule imposed upon applications, as described in Section N.2 of these regulations, and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 2. Development Area Al. ARROWHEAD AT VAIL 19 05/29/01 4:36 PM C" 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN A. Uses. (1) Multiple two- and single- family residential units. (2) Indoor recreation building and outdoor improvements. (3) Accessory structures. (4) Outdoor recreation improvements including but not limited to tennis courts, ice skating facilities and arenas, swimming pools, and golf course improvements. (5) Outdoor recreation activities, except equestrian use. (6) Parking lots and structured parking, below and above ground, with or without fees. (7) Pump or well houses or other utility related structures. B. Densi . (1) Units: Maximum of 50 units. C. Minimum Residence Size Requirements. The minimum building size of residence shall exceed 1,600 s.f. residential floor area. D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 55 percent coverage by impervious materials. E. Parkin (1) Multiple family units: 1.5 spaces /unit. (2) Two- and single - family units: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (3) Employee housing units: .6 spaces /person of design occupancy. (4) Indoor recreation building(s) and accessory building(s): no requirement. F. Maximum Building Height. Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Requirements. For Eagle County review, 20 feet from edge of Sawatch Drive road right -of -way and as sufficient to accommodate utilities, existing easements, drainage, access, fire ARROWHEAD AT VAIL 20 05/29101 4:36 PM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. Development Area A2. A. Uses. (1) Multiple two- and single - family residential units. (2) Indoor recreation building and outdoor improvements. (3) Accessory structures. (4) Outdoor recreation improvements including but not limited to tennis courts, ice skating facilities and arenas, swimming pools, and golf course improvements. (5) Outdoor recreation activities, except equestrian use. (6) Parking lots and structured parking, below and above ground, with or without fees. (7) Pump or well houses or other utility related structures. B. Densi . (1) Units: Maximum of 94 units. C. Minimum Residence Size Requirements. The minimum building size of residence shall exceed 1,600 s.f. residential floor area. D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 55 percent coverage by impervious materials. E. Parkin . (1) Multiple family units: 1.5 spaces /unit. (2) Two- and single - family units: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (3) Employee housing units: .6 spaces /person of design occupancy. (4) Indoor recreation building(s) and accessory building(s): no requirement. ARROWHEAD AT VAIL 21 05/29/01 4:36 PM 1t AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN F. Maximum Building Height. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Requirements. For Eagle County review, 20 feet from edge of Arrowhead Drive road right -of -way and as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 4. Development Area B. A. Uses. (1) Multiple -, two- and single - family residential units. (2) Indoor recreation and outdoor recreation improvements. (3) Community building. (4) Day care center. (5) Accessory structures. (6) Outdoor recreation activities, except equestrian use. B. Densi . (1) Maximum of 94 units. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 50 percent coverage by impervious materials. D. Parking. (1) Multiple - family units and community building: off - street parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (2) Indoor recreation and accessory building(s): no requirement. E. Maximum Building Height. Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. ARROWHEAD AT VAIL 22 05/29/01 4:36 PM f AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN F. Minimum Building Setback. For Eagle County review, 20 feet from edge of Sawatch Drive road right -of -way and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 5. Development Area C. A. Uses. (1) Two- and single- family residential units. (2) Indoor recreation building and outdoor improvements. (3) Accessory structures. (4) Outdoor recreation activities, except equestrian use. B. Densi . (1) Units: Maximum of 40 units, no more than two units per lot. C. Minimum Residence Size Requirements. The minimum building size of residence shall exceed 2,500 s.f. No lot shall have more than two dwelling units constructed upon it, and where two units are constructed, they shall be attached. D. Buildina Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 25 percent, or a total of 45 percent coverage by impervious materials. E. Parking. (1) Two- and single - family units: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (2) Indoor recreation building(s) and accessory building(s): no requirement. F. Maximum Building Height. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. ARROWHEAD AT VAIL 23 05/29/01 4:36 PM ( C AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN G. Setback Requirements. There are no minimum setbacks for Eagle County review, except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 6. Development Area D. A. Uses. (1) Single - family and duplex residential units. (2) Office space: intended to serve the internal needs of the Arrowhead PUD. (3) Warehouse or storage buildings for use by Arrowhead owners and tenants only. (4) Garden supply and plant materials storage and handling. (5) Automotive and vehicular repair and storage. (6) Motor freight depot and storage for use by Arrowhead only. (7) Contractor's yard for use by Arrowhead at Vail and Arrowhead builders and developers during the period of construction within Arrowhead. (8) Community building. (9) Fire station. (10) Underground petroleum storage. (11) Utility company building storage and water treatment. (12) Parking lots. (13) Equestrian facility including stable, corrals, and other (14) Accessory buildings. B. Special Uses. (1) Heliport. C. Densi . Non - residential buildings not to exceed 40,000 sq.ft. gross. Units: Maximum of 6 units. D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 50 percent, or a total of 80 percent coverage by impervious materials. E. Parking. Based upon the County parking standards at time of issuance of the building permit. ARROWHEAD AT VAIL 24 05/29/01 4:36 PM 0 C AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN F. Maximum Building Heighht. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Minimum Building Setback. Residential: For Eagle County review, 20 feet from Sawatch Drive road right -of -way, 30 feet from the designated reserve strips along U.S. Highway 6, as shown on the final plat, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. Uses other than residential: For Eagle County review, 50 feet from the edge of Sawatch Drive road right -of -way, 30 feet from the designated reserve strips along U.S. Highway 6, as shown on the final plat, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provision may apply - consult Design Guidelines for specific provisions. 7. Development Area E. A. Uses. (1) Single- and two- family dwelling units. (2) Indoor recreation building. (3) Accessory structures. (4) Outdoor recreation activities, except equestrian use. B. Densily. Units: maximum of 44 units; no more than two units per lot. C. Parking. (1) Single- and two- family dwelling units: off - street vehicle parking shall be provided based upon the current Eagle County parking standards. (2) Accessory and indoor recreation building(s): no parking requirement. D. Minimum Residence Size Requirements. The minimum building size of residences shall exceed 2,500 sq.ft. No lot shall have more than two dwelling units constructed upon it, and where two units are constructed, they shall be attached. ARROWHEAD AT VAIL 25 05/29/01 4:36 PM �E F AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN E. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 50 percent coverage by impervious materials. F. Maximum Building gY eight. Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Requirements. There are no minimum setbacks for Eagle County review, except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 8. Development Area F. A. Uses. (1) Multiple -, two- and single - family residential units. (2) Indoor recreation building and outdoor recreation improvements. (3) Accessory structures. (4) Outdoor recreation activities, except equestrian use. (5) Pump or well houses, or other utility- related structures. B. Densi . Units: maximum of 14 two- and single - family units on 7 lots in Filing #17, and 78 multiple units, two- or single - family. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 35 percent, or a total of 60 percent coverage by impervious materials. D. Parkins. (1) Multiple - family, two- and single- family housing: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (2) Indoor recreation building: no requirement. E. Maximum Building Height. Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. ARROWHEAD AT VAIL 26 05/29/01 4:36 PM rC , AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN F. Minimum Buildiniz Setback. For Eagle County review, 50 feet along U.S. Highway 6 road right -of -way. Twenty feet along McCoy Creek Drive, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. G. Additional Review of Development Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. [remainder of this page intentionally left blank] ARROWHEAD AT VAIL 27 05/29/01 4:36 PM C AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 9. Development Area G. A. Uses - Sub Area 1. (Sub Area 1 is defined as the area within Development Area G, east of McCoy Creek. See PUD Guide Map for an illustration.) (1) Multiple -, two- and single- family residential units. (2) Indoor recreation building and outdoor recreation improvements. (3) Common laundry facilities. (4) Community building. (5) Accessory structures. (6) Outdoor recreation activities, except equestrian use. (7) Pump or well houses, or other utility- related structures. B. Uses - Sub Area 2. (Sub Area 2 is defined as the area within Development Area G, west of McCoy Creek. See PUD Guide Map for an illustration.) (1) Outdoor recreation activities, except equestrian use. (2) Pump or well houses, or other utility- related structures. (3) Indoor recreation uses provided such uses are permitted through the Special Use review process. (4) All permanent structures in Sub Area 2 shall be permitted through the Special Use Review process. C. Densily. Units: maximum of 84 multiple - family, two- family or single - family units. D. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 60 percent coverage by impervious materials. E. Parking. Employee housing units: 1.2 spaces per bedroom. Parking for all other units provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. F. Maximum Building Height. Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Minimum Building Setback. For Eagle County review, 50 feet from U.S. Highway 6 road right -of -way and sufficient to ARROWHEAD AT VAIL 28 05/29/01 4:36 PM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictions may apply - consult Design Guidelines for specific provisions. H. Building Envelopes. Within Development Area G, no building coverage shall occur in Sub Area 2, unless approved through the Special Use Review process. I. Additional Review of Development Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed by Section N.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 10. Development Area H. A. Uses. (1) Multiple -, two- and single- family residential units. (2) Indoor recreation building and/or spa. (3) Outdoor recreation improvements, including but not limited to, tennis courts, swimming pools and golf course. (4) Community building. (5) Outdoor recreation activities, except equestrian use. B. Densily. Maximum of 117 units. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 50 percent coverage by impervious materials. D. Parkins. Off -street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. E. Maximum Building Height. Thirty-five feet maximum for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. To permit the accurate ARROWHEAD AT VAIL 29 05129/01 4:36 PM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN measurement of height on Preliminary Plan lots 1, 2, 3, 4, 5, 6, 7, 8, the final plat for these lots shall show a measurement of average grade across each building site. F. Minimum Buildingz Setback. For Eagle County review, 20 feet from the edge of Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictions may apply - consult Design Guidelines for specific provisions. G. Special Development Requirement for Lots Above Elevation 7,360. All lots in Development Area H above Elevation 7,360 shall be required to meet the following special requirements: (1) Lighting: No exterior light whose direct source is visible from a neighboring property or which produces excessive glare to pedestrian or vehicular traffic shall be installed. Indirect sources and horizontal cut -off fixtures are recommended to reduce glare and provide general ambient light. Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Committee. Final approval of the proposed illumination plan will be required by the Design Review Committee. Fixture colors, heights and placement shall be addressed in the illumination plan. No uplights shall be permitted in this area. No lighting of trees, residential unit facades, other site amenities, or landscape features shall be permitted unless in strict compliance with the requirements of the Arrowhead at Vail Design Guidelines that apply with Development Area H. (2) Building Materials: No reflective materials shall be used on any building in this area and mirror glass shall be prohibited. In general, natural or earthtones shall be the dominant exterior wall color for all units. A range of permitted colors for units shall be provided through the Design Guidelines developed specifically for Development Area H. (3) Roof Materials: Roof materials for any building constructed in Development Area H shall be carefully chosen to reduce off -site visibility. Any shake shingle roof ARROWHEAD AT VAIL 30 05/29/01 4:36 PM C" AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN shall be required to be stained immediately upon application to reduce visibility and glare. (4) Xeriscape Landscaping: All lots above elevation 7,360 shall be required to use xeriscape landscaping principles. The guidelines for this landscaping shall be addressed in the Design Guidelines for Development Area H. H. Additional Review and Subdivision Platting. Prior to the issuance of any building permits in Development Area H a final plat approval must be granted. Provided however, Development Area H may be subdivided through multiple plats filed in phases that do not necessarily include the entire Development Area H at one time. If in the opinion of the Planning Commission, a proposed subdivision plat is inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must formally approve development area plan changes prior to subdivision plat approval. This review shall be processed according to the schedule imposed by Section N.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 11. Development Area I. A. Uses. (1) Single- and two - family residential units. (2) Outdoor recreation improvements, including but not limited to, swimming pools. Tennis courts are prohibited in this development area. B. Densi . (1) Maximum of 36 dwelling units, no more than two dwelling units per lot. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 45 percent coverage by impervious materials. D. Parking. Off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. ARROWHEAD AT VAIL 31 05/29/01 4:36 PM c AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN E. Maximum Building Height. Thirty -five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum Buildiniz Setback. For Eagle County review, 25 feet from the edge of Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Front and rear setbacks vary by lot. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 12. Development Area J. A. Uses. (1) Outdoor recreation improvements. (2) Outdoor recreation activities, except equestrian use. B. Special Uses. (1) Parking lot. C. No residential units are permitted in Development Area J. D. Additional Review of Development Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 13. Development Area K. A. Uses. (1) Winter and summer recreation, including golf, ski touring, and bike and pedestrian trails. Equestrian use is prohibited. ARROWHEAD AT VAIL 32 05/29/01 4:36 PM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (2) Accessory structures related to golf or ski development, including but not limited to, golf shelters, on- course maintenance structures, transmission lines, etc. (3) Well or pump house or other utility- related structure. (4) Outdoor recreation improvements. B. Parking. See Development Area A for parking requirements for the Golf Club. 14. DeveloT)ment Area L. A. Uses. (1) Winter and summer recreation, including skiing, ski touring, hiking and equestrian activities. (2) Accessory structures related to the permitted activities, including shelters and maintenance buildings. B. Maximum Building Coverage and Number of Buildings. Maximum building coverage not to exceed 1,000 s.f. per building, with a maximum of six buildings in the Development Area. 15. Development Area M. A. Uses. (1) Winter and summer recreation, including skiing, ski touring, equestrian activities, tennis, swimming, bike paths and outdoor entertainment. (2) Accessory structures relate to skiing, recreation; equestrian activities including, but not limited to, mountain or other restaurants, patrol facilities, ski/snowmaking, maintenance facilities, lifts, tennis courts, swimming pool(s), and a touring center to be located generally in accordance with PUD General Development Plan. B. Densi . Restaurants, touring facility and other buildings: no size limitation, provided the Eagle County Planning Department approves location of all structures. C. Maximum Building Coverage. No limitation. ARROWHEAD AT VAIL 33 05/29/01 4:36 PM