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HomeMy WebLinkAboutR01-095 approval of amendment to McGrady Acres PUDI f 764421 1� Page: I of 1 9 08/13/2001 11:49A .' Sara J Fisher Eagle, CO r 370 R 0.00 D 0.00 Commissioner moved adoption ) of the fo owing Resolution: RESOLUTION of the BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 APPROVAL OF AMENDMENT OF THE McGRADY ACRES PLANNED UNIT DEVELOPMENT FILE NO. PDA -00026 WHEREAS, on or about December 30, 1999 the County of Eagle, State of Colorado, accepted for filing the application submitted by the Presbyterian Parish of Minturn (hereinafter "Applicant ") for amendment of the McGrady Acres Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD "), File No. PDA- 00026 and 0 WHEREAS, the Applicant requested the amendment of the PUD for the purposes of 1. Combining Lots 9 and 10 into one lot; 2. Retaining limited residential uses as uses -by -right and existing residential uses as special uses on combined Lots 9 and 10 and Lot 12; 3. Changing the primary land uses on combined Lots 9 and 10 and Lot 12 to that of a church, other church - related structures such as a chapel and /or outdoor worship area, and other uses including, but not limited to: a. non - profit and church offices; b. recreational facilities; C. day and /or summer camp; d. retail commercial space; 4. Increasing the impervious coverage on Lots 9 and 10 by up to 45 %; 5. Allowing phases of development; and 6. Making other changes to the McGrady Acres PUD Guide to accommodate the proposed new uses; and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD 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 hearings of May 3, 2000 and June 7, 2000, the Planning Commission, based on its findings, recommended approval of the proposed Amendment of the McGrady Acres Planned Unit Development, with certain conditions; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on July 10, 2000; 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: That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That 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. Title to all land is owned or controlled by one (1) person in the sense that a corporation is a "person." (2) Uses. References to Table 3 -300 and Table 3 -320 as stated in Section 5- 240.F.3.e.(2)are inappropriate for this application since no new land addition is proposed. Subject property is currently zoned PUD and residential and church uses ARE uses that are currently allowed in the PUD; however, retail sales, offices, and recreational facilities are not. Pursuant to the Eagle County Land Use Regulations, Variations from established standards can only be granted pursuant to a finding that one or more of the following Standards of Section 5 -240. F.3.f.(3) for Granting Variations has been met, and that "...the granting of the variation is necessary for that purpose to be achieved." In order to determine whether a Variation to allow for retail sales offices and recreational facilities on Lot 12 and combined Lots 9 and 10 McGrady Acres, the following Section 5 -240 F 3 f(3) Basis for Granting Variations is found 2 f (a) Obtain desired Design Qualities. The proposed new uses PERMIT the integration of mixed uses or allow for grater variety in the type, design and layout of buildings. Structures SHALL BE designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area, yet shall avoid uniformity of design. Residential and non - residential uses ARE mixed together. Various types of residential uses may also be combined within the PUD to promote more efficient land use patterns and increased open space.. (d) Trails. The proposed new uses PROVIDE incentive for Applicant to make a 10 foot trails easement contribution to the County's multi -use trail system across its property along Nottingham Ranch Road, in accordance with the recommendations of the latest version of the Eagle County Trails Plan. (3) Dimensional Limitations. References to Table 3 -340 as stated in Section 5- 240.F.3.e.(3)is inappropriate for this application since dimensional limitations are governed by the PUD Guide. Pursuant to the Eagle County Land Use Regulations, Variations from established standards can only be granted pursuant to a finding that one or more of the following Standards of Section 5- 240.F.3.f.(3) for Granting Variations has been met, and that "...the granting of the variation is necessary for that purpose to be achieved." In order to determine whether a Variation to allow for Total Impervious Materials on combined Lots 9 and 10 by changes from 45% of net developable land to 65% of net developable land the following Section 5- 240.F.3.f(3) Basis for Granting Variations is found (a) Obtain desired Design Qualities. The proposed new uses PERMIT the integration of mixed uses or allow for grater variety in the type, design and layout of buildings. Structures SHALL BE designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area, yet shall avoid uniformity of design. Residential and non - residential uses ARE mixed together. Various types of residential uses may also be combined within the PUD to promote more efficient land use patterns and increased open space.. (d) Trails. The proposed new uses PROVIDE incentive for Applicant to make a 10 foot trails easement contribution to the County's multi -use trail system across its property along Nottingham Ranch 3 C Road, in accordance with the recommendations of the latest version of the Eagle County Trails Plan. (4) Off- Street parking Loading. Off - street parking and loading provided CAN comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards of the Eagle County Land Use Regulations. (5) Landscaping. The standards of Article 4, Division 2, Landscaping and Illumination Standards did not apply at the time the PUD was approved. Landscaping proposed provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area and therefore is sufficient to grant a Variation. (6) Signs. A comprehensive sign plan for the lots affected by this PUD Amendment EXISTS within the proposed PUD Guide. (7) Adequate Facilities. AS CONDITIONED, the development proposed by the PUD Amendment WILL be provided with adequate facilities for roads. The PUD, by virtue of its previous approval, HAS ALREADY been demonstrated to be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. AS CONDITIONED, the improvement standards applicable to the proposed development WILL be as specified in Article 4, Division 6 of the Eagle County Land Use Regulations. (9) Compatibility With Surrounding Land Uses. AS CONDITIONED, the proposed changes of land use to a church, other religious facilities, retail sales, and offices ARE compatible with the existing nature of the surrounding land uses. (10) Consistency with Master Plan. The Amendment to the PUD IS primarily consistent with the Eagle County Master Plan and Future Land Use Map designation of "Community Center," as well as with the Eagle County Open Space Plan. The proposed new uses will not affect the Eagle County Comprehensive Housing Plan. (11) Phasing. A phasing plan for the development proposed by the PUD Amendment is established through the amended PUD_ Guide, and guarantees WILL BE provided with the Amended Final Plat for those 4 public improvements and amenities not previously collateralized, if any, that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements, if any, SHALL BE constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. (12) Common Recreation and Open Space. The McGrady Acres PUD HAS ALREADY BEEN shown to comply with the common recreation and open space standards above. Over 25% of the total PUD area IS devoted to open air recreation or other usable open space, public or quasi - public, and the PUD DOES provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) personal who are to be residents of the PUD. (13) Natural Resources Protection. It is assumed that the proposed Amendment to the PUD HAS considered the recommendations made by the applicable analysis documents, as well as the recommendations of responding referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards 3. That pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e Standards for the review of a Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The Amendment to the PUD IS primarily consistent with the Eagle County Master Plan and Future Land Use Map designation of "Community Center," as well as with the Eagle County Open Space Plan. The proposed new uses will not affect the Eagle County Comprehensive Housing Plan. (2) Consistent with Land Use Regulations. AS CONDITIONED, the proposed re- subdivision IS compliant with all of the standards of this Section and all other provisions of the Eagle County Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards. (3) Spatial Pattern Shall be Efficient. The proposed consolidation of Lots 9 and 10 into one lot HAS NOT created 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. 5 G ) 1 (a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service 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. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un- served area. (4) Suitable for Development. Considering its site constraints, the property proposed to be re- subdivided IS suitable for development under the current McGrady Acres PUD. (5) Compatibility With Surrounding Land Uses. AS CONDITIONED, the proposed changes of land use to a church, other religious facilities, retail sales, and offices are compatible with the existing nature of the surrounding land uses. 4. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to Preliminary Plan for PUD (1) Is consistent. AS CONDITIONED, the proposed PUD Amendment to (1) consolidate Lots 9 and 10 into one lot and alter its residential uses, and add a church, other religious facilities, retail sales, offices, and other uses as use -by- right; and (2) change residential uses on Lot 12 and add a chapel and other uses as use -by -right IS consistent with the efficient development and preservation of the entire Planned Unit Development; (2) Does not affect in a substantially adverse manner. AS CONDITIONED, 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 21 THAT, the application submitted by the Presbyterian Parish of Minturn for amendment of the McGrady Acres Planned Unit Development be and is hereby granted, subject to the following conditions: Amended Final Plat. Prior to the approval of any Amended Final Plat pursuant to this PUD Amendment, Applicant shall: A. Stormwater Management Plan. Submit evidence that a Stormwater Management Plan approved by the Eagle County Department of Environmental Health is in place. B. Eagle -Vail Metropolitan District Agreement. Submit an executed Agreement with the Eagle -Vail Metropolitan District covering errant golf ball safety mitigation measures for recording with the Amended Final Plat. C. Trails Easement. Submit an executed deed to Eagle county for the ten foot (10') trails easement along Nottingham Ranch Road for acceptance by the Board of County Commissioners and recording with the Amended Final Plat. D. State Highway Access Permit. Submit evidence that a proper State Highway Access Permit accommodating the changes made in the PUD pursuant to this File No. PDA -00026 exists. E. Conditions of File No. G -00009 (Easement Vacation). Submit evidence that the Eagle River Water and Sanitation District has certified that the sewer lines have been satisfactorily relocated. Upon receipt of such evidence the Resolution approving File No. G -00009 and the Quit Claim Deed from Eagle County shall be submitted tot he Board of County Commissioners for approval, signature, and recordation. F. Building Envelope Setback. The Amended Final Plat shall clearly show that all building envelopes are set either a minimum of fifty feet from the high water mark of the Eagle River (defined as the ten- year floodplain boundary), or at or beyond the hundred -year floodplain boundary, whichever shall be the greater of the two distances. 2. Offices. Applicant shall amend the PUD Guide to reflect that the floor area of all non - profit agency offices shall not exceed 7,000 square feet, and all offices of the church shall not exceed 1,500 square feet, for a total office square footage not to exceed 8,500 square feet. Calculations shall be from exterior wall to exterior wall, exclusive of hallways, mechanical rooms, stairwells, and space where floor -to- ceiling height is less that 4% feet, but inclusive of bathrooms and storage rooms. 0 C) 3. "Recreational Facilities." Applicant shall amend the PUD Guide to reflect the following changes affecting "Recreational Facilities ": A. Definition Section. Section xii) "Recreational Facilities" of the PUD Guide shall be divided into three sections, "Major Recreational Facilities," "Minor Recreational Facilities," and "General Restrictions," defined as follows: (1) "Major Recreational Facilities" shall mean any physical improvements such as a gymnasium or other similar structure over 1,1001 square feet but not to exceed 5,000 square feet, constructed for the purpose of accommodating recreational sports activities such as volleyball, basketball, or other similar activities, or for special religious or educational activities; and -such outdoor improvements in excess of 5,000 square feet per lot as may be defined elsewhere under "Park, Playground, Open Space, or Greenbelt." These facilities shall be available for the general use of the church and for day or summer camps, not to exceed two weeks in length at any given time, for up to 100 persons, children and /or adults, on an occasional basis throughout the year. They shall be used by Owner solely for the purpose of recreation or spiritual education and may include dining facilities, kitchen facilities (not to exceed 500 square feet), storage facilities, restrooms, or other similar needs. (2) "Minor Recreational Facilities" shall mean a recreational building not to exceed 1,000 square feet, constructed for the purpose of accommodating limited recreational or sports activities, or special religious or educational activities; and such outdoor improvements up to a maximum of 5,000 square feet per lot as may be defined elsewhere under "Park, Playground, Open Space, or Greenbelt." These facilities shall be available for the general use of the church and for day or summer camps, not to exceed one week in length at any given time, for up to 30 persons, children and /or adults, on an occasional basis throughout the year. They shall be used by Owner solely for the purpose of recreation or spiritual education and may include dining facilities, kitchen facilities (not to exceed 300 square feet), storage facilities, restrooms, or other similar needs. (3) "General Restrictions." Major and /or Minor Recreation Facilities shall be subordinate to the Church Complex, used solely by the church or under its direct supervision, and be in conjunction with 0 (7 0 the Church. By no means is any Recreation Facility to be in lieu of the Church Complex. B. Land Use Section. The following changes shall be made: "Minor Recreational Facilities" shall be a use -by -right on combined Lots 9 and 10. "Major Recreational Facilities" shall be a Special Use solely on combined Lots 9 and 10. "Minor Recreational Facilities" shall be a Special Use solely on Lot 12; "Major Recreational Facilities" shall not be allowed on Lot 12. 4. Material Representations. Except as otherwise modified by these conditions of approval, all material representations of the Applicant in its submittal package and in public hearing shall be binding. THAT, the "Amended and Restated PUD Guide for McGrady Acres PUD" 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 "McGrady Acres PUD Guide" recorded September 30, 1991 in Book 563 at Page 442 of the Eagle County Records. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commis loners of the County of Eagle, State of Colorado, at its regular meeting held the &�aday of , 2001, nunc pro tunc to the 10th day of July, 2000. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Sara J. Fisher Clerk of the Board of County Commissioners Am M. Menconi, Commissioner 01 Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the was as follows: Commissioner Tom C. Stone _ Commissioner Michael L. Gallagher Commissioner Am M. Menconi This Resolution passed by( vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 10 C J AMENDED AND RESTATED PUD GUIDE FOR MCGRADY ACRES PUD This "Amended and Restated PUD Guide for McCrady Acres PUD" amends and restates in its entirety, and supersedes, the previously approved " McGrady Acres PUD Guide" as set forth in Book 563 at Page 442 of the Eagle County records. It is also intended to replace the standard zoning provisions of the Eagle County Land Use Regulations, as may be amended from time to time. Where this Guide is silent, the provision of the Eagle County Land Use Regulations shall govern. 1) Lot Uses Lot 1— Open Space and overflow parking Lot 2 — Single Family Lot 3 — Duplex Lot 4 — Duplex Lot 5 — Duplex Lot 6 — Multi Family — 2 units Lot 7 — Church plus single family residence Lot 8 — Single Family Lot 9 — See Section 10 Lot 10 — See Section 10 Lot 11— Golf Parcel Lot 12 — See Section 10 2) Open space will be equal to 27.3% of the total. One lot, Lot 11, is part of a golf course. Open space areas will be owned and maintained by the subdivision Homeowners Association or by a unit of government. 3) Residential lots will contain at least 8,000 square feet per residential unit. 4) Buildings will cover no more than 25% of the net developable land. Impervious materials will cover no more than 45% of net developable land. 5) Minimum Setbacks: 25 feet from local street 50 feet from the river Rear yard 12.5 feet Side yard —12.5 feet 6) Building Height — shall not exceed 35 feet 7) No structures shall be built within areas allotted for utility easements. 8) Disturbance and alteration of property is to be confined to building envelopes along the river or natural drainages. Lot 8 disturbance is not to go beyond the building envelope to the south or east. No native vegetation south of building envelopes is to be altered in any way. 9) Projections — every part of a required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: a) patios, walls, steps — no projections 1 church pudl2.doc 8.13.00 C b) fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard or 4 feet into any required front yard. 10) Amended PUD Guide Affecting Only Lots 9, 10, and 12 singly or as they may be combined according to the Final Plat for McGrady Acres recorded in Book 558 at Page 533 of the Eagle County records, and the Correction Plat for Lots 8 and 9 recorded in Book 586 at Page 856. a) Statement of Purpose The purpose of this amendment to the McGrady Acres PUD Guide is to enhance the potential of the Subdivision by creating more flexible development standards for Lots 9, 10 and 12 with respect to the development project described below. b) General Provisions This PUD Guide Amendment has been submitted in connection with the development of Lots 9, 10 and 12 within the Subdivision. The Owner intends to develop and construct a church complex and related common areas for these lots (the "Project"). The Project will combine and replat Lots 9 and 10 (the "Combined Lots") into one lot and will include the initial construction of a church building along with suitable parking and other common areas. The Project is to be constructed in several phases over the years. The Owner believes that the initial phase of the Project will consume at least 5 years. The initial phase will consist of the construction of one or more separate buildings and adjoining parking areas along with walkways, garden areas and landscaping on the Combined Lots. Uses of the building(s) could include religious worship, education and fellowship, office space for the church and non -profit organizations, a housing unit for a church staff member, meeting space for small and large community gatherings, and a retail store for the storage, display and sale of books and associated items of a theological and religious nature. At some time in the future, the Owner intends to construct an additional building(s) or an addition to the building(s) described in the previous paragraph on the Combined Lots that would address the needs of an evolving community. This could include additional space allotted to the above listed uses, and/or a recreational facility. The plans for Lot 12 include the construction of a park with various recreational and spiritual amenities. This could include an amphitheater or open area for outdoor worship services, a memorial garden and columbarium, walkways, gardens and landscaping. There could also be a small chapel and a church staff - housing unit. c) PUD Modification or Amendment Procedures The McGrady Acres PUD for the Combined Lots and Lot 12 may be modified or amended only upon compliance with the Eagle County Land Use Regulations in effect at time of amendment. d) Definitions for the following words and terms as applied to the Lots as presently existing or as may be replatted shall have the following mea i) "Building Envelope" shall mean that portion of a lot within which all buildings are confined. ii) "Chapel" shall mean any building which is used as a place of worship and which is smaller than and subordinate to the Church Complex and is used by the Church. This shall be limited to 2,000 square feet in size. 2 church pudl2.doc 8.13.00 C 11 iii) "Church Complex" shall mean one or more separate buildings and their associated common areas, including church offices, all of which form a cohesive design and scheme of operation and which may be used for the gatherings of persons for such purposes as worship, religious activities, deliberation, religious education such as Sunday school, bible studies, or similar uses, instruction, meetings, religious or spiritual publications library, and non - commercial dining. Church Complex may include any one or more of the following; church staff housing unit, day care center, educational and/or ecclesiastical facility, nonprofit organizational offices, recreation facilities and retail sales for religious or nonprofit organization products. iv) "Church Staff Housing Unit" shall mean any space in an existing building or a separate Dwelling Unit which is utilized entirely by employees or members of the Owner for lodging purposes and which constitutes one or more rooms in a building designed to be used and occupied by one family living independently of any other family, having not more than one indoor kitchen facility, to be used solely for residential occupancy. The maximum area allowed shall be 1,000 square feet on the combined lots 9 and 10 and 1,000 square feet on lot 12. v) "Day Care Center" shall mean and refer to a facility used for the whole or part of a day for the care of seven (7) or more children, not related to the owner, operator or manager thereof; whether such facility is operated with or without compensation for such care. This facility shall be subordinate to the Church Complex and is to be used by the Church, or directly supervised by the Church, and is to be in conjunction with the Church. By no means is this facility to be in lieu of the Church Complex. vi) "Duplex" shall mean a building containing two (2) dwelling units connected by a common wall shared by the units, neither of which are multi- housekeeping -unit dwelling units. This is only to be considered in the event that no building construction has taken place on the Combined Lots. Exercising this provision shall remove all but residential uses on the Combined Lots. vii) "Educational and/or Ecclesiastical Facility" shall mean any private, parochial or independent school which is organized for the purpose of providing education for compulsory school age pupils comparable to that provided in the public schools of the State of Colorado. This facility shall be subordinate to the Church Complex and is to be used by the Church, or directly supervised by the Church, and is to be in conjunction with the Church. By no means is this facility to be in lieu of the Church Complex. viii) "Memorial Garden or Columbarium" shall mean any area which is utilized, in whole or in part, for the purpose of honoring the memory of any person or event or which is utilized as a vault for the purpose of creating a repository for urns containing ashes of the dead. ix) "Nonprofit Organization Offices" shall mean any area of an existing structure or any separate building where nonprofit activities or services may be made available to the public. (For example: offices and meeting area for Habitat for Humanity). Non profit organization offices shall not exceed 7,000 square, and all offices of the church shall not exceed 1,500 square feet, for a total office square footage not to exceed 8,500 square feet. Calculations shall be from exterior wall to exterior wall, exclusive of hallways, mechanical rooms, stairwells, and spaces where floor -to- ceiling height is less than 4 'h feet, but inclusive of bathrooms and storage rooms. x) "Outdoor Worship Area" shall mean any uncovered area, whether improved or unimproved, which is designed or devoted for use by members or guests of Owner for conducting worship services or religious activities. xi) "Park," "Playground," "Open Space," or "Greenbelt" shall mean any area or development designed for use as common areas, including, but not limited to, parks, recreation areas, gardens, paths, walkways, and trails. Playground shall also mean surface improvements such as a volleyball or basketball court, or other similar uses. church pudl2.doc 8.13.00 xii) "Recreational Facilities (1) "Major Recreational Facilities" shall mean any physical improvements such as a gymnasium or other similar structure over 1,001 square feet but not to exceed 5,000 square feet, constructed upon real property for the purpose of accommodating recreational or sports activities such as volleyball, basketball, or other similar activities, or for special religious or educational activities; and such outdoor improvements in excess of 5,000 square feet per lot as may be defined elsewhere under "Park, Playground, Open Space, or Greenbelt." These facilities shall be available for the general use of the church and for day or summer camps, not to exceed two weeks in length at any given time, for up to 100 persons, children and/or adults, on an occasional basis throughout the year. They shall be used by Owner solely for the purpose of recreation or spiritual education and may include dining facilities, kitchen facilities (not to exceed 500 square feet), storage facilities, restrooms, or other similar needs. (2) "Minor Recreational Facilities" shall mean a recreational building not to exceed 1,000 square feet, constructed for the purpose of accommodating limited recreational or sports activities, or special religious or educational activities; and such outdoor improvements up to a maximum of 5,000 square feet per lot as may be defined elsewhere under "Park. Playground, Open Space, or Greenbelt." These facilities shall be available for the general use of the church and for day or summer camps, not to exceed one week in length at any given time, for up to 30 persons, children and/or adults, on an occasional basis throughout the year. They shall be used by Owner solely for the purpose of recreation or spiritual education and may include limited, cooking facilities (not to exceed 300 square feet), storage facilities, restrooms, or other similar needs. (3) "General Restrictions" Major and/or Minor Recreational Facilities shall be subordinate to the Church Complex, used solely by the Church or under its direct supervision, and be in conjunction with the Church. By no means is this facility to be in lieu of the Church Complex. xiii) "Retail Sales for Religious or Nonprofit Organization Products" shall refer to any space contained within the Church Complex, not to exceed 1,000 square feet, which is specifically established for the display and retail sales of religious or nonprofit organization books, products and associated items of a theological and religious nature. Hours of operation shall be limited to Monday through Friday from 8 a.m. to 6 p.m. with occasional evening or weekend use in conjunction with special events. This facility shall be subordinate to the Church Complex and is to be used by the Church, or directly supervised by the Church, and is to be in conjunction with the Church. By no means is this facility to be in lieu of the Church Complex. xiv) "Single Family" shall mean and refer to a lot, which may be used solely for residential purposes and upon which not more than one building may be constructed for not more than one Dwelling Unit. This is only to be considered in the event that no building construction has taken place on Lot 12. Exercising this provision shall remove all but residential uses on Lot 12. e) Use Regulations - Land Uses: i) The following uses shall be included on the Combined Lots, singly and/or as may be combined and replatted. (1) Use By Right (a) Church Complex (b) Nonprofit Organization Offices (c) Retail Sales for Religious or Nonprofit Organization Products (d) Outdoor Worship Area church pudl2.doc 8.13.00 i) Special Uses Review Special Uses Review for the Lots shall follow all the requirements for a Special Use Permit, as shown at Section 5 -250, SSvecial Uses of the Eagle County Land Use Regulations, adopted November 23, 1998, as may be amended from time to time. ii) Lot Coverage (.25) Defined as building footprint including cantilevered space and garage (excluding decks). ii) Total Impervious Materials (.65) Lot 9, 10 Impervious materials are defined to include any asphalt, Total Impervious Materials (.45) Lot 12 concrete or other surface materials that are utilized in any fashion as a covering over natural ground and soils. iv) Floor Area Ratio (.35) Floor Area ratio means the relationship of floor area to net developable area of the lot, expressed as an arithmetic ratio. v) Easements: No structures shall be built within areas allotted for utility easements. 5 churchpudl2.doc 8.13.00 (e) Park, Playground, Open Space, or Greenbelt (f) Minor Recreational Facilities (g) One (1) Church Staff Housing Unit (2) Special Uses (a) Day -Care Facilities (b) Educational and/or Ecclesiastical Studies Facility (c) Two (2) Duplexes (d) Major Recreational Facilities ii) The following uses shall be included on Lot 12 as platted. _ (1) Use By Right (a) Memorial Garden or Columbarium (b) Chapel (c) Outdoor Worship Area (d) One (1) Church Staff Housing Unit (e) Park, Playground, Open Space, or Greenbelt (2) Special Uses (a) One (1) Single Family Dwelling Unit (b) Minor Recreational Facilities (c) Amphitheater fl Use Restrictions and Guidelines i) Special Uses Review Special Uses Review for the Lots shall follow all the requirements for a Special Use Permit, as shown at Section 5 -250, SSvecial Uses of the Eagle County Land Use Regulations, adopted November 23, 1998, as may be amended from time to time. ii) Lot Coverage (.25) Defined as building footprint including cantilevered space and garage (excluding decks). ii) Total Impervious Materials (.65) Lot 9, 10 Impervious materials are defined to include any asphalt, Total Impervious Materials (.45) Lot 12 concrete or other surface materials that are utilized in any fashion as a covering over natural ground and soils. iv) Floor Area Ratio (.35) Floor Area ratio means the relationship of floor area to net developable area of the lot, expressed as an arithmetic ratio. v) Easements: No structures shall be built within areas allotted for utility easements. 5 churchpudl2.doc 8.13.00 C',i vi) Building Envelope Projections C. Every part of the area outside of the Building Envelope shall be unobstructed from the ground level to the sky except for permitted projections of architectural features, as noted in Eagle County Land Use Regulations 3- 340.C.3.a-d, adopted November 23, 1998, as may be amended from time to time. Disturbance and alteration of property is to be confined to building envelopes along the river or natural drainages. No native vegetation south of building envelopes, where the building envelopes are along the river, is to be altered in any way. vii) Use Restrictions and Guidelines All building envelopes shall be either a minimum of fifty feet from the high water mark of the Eagle River (defined as the ten-year floodplain boundary), or at or beyond the hundred year flood plain boundary, whichever shall be the greater of the two distances. viii) Parking Standards: Parking standards for the Lots shall conform with the Comprehensive Parking Plan described in number 8 below, and, to the extent not inconsistent, shall also conform with Division 4 -1 (Off-street Parking and Loading Standards) as contained in the Land Use Regulations for Eagle County adopted on November 23, 1998, as may be amended from time to time. ix) Comprehensive Parking Plan The following calculations shall govern parking requirements and standards for the Lots. In future Phases of the Project the below parking requirements will be used to determine the total parking requirements. Site specific, Engineer designed, drainage plans shall be submitted prior to the issuance of any Building Permits. This plan shall preserve the character of the Eagle River by way of runoff controls such as on -site detention (refer to the Upper Eagle Valley non -point source control plan). Public Assembly I 1 space per 100 sq. ft. of floor area used for seating or assembly in the sanctuary, fellowship and balcony of the church in Phase I or in other similar interior spaces, such as the sanctuary in the Chapel, used for primary assembly in future phases. The following areas shall be excluded from this calculation; foyers, bathrooms, stairways, circulation corridors, mechanical areas and storage areas. church pudl2.doc 8.13.00 C C' 111 Public Assembly II 1 space per 300 sq. ft. of floor area used for secondary seating or assembly purposes, excluding the public assembly areas listed above and exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors and mechanical areas and storage areas used solely by tenants on the site. This shall include spaces used for educational purposes such as classrooms, the upper room, the rec room, the youth group room, and other similar spaces in Phase I. It shall also be used in future phases for similar spaces and for interior spaces used for recreational purposes. _ Church & Non-profit Offices 1 space per 250 sq. ft. of floor area used for office purposes, exclusive of any area dedicated to foyers, • bathrooms, stairways, circulation corridors and mechanical areas and storage areas used solely by tenants on the site. Retail Sales for Religious or Non -Profit 1 space per 300 sq. ft. of floor area (except storage). Organization Products Dwelling Units 3 spaces per single family or duplex unit and 2 spaces for each Church Staff Housing Unit. Memorial Garden or Columbarium 3 spaces shall be provided on Lot 12, or on the Combined Lots. Shared Parking or Loading Areas Pursuant to the Eagle County Land Use Regulations, as may be amended from time to time, shared parking or loading areas shall be allowed to the maximum extent possible. Calculations shall be provided with each application for a building permit. g) Landscape and Illumination Requirements: i) Landscape and Illumination standards for all lots shall conform with Division 4 -2 (Landscaping and Illumination Standards) as contained in the Land Use Regulations for Eagle County adopted on November 23, 1998, as may be amended from time to time. The landowner shall be responsible for maintenance of landscaped areas. . ii) A final landscape plan shall be prepared by a landscape architect, architect, or other qualified landscape designer, and shall be submitted with the Building Permit application. The plan shall include all the requirements listed under 4- 220.C. iii) All outside parking facing or abutting a lot or street in a residential use shall have sight -obscuring landscape buffer or fence. The landscape buffer or fence shall be of such material and design as will not detract from adjacent residences. Materials are to be wood split -rail or similar style and are to be designed to blend with the natural topography and vegetation. iv) New site utilities are to be installed underground. Utility boxes including any meters are to be located and/or screened to be essentially not visible from off site. church pud12.doc 8.13.00 CY C h) Comprehensive Sign Plan: i) One sign relating to the Church, not to exceed 40 square feet, shall be located so that it is readily visible from the street abutting the front setback. If the sign is freestanding, the height above grade shall not exceed 7 feet. ii) Additional signs may be provided for the identification of a religious nonprofit bookstore or any nonprofit organization offices, and such signs shall not exceed 10 square feet and shall be readily visible from the street and parking areas abutting the front setback. If these signs are freestanding, the height above finished grade shall not exceed 5 feet. iii) The design and materials of the signs shall be in character with and not detract from adjacent properties. iv) A final, drawn, sign plan shall be submitted with each Building Permit application. v) Except listed above, all other signs and regulations shall be congruent with Eagle County Land Use Regulations adopted November 23, 1998, as may be amended from time to time. i) Architectural Guidelines i) Architectural Theme: While the architectural design for all lots calls for relatively simple building forms, many opportunities are available to add character and interest to buildings. Buildings should be enriched by the introduction of building details such as decorative features accenting door and window openings, porches and railings, signage, deck and patio surfaces, chimneys and dormers, and other similar elements. In concert with the overall architectural style, details should be consistent in their origin and interpretation throughout the building. Roofs are a very prominent visual element the building and as such provide a strong unifying characteristic between buildings. The use of consistent roof forms and materials is also an important element of the building design. A simple pattern of primary and secondary roof forms, relatively steep pitches, dormers, and a limited palette of materials and colors are the primary design objectives for roofs. The use of a relatively limited range of exterior wall materials and colors will assure visual compatibility throughout the project. Exterior walls should be characterized by strong simple forms constructed of wood and stucco, and accented with stone. Walls can be complemented with natural colored wood in sheathing fascias, trims, etc. Also, bright colored accents can be used to emphasize certain elements on the building. Wherever possible, building foundations should be designed to visually link with the landscape in order to reinforce the visual harmony between the building and the landscape. ii) Max. Building Height: Building height shall be 35' -0". Building height shall be measured from any point around the building at existing or finished grade (whichever is more restrictive) to the mid -point of the highest sloping roof above. Exceptions to these requirements: Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances may not exceed 45' -6 "to the top of the structure. Spires, steeples, domes, cupolas, towers and similar non - inhabitable building appurtenances may not exceed 55' -0" to the top of the structure and there shall be no more than a total of one such elements. iii) Roofs: Roofs will be the dominant elements of the building. Roofs are typically comprised of a single major roof plane and other secondary roof planes. Roof forms should be relatively simple and church pudl2.doc 8.13.00 limited to gable, hip, and shed type roofs. In order to assure interesting form and a reduction of visual scale, large roof planes shall be broken up with secondary roof elements, such as dormers, chimneys, etc. Roof slopes should generally be in the range of 6:12 to 12:12 pitch. The roof pitch of secondary roofs shall be complementary to the primary roof. Roofs with lesser, or greater, slopes may be allowed in limited areas. Flat roofs are not permitted as a primary roof form. Flat roofs may be used only in minor, secondary areas of the building such as entryways, porte cocheres, deck enclosures or similar features. Flat roofs are not to be used in conjunction with major roof forms or massing of the building. Substantial roof overhangs of at least 18" and wide fascias should also be incorporated into the design. of primary roofs. Secondary roofs may have smaller overhangs, but not less than 12". Roofs should be designed with consideration to snow accumulation and shedding. Entryways and pedestrian areas should be protected from potential snow shedding. (1) Roof Materials: Roofing materials are to be Asphalt Composite Shingles, Metal Standing Seam, Metal Shingles, Wood Shingles, Wood Shakes, or Concrete Tiles. (2) Roof Colors: Colors are to be muted earth tones that complement the building's exterior color scheme and selected to blend the building into the landscape colors on its site as seen from off site. 4 _ On metal roofs, minimizing reflectivity will be a priority. iv) Walls: Building walls are not to exceed two stories in height, on the non -gable ends of buildings. Walls on the gable ends of buildings may exceed two stories in height. Foundations and finished site grading should be designed so that the building appears to emerge from the ground. Foundations above finished grade shall be covered with stucco, rusticated concrete block, or stone. (1) Wall Materials: Exterior siding materials will be wood and/or stucco. Other materials such as stone, rusticated concrete block, brick etc., may be used as accents and must be less than 50 percent of the total wall surface area. (2) Colors: Colors are to be muted earth tones that complement the building's exterior color scheme and selected to blend the building into the landscape colors on its site as seen from off site. (3) Primary and secondary accent colors should be reserved for artistic applications to highlight features such as doors, window trim, porches, railings, signage or other similar features. 9 church pudl2.doc 8.13.00