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HomeMy WebLinkAboutR03-051 Amendment to the Arrowhead at Vail PUD File No. PDA-00039• • 832925 0 Page: I of 75 all 1111111111111111111111111 05/12/2003 10:52A Teak J Simonton Easle, CO 370 R 0.00 D 0.00 Commissioner �60 n moved adoption of the following Resolution: BOARD OF COUNTY COMMSSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2003 - A RESOLUTION APPROVING AN AMENDMENT TO THE ARROWHEAD AT VAIL PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -00039 -IS/Ac- WHEREAS, on or about 31 July 2002, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail / Arrowhead, Inc., (hereinafter "Applicant ") for amendment of the Arrowhead at Vail Planned Unit Development located west of Avon, Colorado (hereinafter the "PUD "), Eagle County File No. PDA- 00039; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD Guide to add a Section which would place restrictions on the permitted location of timeshare, interval ownership and fractional share uses within the Arrowhead at Vail Planned Unit Development. 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 Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meetings held 4 September and 2 October 2002, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public meetings of 17 September, 29 October and 10 December 2002 and 28 January 2003, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and 0 0 Commissioner A CO rl I moved adoption of the following Resolution: .BOARD OF COUNTY COMINUSSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2003 - 0'5'1 A RESOLUTION APPROVING AN AMENDMENT TO THE ARROWHEAD AT VAIL PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -00039 WHEREAS, on or about 31 July 2002, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail / Arrowhead, Inc., (hereinafter "Applicant") for amendment of the Arrowhead at Vail Planned Unit Development located west of Avon, Colorado (hereinafter the "PUD "), Eagle County File No. PDA- 00039; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD Guide to add a Section which would place restrictions on the permitted location of timeshare, interval ownership and fractional share uses within the Arrowhead at Vail Planned Unit Development. 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 Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meetings held 4 September and 2 October 2002, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed PUD Amendment; and WHEREAS, at its public meetings of 17 September, 29 October and 10 December 2002 and 28 January 2003, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and 0 0 WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Eagle County Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: 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. The title to all land that is part of this PUD is not owned or controlled by one (1) person. However, the Applicant is Vail / Arrowhead, Inc., on behalf of the PUD as a whole. 2. Uses. All of the proposed additional 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 the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 3. Dimensional Limitations. The dimensional limitations that shall apply to the PUD are those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 4. Off -Street Parking and Loading. It has previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment will not adversely effect the adequacy of the existing off-street parking and loading. 5. Landscaping. Landscaping provided in the approved PUD Preliminary Plan has been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. With the recommended condition, the proposed PUD Amendment does not impact existing landscaping nor require additional landscaping. 6. Signs. The sign standards applicable to the PUD are as specified in the Amended and Restated Guide to the Planned Unit Development Plan, currently in effect for Arrowhead at Vail. 2 0 0 7. Adeguuate Facilities. It has previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. 8. Improvements. It has previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect improvements regarding: (a) safe, efficient access, (b) internal pathways, (c) emergency vehicles, (d) principal access points, and (e) snow storage. 9. Compatibility With Surrounding Land Uses. The development proposed for the PUD has been determined to be compatible with the character of surrounding land uses. The proposed PUD Amendment will not adversely affect this compatibility. 10. Consistency with Master Plan. The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 11. Phasing. A phasing plan is not required for this PUD Amendment. 12. Common Recreation and Open Space. It has previously been determined that the development does comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect common recreation and open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. 13. Natural Resource Protection. It has previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 0 0 1. Consistent with Master Plan. The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Master Plan. 2. Consistent with Land Use Regulations. It has previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect compliance with these standards. 3. Spatial Pattern Shall Be Efficient It has previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment does not adversely affect the spatial patterns in the area. 4. Suitability for Development It has previously been determined that the site was suitable for development. The proposed PUD Amendment does not alter the suitability of the property. 5. Compatible With Surrounding Uses. It has previously been determined that the development is compatible with other development in the area. The proposed PUD Amendment will not adversely effect the compatibility of the resulting development with surrounding uses. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m., Amendment to Preliminary Plan for PUD: The proposed PUD Amendment (a) is consistent with the efficient development and preservation of the entire Planned Unit Development, (b) 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 (c) is not granted solely to confer a special benefit upon any person. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.2.a.(8) Initiation: 1. Applicant has submitted a PUD Guide which incorporates the necessary revisions to effect the proposed PUD Amendment The requirements of this Section are fully met. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by the Vail / Arrowhead, Inc., for amendment of the Arrowhead at Vail Planned Unit Development be and is hereby granted. THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and dated 25 February 2003 and attached hereto as Exhibit "A "; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 6 day of 2003, nunc pro tunc to the 28th day of January, 2003. ATTEST: Teak J. Simontgn Clerk to the Board of County Commissioners CIO a o COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOAR] 5 Commissioner 1 �`1 inn oi • Commissioner • seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. T 0 0 Exhibit "A" AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN Arrowhead at Vail February 25, 2003 ARROWHEAD AT VAM ARROWHEAD AT VAIL 1 04/04/03 11:58 AM • AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN FOR February 25, 2003 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 04/04/03 11:58 AM • 0 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 Villa @e 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 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN 5. Building Coverage Ratio. Building coverage ratio means the relationship of building coverage to the area of the lot which is free from water bodies or the 100 -year floodplain (referred to in Eagle County as the "net developable area "), expressed as an arithmetic ratio. 6. Building Height. Building height means: A. For lots with an average slope of less than 30 percent: The distance measured vertically, from the finished grade at any given point to the top of a flat roof, or mansard roof, or to the midpoint between the eave line and the peak of a gable, gambrel, hip, shed, or similar pitched roof, and measured to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village 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 04/04/03 11:58 AM • 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 to a primary single- family residential unit (i) Bed and breakfast lodges (2) Meeting rooms ARROWHEAD AT VAIL 5 04/04/03 11:58 AM 0 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 6 04/04/03 11:58 AM 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 M 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 M 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 iJnit. 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 7 04/04/03 11:58 AM 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 04/04/03 11:58 AM 0 9 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. Parkin S,g paces. 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 04/04/03 11:58 AM i f AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN 171; 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 Man. Maps contained in the PUD Plan illustrating certain requirements contained in the PUD Plan. 26. Planned Unit Development Plan. Documents created for the purpose of establishing development requirements for Arrowhead at Vail, also referred to as the PUD Plans. 27. Residential Floor Area. Floor area means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls, including but not limited to, lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets, and storage or utility /mechanical areas; and not including basements, garages or areas designed for parking or loading within the building. 28. Ski Area Tract. A tract within the subdivision which can be used solely for recreation uses such as skiing, bicycling, hiking, equestrian, and outdoor cultural activities such as concerts. A ski area tract may have constructed thereon structures associated with such uses, including but not limited to, ski mountain restaurants, maintenance facilities, lifts, yurts, cabins, and a ski touring or equestrian center. 29. Subdivision. Shall mean a parcel of land within Arrowhead at Vail which has been shown on a final and recorded subdivision plat pursuant to 1973 C.R.S. Sec. 30 -28 -101, et. seq., as the same may be amended from time to time. 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 04/04/03 11:58 AM • L� AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN Substantial Amendments. No substantial modification, removal or release of the provisions of the PUD shall be permitted except upon a finding by the County following a Public Hearing called and held in accordance with the provisions of 1973 C.R.S., Section 24- 67- 104(1)(E), as amended, that the modification removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. For purposes of meeting the public notice requirement established by Section 24- 67- 104(1)(E), the term "adjoining landowners" shall mean all owners of real property within the PUD as well as owners of land abutting upon or across the street from the PUD. At the time of application for a substantial PUD Amendment, the applicants, Arrowhead at Vail or its agent(s) shall provide mailing labels for adjoining land owners in a format suitable for use for public notification. Adjoining land owners shall be given written notice delivered or mailed first class, postage prepaid, at least 15 days prior to either the Planning Commission or the Board of County Commissioners meeting, at which such modification, removal or release is considered, except that in the case of condominium owners, notice may be given to the condominium owners association. Each of the following shall be considered a "substantial modification removal or release" of the provisions of the PUD. A. Any increase in the total number of dwelling units or commercial space allowed within the PUD. B. Any change in zone classification of any land within the PUD, unless specifically outlined in Section IV. C. Any removal or release of any land from the PUD. D. Any other matter which the Commissioners determine is a substantial modification, removal or release. 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. ARROWHEAD AT VAIL 11 04/04/03 11:58 AM 0 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 3. In considering an amendment to the PUD Plan, the Board of County Commissioners shall follow the procedures for the PUD Preliminary Plan review; provided, however: A. Application for modifications may cover only those areas of Arrowhead at Vail affected by any proposed change. B. The Board of County Commissioners may waive any Preliminary Plan requirements upon a showing by the applicant that Preliminary Plan requirements have been met previously. 4. Minor Modifications. Subject to the provisions set forth below, minor modifications in land use may be authorized by the Eagle County Zoning Administrator without requiring an amendment to the Arrowhead at Vail PUD. Minor changes which may be authorized by the Eagle County Zoning Administrator include the following: A. Land use changes not to exceed 10,000 square feet to conform to the land use of property immediately adjacent to it; provided, however, that written consent of the Arrowhead at Vail Design Review Committee has been obtained. Any decision by the Eagle County Zoning Administrator may be appealed in writing within-30 days after such decision. B. Amendments to the currently approved Arrowhead at Vail Signage Master Plan or Bachelor Gulch Village Signage Master Plan; provided, however, that written consent of the Arrowhead at Vail Design Review Committee, or in the case of the Bachelor Gulch Village Signage Master Plan, the Bachelor Gulch Design Review Committee has been obtained. If the Zoning Administrator determines that the proposed changes are of sufficient magnitude to warrant a public hearing, said hearing may be required and conducted in the manner of Section IV.2 (Other Amendments) above. 5. Unless otherwise noted in Development Area Restrictions which follow (Section XI), building permits or final plats that are consistent with the approved Arrowhead at Vail Preliminary Plan shall be processed by Eagle County without a requirement that the site development plans be resubmitted for review by the Planning Commission or County Commissioners. 6. It is contemplated that the Arrowhead at Vail development will be subdivided in multiple filings. This Plan is designed to address development controls in the entire Arrowhead development, but it should be expected that the provisions contained in this Plan will be refined, and as a result, changes will occur in subsequent recordings of the PUD Guide. ARROWHEAD AT VAIL - 12 04/04/03 11:58 AM • 0 AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN Buyers of lots or tracts in Arrowhead at Vail should be aware that requirements more restrictive than those contained in the PUD Guide Plan may be imposed as a result of the Declaration or Design Guidelines that are recorded separately for Arrowhead at Vail. The most current Design Guidelines for a particular filing should be consulted prior to formalizing development plans for construction at Arrowhead at Vail. V. EFFECT OF EAGLE COUNTY LAND USE RESOLUTION The provisions of Chapter 2 of the Eagle County Land Use Resolution and the successors thereof, as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not inconsistent with the provisions of this PUD Plan. VI. CONFLICT If there is any conflict between the provisions of the PUD Plan and the provisions of the Eagle County Land Use Resolution, or any other ordinances, resolutions or regulations of Eagle County, the provisions of this Plan shall prevail and govern the development of Arrowhead at Vail. VII. DEVELOPMENT PHASING AND DWELLING UNIT AND COMMERCIAL SPACE REPORT 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. ARROWHEAD AT VAIL 13 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE • PLANNED UNIT DEVELOPMENT PLAN 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 14 04/04/03 11:58 AM 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, O en 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 15 Residential 21 Residential J 18 Park K 10, 11, 12, 15 and 20 Golf Course L Un latted Open 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. (Lower Bachelor Gulch Village continued on the following page) ARROWHEAD AT VAIL 15 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE - PLANNED UNIT DEVELOPMENT PLAN LOWER Open Space Recreation BACHELOR GULCH Open Space Wildlife VILLAGE Village Core Multiple Family /Cluster Homes Mountain Lodges Community Facilities Single Family Residential Single Family Primary/Secondary Residential X. APPROVAL OF CONSTRUCTION PLANS Tracts A, B, C, X, Z, CC, DD, and XX Tract EE, FF Tracts D, E, F, G Tracts H, I, J, & L, M, N,O, Q, R, S, T, V Tract W, U, Y,YY Tract P Lots 77 -111, Lots 112 -115 Lots 48 -76 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. ARROWHEAD AT VAIL 16 04/04103 11:58 AM • i AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 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 certificate of occupancy shall be issued for dwelling units in the planned unit development until such time as parking has been completed sufficient to serve that increment of development under construction and ready for occupancy. Parking for all uses may be provided on a separate lot and at a distance of greater than 200 feet from the use, provided an acceptable plan which guarantees the availability and accessibility of the parking is approved by the Eagle County Commissioners in accordance with the procedure outlined in Section IV.2. Upon approval of an acceptable parking plan for a subarea within Arrowhead at Vail, subsequent development requests that utilize 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 ARROWHEAD AT VAIL 17 04/04/03 11:58 AM 0 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 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 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. ARROWHEAD AT VAIL 18 04/04/03 11:58 AM 0 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 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.) X1. 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 lounges/taverns, and indoor recreation. (3) Outdoor recreation improvements, including but not limited to, tennis courts, ice skating facilities and arenas, swimming pools, golf course improvements, and ski lift terminals. (4) Resort services necessary to support Arrowhead at Vail, including but not limited to, convention space, meeting rooms, service, receiving and storage space, and recreation and administration. (5) Panting 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. ARROWHEAD AT VAIL - 19 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 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. (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. Parldn. (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 ARROWHEAD AT VAIL 20 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN Final Plat(s) for all or part of the Development Area, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed upon applications, as described in Section 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. 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. Parkins. (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. ARROWHEAD AT VAIL 21 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (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 code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 3. 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. Parking. ARROWHEAD AT VAIL 22 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (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 ,g eieht. 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. Dens i . (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. Pte. ARROWHEAD AT VAIL 23 04/04103 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (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. 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. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 25 percent, or a total of 45 percent coverage by impervious materials. E. Parking. ARROWHEAD AT VAIL 24 04/04/03 11:58 AM 0 • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (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 g 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. 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. ARROWHEAD AT VAIL 25 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN B. Special Uses. (1) Heliport. C. Dens i Non - residential buildings not to exceed 40,000 sq.fi. 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. Parma. Based upon the County parking standards at time of issuance of the building permit. F. Maximum Building Hei . 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. ARROWHEAD AT VAIL 26 04/04/03 11:58 AM i 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN B. Dens i . Units: maximum of 44 units; no more than two units per lot. C. Pte. (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. 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 g 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. ARROWHEAD AT VAIL 27 04/04/03 11:58 AM • . AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN B. Dens i . Units: maximum of 14 two- and single - family units on 7 lots in Filing #17, and 78 multiple units, two- or single - family. C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 35 percent, or a total of 60 percent coverage by impervious materials. D. Parking. (1) Multiple - family, two- and single - family housing: off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit. (2) Indoor recreation building: no requirement. E. Maximum Building Height. Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum Building 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 28 04/04/03 11:58 AM 0 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. Dens i . 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. ARROWHEAD AT VAIL 29 04/04/03 11:58 AM • 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN G. Minimum Building Setback For Eagle County review, 50 feet from U.S. Highway 6 road right -0f - -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. 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 IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 10. Development Area H. A. Uses. (1) Multiple -, two- and single - family residential units. (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. Densi 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. Pte. 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 30 04/04/03 11:58 AM 0 • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN E. Maximum Building g eieht. Thirty-five feet maximum for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. To permit the accurate measurement of height on Preliminary Plan lots 1, 2, 3, 4, 5, 6, 7, 8, the final plat for these lots shall show a measurement of average grade across each building site. F. Minimum Building Setback. For Eagle County review, 20 feet from the edge 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 ARROWHEAD AT VAIL 31 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN Design Guidelines developed specifically for Development Area H. (3) Roof Materials: Roof materials for any building constructed in Development Area H shall be carefully chosen to reduce off -site visibility. Any shake shingle roof shall be required to be stained immediately upon application to reduce visibility and glare. (4) Xeriscape 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. ARROWHEAD AT VAIL 32 04/04/03 11:58 AM • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 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. Parkin 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 for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum Building Setback. For Eagle County review, 25 feet from the edge of Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Front and rear setbacks vary by lot. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 12. Development Area J. A. Uses. (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. ARROWHEAD AT VAIL 33 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 13. Development Area K. A. Uses. (1) Winter and summer recreation, including golf, ski touring, and bike and pedestrian trails. Equestrian use is prohibited. (2) Accessory structures related to golf or ski development, including but not limited to, golf shelters, on- course maintenance structures, transmission lines, etc. (3) Well or pump house or other utility- related structure. (4) Outdoor recreation improvements. B. Parking. See Development Area A for parking requirements for the Golf Club. 14. Development Area L. A. Uses. (1) Winter and summer recreation, including skiing, ski touring, hiking and equestrian activities. (2) Accessory structures related to the permitted activities, including shelters and maintenance buildings. B. Maximum Building Coverage and Number of Buildings. Maximum building coverage not to exceed 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. ARROWHEAD AT VAIL 34 04/04/03 11:58 AM i i AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN B. Dens i . Restaurants, touring facility and other buildings: no size limitation, provided the Eagle County Planning Department approves location of all structures. C. Maximum Building Coveraze. No limitation. D. Parldn . No requirements; provided, however, that the parking requirements for the ski area shall be as described in Development Area A and in PUD Appendix A. 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 Commissioners must approve development area plans. This review shall be processed according to the schedule as described in section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 16. Development Area N. A. Uses. (1) Bike or pedestrian trails. (2) Outdoor recreation improvements that do not affect flood water flows. (3) Bridges. (4) Equestrian use is prohibited. B. Parldnn . Same as Development Area A. C. Special Treatment Requirements. In the upper level above the open space retail commercial, lodge /studio units and accessory structures related to the lodge are permitted to cross over Development Area N at a height sufficient to pass estimated 100 -year flood flows, and in an easement to be dedicated at the time of Final Plat Review. Footings constructed under but not on top of Development Area A, and improvements related to bike or pedestrian trails or outdoor recreation shall be the only construction permitted in Development Area N. ARROWHEAD AT VAIL 35 04/04/03 11:58 AM 0 9 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN At the time of building permit applications for buildings on lots that extend into or across Development Area N, landscaping plans for the area of McCoy Creek that falls within the lot proposed for development shall be provided. Said plans shall be reviewed by the County Planning Department, and if found to be satisfactory, shall be approved. In the event they are not considered satisfactory, they shall be returned to the applicant for appropriate modifications. 17. Development Area O (Amended as Per Resolution 93 -53, File No. PD- 139- 92 -A2) A. Uses. (1) Single - family and duplex residential units. (2) Outdoor recreation activities, except equestrian use. B. Dens i . (1) Maximum of 21ots/4 units. C. Building Coverage Ratio and Impervious Area Ratio. The ratio of building coverage to lot area shall not exceed a maximum of 20 percent, or a total of 35 percent coverage by impervious materials (paving, etc.). D. Parkins. Off - street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. E. Maximum Building Height. Thirty-five feet maximum Eagle County review. More restrictive provisions apply; consult Design Guidelines for specific requirements. F. Minimum Building Setback. For Eagle County review, 25 feet from the edge of Arrowhead Drive road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Building and parking setbacks within Lots 14, Filing 21, shall reflect those setbacks illustrated in the PUD and Sketch Plan dated 18 March 1993 and approved by the Eagle County Board of County Commissioners on 13 April 1993. More restrictions may apply; consult Design Guidelines for specific provisions. ARROWHEAD AT VAIL 36 04/04/03 11:58 AM J AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 18. Development Area P (Amended as per Resolution #93 -55, File No. PD-139-92-Al and Resolution #2001 -083, File No. PDA -00033) A. Uses. (1) Single - family and cluster homes residential dwelling units. (2) Accessory structures. (3) Outdoor recreation activities. (4) Ski lift and trail improvements. (5) Model units. B. Densi (1) Maximum of 35 units. 15 single - family 20 cluster homes C. Parkin . (1) Parldng for all units provided, based upon the current Eagle County parking standards at time of issuance of building permit. D. Minimum Residence Size Requirements. The minimum floor area of any single - family living unit shall be 2,400 SF. The minimum floor area of any cluster home unit shall be 1,800 SF. E. Maximum Residence Size Requirements. (1) Single - family lots: The maximum building size for any single - family home shall be 8,500 SF of Residential Floor Area. (2) Cluster Homes: The maximum building size for any cluster home unit shall be 5,000 SF of Residential Floor Area. F. Site Coverage Ratio. (1) Single - Family Lots: The building coverage ratio for single - family lots shall not exceed a maximum of 20% or a total of 40% coverage by impervious materials. ARROWHEAD AT VAIL 37 04/04103 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (2) Cluster Homes: The building coverage ratio for cluster homes shall not exceed a maximum of 25% or a total of 45% coverage of the entire site by impervious materials. G. Maximum Building Height. Thirty-five feet for Eagle County review. More restrictive provisions apply, based on the topographic slope of the site; consult Design Guidelines for specific provisions. H. Minimum Building Setback For Eagle County review, 20 feet from the edge of Arrowhead Mountain Road right -of -way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Additional restrictions may apply; consult Design Guidelines for specific provisions. I. Wildfire Protection. New roadways will provide excellent opportunities to create "fuel breaks" within the development zones in Area P. Additionally, after careful evaluation, fuel breaks may be created elsewhere as required. Disturbed slopes shall be revegetated with plant materials possessing low wildfire hazard ratings. Wildfire Protection: Within each lot maintain a "defensible space" 30 feet from all sides of each structure through fuel modification techniques that remove flammable materials next to the structure. Refer to the Area P Design Guidelines for additional more specific wildfire protection requirements. Special Development Requirement for All Lots. All lots in Development Area P shall be required to meet the following special requirements: (1) Exterior Lighting: No exterior light whose direct source is visible from a neighboring property or which produces excessive glare to pedestrian or vehicular 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 addressing fixture colors, heights and ARROWHEAD AT VAIL 38 04/04/03 11:58 AM 0 9 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN placement will be required by the Design Review Committee. Uplights shall not be permitted in this area. Lighting of trees, residential unit facades, other site amenities, or landscape features shall not be permitted unless in strict compliance with the requirements of the Arrowhead at Vail Development Area P Design Guidelines. (2) Building Materials: Exterior building materials shall be fire retardant. No reflective materials shall be used on any building in this area and mirror glass shall be prohibited. In 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 P. (3) Roof Materials: Roof materials for any building constructed in Development Area P shall be carefully chosen to reduce off -site visibility and to inhibit the spread of wildfire. All wood roof coverings shall be a minimum of Class "C" rated fire retardant, pressure impregnated treated. Any shake shingle or split shingle roof shall be required to be stained immediately upon application to reduce visibility and glare. More specific requirements are contained in the Design Guidelines for Area P. (4) Xeriscape Landscaping: All residential lots shall be required to incorporate xeriscape landscaping principles. The guidelines for this landscaping shall be addressed in the Design Guidelines for Development Area P. (5) Garages: For all single - family lots, covered parking (garages) for at least two automobiles per dwelling unit will be required. There shall be a maximum of three garage parking spaces plus storage in this development area. The guidelines for garage design shall be addressed in the Design Guidelines for Development Area P. ARROWHEAD AT VAIL 39 04104/03 11:58 AM • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (6) Driveways: The length of driveways shall be minimized due to topographic conditions. Common driveways are encouraged. K. Additional Review and Subdivision Platting. Prior to the issuance of any building permits in Development Area P, a final plat . approval must be granted, provided, however, that Development Area P may be subdivided through multiple plats filed in phases that do not necessarily include the entire Development Area P at one time. If, in the opinion of the Planning Commission, a proposed subdivision plat is inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must formally approve development area plan changes prior to subdivision plat approval. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan and the PUD Guide. 19. Special RegUirements For Development within Bachelor Gulch: The Design Guidelines that will apply to the Bachelor Gulch area will contain the following provisions: A. Li tin . 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 horizonal cut -off fixtures are recommended to reduce glare and provide general ambient light. Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Committee. Final approval of the proposed illumination plan will be required by the Design Review Committee. Fixture colors, heights and placement shall be addressed in the plan. No uplights shall be permitted in Bachelor Gulch. No lighting of trees, residential unit facades, other site amenities, or landscape features shall be permitted unless in strict compliance with the requirements of the Arrowhead at Vail Design Guidelines that apply within the Bachelor Gulch area. B. Building Materials. No reflective materials shall be used on any building in Bachelor Gulch. In general, stone, wood or log siding shall be required as the dominant exterior wall material for all ARROWHEAD AT VAIL 40 04/04/03 11:58 AM • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN units. A range of permitted colors for units shall be provided through the Design Guidelines developed specifically for Bachelor Gulch. C. Roof Materials. Roof materials for any building constructed in Tract Y shall be carefully chosen to reduce off -site visibility. Any shake shingle roof shall be required to be treated immediately upon application to reduce visibility and glare. 20. Lower Bachelor Gulch Village - Tracts A. B. C, X. XX, Z. CC, and DD - "OPEN SPACE RECREATION' A. Uses by Right. (1) Open space, all recreational activities and facilities compatible with the valley's environment and consistent with the needs of a year -round mountain resort, including but not limited to, activities and facilities associated with alpine and nordic recreational and competitive skiing, equestrian operations, sports courts, swimming, ice skating, bicycling, fishing, bob sledding, snow shoeing, children's playgrounds, hiking, special events, outdoor entertainment, utility installations and lines; roadways and bridges; mobile food service; picnic decks and observation decks; and private club /facilities as shown in an approved P.U.D. plan. (2) Resort operations space and facilities necessary for the support and operation of a year -round resort including, but not limited to, information centers, ski school, ski patrol, ski lockers and storage, lift operations and maintenance, lift and gondola towers, gondola stations and lift terminals and related facilities, ticket operations, snowmaking facilities, and entrance gates and security operations. B. Parking. Parking will be provided that is sufficient to meet the needs of uses provided and will be in accordance with the then current Eagle County parking standards. C. Set Back: No minimum except that it must be sufficient to ARROWHEAD AT VAIL 41 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Set back applies to building structures only. D. Height: 35 ' Maximum 21. Lower Bachelor Gulch Village- Tracts EEXF - "OPEN SPACE WILDLIFE" A. Uses by Right. (1) Open Space Wildlife (OSW) is intended to preserve areas as wildlife habitat, movement corridors, and winter range. The OSW area is intended therefore to be preserved in its natural state to the maximum extent practical. Therefore, uses permitted in the OSW area shall be limited to: (a) The existing roadway (Bachelor Gulch Trail), the ski -way (including snow - making), and bikeway from the Tames (Tract B of Beaver Creek PUD) to the Bachelor Gulch Village Core. (b) Improvements associated with the gondola/lift corridor from the Tares to the Bachelor Gulch Village Core. (c) Existing pedestrian, equestrian, and bike trails within the designated area. (d) Underground utility installations, storage tanks, and lines. (e) An access driveway for lot 68. All use of existing trails shall be subject to seasonal closures, if any, as determined within the Wildlife Management Plan. No new trails shall be constructed without authorization of the Colorado Division of Wildlife. ARROWHEAD AT VAIL 42 04/04/03 11:58 AM 0 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 22. Lower Bachelor Gulch Village- Tracts D.E.F.G - "VILLAGE CORE" A. Uses by Right. (1) Hotel and lodge rooms. (2) Apartment accommodations; condominiums; and single - family primary/secondary, duplex and townhouse structures, including interval ownership. (3) Commercial space. (4) Recreational amenities and facilities consistent with the needs of a year -round resort including, but not limited to, alpine and Nordic skiing, tennis, swimming pools, sports courts, picnic decks and ice skating. (5) Resort operations space and facilities necessary for the support of the resort function including, but not limited to, convention space, meeting rooms, cultural facilities, receiving and delivery space, fire station, recreation administration, ski lifts, including gondola stations or towers. B. Set Back. No minimum except must be sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations, and flood plain of live streams. C. Maximum Building Heigh For the areas within Tract D depicted on Appendix F: 75 feet, except for chimneys. All other areas within the Village Core: 45 feet, except for architectural features such as chimneys, towers and steeples. D. Parking Requirement. Hotel, Lodges and Lock -offs Condominiums Commercial Space Restaurants 0.5 (1/2) space per hotel or lodge room and lock -off 1.0 space per unit 1.0 space per 1,000 sq. ft. 1.0 space per 10 seats ARROWHEAD AT VAIL 43 04/04/03 11:58 AM 0 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN Each specific parking requirement set forth above for any given project will carry any fractional value to the computation of the total parking requirement. Any fractional value in the total parking requirement for any given project will be rounded to the next highest integer. Parking will be provided on -site or on another site if approved by the owner of the other site. E. Densi . (1) Dwelling Units: Maximum of 260 dwelling units on Tracts C, D, E, F, and G combined. (2) Commercial Space: 56,000 GCFA total with the provision that until a lift or gondola connection from the Village Core area to a destination located to the north of the Village Core commences construction, only 34,000 sq.ft. of the allowable commercial space may be built. Upon commencement of construction of a lift or gondola connection the remaining allowable space may be built. Notwithstanding anything to the contrary contained herein, the total GCFA in all of Lower Bachelor Gulch Village shall not exceed 67,880 sq. ft. in the aggregate. 23. Lower Bachelor Gulch Village - Tracts H, I, J, K, L. M. N. O, Q, R S. T. V. - "MULTIPLE FAMILY /CLUSTER HOMES" A. Uses by Rim (1) Multiple - family, two - family, single - family and single family primary/secondary residential dwelling units. (2) Accessory structures. (3) Indoor and outdoor recreation activities, except equestrian use. (4) Interval ownership. [remainder of this page intentionally left blank] ARROWHEAD AT VAIL 44 04/04/03 11:58 AM 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN B. Density. Tract H: Maximum of 0 units Tract I: Maximum of 14 units Tract J: Maximum of 23 units Tract K: Maximum of 5 units Tract L: Maximum of 23 units Tract M: Maximum of 3 units Tract N: Maximum of 8 units Tract O : Maximum of 7 units Tract Q: Maximum of 46 units Tract R: Maximum of 5 units Tract S: Maximum of 6 units Tract T: Maximum of 9 units Tract V: Maximum of 0 units C. Parking. (1) Studio unit or one bedroom condominium: 1 space /unit (2) Multiple family unit of two or more bedrooms, up to 3,000 square feet in size: 1 1/2 spaces/unit (3) Multiple family unit of two or more bedrooms more than 3,000 square feet in size, and single family and duplex units: 2 spaces/unit. (4) Lock -off: 0.5 (1/2) space/lock -off D. Building Coverage Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 65 percent coverage by impervious materials. E. Maximum Building height. Thirty-five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback Requirements. Ten feet from main road right -of -way with respect to Tracts L, J. Q, R, S and T, and twenty feet from main road right -of way with respect to all other tracts designated "Multiple Family /Cluster Home ", and sufficient to accommodate utilities, drainage, access, and fire code regulations, provided, ARROWHEAD AT VAIL 45 04/04/03 11:58 AM 0 • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN however that non - habitable space, including but not limited to porte- cocheres, roof overhangs, above -grade balconies and retaining walls, may encroach into such setbacks.. 24. Lower Bachelor Gulch Village - Tract P - "COMMUNITY FACILITIES" A. Uses by Right. (1) Community buildings including without limitation a church, chapel, community park, and open space. (2) Parking. B. Building Coverage Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 65 percent coverage by impervious materials. C. Maximum Building Height. Forty-five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Setback Requirements. Twenty feet from main road right -of -way and sufficient to accommodate utilities, drainage, access, and fire code regulations. E. Parking. One space per 1,000 square feet of floor area used for seating or assembly, plus two spaces for caretaker's residence if constructed. F. Densily. One dwelling unit as caretaker facility. 25. Lower Bachelor Gulch Village Tracts W and U- "MOUNTAIN LODGES" A. Uses by Right. (1) Multiple - family, two - family, single - family, and single - family primary/secondary, including interval ownership. (2) Bed and breakfast. (3) Lodges and hotel rooms. (4) Accessory structures.. ARROWHEAD AT VAIL 46 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN (5) Indoor and outdoor recreation activities, except equestrian use. (6) Community buildings (7) Commercial uses. (8) Nursery and child care. B. Density. (1) Dwelling_ Units: Tract W: Maximum of 40 dwelling units Tract U: Maximum of 53 dwelling units (2) Commercial Space. Tract W: 5,500 sq. ft. GCFA, and Tract U: 5,500 sq. ft. GCFA. Notwithstanding anything to the contrary contained herein, the total GCFA in all of Lower Bachelor Gulch Village shall not exceed 67,880 sq. ft in the aggregate. C. Parking, (1) Studio unit or one bedroom condominium: 1 space /unit (2) Multiple family unit of two or more bedrooms, up to 3,000 square feet in size: 11/2 spaces /unit (3) Multiple family unit of two or more bedrooms more than 3,000 square feet in size, and single family and duplex units: 2 spacestunit. (4) Hotel, lodge and lock -off: 0.5 (1/2) space per hotel or lodge room. and lock -off (5) Restaurant: 1 space /10 seats. (6) Retail: 1 space/1,000 sq. ft. ARROWHEAD AT VAIL 47 04/04/03 11:58 AM a • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN D. Building Coverage Ratio. The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 65 percent coverage by impervious materials. E. Maximum Building Height. Forty-five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback requirements. There are no minimum setbacks for Eagle County review, except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations, and flood plain of live streams. More restrictive provisions may apply; consult Design Guidelines for specific provisions. 26. Lower Bachelor Gulch Village - Tract Y - "MOUNTAIN LODGES" A. Uses by Right. (1) Lodge units and multiple family. (2) Parking lots and parking structures, below and above grade, with or without fees. (3) Commercial space consistent with the needs of a year -round recreation resort; including, but not limited to, retail, restaurants and loungeshaverns, indoor recreation, and sales offices. (4) Interval ownership. B. Densi . (1) 78 units. (2) Maximum commercial space in lodge: 6,600 sq. $. GCFA. Notwithstanding anything to the contrary contained herein, the total GCFA in all of Lower Bachelor Village shall not exceed 67,880 in the aggregate. ARROWHEAD AT VAIL 48 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN C. Parking. (1) Studio unit or one bedroom condominium: 1 space /unit (2) Multiple family unit of two or more bedrooms, up to 3,000 square feet in size: 1 1/2 spaces/unit (3) Multiple family unit of two or more bedrooms more than 3,000 square feet in size, and single family and duplex units: 2 spaces/unit. (4) Lodge: 0.5 (1/2) space per room or unit. (5) Restaurant: 1 space per 10 seats. (6) Retail: 1 space per 1,000 sq.ft. (7) Office: 1 space per 400 sq. ft. (8) Services, maintenance, and recreation requirements are flexible. Services to be shown on Development Area Plans. (9) Lock-off: 0.5 (1/2) space per lock -off D. Maximum Building Height., Forty-five feet maximum for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions [remainder of this page intentionally left blank] ARROWHEAD AT VAIL 49 04/04/03 11:58 AM 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 27. Lower Bachelor Gulch - Lots 112 -115 "SINGLE FAMILY RESIDENTIAL" A. Permitted Uses:. (1) Single - family dwellings. (2) Ski trails and lifts. (3) Accessory structures. B. Setback All building improvements must be contained within the building envelope as shown on the Final Plat. C. Building Height. Thirty-five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Dens i . Maximum of 4 dwelling units. 28. Lower Bachelor Gulch Village -Lots 77 -111 "SINGLE FAMILY RESIDENTIAL" A. Permitted Uses:. (1) Single - family dwellings. (2) Ski trails and lifts. (3) Accessory structures. B. Setback All building improvements must be contained within the building envelope as shown on the Final Plat. C. Building Height. Thirty-five feet for Eagle County review for all lots except Lots 89 -93 which shall be restricted to 28' maximum. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Dens i . Maximum of 35 dwelling units. ARROWHEAD AT VAIL 50 04/04/03 11:58 AM AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 29. Lower Bachelor Gulch Village - Lots 48 -76 "SINGLE FAMILY PRIMARY /SECONDARY RESIDENTIAL" A. Permitted Uses. (1) Single - family dwellings (2) Single - fancily primary/secondary dwellings (3) Ski trails and lifts (4) Accessory structures B. Setback. All building improvements must be contained within the Building Envelope as shown on the Final Plat. C. Building Height. Thirty -five feet maximum for Eagle County review except lot 68 which shall be restricted to one story plus a "walk -out" basement level. More restrictive provisions may apply. Consult Design Guidelines for specific provisions. D. Densily. Maximum of 58 dwelling units. E. Building* Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 25 percent, or a total of 45 percent coverage by impervious materials. XII. EMPLOYEE HOUSING The number of employee housing units to be required as a condition of approval of the Arrowhead at Vail P.U.D. will be determined based on commercial and ski development within Arrowhead. The formula for estimating the employee housing requirements within Arrowhead at Vail is contained in Appendix E. More detailed documentation of the employee housing plan and requirements may be found in the "Arrowhead Preliminary Plan," August 31,1993. Arrowhead at Vail will provide direct employee housing assistance to house approximately 20 percent of the total employees working in the development. The first 34 units required to be developed to meet Arrowhead at Vail housing requirements, as calculated by the formula in Appendix E, shall be offset by credits obtained by Arrowhead at Vail's participation in the Lake Creek Development (Resolution #93 -77). Additional units may be required as a result of commercial or ski development that, measured through the formula in Appendix E, create employee housing demands that exceed the 34 units credit. Additional units in excess of the credits, should they be required, would be interspersed in Arrowhead at Vail or elsewhere in ARROWHEAD AT VAIL 51 04/04/03 11:58 AM 0 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN Eagle County. Units will be in a variety of sizes and price ranges to accommodate differing lifestyles and incomes. Formalized commitments to employee housing and construction will be phased according to schedules to be submitted at the time of filing final plats containing commercial uses or expanded ski development. XM. FIREPLACE AND WOOD STOVE CONTROL Definitions. A. Wood Burning g evice. An appliance or structure designed for or capable of burning wood, including a conventional open - hearth fireplace or wood stove. This does not include cookstoves, furnaces, or boilers. B. New Technology Device. A wood burning device that meets or exceeds the emissions standards for certification of Phase H appliances identified by the Environmental Protection Agency in Federal Regulation 40 CFR Part 60, as amended (this includes most pellet stoves). C. Common Areas. Areas associated with commercial or multiple family buildings which are intended for public gathering, such as lobbies, lounges, entries, patios, decks, etc. 2. Within Arrowhead At Vail The Requirements For Wood Burning Shall Be As Follows: A. One new technology device per dwelling unit in a single family and duplex dwelling units. An unlimited number of gas burning devices shall be permitted. B. Wood burning devices are not allowed in multiple family dwelling units. An unlimited number or gas burning devices shall be permitted. C. One new technology device is allowed in the common area of a building containing multiple family dwelling units. D. One new technology device per building containing commercial and industrial uses(s); or, alternatively, one conventional open -hearth fireplace per building which contains a lodge . use and must be placed within a common area. E. Buildings with wood burning devices in existence on the effective date of this regulation shall be allowed to replace existing wood burning devices with new technology devices. All existing wood burning devices shall be permitted to continue to be used unaffected by these regulations. ARROVMEAD AT VAIL 52 04/04/03 11:58 AM • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN XIV. INTERVAL OWNERSI[/THAFSHARE. 1. This Section XIV shall apply only to those portions of the Arrowhead PUD that were at any time platted as "Arrowhead" or "Arrowhead at Vail ". References in this Section XIV to "Arrowhead" or "Arrowhead at Vail" shall not include or apply to those portions of the Arrowhead PUD that are platted as or referred to as 'Bachelor Gulch Village ". This Section XIV does not apply to or have any effect in relation to those portions of the Arrowhead PUD that are platted as or referred to as 'Bachelor Gulch Village ". Permitted land uses or any restrictions on land use within or in regard to the Bachelor Gulch Village portion of the Arrowhead PUD shall be as provided for in sections of this PUD Guide other than this Section XIV. 2. Except as expressly permitted in subsection 5 below, no Dwelling Unit, Duplex Structure or Unit, Condominium, Cabin, Chalet, Lodge Unit, Studio Unit, Lot, Single Family Structure or Unit, Single Family Primary/Secondary Structure or Unit, Cluster Home or any other structure, as such terms may be used or defined within this Guide, within any property subject to this PUD that is platted as "Arrowhead" or "Arrowhead at Vail" (each, a "Unit ") shall be used: A. for the operation of a timesharing, fraction - sharing, interval ownership, or similar program whereby the right to exclusive use of a Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, or B. for the operation of a reservation or time -use system among co- Owners of a Unit, regardless of whether or not any co -Owner may later opt out of such system and regardless of whether the reservation or time -use system is recorded or unrecorded, fixed or floating, if one or more of the following conditions exist: (1) such system is adopted, imposed or managed by a party other than the co- Owners themselves, or (2) such Unit is publicly marketed for sale subject to such system, or (3) the co- Owners are or were required, as a condition of purchase of a fractional interest in the Unit, to subject the fractional interest to a pre- determined reservation or time -use system among co- Owners. (all of the foregoing uses, systems or programs of ownership are hereinafter called "Interval Ownership ") . 3. Mere co- ownership of a Unit shall not create an Interval Ownership as defined herein unless such co- ownership meets any of the conditions described in subsection 2 above. ARROWHEAD AT VAIL 53 04/04/03 11:58 AM 9 9 AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN 4. Any use of a Unit for Interval Ownership purposes in effect and existing at the time that this Section XIV is adopted and included within this PUD Guide shall be a "Nonconforming Use" as that term is defined in Article 2 of the Eagle County Land Use Regulations in effect at the time this Section XIV is adopted. It is the intent of this amendment to the PUD Guide to permit these Nonconforming Uses to continue, until they are removed but not to encourage their survival. Therefore, such Nonconforming Uses may continue in accordance with the provisions and limitations contained in Section 6 -110 of the Eagle County Land Use Regulations in effect at the time this Section XIV is adopted. 5. The intent of this Section XIV is to permit Interval Ownership use of Units within the Arrowhead Village Core as described in this subsection 5. Therefore, notwithstanding any other limitation contained in this Section XIV, Interval Ownership of an Unit shall be permitted on those certain properties within the Arrowhead PUD that are platted as "Arrowhead" or "Arrowhead at Vail" described below, whether or not specified as a "Use" or "Permitted Use" in the applicable development area. A. Lots 1, 2, 21, 32 and 35, and Tracts B, F and I, Arrowhead at Vail Filing No. 13; B. Tracts G and H, Dakota at Arrowhead Phase 3; C. Lot 1B, a resubdivision of Lot 1, Arrowhead at Vail Filing No. 12 (Seasons at Arrowhead Condominiums pursuant to the Declaration recorded August 15, 1989 in Book 511 at Page 638); D. Lot 14, First Amendment to Arrowhead at Vail Filing No. 13 (Buffalo Park Condominiums pursuant to the Declaration recorded November 13, 1991 in Book 566 at Page 824); E. Lot 23, Arrowhead at Vail Filing No. 13 - Fifth Amendment (Spruce Tree Lodge Condominiums pursuant to the Declaration recorded November 12, 1996 as Reception No. 607241); F. Lot 22B, Arrowhead at Vail Filing No. 13 - Sixth Amendment (Seasons/Village Garage Condominiums pursuant to the Declaration recorded August 27, 1997 as Reception No. 631527); G. Lot 29, Arrowhead at Vail Filing No. 13 - a Resubdivision of Lot 28 (Aspenwood Lodge Condominiums pursuant to the Declaration recorded May 18, 1998 as Reception No. 656712); ARROWHEAD AT VAIL 54 04/04/03 11:58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN H. Lot 30, Arrowhead at Vail Filing No. 13 - a Resubdivision of Lot 30 (Pinecone Lodge Condominiums pursuant to the Declaration recorded May 24, 1999, as Reception No. 696874); I. Lot 22, Arrowhead at Vail Filing No. 13 - Fifth Amendment (Village Townhomes at Arrowhead pursuant to the Declaration recorded April 29, 1997 as Reception No. 621472); Lot 28, Arrowhead at Vail Filing No. 13 - Tenth Amendment (Village Townhomes II at Arrowhead pursuant to the Declaration recorded September 28, 1998 as Reception No. 670916); K. Lot 31A, Arrowhead at Vail Filing No. 13, a Three- Dimensional Resubdivision of Lots 31 and 33 (The Village Townhomes at Arrowhead - Phase III pursuant to the Declaration recorded September 20, 2001, as Reception No. 767872); L. Lot 31B, Arrowhead at Vail Filing No. 13, a Three - Dimensional Resubdivision of Lots 31 and 33 (Village Townhomes - Phase III Garage Condominiums pursuant to the Declaration recorded September 20, 2001, as Reception No. 767874); M. Lot 34, Arrowhead at Vail Filing No. 13, a Resubdivision of Lot 34 and Tract I (Arrowhead Alpine Club Condominiums pursuant to the Declaration recorded February 7, 2000, as Reception No. 722105; and N. A portion of Tract G, Arrowhead at Vail Filing No. 13, as more particularly described on Appendix G attached hereto and incorporated herein by this reference. The properties described in paragraphs A through N of this subsection 5 are shown on Appendix H attached hereto and incorporated herein by this reference. XV. LOW POWER WIRELESS COMMUNICATIONS EQUIPMENT Structures and antennas necessary to broadcast telecommunications for voice, data or video with emitted power levels less than 36dBm (or such other levels as may be authorized by the Federal Communication Commission to be low power telecommunications) are permitted within all Development Areas with the prior written approval of the appropriate Design Review Committee ARROWHEAD AT VAIL - 55 04/04/03 11 :58 AM • • AMENDED AND RESTATED GUIDE ♦ PLANNED UNIT DEVELOPMENT PLAN XVI. RECORDING Upon approval by the Eagle County Board of County Commissioners, the PUD Plan will be recorded with the Clerk and Recorder of Eagle County, Colorado. XVII. ENFORCEMENT If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for the Board of County Commissioners of Eagle County, Colorado, or (i) with respect to areas other than Bachelor Gulch Village, the Arrowhead Association or the Arrowhead Design Review Committee or (ii) with respect to Bachelor Gulch Village, the Bachelor Gulch Village Association or the Bachelor Gulch Village Design Review Committee, to bring any proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, together with reasonable attorneys' fees, for such violations. XVIII. SEVERABII.ITY Invalidation of any one of the provisions of this instrument by court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. ARROWHEAD AT VAIL 56 04/04/03 11:58 AM APPENDIX A Calculation of Ski Area Parking Requirements Day Skiers = (Mountain Comfortable Capacity (at any point in time)) - (Dwelling Units Existing x 3 (persons /unit) x 85 % (skier use from within Arrowhead on any given day) Day Skiers/ 3 Persons Per Car = Day skier parking required Mountain Employee Parking = Employees on any day/ 1.1 persons per car Day Skier + Mountain Employee Parking = Ski Area Required Parking 0 .0 I EE I M i I73 72 71 T c C - _— D 11 Raid -4 Maintmmxe, Service, Smmm Pin E 10 Ra lial F 17 IS 26 Residrn S G I8 Residential S H 15 Residential H I6 RcskW . S H 21 Resid mtw 1 I5 Residential 21 ReddentW Park 10 11 I IS and 20 Golf Coorse R—K Space V Arrohead Momttain 13 Rtmatios 21 Residential 27 Reside Wd. Opm Sm., Reuation The DereWpn= Areas ate mvped and lahekd m the sashed PUD Map, Appendix B. a put of the pUD Pim. BACHELOR GULCH *Opw Space Re adon VILLAGE Traps A,B.0 XZ.MDD, J. &S�Wiimife urd )DC Tma EE, FF Traps D. F. F,O MWd* Fna0yA I=a Homes Traps H, l t. K L. M. - Maatain Ledgm .. Tmp W U Y,YY Cmmmmky FacWtin Tract P Family RcrW mW Low 77 -111, Los 112-115 _ 5 SmBle Fw* Ftimo7'/Seoondaty Rnidadlal Los48 -76 . R 0 0 APPENDIX C jiwHPLA5 op: Prv-m 7'77l:) 46:.� -off U/V(7- • APPENDIX D ARROWHEAD AT VAII, SIGNAGE GUIDELINES Purpose: • 1) To create a unified comprehensive sign program which establishes a community identity and aids in the location and identification of public and private signage. 2) To create a style and mood for the community and to orient visitors and residents. Applicability: The provisions of this section shall apply to all public and private signage greater than 6 square feet. Signage less than 6 square feet does not require a county sign permit but does require approval by the Arrowhead at Vail Design Review Committee. All public, private and commercial signage shall conform to the Eagle County Sign Code except where specific deviation is permitted by Section H of this document. All signage within the Arrowhead at Vail development shall meet size, shape, color and letter style specifications established by the Arrowhead at Vail Design Review Committee. Public signage shall meet the requirements outlined in "The Village at Arrowhead Signage - Revised" and shall be consistent with the Manual of Uniform Traffic Control Devices (M.U.T.C.D.). Administrative Review: Application for a sign permit shall be made to the Arrowhead Design Review Committee. Following Arrowhead approval, sign permit applications shall be submitted to the County Sign Administrator. All sign permit application shall include two copies of a scaled drawing which depicts the sign. The drawing should show height, size, material, construction and location in relation to buildings, setbacks, property lines and landscape features. All fees will be assessed by Eagle County at the time of application to the County based upon the current County fee schedule. I. PUBLIC AND INFORMATION SIGNAGE Sign Allowances: 1) Major Entry Signs: The central entrance (Arrowhead Drive/ Highway 6) - 2 development identification signs - Not to exceed 32 square feet each, wall mounted with the length of the wall to be determined based upon specific site plans. 0 2) Minor Entrance Signs: • Four Minor Entrances - Not to exceed 32 square feet per intersection and 8 feet in height. This signage is to identify the subdivision (i.e. Logo), and give directional information. 3) Major Directional Signs: Appropriate intersection signage identifying and giving direction to Arrowhead Village, parking, The Country Club of the Rockies, and future recreational uses within the Arrowhead development not to exceed 24 square feet and 8 feet in height. 4) Minor Directional Signs: Not to exceed 4 square feet, and 5 feet in height. This signage shall match the style of the major directional signs to create a unified look. 5) Street Signs: These signs are to be at each intersection and shall be either metal reflective signs matching the style of the regulatory signage, or square based pilasters not to exceed 3 foot on a side with a height not to exceed 4 feet. Appropriate information signage and lighting shall be incorporated into the pilaster design. These signs shall be placed in a consistent location relative to rights of way. 6) Regulatory Signs: These signs shall be located by Arrowhead at Vail as per regulatory standards. They shall be standard metal reflective signs mounted on wood posts as per "The Village at Arrowhead Signage - revised 5/31/89 ". 7) Information Signage Information signage permitted on each lot is required to conform to Eagle County sign requirements and to any signage requirements for the particular filing adopted by the Design Review committee. Information signs should not exceed 24 square feet or 8 feet in height. A maximum of two information signs per lot are permitted, provided however, if one lot has only one sign, additional signs can be aggregated on other lots or in the public right of way adjacent to the lots in the 13th Filing so long as the total number of information signs within the filing or adjacent to the filing does not exceed the equivalent of two signs per lot. i 11. VILLAGE SIGNAGE All signage in the 13th Filing shall be in conformance with signage requirements of Eagle County, and developers of lots in the 13th Filing are responsible for obtaining necessary sign permits as required from the county. In addition, the following sign guidelines apply: A. Building Identification Signs Only two building identification signs for each lot are allowed. Identification signs must be attached to the building or to an approved wall. Building identification signs may be illuminated, however all light sources should be concealed from direct view. Sign letters or components shall not utilize exposed neon. The maximum allowed square footage for building identification signage shall not exceed 15 square feet each. B. Commercial Storefront Signs Signs on commercial storefronts advertising the storefront use may be diverse. Flat signs, window signs, and hanging signs are all appropriate. Hanging signs must maintain at least 10 feet of clearance, and may not project over three feet from the face of the storefront. All signs except window signs should be attached to the building at a signage band provided for that purpose. Letter size should not exceed 12 inches. Unlighted signage is encouraged for commercial storefronts. If signs are lighted, they should be lighted from an external light source - unless otherwise approved by the Design Review Committee. Individual store front signage may not exceed a total of 30 square feet, with individual signs not exceeding 15 square feet. Any temporary displays or banners must be approved by the Design Review Board. C. Free Standing Commercial Signs Free standing commercial signs are permitted as approved by the Arrowhead at Vail Design Review Committee. A maximum of one free standing commercial sign per two lots in Filing 13 is permitted. These signs can not exceed 24 square feet in area and 8 feet in height. D. General Sign Restrictions The following types of signs or sign components are prohibited in the 13th Filing: 1. Roof signs. 2. Moving or flashing signs. 3. Paper or cardboard signs, stickers or decals hung around, on or behind glass doors and/ or windows. 4. Signs with exposed raceways, ballast boxes, or transformers. 5. Sign manufacturers names, stamps, or decals. 6. Signs employing unedged or uncapped plastic letters or letters with no returns and exposed fasteners. III. RESIDENTIAL SIGNAGE Within residential developments one sign per development entrance is permitted to identify the name of an individual housing cluster or development area. It must be located on a private lot with sufficient setback development area. It must be located on a private lot with sufficient setback from an intersection as to not obscure critical intersection sight lines. Address identification signs for each residence in Arrowhead at Vail are required. See the Design Review Committee Colors and Material Board for graphic standards applicable to the lot numbers. A. Construction Signs Construction signs listing contractors and designers will follow a standardized format which includes size, color, material, mounting and letter specifications as established by the Arrowhead at Vail Design Review Committee. These signs shall be located centrally on the lot with a minimum of a 10 foot setback from any lot line and will not exceed 16 square feet in area or 8 feet in height. Construction signs do not require an Eagle County Sign Permit but must meet the requirements established by the Arrowhead at Vail Design Review Committee. Construction signage shall be present on a site for the duration of the construction or 18 months (whichever is less), unless Design Review Committee approval has been granted for an extension. • APPENDIX E The Arrmhead at Vail Affordable Housing Calculation Formula Arrowhead at Vail will house 20 percent of the permanent employees within Arrowhead at Vail as calculated through the formula described in more detail below. In the calculations, a dwelling unit requirement will be determined as follows: Employees (as calculated below) x .20 + 2.5 persons per unit = required dwelling units. Projections of future employment are based upon an analysis of the likely development and. "use" patterns at Arrowhead at' Vail, and on research of employment levels in a number of resort communities where employment was measured by land use type. This research resulted in suggested ranges of employment (persons) that can be anticipated to result from developing a particular land use (i.e. restaurants, retail, offices, etc.). These ratios are the basis for the estimates that will be used to determine housing requirements at Arrowhead at Vail. SUGGESTED EMPLOYMENT CATEGORIES AND RANGES FOR ARROWHEAD EXPRESSED AS EMPLOYEES PER 1,000 SQUARE FEET UNLESS OTHERWISE INDICATED EMPLOYMENT CATEGORY SUGGESTED RANGE Maintenance Buildings/ Storage Areas 2 per 1000 sq. ft. Office: Real Estate 6 per 1000 sq. ft. Office: Financial 2.5 per 1000 sq. ft. Office: Professional/ Other 5 per 1000 sq. ft. Conference/ Meeting Space 1 per 1000 sq. ft. Restaurant/ Bar 5 per 1000 sq. ft. Retail and Service Commercial 3 per 1000 sq. ft. Retail: Grocery/ Liquor/ Convenience Resort Hotel Retail 3 per 1000 sq.. ft. 3 per 1000 sq. ft. Resort Hotel/ Lodge Units 1 per 2 rooms Interval Ownership Units* Studio/ Condominium Lock -off Units ** 0.0676 per unit 0.0676 per unit Health Club 1 per 1000 sq. ft. • Ski Operations - Seven persons at present, expected to increase to 12 full-time. • Country Club of the Rockies * * * - 34 persons (up to 45 summer -only employees are also hired. They are not counted in the totals because the Arrowhead employment peak is reached in winter rather than summer). * Only Interval Ownership units developed in Lower Bachelor Gulch Village in Tract Y and. Tracts H, I, J, K, L, M, N, O, Q, R, S, T, V (or any resubdivision thereof) will be required to comply with this • Affordable Housing Calculation Formula. Such compliance will be required at the time of building permit. ** Studio units ( but not studio units containing a kitchen) and condominium lock -off units ( but not that portion of the condominium containing a kitchen) that are developed in Lower Bachelor Gulch Village will comply with the Affordable Housing Calculation Formula. Such compliance will be required at the time of building permit. * ** Note that the Country Club is now under separate ownership, but the employment at the Club has been a part of previous formulae. Shaded area is area in which maximum building height of 75' is permitted. 75' BUILDING HEIGHT Z TRACT C SCALE: 1" _ 3--)0' APPENDIX F 75' BUILDING HEIGHTS IN VILLAGE CORE - TRACT D RADIUS -50.00 LENGTH -26.70 DELTA - 305'37' TANGENT -13.68 BOOK NP 7hk1 —_ — — ARROWHEAD CIRCLE TRACT I y \ LOT 2 \ I \ AND DESCRIPTION A parcel of land located in Tract G according �o The above described parcel of land more or less. Dana B. Spigen State of Colorc PLS No. 33655 contains 0.491 acres \ \ \ LOT 1 \\ e \ .y ••• J� POINT OF BEGINNING JQ NORTHWEST CORNER �•••••••• �j TRACT G N� ql LAND NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS EXHIBIT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS EXHIBIT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. Julf 542W SHEET 1 OF 1 2: \dwg \orrowheod \84200 _8ROKEN ARROW_exhibit.dwg TRACT G ° A'i ra r U a EDWARDS 6USMESS CENTER P.O. BOX 97 $ EDWARDS. COLORADO 81932 • (970) 926 -3373 FAX (970) 926 -3390 �, \ DESCRIBED PARCEL to the Amended Final Plat, Arrowhead at Vail, Filing No. 13, A Resubdivlsion of Lot 26, Lot 27, a$ \ N� \ 0.491 ACRES Tract H. and Tract G, Reception No. 725632, Public Records of Eagle County, Colorado. Said \ parcel being more particularly described by W. \ metes and bounds as follows: -+ \ Beginning at the Northwest corner of said \ Tract G; thence along the northerly line of said Z \ Tract G the following three (3) courses and \ distances; 1) N73'42'34 "E, a distance of 189.00 feet; ,� \ 2) N25'11'53 "E, a distance of 49.52 feet; rc \ 3 26.70 feet along the arc of a non — tangent G \ curve to the left having o radius of 50.00 feet; \ a central angle of 30'35'37" and a chord which bears S80'06 19 "E, 26.38 feet; thence along the easterly line of a (20' wide) waterline easement TRACT B \ n \\ recorded in Book 477 at Page 722, S05'09'29 "W, o distance of 156.12 feet; thence departing said \ line West, a distance of 196.28 feet to intersect /� the West line of said Tract G; thence along said \ line N16'17'26 "W, a distance of 64.79 feet to the $ \ Point of Beginning. \ The above described parcel of land more or less. Dana B. Spigen State of Colorc PLS No. 33655 contains 0.491 acres \ \ \ LOT 1 \\ e \ .y ••• J� POINT OF BEGINNING JQ NORTHWEST CORNER �•••••••• �j TRACT G N� ql LAND NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS EXHIBIT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS EXHIBIT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. Julf 542W SHEET 1 OF 1 2: \dwg \orrowheod \84200 _8ROKEN ARROW_exhibit.dwg TRACT G ° A'i ra r U a EDWARDS 6USMESS CENTER P.O. BOX 97 $ EDWARDS. COLORADO 81932 • (970) 926 -3373 FAX (970) 926 -3390 a