HomeMy WebLinkAboutR18-086 Approval of an Amendment to the Fox Hollow PUD File No. PDA-7059 and ZC-7058 Eagle County, CO 201818195
Regina O'Brien 10/23/2018
Pgs: 68 04:05:04 PM
REC: $0.00
DOC: $0.00
Commissioner l0� moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
/" n
RESOLUTION NO.2018- 0lD
RESOLUTION APPROVING AN AMENDMENT TO THE
FOX HOLLOW PUD
FILE NO.PDA-7059 and ZC-7058
WHEREAS, by Eagle County Resolution 2005-125, the Board of County
Commissioners (the "Board") approved the original Fox Hollow Planned Unit Development
("Fox Hollow PUD") which Resolution is recorded in the records of the Eagle County Clerk and
Recorder at Reception No. 934772. The Fox Hollow PUD Guide sets forth the restrictions and
requirements for development of the real property located in unincorporated Eagle County, more
particularly described as follows: Lots 1-4,Tract A and B, Fox Hollow Subdivision, according to
the plat recorded April 28, 2006 at Reception No. 200610925, County of Eagle, State of
Colorado(the"Property"), and:
WHEREAS, on or about July 17, 2017,the County of Eagle, State of Colorado, accepted
an application submitted by Populace Development, LLC, Fox Hollow, LLC, and C&C
Ventures, LLC (hereinafter collectively referred to as"Applicant")requesting amendment to the
Fox Hollow PUD (the "PUD Amendment") and approval of a Zone Change for incorporation of
a 1.52 acre parcel, more particularly described on the attached Exhibit A, into the PUD and the
development of 87 new dwelling units. The site plan for the PUD Amendment is attached as
Attachment 2 to the Fox Hollow PUD Guide, and;
WHEREAS, the proposed PUD Amendment seeks changes in density allowances,
dimensional limitations, and allowed uses for the Property, summarized as follows:
Elements 2009 Approved Fox Hollow 2018 Fox Hollow PUD
PUD zone district and the
RSL Zone District
Total Land Area 4.53 acres 6.05 acres
Commercial Square Footage 20,500 square feet 2,297 square feet
Total Residential Units 28 Units 105 Units
Total Impervious Area 35% for RSL, 55% for Lot 2, 80%
55%for Lot 3, 0% for Tract B
Total Floor Area Ratio 30% for Lot 2, 40% for Lot 3, 85%
0% for Tract B (Existing Fox
Hollow PUD
Front Setback-Arterial Street 50 feet 25 feet
Front Setback-Local Street 25 feet 10 feet
Side Setback A range between 12.5'to 20 feet 10 feet
Rear Setback A range between 12.5'to 17 feet 10 feet
• 35 feet for RSL Zone
District (Existing Zoning
on C&C Ventures)
• 27 feet for Lot 2
• 30 feet for Lot 3
Building Height 36 feet to 48 feet
• 0 feet for Tract B because
no enclosed facilities are
allowed on this Tract per
the existing Fox Hollow
PUD.
Total Floor Area Ratio - C&C
Ventures Parcel
20% for RSL (Existing Zoning) 60%
Total Floor Area Ratio - Existing 30% for Lot 2, 40% for Lot 3,
Fox Hollow PUD Parcels: Lot 2, 0% for Tract B (Existing Fox 85%
Lot 3, and Tract B Hollow PUD)
25% of the entire Fox Hollow
Open Space Recommendation PUD 24.3%
35% for RSL, 55% for Lot 2,
Total Impervious Coverage Ratio 75%
55%for Lot 3, 0%for Tract B
2
•
22.9 du/acre
6.2 du/acre (87 du/ 3.795 Acres -
Density of Residential
(28 du/4.53 Acres) acreage of the PUD
Amendment)
4,635 SF/Acre 0 SF/Acre
Intensity of Commercial
(21,000 SF/4.53 acres) (0 SF/3.795 acres)
Established Total Floor Area 52,000 SF 98,845 SF
WHEREAS, notice of the proposed PUD Amendment and Zone Change was given to all
proper agencies and departments as required by the Eagle County Land Use Regulations
(hereinafter the"ECLURs"), Section 5-210.E, and;
WHEREAS, at its public hearing held on August 15, 2018, the Eagle County Planning
Commission ("Planning Commission"), based upon its findings, voted unanimously to
recommend approval, with conditions, of the proposed PUD Amendment and Zone Change to
the Board, and;
WHEREAS, at its public hearing held on September 11, 2018, the Board, considered
the proposed PUD Amendment, Zone Change, associated plans, the statements and concerns of
the Applicant, the Eagle County Community Development Department, Engineering staff, other
interested persons, and the recommendation of the Planning Commission, and;
WHEREAS, based on the evidence,testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County
Community Development Department, comments of public officials and agencies, the
recommendations of the Planning Commission, and comments from all interested parties, the
Board voted unanimously to approve the Zone Change and the PUD Amendment, with
conditions as listed herein, and finds as follows:
THAT, the PUD Amendment meets the standards in ECLURs, Section 5-240.F3.m.
Standards for Amendment to Preliminary Plan for PUD, as set forth below:
(1) Modification. The modification of the Fox Hollow PUD IS consistent with the
efficient development and preservation of the entire PUD because the architecture, site layout,
and density is generally consistent with surrounding land use and recent approvals along the
3
•
HWY 6 corridor; and
(2) Adjacent Properties. The PUD Amendment DOES NOT affect, in a substantially
adverse manner, either the enjoyment of land abutting upon or across a street from the PUD or
public interest because the design, layout, and density of the PUD is compatible with the
surrounding land uses and other approved residential projects in this area due to the scale and
architecture being proposed and because the Applicant has included active open space to the
maximum extent possible while providing a viable project containing workforce housing.
(3) Benefit. The PUD Amendment IS NOT granted solely to confer a special benefit
upon any person because the affordable housing units provided as part of the PUD Amendment
will benefit the entire community.
(4) Amendment.The proposed PUD Amendment will not extend the vesting period of
the PUD, as the Fox Hollow PUD was approved in 2005. This Amendment does not reset the
vesting period.
THAT, the Board further finds that the PUD Amendment meets the standards in ECLUR
Section 5-240.F.3.e, Standards for review of a Sketch Plan and Preliminary Plan for a PUD:
(1) Unified ownership or control. The title to all land that is part of a PUD IS owned or
controlled by one (1) person. A person shall be considered to control all lands in the PUD either through
ownership or by written consent of all owners of the land that they will be subject to the conditions and
standards of the PUD. The Fox Hollow PUD parcels are owned by Evelyn Pinney and she has given
permission for Pylman & Associates, Inc. to act on her behalf to process a PUD Amendment.The C&C
Parcel is owned by Charlie Alexander and he has provided permission for Pylman & Associates, Inc. to
act on his behalf for a Zone Change and a PUD Amendment.
(2) Uses. The uses that may be developed in the PUD ARE those uses that are
designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table
3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320,
"Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in
effect for the property at the time of the application for PUD. The proposed use is residential in
nature and residential uses ARE allowed in the underlying PUD and Residential Suburban Low
Density("RSL")zone districts.
4
(3) Dimensional Limitations. The dimensional limitations that shall apply to the
PUD ARE those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone
district designation in effect for the property at the time of the application for PUD. The zone
district in effect for the existing property is PUD and the zone district designation in effect for
the 1.52 acre parcel being added to the PUD is RSL. Variations to the dimensional limitations in
the original Fox Hollow PUD Guide and in the RSL zone district were requested and HAVE
BEEN authorized pursuant to Section 5-240 F.3.f., Variations Authorized, to allow the
Applicants to achieve desired design qualities. The approved variations leave adequate distance
between buildings for necessary access and fire protection, and ensure proper ventilation, light,
air and snowmelt between buildings. The approved Variations Table is attached as hereto as
Exhibit D.
(4) Off-Street Parking and Loading. Off-street parking and loading provided in the PUD
DOES comply with the standards of Article 4, Division 1, Off-Street Parking and Loading
Standards. However, the Applicant requested and the Board approved variations from a number
of parking standards, including the minimum parking space requirements for 1, 2 and 3 bedroom
dwelling units because the Applicants demonstrated that the actual needs of residents, guests and
employees of the proposed PUD Amendment will be less than those set by Article 4, Division 1,
Off-Street Parking and Loading Standards. The Board approved a reduction of 35 spaces; a
16.3% reduction from the number of spaces required by the ECLURs based, in part, on the
Applicant's parking management plan. The approved parking management plan is attached to
the Fox Hollow PUD Guide as Attachment 4. The Board additionally relied on the Applicant's
representations that many residents, guests and employees will utilize the ECO Transit service.
There is an Eastbound and Westbound ECO Transit Highway 6 bus stop within 1,200 feet of the
Fox Hollow PUD and a non-continuous walking path to these stops. The Applicant also
requested and was granted a variation from ECLUR Section 4-620.D.5.a, which prohibits
on-street parking. The Board approved construction of 14 on-street public parking spaces on the
section of Murray Road west of Fox Hollow Drive to be constructed by the Applicants. These
spaces will be maintained and repaired by the Residences at Fox Hollow Homeowners
Association. The Fox Hollow parking management plan includes requirements for installation of
signage and enforcement (limits on parking in excess of 24-hours continuous use; and details for
parking limits to allow for snow removal).
(5) Landscaping. Landscaping provided in the PUD DOES comply with the
standards of Article 4, Division 2, Landscaping and Illumination Standards. The Final
Landscape Plan, which will be provided with the submission of the Final Plat, directly correlates
5
with the development's drainage plan and other site plan base information.
(6) Signs. It has been demonstrated that the signage associated with the PUD will
comply with the standards identified within the amended PUD Guide (Exhibit B) and the
standards contained in ECLURs Article 4, Division 3, Sign Regulations.
(7) Adequate Facilities. The Applicant HAS demonstrated that the development
proposed in the PUD will be provided adequate facilities for potable water supply, sewage
disposal, solid waste disposal, electrical supply, fire protection and roads and will be
conveniently located in relation to schools, police and fire protection, and emergency medical
services, adjacent utilities are sufficient to accommodate the PUD, and are located at multiple
connection points within close proximity of the project. The service providers are Upper Eagle
Water Authority/ERWSD (water and sewer) Black Hills Energy Corporation (natural gas) Holy
Cross Energy (electric) and CenturyTel/CenturyLink (telecom). Eagle County School District
requested that the Applicant provide cash-in-lieu as opposed to land to fulfill the required school
dedication(Article 4 of the ECLUR).
(8) Improvements. The improvements standards applicable to the PUD ARE as
specified in Article 4, Division 6, Improvements Standards. Provided, however, portions of the
development WILL deviate from the County's road standards, so the development achieves
greater efficiency of infrastructure design and installation through clustered or compact forms of
development. Variations to certain improvement standards were approved by the Board, as set
forth on Exhibit D, including (1) reduced width of the two-way internal roadway [from 24 feet to
20 feet] (2) reduced curb width [from 24 inches to 18 inches] and the (3) intersection radii
requirement reduced [from 20 feet to 12.5 feet]. The Applicant demonstrated that the variations
allowed for safe efficient access to all areas of the proposed development; a logical safe and
convenient system for pedestrian access; access by emergency vehicles; smooth traffic flow; and
adequate snow storage. According to the State Highway Access Category Assignment Schedule,
the segment of US Highway 6 along the subject property is classified as NRA (or Non-Rural
Principal Highway). The Applicant has provided letters from emergency service providers
demonstrating access, and internal circulation.
(9) Compatibility with Surrounding Land Uses. The PUD IS generally compatible
with the existing and currently permissible future uses of adjacent land and other lands, services
or infrastructure improvements that may be substantially impacted. The design, layout, and
density of the PUD is compatible with the surrounding land uses and other approved projects in
6
this area due to the scale and architecture being proposed.
(10) Conformance with Comprehensive Plan. The PUD IS in substantial
conformance with the Eagle County Comprehensive Plan, the Edwards Area Community Plan,
and other applicable ancillary County adopted documents pertaining to natural resource
protection, affordable housing and infrastructure management. The Edwards Community Area
Plan indicates this area is appropriate for redevelopment and the Applicant has redesigned the
project to provide the maximum amount of open space while providing affordable housing units
to exceed the Eagle County Housing Guidelines.
(11) Phasing. The Preliminary Plan for PUD DOES not include a phasing plan for the
development.
(12) Common Recreation and Open Space. The PUD DOES comply with the
common recreation and open space standards because the PUD Amendment includes several
small open space areas that cumulatively meet the recommendation in the ECLURs that a
minimum of 25% of the PUD be devoted to open air recreation or other usable open space.
Instead of one large parcel for open space, as currently provided within the existing Fox Hollow
PUD, a variation was granted to split up the open areas into small, inactive parcels within the
proposed development. However, cumulatively, these small open areas meet a minimum of 25%
open space. Although the PUD Amendment includes a drainage pond and small strips of land
between retaining walls as open space, the Applicant has redesigned the site to provide the
greatest amount of usable/active open space as practicable for the density of affordable housing
proposed.
(13) Natural Resource Protection. The PUD DOES consider the recommendations
made by the applicable analysis documents, as well as the recommendations of referral agencies
as specified in Article 4, Division 4, Natural Resource Protection Standards, including
recommendations of the Colorado Geological Survey to mitigate the identified rockfall hazard
area on the south side of the property by building a rockfall fence.
THAT, the request for a rezoning of the adjacent 1.52 acre parcel from RSL to PUD
meets the standards in ECLURs, Section 5-230.D. Standards for Zone Change, as set forth
below:
7
1) Conformance with the Comprehensive Plan. The proposed change in zoning IS in
substantial conformance with the purposes, intents, goals and policies of the Comprehensive
Plan, the Edwards Community Area Master Plan and the Eagle County Affordable Housing
Guidelines. The Edwards Community Area Plan indicates this area is appropriate for
redevelopment, and the Applicant has redesigned the project to provide the maximum amount of
open space, while providing affordable housing units to exceed the Housing Guidelines.
2) Compatible with Surrounding Uses. The proposed change in zoning IS compatible
with the type, intensity, character and scale of existing and permissible land uses surrounding the
subject property and other approved projects in the area given the scale and architecture of the
proposed project.
3) Public Benefit. The proposed change in zoning DOES ADDRESS demonstrated
community needs or otherwise result in one or more particular public benefits that offset the
impacts of the proposed uses requested based on the affordable local resident housing provided
by the Applicant with this PUD Amendment. The Applicant is providing affordable housing
above the recommended mitigation in the County's Affordable Housing Guidelines. The
approved Housing Plan for the Residences at Fox Hollow includes price-capped deed restrictions
on four (4)one-bedroom homes and Resident Occupied(RO) deed restrictions on thirty-two (32)
homes. This equates to over 40% of the units with some form of Eagle County deed restriction.
The RO deed restrictions will be applied to four (4) one-bedroom homes, seventeen (17)
two-bedroom units, and eleven (11) three-bedroom units. There is a demonstrable community
need for this type of housing in Eagle County, based upon a recent housing study; and it is a
public benefit to the community.
4) Change of Circumstances. The proposed change in zoning DOES ADDRESS or
respond to a beneficial material change that has occurred to the immediate neighborhood or to
the greater Eagle County community.The adjacent parcel to be incorporated into the Fox Hollow
PUD will be rezoned from RSL to PUD. It is located in an area of western Edwards, which in
the recent past was primarily comprised of mixed-use development. However, this area has
evolved into higher densities and more diverse uses than is indicated by the existing zoning. Fox
Hollow (Habitat housing) Edwards Design & Craft Center, 6 West, Stillwater and two large
churches have been built or approved in the general area, along with some small-scale
commercial uses. The rezoning of the adjacent parcel from RSL to PUD addresses and responds
to these changes in the neighborhood because the design, and layout, of the project will allow for
8
greater density and more diverse use of the property, making the project compatible with the
surrounding land uses/approved projects.
5) Adequate Infrastructure. The property subject to the proposed change in zoning
WILL BE served by adequate roads, water, sewer and other public use facilities, he adjacent
utilities are sufficient to accommodate the PUD Amendment and are located at multiple
connection points within close proximity of the project. The service providers are Upper Eagle
Water Authority/ERWSD (water and sewer) Black Hills Energy Corporation (natural gas) Holy
Cross Energy (electric) and CenturyTel/CenturyLink (telecom). Eagle County School District
requested that the developer provide cash-in-lieu as opposed to land to fulfill the required school
dedication (Article 4 of the ECLUR).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, Eagle County File No. PDA-7059 and ZC-7058, application for the PUD
Amendment and Zone Change described herein, is hereby approved.
THAT the Amended Fox Hollow PUD Agreement, attached hereto as Exhibit B. and
incorporated herein by this reference, is hereby approved.
THAT the Amended Fox Hollow PUD Guide, attached hereto as Exhibit C with five (5)
Attachments, and incorporated herein by this reference, is hereby approved.
THAT, the Table of Variances attached hereto as Exhibit D, and incorporated herein by
this reference, is hereby approved.
THAT,the approvals set forth herein are conditioned upon the following:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public meeting
shall be adhered to and considered conditions of approval;
2. Fees-in-lieu of school land dedication are required to be paid upon approval of the
Final Plat for the Fox Hollow PUD. The amount of fees-in-lieu shall be
determined in accordance with the ECLURs and based upon a Summary
Appraisal Report dated no more than six months prior to application for the Final
Plat associated with the PUD Amendment.
9
3. The Applicant shall submit complete designs for roadways and sidewalks within
Fox Hollow PUD with the submission of the application for the Final Plat for the
Fox Hollow PUD;
4. A Subdivision and Off-Site Improvements Agreement (the "SIA") shall be
executed at the time of approval of the Final Plat for the Fox Hollow PUD to
cover work associated with the public improvements for Fox Hollow PUD,
including Highway 6 roadway improvements as indicated in the CDOT access
permit application, the asphalt sidewalk along the frontage of the PUD property
(from the east Interfaith Church property line to the west CenturyTel property
line), installation of fire hydrants to serve the PUD, stormwater improvements,
playground equipment, and landscaping within the PUD. The Highway 6
roadway improvements as indicated in the CDOT access permit application shall
be completed prior to the issuance of the first Temporary Certificate of
Occupancy ("TCO") for the PUD, and all other public improvements shall be
completed prior to the last TCO. The Applicant/Developer shall provide collateral
in the form of a letter of credit acceptable to the County Attorney's Office in an
amount no less than one hundred (100) percent of the current estimated cost of
said public improvements as set forth in the Eagle County Land Use Regulations
Section 5-280.B.5.e. The Applicant/Developer shall also provide a guarantee of
no less than one hundred and twenty-five (125) percent of the current estimated
cost of the landscaping improvements, and a landscape plan, estimate, and
construction schedule all stamped and signed by a Professional Engineer, to
ensure the installation of all landscaping is shown and to ensure the continued
maintenance and replacement of that landscaping for a period of two (2) years
after installation. The collateral described herein shall be provided at the time of
execution of the SIA;
5. Prior to submission of the application for the Final Plat for the Fox Hollow PUD,
the Applicant shall obtain an ability to serve letter from ERWSD;
6. The Applicant shall comply with the recommended conditions of the Colorado
Geological Survey Referral Letter dated, November 22, 2017, attached hereto as
Exhibit E. prior to the issuance of any building permits for the PUD, except that
the Applicant shall provide an updated geotechnical report and perform rockfall
10
mitigation measures prior to issuance of any TCO for the PUD;
7. The Applicant/Developer shall be responsible for the installation of, and the
Residences at Fox Hollow Homeowners Association shall be responsible for all
maintenance, repair and replacement of the segment of Murray Road west of Fox
Hollow Drive and the associated 14 on-street public parking spaces. This segment
of Murray Road shall be dedicated to the public. The terms of the maintenance
responsibility will be identified in the SIA as well as in a general note on the Final
Plat;
8. The Applicant/Developer shall be responsible for the installation of, and the Fox
Hollow PUD Homeowners Association shall be responsible for all maintenance,
repair and replacement of all trails and sidewalks associated with the Fox Hollow
PUD, including all internal sidewalks, the sidewalks on both sides of Murray
Road and the asphalt sidewalk along the frontage of the PUD property (from the
east Interfaith Church property line to the west CenturyTel property line). These
trails and sidewalks shall be available for use by the public at all times;
9. Upon submission of the application for the Final Plat for the Fox Hollow PUD,
the Applicant shall provide the County with the final Landscape Plan, directly
correlated with the PUD's site and drainage plans/features;
10. Upon submission of the application for the Final Plat for the Fox Hollow PUD
the Applicant shall provide the County with the Final Drainage Report;
11. Prior to the issuance of any TCO for the PUD, the Applicant shall provide the
Engineering Department with a copy of the approved CDOT Access Permit for
the Fox Hollow PUD and all improvements required by the Access Permit shall
have been completed and accepted by CDOT;
12. The Applicant/Developer shall record deed restrictions in a form approved by the
Eagle County Housing Department restricting 32 of the residential units within
the PUD as Resident Occupied units (which must be sold in accordance with the
Eagle County Affordable Housing Guidelines, as may be amended from time to
time, and the Eagle County Affordable Housing Guidelines: Administrative
Procedures, as may be amended from time to time)and restricting 4 one-bedroom
11
units as Price Capped units. The initial sales price of the 4 Price capped units will
be set at prices affordable to household earning 100%AMI. The applicable deed
restrictions shall be recorded immediately following the recording of each
condominium map for the PUD. The deed restrictions shall be first and prior to
any and all interest in, lien upon or obligation recorded of record against the PUD
property;
13. A parking plan, landscaping plan, and circulation plan shall be developed and
submitted as part of the Site Specific Development Plan applications for Lots 2
and 3;
14. Soils Analyses are required at building permit for each building site in order to
obtain site-specific information regarding soil engineering properties;
15. A Dust Suppression Plan must be prepared by the applicant and approved by the
Eagle County Environmental Health Department prior to obtaining a grading
permit. The plan shall be kept onsite and implemented at all times during
construction. The plan must identify who can be contacted immediately to abate
dust issues at all times;
16. A Storm Water Management Plan(SWMP) must be prepared by the applicant and
approved by the Eagle County Environmental Health Department prior to
obtaining a grading permit. The plan shall include several specific pieces of
information as stated in the Environmental Health memo dated April 29th, 2005.
Any Hazardous Substance Management Plans (ASMP), or related documents
must be available to the public upon request;
17. Pursuant to the CGS memo dated April 26th, 2005, a plat note should be added to
the Fox Hollow PUD Final Plat which states (something to the effect of), "This
property may be subject to future geotechnical hazards such as subsidence and
sinkholes".
THAT, the Board directs the Community Development Department to provide a copy of
this Resolution to the Applicant.
12
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 23rd day of October, 2018.
COUNTY OF EAGLE, STATE OF
*OLEAt . c°
G2 COLORADO By and Through Its
g la .4 BOARD O. COUNT COMMIS: 1NE'S
ATTEST: iso r
14 U 1�Yu co Lost' By: G,,.40 9 JAVA _ii r - 1I ,I1-
A
•
Clerk to the Board of athy C$;ndler H my
County Commissioner Cl .'a
Ji ian H. Ryan
Co {mis er
1 ryI``
J nne McQueeky
mmissioner
Commissioner IAA& L /.LA-4 seconded adoption of the foregoing resolution.
The roll having been called,the vote was as follows:
Commissioner Chandler-Henry 4--h, a
Commissioner Ryan
Commissioner McQueeney 6-1,,,`
This resolution passed by Cl vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
13
EXHIBIT A
Legal Description of 32298 Hwy 6, Edwards, Colorado 81632- 1.52 Acres to be incorporated
into the Fox Hollow PUD Guide
A TRACT OF LAND SITUATED IN LOT 4 OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 82
WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF U.S. HIGHWAY NO. 6
AND 24, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OP-WAY LINE OF SAID HIGHWAY
WHENCE THE NORTHWEST CORNER OF SAID SECTION'6>BEARS NORTH 62 DEGREES
04 MINUTES 11 SECONDS WEST 675.22 FEET;
THENCE SOUTH 69 DEGREES 02 MINUTES EAST 100.04 FEET ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID HIGHWAY;
THENCE SOUTH 00 DEGREES 49 MINUTES WEST 706.09 FEET;
THENCE NORTH 66 DEGREES 58 MINUTES 43 SECONDS WEST 101.44 FEET;
THENCE NORTH 00 DEGREES 49 MINUTES EAST 702.22 FEET TO A POINT ON THE
SOUTHERLY RIGHTOF-WAY LINE OF SAID HIGHWAY, THE POINT OF BEGINNING,
COUNTY OF EAGLE, STATE OF COLORADO.
NOTE: THE ABOVE LEGAL DESCRIPTION IS REAL PROPERTY ONLY AND DOES NOT
INCLUDE MANUFACTURED HOUSING.
PLANNED UNIT DEVELOPMENT AGREEMENT
COUNTY OF EAGLE, STATE OF COLORADO
AGREEMENT NUMBER:
AMENDMENT TO PRELIMINARY PLAN FOR PUD
FOX HOLLOW PLANNED UNIT DEVELOPMENT
FILE NUMBER: PDA-7059
WHEREAS,on or about June 14, 2005,the Eagle County Board of County
Commissioners(the"Board") approved, with conditions,the Preliminary Plan for the Fox
Hollow Planned Unit Development(Planning File No. PDP-00030)("Fox Hollow PUD"),
pursuant to Resolution 2005-125, recorded at Reception No. 934772; and on October 25,
2005,the Eagle County and Fox Hollow, LLC,the original developer of the Fox Hollow
PUD, entered into a Planned Unit Development Agreement. On April 25, 2006,the
Board approved the Fox Hollow PUD Final Plat, recorded at Reception No. 200610925,
and;
WHEREAS,on or about July 17, 2017, Populace Development, LLC, Fox
Hollow, LLC and C&C Ventures, LLC (hereinafter collectively referred to as the
"Applicant"), did file an application with the Eagle County Department of Community
Development, State of Colorado, pursuant to Article 5 of the Eagle County Land Use
Regulations("ECLURs"), for an Amendment to the Preliminary Plan for the Fox Hollow
PUD (the"PUD Amendment"). The PUD Amendment includes the development of 87
new dwelling units and an associated zone change for incorporation of a 1.52 acre parcel
(the"C&C Ventures Parcel") into the PUD, as well as amendment of the PUD Guide for
the Fox Hollow PUD. As amended, the Fox Hollow PUD is a mixed-use development
including approximately 2,297 square feet of selected light commercial uses and a total of
105 residential units on approximately 6.05 acres of land within the Community Center of
West Edwards, and;
WHEREAS, Fox Hollow, LLC owns the real property subject to the Fox Hollow
PUD and C&C Ventures, LLC owns the C&C Ventures Parcel. Fox Hollow, LLC and
C&C Ventures, LLC intend to sell their respective real estate holdings to Populace
Development, LLC prior to submission of the application for Final Plat associated with
the PUD Amendment for the Fox Hollow PUD. Populace Development, LLC
("Developer")will thereafter develop the PUD in accordance with the approved PUD
Amendment, and;
WHEREAS, concurrent with the approval of the PUD Amendment,the
Applicant, the Developer and the Board of County Commissioners ("the "Board") shall
enter into this Planned Unit Development Agreement(hereinafter referred to as the
"Agreement"), binding the PUD to any conditions placed in the Resolution approving the
PUD Amendment and this Agreement. This Agreement shall replace and supersede the
Planned Unit Development Agreement for the Fox Hollow PUD, approved October 25,
2005; and
WHEREAS, said Agreement shall include a Common Open Space, Landscape
Plan, and Housing Plan for the PUD; and
WHEREAS,said Agreement shall set forth how the landscaping proposed for the
PUD will comply with Eagle County Land Use Regulations Section 4-240 Installation
and Maintenance Requirements;and
WHEREAS, said Agreement shall set forth how the Housing Plan proposed for
the PUD will comply with ECLURs Section 5-240.A.6 and the Eagle County
Affordable Housing Guidelines; and
WHEREAS, said Agreement shall ensure installation of necessary public
improvements planned to accommodate the development; and
WHEREAS,pursuant to Article 5-240.F.3.h. items (1)through(4) of the ECLURs,
the Board finds that the following shall set forth the performance section of this
Agreement.
NOW,THEREFORE, in consideration of approval of the PUD Amendment,
and the promises, covenants, and agreements to be kept and performed by the parties
hereto, it is agreed:
1. CONDITIONS IN THE RESOLUTION
The PUD, including the Applicant/Developer and successive owners of any part of the
PUD, is bound to all of the conditions placed in the Resolution approving the PUD
Amendment.
2. COMMON OPEN SPACE AREAS
2.1 Common Open Space Areas. Applicant/Developer agrees to be bound by
its verbal and written assurances as to its common open spaces, parks and recreational
areas as set forth in the PUD and in the PUD Guide (the "Common Open Space Plan").
The Common Open Space Plan must outline the areas of common open space, and
specify the location of all parks, trails, and recreation areas and playground equipment,
including, but not limited to, the trail from Building Ito the picnic area north of Building
I.The Plan must specify how the preservation of these lands is to be implemented,
identify deed or other restrictions against development and include terms by which any
common areas are to be maintained. The Plan must be submitted with the application for
Final Plat approval and must be approved by the Board of County Commissioners
concurrent with approval of the Final Plat.
3. LANDSCAPE PLAN AND PUBLIC IMPROVEMENT GUARANTEE
3.1 Landscape Plan. Applicant/Developer agrees to submit with the application
for Final Plat approval a Landscape Plan that complies with the Landscape Plan submitted
with the PUD Amendment and found to be in compliance with Section 4-240 Installation
and Maintenance Requirements. Minor modifications may be approved provided that the
Landscape Plan continues to comply with Section 4-240 Installation and Maintenance
Requirements. The Landscape Plan must be approved by the Board as part of a
Subdivision and Off-Site Improvements Agreement(hereinafter referred to as the "SIA")
concurrent with approval of the Final Plat.
3.2 Agreement to Collateralize Landscaping. Applicant/Developer agrees to
provide collateral in a form acceptable to the County Attorney to ensure landscaping
complying with the approved Landscape Plan will be installed. Applicant/Developer
agrees to provide collateral for no less than one hundred and twenty five percent(125%)
of the estimated cost of the landscaping improvements upon execution of the SIA.
Applicant/Developer agrees that the collateral shall be provided prior to initiation of any
land clearing or infrastructure development for the PUD, whichever is applicable.
3.3 Release of Landscape Collateral. As portions of the landscape
improvements are completed,the Community Development Director shall inspect them,
and upon approval and acceptance, shall authorize the release of the agreed estimated
cost for that portion of the improvements, except that the ten percent(10%) shall be
withheld until all proposed improvements are completed and approved, and an additional
twenty-five percent(25%) shall be retained until the improvements have been maintained
in a satisfactory condition for two (2)years.
3.4 Public Improvements Agreement. Applicant/Developer agrees to execute a
SIA concurrent with approval of a Final Plat. The SIA will contain, among others, the
following provisions:
A. Specification of Improvements. The improvements to be installed
shall be as specified in the PUD Amendment and shall include
requirements as set forth in the conditions of that Resolution
approving the PUD Amendment and as set forth in Article 4 of
the ECLURs. Applicant/Developer shall provide a project and/or
construction schedule detailing commencement and substantial
completions dates for the project, which will be attached as an
Exhibit to the SIA.
B. Certificates of Insurance. Applicant/Developer shall secure from
any contractor or subcontractor engaged in the work necessary to
comply with the SEA a Certificate of Insurance providing for
liability protection in the minimum amount of$387,000 per
individual and $1,093,000 per occurrence, naming the County as
an additionally named insured. Applicant/Developer, if it serves
as the contractor for the PUD improvements, shall provide
insurance in the same form and amounts as required of the
general contractor. Said limits shall be adjusted to comply with
any changed limits in the Colorado Governmental Immunity Act,
Title 24, Article 10, Colorado Revised Statutes.
c. County Incurs No Liability. The County shall not, nor shall any
officer or employee thereof, be liable or responsible for any
accident, loss or damage happening or occurring to the PUD and/or
PUD improvements specified in the this Agreement or the SIA
prior to the completion and acceptance of the same;nor shall the
County, nor any officer or employee thereof, be liable for any
persons or property injured or damaged by reasons of the nature of
said work on the PUD improvements, but all of said liabilities shall
be and are hereby assumed by the Applicant/Developer.
Applicant/Developer hereby agrees to indemnify and hold harmless
the County and any of its officers, agents and employees against
any losses, claims, damages or liabilities for which the County or
any of its officers, agents, or employees may become subject to,
insofar as any such losses, claims, damages or liabilities(or actions
in respect thereof) arise out of or are based upon any performance
by Applicant/Developer hereunder; and Applicant/Developer shall
reimburse the County for any and all legal and other expenses
incurred by the County in connection with investigating or
defending any such loss, claim, damage, liability or action. This
indemnity provision shall be in addition to any other liability which
the Applicant/Developer may have.
D. Collateral. Applicant/Developer agrees to provide collateral in a
form acceptable to the Eagle County Attorney to ensure PUD
public improvements are installed according to the development
approval for no less than one hundred percent(100%) of the
estimated cost of the public improvements, as estimated by the
Applicant/Developer and approved by the County Engineer. The
PUD shall be developed in one phase, and collateral for all public
improvements in the PUD shall be provided upon execution of the
SIA. As portions of the public improvements are completed,the
County Engineer shall inspect them, and upon approval and
acceptance, shall authorize the release of the collateral for the
agreed cost for that portion of the improvements except that ten
percent(10%) shall be withheld until all proposed improvements
are completed and approved by the County Engineer.
E. Warranty. The SIA shall provide for a warranty period of two (2)
years following substantial completion of the last of the PUD
improvements.
F. Compliance with Land Use Regulations. Applicant/Developer
shall be required to obtain all necessary permits and comply with
the provisions of the ECLURs, including but not limited to the
Regulations for Construction within the Public Ways of Eagle
County(Chapter V), as the same is in effect at the time of
commencement of construction of the PUD improvements referred
to herein.
G. Sole Responsibility of Developer Prior to County Acceptance.
Applicant/Developer agrees and understands that at all times prior
to the completion and acceptance of the on and off-site PUD
improvements set forth in this Agreement and the SIA by the
County, each of said improvements not accepted as complete shall
be the sole responsibility and charge of the Applicant/Developer.
When it is necessary to allow the general public to utilize the
roadways under construction by Applicant/Developer, traffic
control and warning devices shall be placed upon such roadways
by Applicant/Developer in accordance with the Manual on
Uniform Traffic Control Devices for Streets and Highways as
prepared by the U.S. Department of Transportation, Federal
Highway Administration.
4. AFFORDABLE HOUSING
4.1 Original Housing Plan. In 2005, Fox Hollow, LLC, original developer of the
Fox Hollow PUD, agreed to the Housing Plan approved as part of Planning File No.
PDP-00030, which included construction of up to 16 very low-income housing units and
two moderate-income affordable units.See Resolution No. 2005-125. To meet the intent
of the Eagle County Affordable Housing Guidelines, Fox Hollow, LLC agreed to
construct three (3) affordable housing units. Using a ratio of five(5)housing credits for
each very low-income housing unit, as agreed to by Eagle County, the 16 very
low-income units to be constructed within the Fox Hollow PUD produced a total of 80
housing credits. Two of the affordable units were constructed as part of the PUD and one
(1) of the housing credits generated from the provision of very low-income housing units
was used to satisfy Fox Hollow, LLC's agreement to provide three (3) affordable units.
The remaining 79 housing credits were "bankable" by Fox Hollow, LLC in accordance
with the Eagle County Housing Guidelines and as more specifically discussed in the
original Fox Hollow PUD Housing Plan.
4.2 Amended Housing Plan. The Applicant/Developer has agreed to the Housing
Plan submitted with the application for the PUD Amendment, which includes the
purchase by Developer of 10 housing credits from Fox Hollow, LLC. These 10 credits
are equivalent to 11,260 sq.ft. of housing. Following the sale of these 10 credits to
Developer, Fox Hollow, LLC will be left with housing credits equivalent to 9,706 sq. ft of
housing. The Developer shall provide the County with evidence of its purchase of these
10 credits prior to submission of the application for Final Plat. The Developer shall
record deed restrictions in a form approved by the Eagle County Housing Department
restricting 32 of the residential units within the PUD in the Residences at Fox Hollow as
Resident Occupied units (which must be sold in accordance with the Eagle County
Affordable Housing Guidelines, as may be amended from time to time, and the Eagle
County Affordable Housing Guidelines: Administrative Procedures, as may be amended
from time to time) and restricting 4 one-bedroom units in the Residences at Fox Hollow
as Price Capped units. The initial sales price of the 4 Price Capped units will be set at
prices affordable to households earning 100%AMI. The applicable deed restrictions
shall be recorded immediately following the recording of each condominium map for the
PUD. The deed restrictions shall be first and prior to any and all interest in, lien upon or
obligation recorded of record against the PUD property. After the initial developer sales,
Price Capped unit resales will be completed through the Program Administrator or its
designee per the Eagle County Affordable Housing Guidelines: Administrative
Procedures as may be amended from time to time. Resales of the Resident Occupied
units may be listed by any means the homeowner chooses with the requirement that the
Program Administrator confirms Resident Occupant eligibility prior to any sale.
4.3 Sequencing of Affordable Housing. The Developer will construct the
residential units associated with the PUD Amendment in three sequences. In the first
construction sequence, 56%of the residential units will be subject to Resident Occupied
deed restrictions; in the second construction sequence, 52%of the residential units will be
subject to Resident Occupied deed restrictions, and in the third construction sequence, 21%
of the residential units will be subject to Resident Occupied deed restrictions. Of the four
deed restricted units,three such units will be provided in the second sequence and one will
be provided in the third sequence.
5. OTHER MATTERS
5.1 PUD Roadways
A. Dedication, Construction and Maintenance. Following Final Plat approval,
new roadways to be constructed by the Applicant/Developer pursuant to the PUD
Amendment depicted on such Final Plat("PUD Roadways"), including the segment of
Murray Road west of Fox Hollow Drive, shall be constructed to County Standards,
except as varied in the Table of Variances attached as Attachment D to the Resolution
approving the PUD Amendment, or as otherwise varied by the Board. The segment of
Murray Road west of Fox Hollow Drive shall be dedicated to the public pursuant to
customary plat dedication language, subject to a warranty period and acceptance.
Further, maintenance, repair and replacement of PUD Roadways within the PUD shall
be the responsibility of the Residences at Fox Hollow Homeowners Association
pursuant to plat notes delineated on the Final Plat with respect to PUD Roadways
created by such Final Plat. The responsibilities undertaken by the Residences at Fox
Hollow Homeowners Association with respect to the PUD Roadways include, without
limitation, the obligation of maintenance, repair and replacement of the PUD
Roadways, to include traffic control signs and markings, and of compliance with the
snow management plan which was agreed to by the Applicant/Developer and approved
as part of the PUD Amendment. Applicant/Developer shall additionally be responsible
for the construction of and the Residences at Fox Hollow Homeowners Association
shall be responsible for the maintenance and repair of the 14 on-street public parking
spaces associated with the segment of Murray Road west of Fox Hollow Drive.
B. Variances. The parties hereto acknowledge and agreed that certain variances
have been approved for the PUD Roadways and related sidewalks and parking as set
forth in the Table of Variances attached hereto as Exhibit D and incorporated herein.
5.2 PUD Sidewalks and Trails. Applicant/Developer shall be responsible for the
installation of, and the Residences at Fox Hollow PUD Homeowners Association shall
be responsible for the maintenance, repair and replacement of all trails and sidewalks
associated with the Fox Hollow PUD, including all internal sidewalks,the sidewalks on
both sides of Murray Road,the asphalt trail/path along US 6 across the frontage of the
PUD property(from the east Interfaith Church property line to the west CenturyTel
property line), and the trail/path from Building Ito the picnic area to the North of
Building I. These trails and sidewalks described herein shall be completed prior to the
issuance of the last Temporary Certificate of Occupancy("TCO") for the PUD and
shall be available for use by the public at all times.
5.2 Short-Term Rental Restrictions. Short term rentals are not permitted in the
PUD in the Residences at Fox Hollow. A short term rental is defined as a non-owner
providing compensation to lodge in an owner's residence for periods of less than thirty
(30) days. Owners shall not advertise any part of their residence as available for short
term rental on any open, public forum such as Airbnb, VRBO, Homeaway or
equivalent.
5.3 Sidewalks on Adjacent Property. Applicant/Developer has voluntarily
obtained approval from the Edwards Design and Craft Center Unitowners Association
("Edwards Design and Craft")to install a sidewalk along the south side of Murray Road
on property owned by Edwards Design and Craft. Applicant/Developer has further
voluntarily obtained approval from Ronald D. Gruber("Gruber")to install a sidewalk
along the south side of Highway 6 across property owned by Gruber to the east of the
PUD. Applicant/Developer shall enter into easement agreements evidencing such
approval in a form approved by the County concurrent with approval of the Final Plat.
Applicant/Developer shall be responsible for the installation of such sidewalks and the
Fox Hollow PUD Homeowners Association shall be responsible for the repair,
maintenance and replacement of all such sidewalks. The sidewalks described herein
shall be constructed prior to the issuance of the last TCO for the PUD and shall be
available for use by the public at all times.
5.4 Public School Dedication Fee. Fees-in-lieu of school land dedication are
required to be paid upon approval of the Final Plat for the PUD Amendment. The
amount of fees-in-lieu shall be determined in accordance with the ECLURs and based
upon a Summary Appraisal Report dated no more than six months prior to application
for the Final Plat associated with the PUD Amendment.
5.5 Rockfall Mitigation. Developer shall comply with the recommended
conditions of the Colorado Geological Survey Referral Letter dated,November 22,
2017, prior to the issuance of any building permits for the PUD, except that the
Applicant shall provide an updated geotechnical report and perform rockfall mitigation
measures prior to issuance of any TCO for the PUD. The CGS letter is attached hereto
as Exhibit E;
6. GENERAL PROVISIONS
6.1 Severability. Whenever possible, each provision of this Agreement and any
other related documents shall be interpreted in such a manner as to be valid under
applicable law; but if any provision of any of the foregoing shall be invalid or prohibited
under said applicable law, such provision shall be ineffective to the extent of such
invalidity or prohibition without invalidating the remaining provisions of such subsection
or document.
6.2 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such
amendment or modification is in writing and signed by all parties hereto.
6.3 Assignability. This Agreement shall be enforceable against the
Applicant/Developer, provided, however, that in the event the Applicant/Developer
sells, transfers or assigns all or part of the subject PUD, the obligations of the
Applicant/Developer under this Agreement as to that portion of the subject PUD may be
assumed in writing by the purchaser of the parcel, and the Applicant/Developer shall
have no further obligations hereunder. It is agreed, however, that no such assumption of
these obligations shall be effective unless the County gives its prior written approval to
such assignment and assumption following an investigation of the financial condition of
the purchaser. Notwithstanding the foregoing, the County acknowledges and consents
to the assignment of this Agreement to the Developer following the closing of the sale
of the Fox Hollow PUD property and the C&C Ventures Parcel to the Developer. The
Applicant/Developer shall not otherwise assign, transfer, convey, pledge or otherwise
dispose of this Agreement without the prior written consent of the County, which
consent shall not be unreasonably withheld.
6.4 Binding upon Successors. This Agreement shall inure to the benefit of
and be binding upon the parties hereto,their respective successors, and assigns.
6.5 No Rights to Third Parties. This Agreement does not and shall not be
deemed to confer upon or grant to any third party any right to claim damages or to bring
any lawsuit, action or other proceedings against either the County or its officers,
employees or agents because of any breach hereof or because of any terms, covenants,
agreements or conditions contained herein.
6.6 Enforcement.At its sole option,the County may enforce the provisions of
this Agreement and of any applicable deed restrictions and covenants in the same manner
and with the same remedies applicable to the enforcement of land use regulations
pursuant to the ECLURs, as they may be amended from time to time, or as otherwise
provided by law. Alternatively,the terms of this Agreement and of any applicable deed
restrictions and covenants shall be enforceable by the Board or its designee by any
appropriate equitable or legal action, including but not limited to specific performance,
mandamus, abatement, injunction, or forcible entry and detainer. The remedies explicitly
provided herein are cumulative, and not exclusive, of all other remedies provided by law.
6.7 Notice.Notice required pursuant to the terms of this Agreement shall be
deemed given on the day that the same is placed in the United States Mail, postage
prepaid, certified or registered mail,return receipt requested.
Address for giving notice to County:
Eagle County Attorney's Office
P.O. Box 850
500 Broadway
Eagle, CO 81631
(970) 328-8685
Address for giving notice to Developer:
Populace Development, LLC
Attn: Adam Dowling, Principal
PO Box 7090
Avon, Colorado 81620
(970) 390-2970
C & C Ventures LLC
Attn: Charles Alexdander
PO Box 1565
Edwards, Colorado 81632
Fox Hollow, LLC
Evelyn Pinney, Manager
680 West Lionshead Place
Vail, Colorado 81657
(970) 926-0918
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
EAGLE COUNTY, COLORADO, by and through
its Bo,rd of County Commission
athy C ner-Henry, -hair ,
dl
11GL€ c
\:\:tt:
ATTEST:
11-4A:4[—Olt 0 eotosr
Clerk to the Board of
County Commissions s
APPLICANTS:
POPULACE DEVELOPMENT, LLC, a Colorado limited liability company
By:
Name: Adam Dowling
Its: Principal
•
By:
Name: Michael Routh
Its: Principal
C&C VENTURES, LLC, a Colorado limited liability company
By:
Name: Charles Alexdander
Its: Principal
FOX HOLLOW, LLC, a Colorado limited liability company
By:
Name: Evelyn Pinney
Its: Manager
FOX HOLLOW
Planned Unit Development Guide
Revised August 27, 2018
Section 1.00 Development Controls -P.U.D. Guide
Section 1.01: Introduction. This Planned Unit Development Guide ("Guide", "PUD
Guide" or "Development Guide") sets forth the land uses and development standards for all
lands within the property known as the Fox Hollow Planned Unit Development("Fox Hollow"
or the "PUD"). This Guide defines the permitted use of land,regulates the bulk, height,
structures,provides for existing transportation corridors, open space and recreational areas,
and provides additional supplementary regulations. This Guide is authorized pursuant to
Resolution - approving the amendment to the Preliminary Plan for the Fox
Hollow PUD.
This Guide is therefore intended to replace the Fox Hollow PUD Preliminary Plan and Fox
Hollow PUD Guide approved by the Eagle County Board of County Commissioners ("BOCC")
in June 2005, file number PDP-00030, approved by Resolution No. 2005-125 and recorded at
Reception No. 934772. The specific provisions of this Guide shall supersede those in the
previous Guide. Where the Guide is silent, the provisions of the Eagle County Land Use
Regulations, as amended from time to time ("ECLUR"), shall govern.
The following definitions shall apply to the Fox Hollow PUD.
Floor Area Ratio: Means the relationship of the net floor area to the net developable area of the
lot, expressed as an arithmetic ratio. 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, storage areas
and areas of basement which are more than 12 inches above ground. Floor area shall exclude
utility/mechanical areas,cellars, crawl spaces, non-habitable attics, garages or areas designed
for parking or loading within a building. Stairways shall count toward allowable floor area at a
rate of one hundred (100)percent of the area on the first level of habitable space and fifty (50)
percent of the area of the stairway on each subsequent level.
Building Height: Building height means the distance measured vertically on all sides of a
structure from the finished grade of any given point to a point directly above that location that
is: (a) the top of a flat roof, or mansard roof; or (b) the midpoint between the eave line and the
peak of a gable, gambrel, hip or shed or similar pitched roof; or (c) the peak of any roof that
exceeds a slope of a twelve to twelve (12:12).
Section 1.02: Purpose. The primary purpose of this Guide is to establish the
standards, restrictions, and regulations which govern development and land use within the Fox
Hollow PUD and to incorporate into this Guide any amendments hereto approved by the
Board of County Commissioners ("BOCC") for Eagle County, Colorado.
Additionally, the purpose of this Guide is to insure that the Fox Hollow PUD is developed
pursuant to the land uses as identified in the Preliminary Plan and described herein. The Guide
2
— —
will insure the orderly and compatible development of the property. The Guide supplements
the standard zoning provisions of Eagle County with site specific restrictions that are more
appropriate to the specific conditions of lands contained within this development.
Section 1.03: Intent. The Fox Hollow P.U.D. is intended to be a balanced
development that incorporates a variety of land uses including low-impact commercial and a
mix of residential development. This Guide remains somewhat flexible to allow for changes and
innovations in specific design as the project progresses through its multi-year development
schedule. These changes will be permitted only as they remain consistent with the overall
character and standards, as defined throughout this Guide and as approved by the BOCC.
Section 1.04: Enforcement. The Fox Hollow Design Review Committee, the Fox
Hollow Homeowners Association, and the Residences at Fox Hollow Homeowners Association
shall be responsible for interpreting and enforcing this Guide;provided, however, that Eagle
County shall have the independent right to enforce the provisions of this Guide consistent with
the authority and actions defined in the ECLUR.
Section 1.05: Planning Parcels. All areas within the Fox Hollow P.U.D. belong to one
of five planning parcels (the "Fox Hollow Parcels" or "Planning Parcel"). Each Planning Parcel
is described herein in further detail and shown on the Development Plan attached as
Attachment 1.
Section 1.06. Conflict. The specific provisions of this Guide shall supersede those of
the ECLURs. However, where the Guide does not address an issue, the specific provisions of
the ECLURs shall prevail. In cases of dispute or ambiguity, the Director of Department of
Community Development shall act to interpret.
Section 1.07. Incorporation of Development Plan. The development planning for each
Fox Hollow Parcel, as depicted on the Development Plan attached hereto as Attachment 1,
shall be used as a general guide in the development of the PUD. It is anticipated that
modifications to this Guide will be necessary from time to time as the project progresses
through its development life. This Guide provides two types of modifications: Major and
Minor.These two are defined as follows:
Section 1.07.02: Major Modifications. Major modifications shall require amendments to
the P.U.D. Preliminary Plan. Major modifications are those changes which would alter the
character or fundamental land use of a portion of the project. Major modifications shall be
defined and processed and in accordance with the ECLUR.
Section 1.07.03: Minor Modifications.Minor modifications are those changes which will
not alter the original concept and character of the project but which may result in a change in
design of the development. Minor modifications include, but are not limited to, internal road
alignment alterations, additions of land uses not previously itemized in this Guide provided
tha't the land use changes are similar in nature to the listed permitted uses and minor shifts in
3
lot locations, and minor adjustment to parcel boundaries that are consistent with intent of the
original plan. Changes to the interior access road alignment and building and parking layout on
Tract A is permitted through a Minor Amendment. Applications for Minor Modifications shall
be processed in accordance with applications for Limited Review Use of the ECLUR and may
be approved by the Community Development Director if it is found to be consistent with the
established goals of this Guide and the Development Plan for the Fox Hollow PUD. In
addition,Minor Modifications may or may not require an Amended Final Plat,processed in
accordance with the ECLUS.
All applications for construction permits, as required by Eagle County including,but not
limited to, building permits, shall be reviewed by Eagle County Planning Staff for conformance
to this Guide and the Development Plan for the PUD prior to issuance.
Section 1.08: Parking.
-Commercial Buildings: 1 space per 300 square feet
-Residential Lot 4&Tract A: 2 spaces per unit
Residential Lot 2 &Tract Al:
Three bedroom unit—2 parking spaces
Two bedroom unit- 2 parking spaces
One bedroom unit- 1 parking space
Parking shall be developed as shown on the PUD Development and
Comprehensive Parking Plan. The above parking space requirements for
Lot 2 are the minimum that shall be provided during the project buildout
and any phasing that may occur. At buildout of 87 units on Lot 2 and
Tract Al there shall be a minimum of 180 parking spaces provided on-
site and 14 public parking spaces provided on-street along Murray Road.
Parking spaces located within and in front of a garage shall qualify as
required parking spaces.
All parking spaces shall be paved.
Section 1.09: Impact Control.
1. Wood Burning Devices: No wood burning devices are permitted within the Fox
Hollow Planned Unit Development.
2. Maintenance.
A Property Owners Association(s) shall be established for the PUD. One of the
responsibilities of the Association(s) will be to establish a budget and dues structure
4
to maintain the open space, driveways,parking,landscape materials and drainage
structures located on privately owned property within the Fox Hollow P.U.D.
All Lots/Tracts must be maintained in a clean and litter free condition.
Noxious weeds must be controlled and eliminated by the property owner.
All land surface disturbed by construction or erosion must be satisfactorily
revegetated.
Where applicable, dead or down vegetation which may contribute to wildfire
hazard must be eliminated by the property owner,including common owners.
3. Minimum Setbacks. For all new structures within the Fox Hollow PUD shall be
established by this Guide's dimensional standards for each lot.
4. Trash
All trash must be stored in wildlife-proof trash containers as defined by Eagle County.
These trash containers, if located outside on a permanent basis, must be screened from
view.
During construction, a bear-proof dumpster must be utilized for any non-construction
material garbage generated during construction. Construction workers shall be
prohibited from leaving food or other bear attractants on-site.
5. Dog Control
Dogs shall be leashed at all times while outdoors within Fox Hollow. At no time are
dogs to be allowed to run freely. Pets shall not be left unattended in common areas or
on outdoor porches or balconies. Pet waste shall be removed by dog owners
immediately and stored in proper containers. Fox Hollow shall be subject to any and all
leash laws and other pet regulations as adopted by Eagle County.
All dog and pet food shall be stored indoors.
Stray Dogs may be controlled by the County and the Colorado Parks and Wildlife
Department ("CPW"). Homeowners not in compliance with these dog restrictions will
be responsible for any and all costs incurred by the County and/or CPW for enforcing
these provisions.
6. Telecommunications
Structures and antennas necessary to broadcast telecommunications for voice, data or
video with emitted power levels less•than 36 dBm (or such other levels as may be
5
authorized by the Federal Communications Commission to be low power
telecommunications) are permitted within all Planning Parcels with the prior written
approval of the Fox Hollow Design Review Board.
7. Landscaping.
Landscaping within Fox Hollow must recognize the drought conditions that prevail
in our western region, and be tolerant of these drought episodes. It should
harmonize the building site with both natural topography and existing vegetation,
minimizing disturbed areas,while respecting limitations and best uses of water
resources in our area.A list of recommended plants is listed in Attachment 2.
Requirements:
Landscaping must be designed to incorporate water conserving materials and
techniques through the application of seven fundamental xeriscape landscaping
principles including:
a. Planning and designing a landscaped area that groups plants with similar
water and sunlight requirements together.
b. Creating practical and appropriate turf areas (where necessary), utilizing a lower
water-use turf such as buffalo grass, blue grama, or turf type tall fescues and fine
fescues.
c. Use of low water demanding plants and dryland seed grass mixes.
d. Use of automatic irrigation systems, designed and operated to conserve
water by applying the right amount of water at the right times.
e. Incorporation of soil amendments, where appropriate for the site and type of
plants proposed.
f. Use of mulches, such as woodchips, to reduce evaporation potential and
keep the soil cool.
g. Planting appropriate materials suited to the soil and climate, and
appropriately maintaining the vegetation once established.
2. Preserve and protect as much existing vegetation as possible. Incorporate existing
trees when locating surfaces.
S. Consideration should be given to use of landscape material for snow fencing, visual
screening and wind breaks when applicable.
4. Plant material should be adaptable to the area and selection and placement should
include consideration of function and color coordination. Proposed materials must
be called out on plans. No noxious weeds shall be permitted within the
development.
6
Irrigation/Watering Requirements:
1. AU irrigation shall be subject to the watering schedule as imposed by the Eagle
River Water and Sanitation District(ERWSD).
2. Temporary(overhead) sprinkler irrigation is allowed to re-establish native
vegetation and seed mixes on otherwise non-irrigated portions of the landscaped
areas, however, must be removed 3 years after installation.
3. The use of drip systems for trees and shrubs will be used whenever feasible.
Turf Requirements:
1. The following types of ornamental grasses are recommended: Buffalo grass, Blue
Grama,Little Bluestem, Smooth Brome, Crested Wheatgrass or Western
Wheatgrass.
2. In all disturbed areas, soil must be prepared with the addition of organic matter,
and tilling the soil as deep as possible. The addition of decomposed organic matter
(compost, composed horse manure, or composted shopped straw or hay) is required
for turf installation.
PLANNING PARCEL REQUIREMENTS:
Lot 1-Veterinary Clinic Parcel
Evergreen Trees-minimum of 6 (4-6 high measured from the top of the root ball to the
top of the tree).
Deciduous/Ornamental Trees -minimum of 8 (1.5-2 inch caliper measured four (4) feet
above the ground) to accent parking areas,provide summer shade and add seasonal
color to landscaping.
Evergreen Shrubs-minimum of 15 (5 gallon)providing soil stability on berm as
accents around building.
Sod-minimal use of sod in front and sides of building to create an attractively
landscaped entry,with the balance consisting of natural grasses and ground covers.
Perennial Garden-at entrance of Fox Hollow site to provide an attractive and
colorful entry and directly in front of building as a landscaping accent.
Lot 2 and Tract Al, Multi-Family and Open Space Parcels
Detailed Landscape Plan to be approved by Eagle County as a part of the Final Plat
review process. Fruit, nut and berry producing trees that may attract wildlife shall be
prohibited.
7
Lot 2 and Tract Al shall be subject to the Residences at Fox Hollow Irrigation System
and Soil Requirements as stated in Section 9.0 of this PUD Guide.
Lot 4- Mixed Use Building Parcel
Evergreen Trees -minimum of 6 (4-6 foot high measured from the top of the root ball
to the top of the tree).
Deciduous/Ornamental Trees-minimum of 8 (1.5-2 inch caliper measured four (4) feet
above the ground) to accent parking areas,provide summer shade and add seasonal
color to landscaping.
Evergreen Shrubs -minimum of 6 (5 gallon) as accents around building.
Sod-minimal use of sod in front and sides of building to create an attractively
landscaped entry, with the balance consisting of natural grasses and ground covers.
Tract A-Duplex Residential Tract (requirements per duplex building)
Evergreen Trees -minimum of 2 (4-6 foot high measured from the top of the root ball
to the top of the tree).
Deciduous/Ornamental Trees -minimum of 4 (1.5-2 inch caliper measured four (4) feet
above the ground) to accent parking areas,provide summer shade and add seasonal
color to landscaping.
Evergreen Shrubs -minimum of 4 (5 gallon) as accents around building.
Sod-minimal use of sod in front and sides of building to create an attractively
landscaped entry, with the balance consisting of natural grasses and ground covers.
Perennial Garden- small perennial gardens will be allowed in the front and sides of the
duplex units to be planted and maintained by individual residents.
Fencing:
Due to the proximity of the property to natural wildlife areas and the aesthetic objective of the
PUD, continuous lot fencing is not allowed within the PUD Privacy fencing is permitted for
the back yards of the multi-family and duplex residential units constructed on Tract A.
Using fencing for screening and/or buffering of ground-mounted equipment, such as power
transformers and air handling equipment is allowed. Such equipment must be screened from
public view by either materials integral with the adjacent building or landscaping, all of which
must be specifically approved for the site using the following guidelines:
1. Where applicable, fencing may be used in combination with plant material. In all
cases, however,plant materials must be part of the screening of utility boxes.
Meters,phone pedestals and transformers will occur to the side and rear of the
8
building whenever possible and appropriately screened.
2. No wall, fence or planter in excess of two feet in height should be constructed or
maintained nearer to the front lot line than the front building setback line.
3. Any street fencing for aesthetic design must be either two or three (split) rail open
fences.
4. No chain-link fencing is permitted in the P.U.D. other than in the commercial lot
zoned for the veterinary clinic, which may use chain-link fencing around the
pet enclosure area. This fencing must be adequately screened with plant materials
to minimize visual impacts from any neighboring properties or roadways.
Lighting and Illumination Standards:
Access to a clear and visible night sky is a strong value to our community. Light pollution is a
threat to our clear skies that are part of the heritage of the Rocky Mountain West.At the same
time,lighting is desirable for safety and aesthetic purposes.
Residential Lighting Requirements:
1. Lighting should be considered as a design feature as well as providing illumination
for aesthetic and safety purposes only. There shall be no exposed light source on a
property and all fixtures must utilize frosted or seeded glass. In any case,light
fixtures shall not cause glare beyond the property.
2. Floodlights are not permitted. Light spillover to adjacent properties must be
minimized. No exposed bulbs are permitted.
3. Lights that flash, move, revolve, rotate, flicker,blink or vary in both intensity and
color to emit intermittent pulsation shall be expressly prohibited as fixed light
sources. This does not include holiday/seasonal lighting, which is temporary in
nature for the holiday season and must be removed by March 1.
4. Street lights used for illumination of public ways on Lot 2 and Tract A1shall be 20 feet
or less in height.
Commercial Lighting Requirements:
Commercial outdoor lighting systems shall serve functional and aesthetic roles in the
commercial areas. These roles are: to provide security and visual safety, to serve as directional
indicators for both vehicular and pedestrian traffic, to provide for extended outdoor use,
particularly in pedestrian gathering areas and to reinforce the identity and character of a
project through form, color and materials of fixtures, visual light quality, and placement.
1. Lighting should be provided for all parking, drive and walkway areas. In all commercial,
retail and office parcels,lighting must be designed and arranged so as not to reflect
9
excessive light upon abutting or adjacent properties. Floodlights are not permitted.
2. Lighting should be considered as a design feature as well as providing illumination.
Area lighting shall generally be a metal halide or equivalent, cut-off type fixtures
with a maximum mounting height of 15 feet for walkways and 25 feet for
parking areas. There shall be no exposed light source on a property and all fixtures
must utilize frosted or seeded glass.
3. Pedestrian areas should utilize low-level light sources to accent or illuminate the
ground plane. These design elements should provide light for safety and aesthetic effect.
By day, the physical shape and sizes lend animation and scale to pedestrian spaces. The
Fox Hollow Design Review Board will be responsible for the review and approval of
lighting with regard to this design guidance. Eagle County shall not be responsible for
review or interpretation of this statement.
4. Lights that flash, move, revolve, rotate, flicker, blink or vary in both intensity and
color to emit intermittent pulsation shall be expressly prohibited as fixed light
sources. This does not include holiday/seasonal lighting,which is temporary in
nature for the holiday season and must be removed by March 1.
Other Design Standards:
Above Ground Tanks and Miscellaneous Structures
Requirements:
1. Oil, gasoline or liquid petroleum gas tanks will not be permitted on or above
ground.
2. No outdoor storage areas will be permitted. No outdoor clotheslines or permanent
trash receptacles are permitted unless they are screened from view.
3. Flues, vents,chimneys, and other mechanical penetrations of a roof on any
structure shall be fully enclosed and screened in such a manner as to conform to
the overall design character and equipped with spark arrestors as may be
appropriate.
Section 1.10: Signs. All signs within the Fox Hollow Parcels must comply with the
ECLURs unless permitted herein. All signs shall comply with Eagle County clear vision
requirements.
Permitted Signs:
A. Monument Signs:
-Location: P.U.D. Entrance at Highway 6/24 at Fox Hollow Drive.
-Maximum Size: 6'H x lOW'
10
-Features: Constructed as a stand-alone base mounted structure with
materials to match the building architecture.
-Lighting: Externally illuminated or shielded down light placed in sign
structure.
B. Identification Signs:
-Location:At each of the commercial access roadways/driveway
intersections.
-Maximum Size: 6'H x 6W'
-Features: Constructed as a stand-alone base mounted structure with
materials to match the building architecture.
-Lighting: Externally illuminated or shielded down light placed in
structure.
C. Commercial Tenant Signage:
Each individual commercial tenant shall be allowed a maximum of 16 square feet
of signage. Internally illuminated"canned" signs shall not be allowed. Multiple
tenant signs on each individual building must be matched in material,
design/font style and color. Signs must match the architecture of the buildings.
A directory sign identifying the individual businesses within the building. The
directory sign shall not exceed 40 square feet in area or 10 feet in height.
Individual window signs will not be allowed.
Commercial or advertising signs facing or visible from Highway 6 will not be
allowed for buildings situated on Lott. This includes real estate advertising
signs.
Temporary signs along Highway 6 for garage sales,political campaigns,or
announcements must be removed promptly when no longer needed or no longer
than three days past the conclusion of the event.
D. Other Signage Including Directional Signage:
-Location: Throughout site as required for life-safety, direction, usage and for
boundary delineation.
-Maximum Size: 16 square feet.
-Features: Colors and style to be consistent throughout each individual site.
11
E. Construction Signs:
Each lot shall be allowed one construction sign not exceed 32 square feet in
area. The construction sign may include the name of the building, a graphic
representation of the building and a list of involved entities.
Section 1.11 Architectural Standards. Each building on the property is intended to use forms
and materials to produce a sense of an integrated mixed use community. Fox Hollow will
establish design standards and guidelines so any structures added to the project will be
compatible with the Architectural Guidelines of the initial buildings.
Continuity is of utmost importance to the overall design philosophy of the Fox Hollow P.U.D.
The purpose of the Design Guidelines is not to create look-alike structures or to suggest that
they all have to have the same colors and materials, but to create a design approach that
maintains continuity and a sense of place through the use of common themes and ranges of
natural colors and materials.
These design guidelines will be reviewed and enforced by a Design Review Board established
by the Fox Hollow Homeowners Association and/or Residences at Fox Hollow Homeowners
Association. Eagle County will not be required to review, interpret or enforce the design
guidelines.
1. Materials and Colors:
All building materials and colors including roofs shall be in a range to reflect the
natural landscape of the site and the hillside backdrop to the south of the site.The color
standards are intended to be muted earth toned with light to middle range color values
of the native landscape found on this site. Materials will be selected for environmental
sensitivity to the site. Occasionally, accent colors may be used with restraint.
The residential development on Lot 2 and Tract A 1 is known as The Residences at Fox
Hollow. The "Residences at Fox Hollow" architectural character and style is inspired by
"mountain modern architecture" which is signified by clean lines, focus on proportions,
and flat roofs.
The townhomes offer accents of wood siding, metal siding, architectural grade exposed
concrete and cementitious panels,with glazing and fenestration in strong geometric
shapes and sizes. The linear and horizontal aspect of the townhomes are broken by
grade changes at the center of buildings, which provides a "stepped" appearance and
visually assists in providing variety in height and proportion.
Roof top decks and second floor exterior balconies are accented with modern style
railing systems. Energy efficient double glazed windows in clean and narrow frames
further compliment the modern style. Options for active solar collectors on the flat roof
offer energy efficiency and assist in meeting energy code requirements.
12
2. Foundations:
All exterior wall materials will continue to finished grade, thereby eliminating
unfinished foundation walls. Any exposed concrete utilized as an exterior wall material
will be finished to architectural grade and will complement the design, including
purposefully exposed concrete foundation walls.
3. Decks, Patios, Courtyards:
All decks,patios and courtyards will be designed as part of the architecture of the
buildings so they are integrated into the overall design. Site walls and accessory site
structures shall be compatible with the main structure upon the site. See further
restrictions on the size and locations of decks in paragraphs of this Guide that
specifically address each Lot and Tract.
4. Lighting:
All outdoor lighting shall be carefully reviewed to insure that neighboring
properties are protected from the view of bright light sources. Illumination
necessary for nighttime activities must be directed downwards. All non-security
lighting will be turned off at 11:00 p.m. except during special events that may run
later in to the evening. Timed motion detection lights may be used for security
purposes.
5. Hazardous Materials:
Any business that uses or stores hazardous substances on site shall prepare a Hazardous
Substance Management Plan and shall submit the plan to the Eagle River Fire
Protection District, the Fox Hollow Property Owners Association and Residences at
Fox Hollow Homeowners Association Each Hazardous Substance Management Plan
shall detail the type and amount of hazardous substance, where the substances are
stored,what actions shall be taken in the event of a spill, what waste materials are
created and the method of disposal of these waste materials.A record of these plans
shall be maintained by the respective Homeowners Associations and be available to the
public for review.
Section 2.0 Fox Hollow-Lot 1.
Section 2.01: Intent. Lot 1 is the area in which a small commercial building is
located.
Section 2.02: Permitted Uses.
Commercial uses as listed on Attachment 3, including but not limited
to veterinary clinic, office,limited retail and storage.
Parking and roads
13
Utility and irrigation distribution lines, facilities,ditches, diversions,
water storage, treatment, structures, fencing, enclosures and other
related improvements.
Temporary uses relating to construction activity(i.e.job trailer)
Section 2.03: Development Standards. All existing improvements may remain,be
maintained, modified, replaced and/or repaired.
Total Floor Area Ratio: 15%
Total Impervious Coverage Ratio : 45%
Setbacks shall be:
-Front(Fox Hollow Drive) 15 feet
-Front (Highway 6) 40 feet
-Side (East) 15 feet
-Side (Lot 4) 15 feet
Building Height*: 27 feet
Decks: No decks are permitted on this lot**
* Building height referenced throughout this Guide
shall be defined pursuant to the ECLUR.
**This limitation on the construction of a deck does not
include the planned covered porch on the south side of the
building.
Section 3.0 Fox Hollow-Lot 2.
Section 3.01: Intent.Lot 2 is the area in which the primary residential component of
the development will be located.
Section 3.02: Permitted Uses.
The existing residential use legally conforming to the RSL Zone District
as zoned prior to this PUD Guide approval date may remain in place
until construction is initiated on Lot 2. Once construction is initiated the
existing residential use shall be discontinued.
Residential multiple family units including townhomes, condominiums
and apartments at a maximum density of 75 units.
14
•
Accessory uses customarily appurtenant to residential uses including
decks and patios.
Home occupations including home daycare of less than eight children.
Parks, open space, recreation uses and community gardens.
Parking and Roads.
Utility and irrigation distribution lines, facilities,ditches, diversions,
water storage, treatment, structures, fencing, enclosures and other
related improvements.
Temporary uses relating to sales and construction activity(i.e. sales
and/or job trailer).
Section 3.03: Development Standards.
Total Floor Area Ratio: 85%
Total Impervious Coverage Ratio: 82%
Setbacks shall be:
-Front (Highway 6) 25 feet
-Front (Fox Hollow Drive) 10 feet
-Side (Murray Road) 10 feet
-Side (west) 10 feet
There shall be no setback requirement from internal lot lines within Lot
2.
Building Height:
Buildings F&G 48 feet
Buildings A, B, C, D, E,J, K,L&M 36 feet
Section 4 Fox Hollow Tract Al
Section 4.01 Intent. Tract Al is intended for residential use.
Section 4.02 Permitted Uses.
Residential multiple family units including townhomes, condominiums
and apartments at a maximum density of 12 units.
Accessory uses customarily appurtenant to residential uses including
decks and patios.
15
•
Home occupations including home daycare of less than eight children.
Parks, open space and community gardens.
Parking and Driveways.
Utility and irrigation distribution lines, facilities, ditches, diversions,
water storage, treatment, structures,fencing, enclosures and other
related improvements.
Temporary uses relating to sales and construction activity(i.e. sales
and/or job trailer).
Section 4.03: Development Standards.
Total Floor Area Ratio: 60%
Total Impervious Coverage Ratio: 60%
Setbacks shall be:
-Front(Murray Road) 10 feet
-Side 10 feet
-Rear 10 feet
Building Height: 48 feet
Section 6 Fox Hollow-Lot 4.
Section 6.01: Intent. Lot 4 is the area in which a building that includes commercial
on the first floor and live/work space on the second floor.
Section 6.02: Permitted Uses.
All existing uses and improvements.
First Floor: Commercial uses listed on Attachment 3, including but
not limited to:
-Retail pet services
-Pet training
-Pet grooming facilities
Second Floor: Live/work residential. Work space is limited to
professional office space. A maximum of 2 dwelling units are
allowed.
16
•
Parking and roads.
Utility and irrigation distribution lines, facilities,ditches, diversions,
water storage, treatment, structures, fencing, enclosures and other
related improvements.
Temporary uses relating to construction activity(i.e.job trailer).
Residential units intended to be used as employee housing for the
neighboring veterinary clinic and related pet services.
Section 6.03: Development Standards.
Total Floor Area Ratio: 30%
Total Impervious Coverage Ratio: 70%
Setbacks shall be:
-Front(Fox Hollow Drive) 25 feet
-Side (Murray Road) 10 feet
-Side (east) 12.5 feet
-Side (Lot 1) 10 feet
Building Height: 30 feet
Decks: No decks are permitted.
Section 7.0 Fox Hollow-Tract A.
Section 7.01: Intent. Tract A is the area in which the clustered affordable housing and
market rate duplex development will be located.
Section 2.02: Permitted Uses.
Residential, duplex, triplex and fourplex buildings -maximum of 16
dwelling units
All existing uses and improvements.
Parking and roads and pedestrian circulation.
Utility and irrigation distribution lines, facilities,ditches, diversions,
water storage, treatment, structures, fencing, enclosures and other
related improvements.
17
Temporary uses relating to construction activity(i.e.job trailer)
Recreation
Section 7.03 Development Standards.
All existing improvements may remain,be maintained, modified, replaced
and/or repaired.
Minimum Lot Size: 2,000 square feet
Total Floor Area: 1,600 s.f.per dwelling unit
Total Impervious Coverage Ratio
of Tract A: 60%
Perimeter Tract A Boundary Setbacks shall be:
-Front (Murray Road) 15 feet
-Side (Edwards Design & Craft Center) 25 feet
-Side (west) 15 feet
-rear (south) 20 feet
Building Spacing: Each Duplex Building must be located a minimum
of 10 feet away from any other building.
Building Height: 27 feet
Decks: Decks are permitted within building envelopes shown on
Final Plat.
Section 8.0 Indoor Water Use Requirements
Indoor Water Usage
The following water use restrictions shall apply only to Lot 2 and Tract A l of Fox Hollow.
Fox Hollow is committed to the responsible and efficient use of our water supply. Water is an
invaluable natural resource that sustains the strong economic and social vitality of the
mountain community in Eagle County and must be conserved wherever possible. In order to
reduce the overall demand and impact on this water resource, Fox Hollow Lot 2 and Tract Al
shall adhere to an indoor usage water budget goal of no more than 200 gallons per day per unit
and shall be responsible for managing use to this limit.Any use in excess of this goal may be
subject to an excess use fee as determined by the Upper Eagle Regional Water Authority. The
following table for indoor usage outlines the project's goal of 200 GPD/SFE by month:
18
Table 8.1. Indoor Water Use by Month for Fox Hollow Lot 2 and Tract Al
6.2 6.6 6.2 6 6.2 6 6.2 6.2 6 6.2 6 6.2 73
."_: 5714 4572 535.4 522 533.4 522 535.4 533.4 522 535A 522 594 5351.0
Section 9.0 Lot 2 and Tract Al -Irrigation System Requirements.
Fox Hollow Irrigation Plan and System Requirements
Purpose:
The following irrigation design and soil criteria shall apply only to Lot 2 and Tract Al of Fox
Hollow. The purpose of this section of the PUD Guide is to establish requirements related to
outdoor water use efficiency requirements. These requirements may by adjusted with approval
of the Eagle River Water and Sanitation District if such adjustments maintain the water
efficiency goals as outlined in these requirements.
Additionally, this section establishes a maximum allowable outdoor water use limit for the
development to insure this development does not exceed its outdoor water allocation as
established by the Water Dedication Requirement and Water Rights Dedication Policy of the
Eagle River Water and Sanitation District as well as the Water Service Agreement between
Fox Hollow and the Upper Eagle Regional Water Authority(Authority). The maximum limit
is enforceable by the Authority and the County. Specifically, Fox Hollow will not exceed
413,831 gallons of outdoor water use in any year1 after the second growing season. The
following monthly budget is based upon a total irrigated area of 12,320 SF of buffalo grass
lawn and 20,569 SF of native grasses and the plant material list dated August 27, 2018 and
attached as an appendix:
Table 9.1. Outdoor Irrigation Water Application by Month for the lot 2 and
Tract Al.
Maximum 58653 94497 107531 84721 58653 9776 413831
Gallons
The Authority recognizes that new plant installations and revegetation of disturbed native
areas will require additional irrigation application for establishment that will exceed the
outdoor irrigation budget amounts in the first two growing seasons. Therefore, the Authority
will allow for temporary establishment irrigation as outlined in the Temporary Irrigation
section below.
Documentation:
The following documentation is required for the Fox Hollow PUD The Authority and County
reserves the right to conduct audits as deemed necessary.Audits will be conducted if there is
any indication that the criteria have not been followed.
19
The Irrigation Documentation Package:
The Irrigation Documentation Package shall include the following four (4) elements:
1) Project information
a) Date of Submission
b) Project contacts for the project applicant, landscape and irrigation system installer,
and property owner
c) Project address (if available,parcel and/or lot number(s))
d) Total irrigated area (square feet) each for both permanent and temporary areas.
2) Applicant signature and date with statement, "I agree to comply with the requirements
of the Fox Hollow Irrigation Plan and System Requirements Section of the PUD Guide
and submit a complete Irrigation Documentation Package".
3) Landscape Design Plan with Soil Information
a) All applicable soil criteria and standards shall be noted on the landscape design plan.
b) A soil analysis report and associated information shall be provided if the project
applicant chooses to appeal the standard soil amendment criteria.
4) Irrigation Design Plan
Compliance with the Irrigation Documentation Package:
1) Prior to construction,Authority shall:
a) Review the Landscape and Irrigation Documentation Package submitted by the
project applicant.
b) Approve or deny the Landscape and Irrigation Documentation Package.
c) Issue a building permit or approve the plan check/design review for the project
applicant.
2) Prior to construction, the project applicant shall:
a) Submit a Landscape and Irrigation Documentation Package to the Authority and
the County.
b) Receive the authorization to proceed from the Authority and the County.
3) After construction and prior to the issuance of the Certificate of Occupancy, the
Authority and/or the County shall:
a) Conduct an inspection and review the irrigation audit report at the request of the
applicant to ensure compliance with the approved plans.
Irrigation Plan Requirements:
This section applies to landscaped areas requiring permanent irrigation. To ensure the efficient
use of water, the irrigation system shall be designed, installed,operated, and maintained in
20
accordance with best management practices outlined in current edition of Landscape Irrigation
Best Management Practices by the Irrigation Association and the American Society of Irrigation
Consultants.
Irrigation Plan
The Irrigation Plan, at a minimum, shall contain:
• A scaled plan showing property lines, easements, existing or proposed structures,
impervious surfaces, and existing natural features;
• Location and size of the point of connection to the water supply and meter location(s)
along with static water pressure at the point of connection to the water supply and
dynamic water pressure for proper system operation;
• Installation details for each of the irrigation system components:
o Location, type and size of all components of the irrigation system, including,
backflow preventer, smart irrigation controllers, main and lateral lines, manual
valves, remote control valves, sprinkler heads, moisture sensing devices, rain
switches, quick couplers,pressure regulators;
• An irrigation legend showing the type of irrigation components;
• Specification sheets including, at a minimum, the following information shall be
provided for each type of irrigation component:
o Flow rate (gallons per minute), application rate (inches per hour), design operating
pressure (pressure per square inch) for each irrigation zone;
o Information demonstrating that all irrigation emission devices meet the
requirements set in the American National Standards Institute (ANSI) standard,
ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard"
authored by the American Society of Agricultural and Biological Engineers and the
International Code Council must also be submitted.
• Clear indication of separate irrigation system zones;
• Hydrozones must be clearly indicated;
• Installation legend showing the quantity and type of plant;
• Required irrigation application rate for each type of plant;
• Clear indication of all temporary above ground irrigation components and zones
Irrigation System and Planting Installation Requirements:
Irrigation System Design Requirements
• Sprinkler spacing shall be designed to achieve the highest possible distribution
uniformity using the manufacturer's recommendations.
• All sprinkler heads installed in the turfgrass areas shall have a distribution uniformity of
0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard.
• The landscape and irrigation design shall prevent water waste resulting from inefficient
landscape irrigation on existing landscapes by prohibiting runoff from leaving the
target landscape due to low-head drainage, overspray, or other similar conditions where
water flows onto adjacent property, non-irrigated areas,walks, roadways,parking lots,
or structures.
21
• Each remote control valve shall irrigate a hydrozone with similar microclimate, soil
conditions, slope, and plant materials with similar water demand.
• Relevant soils information such as soil type and infiltration rate shall be utilized when
designing irrigation systems.
• Narrow or irregularly shaped areas, including turfgrass areas,less than eight feet in
dimension in any direction shall not utilize overhead sprinkler irrigation.
• Slopes greater than 25% shall not use sprinklers with an application rate exceeding 0.75
inches per hour unless irrigation designer specifies an alternative design or technology
and clearly demonstrates no runoff or erosion will occur.
• Sprinkler heads and other emission devices shall be selected based on what is
appropriate for the plants and soil type within that hydrozone. Individual hydrozones
that mix high and low water use plants shall not be permitted. Minimum pop-up height
for sprinklers in turfgrass areas shall be four inches.
• Check valves or anti-drain valves are required on sprinkler heads where low-point
drainage could occur.
• Low flow irrigation system shall apply irrigation water via point source emitters,
dripper lines, microsprays and/or bubblers as appropriate for any mulched planting
areas for any vegetation that will exceed 12 inches mature height.
• Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and
turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of
the root zone shall be considered when designing irrigation for the tree.
• Temporary above ground irrigation to reestablish native vegetation of disturbed areas
shall be on separate zones from permanent irrigation system
• Temporary Irrigation shall be physically removed after two growing seasons.
Required Irrigation System Components
• Backflow prevention devices shall be required to protect the potable water supply from
contamination by the irrigation system and comply with local plumbing codes.
• Manual shut-off valves shall be required to minimize water loss in case of an emergency
or routine repair at the following locations:
o As close as possible to the point of connection of the water supply
o On sections of larger systems to isolate zones
• Dedicated landscape water meter(s) shall be installed.
• Smart irrigation controllers labeled by U.S. Environmental Protection Agency's Water
Sense Program or with published reports posted on the Smart Water Application
Technologies website.
o If a flow meter is used, then the controller shall be able to use inputs from the flow
meter/sensor to control irrigation if flows are abnormal.
o Controllers should be programed to adhere to the Authority's most current outdoor
water use schedule.
• Sensors that detect rain, freeze, wind, and soil moisture shall be installed with the
capability to alter irrigation system operation as appropriate for Edwards, CO climatic
conditions given unfavorable weather conditions or when sufficient soil moisture is
present
22
• Pressure controls and appurtenances to meet the required operating pressure of the
emission devices within the manufacturer's recommended pressure range for optimal
performance
Irrigation System Maintenance and Management:
Irrigation management includes planning water use, monitoring water use and verifying that
equipment is maintained and properly adjusted for optimal performance. As the landscape
matures, adjustments to the system shall be in harmony with the original intent of the
irrigation design. Scheduling of irrigation events shall match the needs of the plants to
maintain health, appearance and meet the function of the landscape. Irrigation systems shall be
maintained to ensure proper operation and function for water use efficiency.
For the efficient use of water, all irrigation schedules shall be developed, managed, and
evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation
scheduling shall be regulated by smart irrigation controllers that utilize evapotranspiration
data or soil moisture data.
If operation of the system is not in accordance with monthly irrigation limits, Fox Hollow will
perform an irrigation system audit and implement recommendations as necessary to meet
limits.
Soil Criteria:
Soil Amendment
• Topsoil of permanently irrigated grasses (including turf), shrubs, perennials, and
annuals shall be a sandy loam to a depth of at least 6 inches (6") containing at least 5
percent (5%)organic matter by volume.
• Tree soil shall have a minimum depth of 3 feet (3')or shall be a minimum planting hole
diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil
layers shall be sandy loam. The top soil shall be at least 6 inches (6") and have 5 percent
(5%) organic matter by weight and subsoil shall have at least one to three percent (1 -
3%)organic matter by weight.
• A minimum of four (4)cubic yards of organic matter soil amendment per one-thousand
square feet of landscaped area shall be required as necessary to meet or exceed the 5
percent (5%)organic matter specification.
• Soil amendment organic matter shall consist of either Class I and Class Il compost.
Soil Preparation
• Amendment shall be tilled to a minimum depth of six inches (6").
• Site shall be graded to within two-tenths of a foot (2/10th')of the grading plan.
• Site shall be free of rocks and debris over one inch (1") diameter in size.
• Site shall be free of dirtrclods over three-quarter inch(3/4")diameter in size. Dryland
seed areas may contain dirt clods up to two inch(2")diameter in size.
23
•
• Stockpiling-Stripping and stockpiling of indigenous soil (topsoil) shall be required
during construction. The replacement of this soil,plus additional soil amendments, are
critical to successful plant material establishment,ongoing health, and efficient use of
water through the life of the project.
• All applicable soil criteria and standards shall be noted on the landscape design plan.
Written verification of approved soil amendment type and volume is required. Projects
with inadequate soil amendment and preparation will not be approved.
Soil Inspection
• Soil inspections prior to installation of plant material may be conducted by the County
as deemed necessary and shall include a review of adherence to all criteria and
performance standards.
• Written documentation reflecting approved volume and type of soil amendment, such as
compost delivery batch tickets, is required upon inspection.
Organic Mulch
• Shall be applied at one (1) cubic yard per eighty (80) square feet at a depth of four (4)
inches, and as appropriate to each species.
• Shall be applied to the soil surface, not against the plant stem or high against the base of
trunks to minimize disease.
Inorganic Mulch
• Inorganic mulch includes rock, gravel, or pebbles.
• Rock mulch shall have a minimum depth of two inches (2").
Irrigation System Verification:
Proper installation of the landscape and irrigation system shall conform to the Irrigation Plan
approved by the Authority and County. Testing of the irrigation system will be completed by
the Authority and/or the County and will require an Irrigation System Audit prior to issuance
of a Certificate of Occupancy. The following Documentation is required:
Irrigation System Audit
• All Irrigation System audits shall be conducted by a third party certified landscape
irrigation auditor. Irrigation audits shall not be conducted by the person or company
who installed the irrigation system.
• The project applicant shall submit an irrigation audit report to the Authority and the
County. The irrigation audit report may include,but is not limited to: inspection,
system tune-up, system test with distribution uniformity, reporting overspray or run off
that causes overland flow, and preparation of an irrigation schedule, including
configuring irrigation controllers with application rate, soil types,plant factors, slope,
exposure and any other factors necessary for accurate programming.
24
• The Authority may administer programs that include, but not be limited to, irrigation
water use analysis, irrigation audits, and irrigation surveys for compliance with the
Water Budget.
25
AZT 111/4CN41'SZ 1
014
—_`- i. N�
0 es
j st7 '� i N y 'O
t) Ivo
p�elimi -00lan 30 r, � a.
.a I °v 5 e v
POP
4 -dIZ "F I I ilif114,41• z 1
ft
\\, I/ 4" \ * <V17/ I Ni Iiiiil ci ,,
--;\ -- II.
/: ts '!t'
r�► ' if;a. l
t Aim •i ii
� tWI 0, 3 1 t
\ lj ie -% '
7 s 40 __.„ 00 ,
1 :.,, , 4 ES
Il al 1i.
1 •41,4111' •%..
1
an
' ) immy . . Iwo ift.airy
1 105 4-- .
,
W
, # / UM jr1010.1111.'
I or ,,,„„„,6„,„„,„,„„,....
,,
o N
\ iii r op, .1/0////////r
\ tki ilorirr ti)
i.,,
4.,. .....
... 4,,,s„,,
g1,01
',.ii,,
, , ,,..„13 tr)LI-
AO, ,
air 6111
I Pe
telt
p� CO tn
t
/ a) . th
of.,. 7u
2
u,
_____
_________
___________
of 47
esa77z
B
ATTACHMENT 2
•
\ \ Rqt •A
I \
.= - '. , imi,-, ,...,-- - .. ,..
... .. „,...,,,e; ,,,,-,„„, :-- ,,,,,.. _. .,, ,
I riji, 1
i
+i;up i 111711--
2
VI
s.1 iii 0 til1:: ,i II!
\�,.��� 1 �
, (. ii � �� I li� b
! ' P 1 1
Ofr
I 1 Ir:i■kriJJ!J.
1 j•
i 1la I
. .�iE \,...,......\_i_....____
men rli �
I /ice- --.-.7,.-- -—-— I Mwe I° I A[,RIr ROAD
IJ I ((Al— - Meoff
' I( — --1) 1—
I Ill II
; i
1 : , Ih,
I L L
I AG°I Al D 1 J �� I
a I WNW ORM&
L . a h'. - = I L
RI°fA
\ Ill _ . L
LT
, ,.,
I.
•
J .� 3 ; i QVE��„L 4`" POPULACE/DAP ARCHITECTS,INC
Inter-Mountain
.,.,-_11,
T9a 4
FOX HOLLOW a1X'ai°m.`.,, '�„�/�y1�r�,DLV� I1�l/n�
.
to 2,TRACT 8&SEC 5,T55,R82,PARCEL 3 _ :Flru AtlENGINEERING
^ EAGLE COUNTY,COLORADO `‘,Z,?.:::r47,2.11=22:7",== CfWl B 6:47. .Al4tnnt,r.
•
•
ATTACHMENT 3
Fox Hollow Recommended Plant List
The list provided below is not all-inclusive nor does inclusoin of a plant guarantee survival. Specific
site constraints and conditions, such as orientatoin,earth forms, soils,and structures on the site should
be carefuly considered in plant selection,
Water demands are noted by these ratings following the Common Name:
Moderate Water use(14"/season)
"Low Water Use(8"/season)
"""Very Low Water Use(4"/season)
Evergreen Trees
Common Name botanical Name Selection!Plantina Tios
Engleman Spruce " Picea englemanni Slow growing,hardy.Not Drought tolerant
Colorado Blue Spruce * Picea pungens Not for extremely dry bcations.Not
Drought tolerant.
Bristlecone Pine"" Pinus aristata Pines need well drained soils.
Pinyon Pine""" Pinus edufis Very lowwater use.
Ponderosa Pine "" Pinus ponderosa scopuforum Drought&fire resistant ornamental.
Rocky Mountain Juniper "" juniperous scopulorum&var. Available in native form or a wide
selection of varieties offering different
size,shape and foliage colors.
Deciduous Trees
Common Name Botanical Name Selection/Planting Tips
Tartarian Maple Acer tartaricum Fairly drought tolerant, and less
susceptible to chlorosis than Amur
Maple.
•Box Elder" Acer negundo There are other more desirable
landscape trees,but may be useful in
difficult growing conditions.
Rocky Moutain Maple"" Acer glabrum h protected locations with adequate
deep soil moisture.
European Birch varieties* Betufa pendula &var. Use where soils stay moist in top 18".
Not recommended for southern aspects.
Western Hackberry"" Ce/tis occidentalis Low water use.Ornamental.
Fox Hollow Recommended Plants
Green Ash ** Fraxinus pennsy/vanica Avoid dry southern exposures.
lanceolata
Thornless Honeylocust Gleditsta triacanthos inermis. Survival of young trees may be
Varieties: Shademaster, questionable in exposed situations.
-Skyline,hiperial* Protect bark for first two years.
Native Chokecherry*** Prunus virginiana Hardy to at least 8,500'.Sm all tree or
mianocarpa large multi-trunked shrub.
White Poplar* Populus alba Native. Best with moist soils.Will show
stress of drought conditions.
Quaking Aspen ' Populustremuloides Groupe+G102d plantings only. Requires
moderate water use and moist soils.
Bur Oak*** Uercus macrocarpa Fast growing, glossy green,white
leaves. Low water use once
established
Shubert Chokecherry*** Prunus virginiana shubert Small tree or large multi-trunk shrub.
European Mountaih Ash* Sorbusaucuparia Survival of young trees may be
questionable in exposed situations.
Hardy to at least 7,500'.
Evergreen Shrubs
Common Name Botanical Name Selection/Planting
Pfitzer Juniper *** Juniperous chinens:s Fast growing"hardy, low water use..
Chinese Juniper Juniperous chinensis var. Fast growing,hardy, low water use.
varieties***
Prostrata Juniper Juniperous hodzonta!is var. Snow cover may be desirable for winter
varieties*** hardiness" Fast growing, hardy,low
water use.
Tammy Juniper*** Juniperous sabine Fast growing, hardy, low water use.
tammariscifofia
Big Sagebrush *** Artemisia tridentate Native, Hardy to 9,500'. Extremely
drought tolerante once established, and
attractive to wildlife.
Creeping Grape Holly** Mahonia repens Native,low creeping evergreen. Best
used with dark mountain soils. Drought
tolerant.
Mugho Pine** Pinus mugo mugus Slow growing, small tree or large shrub.
Fox Hollow Recommended Plants 2
Deciduous Shrubs
Common.Name Botanical Name SelectionfPia ntina Tipp
Serviceberry """ Amelanchier Plant up to 10,000'. Attractive to
wildlife.
Japanese Barberry Berberis thunbergi var. Susceptible to winter burn.
varieties"
Siberian Peashrub"" Caragana arborescens Tolerates dry sites well. Yellow,sweet,
pea like flowers inearfy summer.
Cinqufoi!" Potentilla fruitcose and var. Hardy to 11,000'.
Winged Euonymus* Euonymus a/atus Hardiness may be questionable in
exposed situations.
•Wintercreeper Euonymus vegetus Need good mulch or snow cover to
Euonymus* "Coloratus" insure winter hardiness.
Forsythia Forsythia intermedia Eary bloomer,needs pruning. Moist
soils.
Rubber Rabbitbrush""" Chrysothamnus nauseosus Hardy to 10,000'.Attracts butterflies
and wildlife.
Bearberry Honeysuckle' Lonicera involucrate Hardiness to 10,000'.Native in moist soils.
OregonGrape Holly— Mahonia aquifolium Hardiness may be questionable in
exposed situations.
Potentilla varieties ** Potentilla var. Hardy to 10,000'.
Chokecherry* Prunusmelonocarpa Hardy to 9,000'. Moist locations only.
Western Sand Cherry" Prunus besseyl Native.Hardy to 8,500'.Attractive to
birds.
Woods rose"" Rosa woodell Native. Hardy to 10,500'.Attractive to
birds.
Staghorn Sumac• Rhus typhina Native.Often more shrublike at higher
elevations. tikes dry slopes.
Western or Alpine Ribes inerme or afpinum Native. Hardy to 10,000'.Attracts birds.
Currant"
Peking Cotoneaster""" Cotoneaster acutifolia Hardy above 10,000'.Tolerates dry,
rocky sites.
3
Boulder raspberry * Rubusde/ic%sus Native.Hardy to 9,000'.Shade tolerant.
Redberried Elder Sambucus pubens Native. Hardy to 12,000'. Needs moist
soils.
- Vanhoutte Spirea* Spiraea vanhouttei Native. Probably hardy to 9,000' but
may suffer some winter kill.
Snowberry * Symphoricarpos a/bus Shade tolerant. Hardy to 8,500'.
laevigatus Attracts birds and small mammals.
Antelope Brush** Purshia tridentate Native. Hardy to 9.000'. Good for rocky
south slopes.
Late Lilac (& var.)* Syringa villosa Native. Among last to bloom of lilacs
(July in high efevations).
Wayfaringtree viburnum* Viburnum lantana Hardy to 8,000'.Gray-green foliage.
European Cranberrybush* Viburnumopu/us Best with supplied water.Hardy to
10,000'.
Ground Covers
Common Name Botanical Name SelectionfPlanting Tiza
Carpet Bugle"" Ajuga reptans Fast growing. Low water use.
Snow on the Mountain * Aegopodium variegatum Most ground covers will require snow
cover or mulch to insure winter hardiness.
Snow-in-Summer *** Cerastium tomentosum Perrennial,spreading dense, tufty mats of
silvery-gray leaves, white floewrs.
Kinnikinnick ** Arctostaphylos uva-ursi Leathery brown ground cover.
Wintercreeper Euonymus vegetus Evergreen ground cover.
Euonymus* "Coloratus"
Mint ** Mentha spicata Low water use once established.
Golden Carpet Sedum acre"Utah" Low water use once established. Good
Stonecrop *** for rock gardens.
Orange Sedum "" Sedum kamtschaticum Low water use once established.
Two-Row Stonecro **" Sedum spuriam Low water use once established.
White Clover * Trifoliumrepens Sunny locations. Takes light foot traffic.
Fox Hollow Recommended Plants 4
• , r
•
Lawn Grasses
Common Name botanical Name Selection/Planting Tips
Kentucky Bluegrass Poa pretenses High water use,in most fescue mixes.
(Improved Disease Likes moist soils.
Resistant Varieties only)
Park Kentucky Bluegrass Poa pratensis 'Park" High water use.Likes moist fertile soils.
(Improved D'sease
Resistant Varieties only)
Red Fescue Festuca rubra& var. Not for high traffic areas.Cool season
grass. Medium to clay soils.
Buffalograss"" Buchioe Dactyloides Low water use.Medium to fine texture
soils.Can combine with cool season
types.
Blue Grama"" Boutefoua gracilis Low water use.Medium to fine texture
soils. Can combine with cool season
types.
Additional recommended plant
materials:
Patamore Ash
Tower Populus
Ginnalia or Flame Amur Maple
Blue Avena Grass
Feather Grass
Little Bluestem
Smooth Brome
Crested Wheatgrass
Western Wheatgrass
Fox Hollow Recommended Plants 5
ATTACHMENT 4
FOX HOLLOW COMMERCIAL USE SCHEDULE
R=Use By Right;L=Allowed by Limited Review:
S=Allowed by Special Review;
Retail Uses,Restaurants,Personal Services and Offices
apiiance Sales �, R
Appliance Service or Repair L
Art Gallery R
Bank L
Barber or Beauty Shop R
Book, Music or Video Store R
Clothing or Dry Goods Store R
Computer Sales Store R
Computer Service R
Open Air Market R
Feed Store R
Food or Beverage Store or Bakery R
Furniture Store R
Hardware Store R
Kennel L
Laundromat R
Laundry or Dry Cleaning Pick-Up Station R
Medical or Dental Clinic, including acupuncture R
Office, Business or Professional R
Pharmacy R
Photography Studio R
Print Shop or Publishing R
Private Club R
Reading Room R
Restaurant-limited to 3,000 sf;sole proprietor R
Shoe Repair R
Studio for Conduct of Arts and Crafts R
Tailor Shop R
Veterinary Hospital R
Industrial,Service-Commercial and Wholesale Uses
Telecommunication Facilities S
Wireless Internet Telecommunication Facility L
Residential Uses,Home Uses and Accommodations
Day Care Center L
Dwelling Units R
Nursing or Convalescent Home S
Public Facilities, Utilities and institutional Uses
Community or Public Administration Building R
Educational Facility R
Fraternal Lodge R
Open space or Greenbelt R
Park and outdoor Recreation/Recreation Facilities R
Temporary Uses
Temporary Building or Use L
Uses 1 10/19/2005
934772 46 OF 47
• •
Attachment 2 cont.
L. Allowed by Limited Review—Uses that are allowed,subject to limited review.
The Eagle County Community Development Director shall verify that development of
the use complies with all of the standards and requirements of the Eagle County Land
Use regulations pursuant to Section 5—2100,Certificate of Zoning Compliance and
section 5—300 ,Limited Review Use.
S. Allowed by Special Review—Use(s)that are allowed,subject to Special Use
Permit. The planning Commission shall make a recommendation and the board of
County Commissioners shall conduct a public hearing to determine whether the special
use complies with all of the standards and requirements of the Eagle County Land Use
regulations pursuant to Section 5—250,Special Uses.
•
934772 47 OF 47
ATTACHMENT 5
Fox Hollow PUD Comprehensive Parking Plan
October 15, 2018
The Fox Hollow PUD includes a parking variance request from the Eagle County Land Use
Regulation ("ECLUR") requirements.
The Fox Hollow Comprehensive Parking Plan for Lot 2 and Tract Al has been designed to provide
availability of 180 on-site parking spaces. See attached Exhibit A, Sheet Parking Plan.
The parking management plan will provide for assigned parking for 2 spaces per three-bedroom
unit, 2 spaces per two-bedroom unit and 1 parking space per one-bedroom unit plus 11
unassigned/guest parking space. Six of the unassigned guest parking spaces are restricted use
and designated as handicap accessible.
Each three-bedroom home and one two-bedroom townhome will have one parking space in its
own garage and one parking space in front of the garage door.
The one and two bedroom flats in Buildings A, B, C, D, E, J, K, L, & M will be assigned surface
parking spaces.
Each two-bedroom unit in Buildings F, G, H & I will have two tandem garage parking spaces.
Parking will be controlled through a parking management plan under the authority of the
homeowner association.
HOA Rules and Regulations will include the following points:
• Owners will be required to register the make, model, color and license plate of each
vehicle with the HOA.
• Owners will not be permitted to park registered vehicles in designated guest parking
spaces.
• Guest parking will be limited to 24 hours of continuous use.
• Violations of parking will be dealt with by the HOA Management Company and a
boot/towing company of their choosing.
o 1st infraction:warning
O 2nd infraction: boot
O 3rd infraction: towing
The fourteen (14) parking spaces on Murray Road are located in public right of way and are
available for public use, including but not limited to residents and guests at The Residences at
Fox Hollow. These on-street parking spaces will be maintained and managed by the Residences
at Fox Follow Homeowners Association and will be limited to 24 hours of continuous use.
1.//1
0 oI
1
P 1
hdor .; I i I
I el I
o ,
W
L
� it ' I
'..W °�� i ai :.pR
1
I
I \ ° cv, zvi ,v, vm
I � _ I J-- —
1
� � r.� � zR� � �R� � De, � ,,, ��,,r\ .�, R., vel ee� I
I.} �l S /Y_
HURRAY ROAD I _ MURRAY ROAD
(ROW VARIES 25'TO 50') 1
b on\I
11
jjl 111
3NI -----�— A '�
. .
--1 1
�I• ——•� sz se F NJtl9135,0 I. 'I 1 ! ?E7 ,V
„l`Y:VIII 1 illi i1,,, , ,,...,;,• -
, .
I �.r 1 w 11 I Zi
I — . R. ' I 4 31--:; I p �.I :1]-11F—Lit-'• .
J
I i O 1_—_ • " C
,. ,z ,,,. _:III 1 ., :,�,, . .—+nwI
` 1 q�"'',:.-dun ,ter■ d r o�I' nl.. > ».x� �d,
I ' ' Z.-LI N 1 a - I- „ 0,.x'1..1 (-_ 1
II o1 �...I r?.«..c-, r .: o. �. hm._.Fyf1i 1 b—
zn - ,-.. ...... .� . F.
--1111:_. .,;�-:. �. ;t...
Or' I • ml .. I
s .._i. s ® _I _l. NJV8135 AI �4 _,\‘`,�.
0 1 n � 1
o I fill IN I G �J dtiE"_ ., I i .,
A I '� p.. IQ . . ti ` 1 •
m I ��������� m ,, k Im .s mr i'1 �mx. 0 9
9.„ .9 r mmlo .
1 8 I t':j.nn'.._.!, :T.- 3 i.¢va. .� ji 1.
i l' ,. xl Ir I, .. _ (r'�_.s i. II, - -- , \. _P,
et —
5
I NS
zc
„.,nol, ----(
%.9..
„ 1. �_1... - 4 iii 1: ..
I.li
« ,l�ff'7 rn Hifi
CM \ ,,:-,,
$ �R
rl
'\• .c � � r sR -«ter' . !! 1_. mai ..
b . ' Tbwa o -1` /
..h ,� bVPz:«:.
,
f a \ �
,A
i.
::
(\i'.
'\ \ '�"`.: y,,.Cz``�*"f f
*fp
x .sb\�\\ ,,t by I`tea ' 4;, �. 1:K . it rm, _.-.u._u
\ "y`PROP :g"', O ''-'''-1,.]2
F.' _.-.nc..1111:..---i
,.., .. ---...- ._ I—
•
--•,� .
•1 _
6 Y •
7 \OW VIES)& 4 ^\\ ••� ',•*a:'\ • -
om B-- -4;— 1\ • *4*-� i
\
s! PARKING PLAN ""r POPULACE/JMP ARCHITECTS,INC.
aAarr-Mountain
p
FOX HOLLOWS PUD NGINEERING
N LOT 2,3 TRACT B h DECSEC 6, 2,PARCEL 3
N - EAGLE COUNTY,COLORADO i...i«.,.n...r....i.,.i r•....., „u wo1.`,�E�.H erneewrou.8...n.e,w.wm an.,+er xo Dort
RENS. e.
F.' " E x 3
gi°�« ^c un. . .2°c'nLLn § n° �mc�gvm Ldao�£m�c,t°e« n m3
b o,m�E 2 iF,�o «gmN No1�o0 c3 a'ns8g._ 'wN . 9'c
oib cat :mvtri�8=v5dc ctodN 'f,, *20. m HIP443:1.2� a'n
ril
c2tE Eomy mt-d7$Evccoi2 nL'oyElE'm 3yS� n�=oEFm^cco� ymc
0 - -._=-mm3o yanK .. Nn «mn Nm ynn� E�
�_ a 'if,'"
m4'Le d 7 -N=3Ev a7 m5 ays2..e 0 9'-
yam- Mg. �y me cmW cn >iU ycdyO10'Wac ad>3U `mn9co'6w cEm>3U N
_ �3 om dmoyw o �W
m Mi
Mg. Evl�o OI AL2t Em9EiZ oo8.1 n d Ed-va"1mN �u. ;
�E'ou n.�y > Ams �E'oE n�.b d>EnmToE2 n°a mmn�t
y C G Y 'O>i C d u C T C V N m T ry d N O a C C o a d d T 7.2'1'5 d
X °"' v Aly �dNrncdoc, adg ir:MEEngii- dEigtincrnom� a i
SyE Ee`
W -2,8- 2T:-
E w dmy� uto EN °i um "2�o.e g;j2EL,o� aai m .
e a g 7%31 g«i i u U"n a o 1 nv o U c nT0 3 v 3 m na o u c .o d 0 xTx>"
amo�0- .0' m `cam EL2 W o o �g ao n o Ynb�$
c"0 ci - HE w3 mad cd o n nU n.tot£ m ad m>o a at a..cox 5 m ad a>a a t)aStoxt OE-3'
m
' �❑o rndmarn
E Nc Et o,O 0d lb
voma U'o-' ii
YggmN UCC . tdNOCC O t= 0 PaiZC2 OCC 1W ill WE Iii 3UWit3 vua= lit
CN : Iii W£E ong "d do 'a1au1aigal! Eoc=oEo ` immc30 24 Ig3tE a'0° hEa LIn8 n lA m_a oa . amm 7: .IjOlmangNE �nmaaYd co yrnNIa, i Aro Lm=ctaN.' ao ?2 :S" :1
ttg :p
^3od ¢ o?arna90 mgra- i,32 `lc>imof o rn -JdaEnM,
ogp !> mmcc0a= ruya_o-Eo g6. onn, -1141:1,10
rnwdua0mOOOdd ndn 1 m atNnLca 2iiit uEm! 3n0�0gaHmccEi-^A ate"utc'f._ TEm? m3Wrn 'E`nF83mW °m8 m eEm8H23wxn� mnawo Wm!
O mc�m_ maiD�_ Na��m= �9vatt�mas TQNi¢Tm�'3 _ E ¢ u3c�ExmNaterx til=Uuim^2n 9
zgra
FF�1
:8' 'r «i vEam~x 413LL al Eum�na nY_Nc,d2cmE Sod=WSad ^Rc-gny .aaq;Wt V1°oc 11°12.6 a 1Tm� « bYjayNn ;;01 .6 !?.:',F,02
ri 2oE«• WC: taU7s2foat asd LLT' wC 4a0p G' 'n?6 ml;O Willi LL�lip4 NON2�E 2
7``r0
c3 tNOaaota'c5 a. emac= `-o 1 NmvayE10C- 22.14-Al '4v1ac. cdd '.�>d Vg- .'1,° f- Ly- .1E2 ° 14- °d 'o3di Twr'.N 0 NOd Nm«9c $Y �Sn ; NLa toN¢9Wa aW N K£amo, �-Lm 6mn0 TWy Umwcoy 7aao71
fgNy g11
11 :4M51
on q111
N Wo0CnaNRC1 PI
WHmNt1 W�L cL ) rL0y, dKt1OJON mCINyA Om i N «t 1 T
gnat
Qm Nat ? Oa« P a mrnaQNO O d d«
—
fi
Njg pmA NC aN mNO Td G _A g 4m2!
dn«Ny « QIMI
O @1 Nd n Y an
5N c _Wall
m II
N Y3n " vc Yr:co wr tv4 0.2
w.
jc w.. WLm Jc UWW H WC WWWm W ,«gU 00 e 7� ° °° as e "HW hi ® moa . ao2. th§3 - 2c8 N a aoa mmE mOgIaneo12§0 cc,;-;,t m;d jo ToNda_ =N 111 mcmE N
11
11
JUof J tan It51.1 3
F "m dNa ENJo Wj F.Wa a4 2.
-1 W� b58E �LLYC_.6O LO 3 , yNE d �NnEn
H
$vvma ill =)1
dNt o" "�r Mt
SIaoy o" NNN O3m .0 mmN N NtNOm d¢.3 Ny i02nKwFL-¢ d7 0NN7 nE epE it tmLY NE " mo iny w ; co
c7JN N N NN '�qQ$¢R
_5.O °m OM, ON U, d -N
xva -2mE .«E o a
aic m0' ',:1,91
ar,o
...2 ma zg
ma to
5 N y" Y«1 m N D nil nG O
w e N« O w
T `fi t.. :St
m•- d C V E t
o� n
co 0
N 3 'a 'a we
al
>'y y
7 ; v �'m am W� t«
Em rn a� aa¢ a �N
y
« N « N 7 V
H! !
N
c7J
L3
!m
u.
.yz ACOryENg LGECtos :p O-L U LF7. N2 tom- Cm moarzN ncrm9iM' 1tO`r°� ?Em ;0075e:
-Of.4i5g LUO LLa=m2Ococ_5n= ,NmvLUC!LLb > o-cNO 0om V = A24Oa1
1
0 aLLON ma _ u LLm NNalNUH NWLCOrr AL `� mN -n_my oCQo9f_m mvaEmcaENtN;2 -, ` ao _ '¢Ngau�-,i""E? ° JU-dQE_vH-Millanit4uliliiii:r!
a721_UE€Os -ac UJNmEA yc ;-d5m^ mEn„oao yiEn°o °,`o3m _ m $_mmW w1ac ° a9m SaaV°oa9 - Et5h mam � mEgni m-5--- 12W.
xL ; m � = p.tE�matyA rf - r w5> C ON=m$oNdcHaGa> °^ -1=m toV =5 doo>^q =c m . c 7,,,,;i1.!mTvc Fumm;Man Ha"mim HrEqmrot,r jnV °' Uwe jo� `EUm "rn_ ` U c. 0'dh :i qw '0
ET,
=:c SGip 14i' nli =!c mo 12
0.
Li;
c ao LL>W NALL>jNC LN HI crnE.dam. m; wa h N , --oacnO-to QaO-A �- v; < N°aNEm mull
m;a -TgI _ NVNT~ (3.;'1'g
Wm`"5 UN-Ojm« WOW *)-3 ;"5A Pi= mievtnr " m yEm
'485,7,
QJyNQ _a a QUJ. M MM MD m mD _ m mE _
A.
g os
A.
2 cJO A5 t.St �L
q o. on 11 °-
8 o N
,132 (t r 8Emc_
m m mE
'c
3
wa dr- Wa
W
m—
ili
.21
am”= T
iil
LRNs "7N2' 5" TOO€d = =o= V db III
dao Iii vaa cm _
`s
a3=
am a" " °"
E
c
b N O O O
t
428
_mmO
d m
°V
-�"413
o0 js
3
_ m0 -dnU a VaN SN %Q N- N. m; JLL LL
11
N y
m o m a m
$m - aim_E' c m �m - aim_ id my
m=m m m ,a r -m W m
m c��Y . N - a m o--" ' s_ A 9 m
• Cm t . O m^.-a N N d C L °C.N O m^C— .L 0 m e ,q E C
_ '^L�c Nr 11,7ca �,_nm�f- _ Nz mem- c gELaEm
�� oE._�.yvcN¢3vm'am ^ E..l.q�a< > W2:om « oa
LLQ« 3 `m ���amiz„Du nmc _;tamcEmSmj�mcaa` !?,6az.
«o o m o��„c a^o.ai°
g c d m A d F a� m'c n m N>o,d o m~>m F�'i m N N E E m c
u ca�'ia J'c_"�m2'ca mea 'o_
U ooam�ca h2T—a°mmc o;a m,coocE�a�aomno Hip;
Ti € m?o L m m'-"`�E Ti_a€o ?o L` m m I E E H N m n
m�a y
��mca 07 as^vAod�^o>v Nin gLaa«ltcVE:i' �m=gaf,
m
�ci glina'tmdE c �.“- -hnanlcmaao ami mE9ac
U�2 o$t0'oE`m ma oa'= na U�2^o�10 o'E(`om�m';�y..o. ?oom ac .
W m N'q:°`c m d€w e d d m c m w m m c m U m w E W- E
o,°-`, at -1 ony °nuL m`rn niag ini -u000um
N^mu�'Y TNO1 v'g nncpP°' a^mUCY'(°iae'w°“' o, cm ymm�
-. « o� Wd�N x�mn3 -�« oE>.W doN axm 3 /-'n 2PN£
m c c L a i m a m m c_x m a m c .. m ?:
,`o av r Gym oma a'''-� =o ° m`w� c Tm�co �w mm dm E
E c o- w ,Z, 2�m ��mrna,—-o EE,('43v rn`am.c•2 „`o z :«m ' -a`rmr;.�a me
8
mEomm�omw�m� E _�rn�'�cua'k�-oE -(oat�: "Enrnyc^�a`co _Q?��uc`ua�ao nEIEoo °uccE
m'R'SHvnnm£`Ua«�o-'L 8._9co$ «nith c.�QL ata av-^� v - coou« ym "c U'v•=
> ENS �EW'>`3>D drn=o om i ._� > ca�'^m°rlaDL.LTh3A�° , SAI
mEF .m_Lm mo�3a�'iEnaauEa 1Oh;F_ mm1 ._ n>9�o�E my�n$aa cWm3H o. Rai
p°�g ct .c� a3ga ntn LL EmoEa°� 2�2=«mnE;uo-,ou,'am; W ra`o ._ g -E
a ogdE$E�a4 , 92_62k-am4ME,. 2 �c. u8 Q.y2.m'9. a,oaQ2=m Q�,vmvo,yS a3Ewmc
Ta :c,� o m oa m
ngcom5� 2 nrn�c�Eoci`o Ntig�EDWn= n9 v4dflm'oz.m°ac-aai tEv4,4.,”t of aic�cm
_ 3_a'�'c' LL'n.c o:. tr°,=£3mmEY'.Q 3 '-'�9£5'L'c��c_ii m''`o occao�t«3m a'a 3 ommu.m i
ma �.`�- I . c�E_lc WIlt L ._:-1: aoo I! «axES s 1142
m o
W-n'aac_w a- `o'z°N m rn�m m m°�v q o;orm,3 m c '�u°o a'tm, o t d�a N�m�,m N m m E a d-u 3 0«d m r ^r ry HMI m
=?m - aa'u1_c_omh^'En�3r^� $m.2 ._«m oEim^ m-o '"mEm'�^°3rn um� TicmN m
q c(a 3�umi m m i a.-c'�F a u n m~c no a m r =a� i i i i i ^°s i H e
Q.r^..E: -o'ravov>o om_c-m,`o_ occo0la/ �41P 00-7 �cucc °C zdEa m n, E
to3,�ntcUy'v',t° �naHIZI AL mnLL� .E yi,w-, aaai`m�na .gacE 6 oa aLL mE Him
nn
H mo - E3 EmNmNNu>L°.m.m mtdd E> �P:m5ma m�EN mmn am�>a$::m me=�-c$> fa(aNmm
K
o m K 10 o c U
U4� Uo� U?W
'Ms"
�U o a,c
a a
00� 00= 00=
I9 Ec yQc mQo
f"'_°,
o m
75 °� °m
<.,_o2
vi ro ni -u
Hi O m
'f m Ot '�01°� '� m
L U`
C2._ 00
L O 82.66 ^F O
,,ggc t53 Eo'i Tagg �aa'E^
N°E m E m N E m
n.E
3.01e.
m mnim
J m 'm m
U EH U EF UmE
IE'Ward Wm` Wcoa
Eo,n E o,n Somi
io aai,»o am,�o
E«m o m E a o W E m o
ran o,E;'i m o E;i' m o,E y
QUJN QUJN
VAN
n n Mc
0 o m
a c c c
H> H H>
C 6f. o^ h
5s.-
V„
n co, `o�
$,. i
oym, . A EE&E` qm0 v N °`o �vm Ac imo c, mF `o VWoqoy Dct ,, cac - a 'io E> am_ R` o°-
E mwLaiEa ..'ocmc3
oncco A �82E m Q;rt '415:11 lc ;Willi
cc__
rrLJ$ c,2cNamcmc ELmoo -oaVi
i!
:
mm� - U -.mt8^E,oanomttL dEvSo 011E14 tilLa ' « tE°`
U E- mv 2A ?oUrnEiimL ; „ fln0ca IvmCrn >1E
6u « camo �aS«mac yc a0m «o roy«aecmcodc°030 ^ E. 0t4o-nilrh oda IIIacigc5;=; EU3 �c; ilrE gmqomE1y5�tnurH3mntOulO ,t� 3Hm2cmm1tmn-Ig' manaHncterom.,...
° J .. ya u
-m u 5�cn°
`
n$ po omo o�a9cLg. �1VII. 2° , a¢
m
Elu2n ERG -yNZbu _Nmd2Ac c 5Nr cmTc« -=og'm cmc AE mvEmToWo mE
A�cEoo me .0 > gE2 c
3,1
35 Esc gE3 yE tAg EcdV r c' ..§. cm fid5>a3 c1 ';11. I Ni21 ill ! f-F: a~ 7cN- m' .cr 'c° i iii lf,i1. d c20cm FM c872C oge' NN23Otg5,mLmm00O > I4 d C88°�cc $fin"mm - 3Haa OmaE raEmm mnn¢u mnNHc¢mnw..
7.ell ,72
O U
v n c
ac
ymw ;I
N CCC Nc N Uc Cm PE; oimoomm 130v` 01111
Iliiliftoo°N mom & °Em= 4mtg 5E° �` o mo.. nlpi , mac 4 i �O!NLit~ LL> Wdd . am sEcmL� i va (73*
5 V301 �o0 niR m snO dT =0
LLLLLLaF S - JNx° m at W3Wmaiwa gpCN dn«tT aiT aNmT
m-m Wo lin
' 2 NL m
¢ n i- 2 ¢UJW _ <. 2
21
E F> d' F N > o> II N 3�' Z C[s O t a F 0 NN p_'N H, S 7 C J C W
U° E d
W m m W Wt '
y Ua a Ua ppp rn
3 W W I_ W W W
m
>m d= II
NN
•
vt NIuW Lan -l > � my v ad
Atd
O EE`a ° a `a2ag °F cArn gig'arn
O gOta15c aem qno €' mO Wm -OY ?C NNNm F? Eytua ua80o mot0E2o LLc offEa1,E'3,3$ trill
L8- 5 ' Ili m mWm
Ac cN c EnE., EmdoO rmmw ;219 -E m$ m3LmI? mW =
N3 13 3cN- ~0m am
E
m C >
N rI
g`N `o g K
A
e g D
NV N
% N 2 N
W W
N o R d • c a
E cme 112,c al,
II c� >5 8 Ii
. N N M
EXHIBIT E
COLORADO GEOLOGICAL SURVEY
1801 19th Street
Golden,Colorado 80401 OovORApO
��O�Ofi1CAl S 444'
Karen Berry
November 22,2017 State Geologist
Kris Valdez Location:
Eagle County Community Development NW'/o NW'/ Section 6,
P.O.Box 179 T5S,R82W of the 6t"P.M.
Eagle,CO 81631 39.6514,-106.6248
Subject: Fox Hollow PUD Amendment(PDSP-7059)and Zone Change(ZC-7058)
Ea2le County,CO; CGS Unique No.EA-18-0005
Dear Ms.Valdez:
Colorado Geological Survey has reviewed the Fox Hollow PUD referral. I understand the applicant proposes 84
residential units in 12 buildings on 3.16 acres,and five(the Project Description states six)future Habitat for
Humanity units in one building on Tract Al (area not specified). With this referral,I received a request for CGS
review and a Referral Form(Eagle County Community Development,November 1,2017),a Fox Hollow PUD
Amendment and Zone Change report(Pylman&Associates,Inc.,October 18,2017)including a Rockfall
Hazard Evaluation,Fox Hollow PUD Addition(WJE,October 2,2017)and two geotechnical reports previously
reviewed by CGS: Subsoil Study for Foundation Design,Proposed Woodland Hills Apartment Development
(HP Geotech, September 19,2001)and Preliminary Soil and Foundation Investigation(LKP Engineering,Inc.,
April 21, 1998). The available referral documents also include a set of 19 construction plans(InterMountain
Engineering,October 20,2017).
Rockfall.CGS agrees with WJE that Golder's 2007 rockfall hazard analysis is valid for the proposed addition.
However,WJE identifies a second rockfall source that was not a factor in the 2007 study,but could
potentially impact the proposed addition.WJE states(page 2),"Runout distances calculated by Golder are
such that rockfall from either source zone is capable of reaching locations within site boundaries of the
proposed addition,"and recommends rockfall mitigation along the southern boundary of the proposed
addition. It is not clear from the documents whether a rockfall fence is proposed,or whether the applicant is
proposing open space behind Building 09 as rockfall hazard mitigation. Since WJE did not map or otherwise
identify a runout zone within the proposed addition,there is insufficient basis for mitigating the rockfall
hazard solely through open space corresponding to an undefined runout zone.A rockfall fence or other
mitigation is recommended along the southern boundary of the proposed open space parcel south of Building
09 to protect open space users.
Stormwater.The Sustainable Community Index Checklist within the PUD amendment narrative states that
stormwater management will consist of"100%of surface drainage through bioswale/vegetated system." The
PUD narrative refers to a drainage plan in the appendix of the application,but no drainage plan is available
as part of the application,narrative,or other available referral documents.
It is not known whether the proposed bioswale system is an infiltrating or non-infiltrating system and
how much infiltration into site soils,if any,is calculated to occur.CGS is concerned about excessive
infiltration;wetting,dissolution,and shrink/swell of soluble and expansive minerals within the site soils
and underlying Eagle Valley formation.
EA-18-0005_1 Fox Hollow PUD Amendment
1:06 PM,11/22/2017
Kris Valdez
November 22,2017
Page 2 of 2
For the purpose of designing stormwater detention,the site's clayey soils should be considered
impervious and moisture-sensitive.Therefore,the bioswale/rain garden growing medium and filter layer
should be underlain by an underdrain system designed to divert water away from all structures.If the
bioswale system is fully isolated from site soils by a properly installed and maintained impermeable
geomembrane liner designed to restrict seepage,the filter layer is underlain by an underdrain,and
detention storage containers(usually pipes)are not perforated or otherwise permeable,then CGS has no
objection to the bioswale detention system as proposed.
If any component of the proposed system is an infiltrating BMP,consultation with a geotechnical
engineer is required to evaluate the suitability of the site soils for the proposed system,identify potential
impacts,and establish minimum distances between the BMP and structures.
Sinkholes and ground subsidence.The surficial soils are underlain by Eagle Valley evaporite. Sinkhole
formation is an active,although infrequent, geologic process in the western Colorado evaporite region. I
agree with HP that the potential for sinkhole development and risk of subsidence is probably low. If
conditions indicative of subsidence or sinkhole formation are encountered during construction, an alternative
building site should be considered or the feasibility of mitigation should be evaluated. Owners should be
made aware of the potential for sinkhole development,since early detection of building distress and timely
remedial action are important factors in reducing the cost of repairs should an undetected subsurface void
start to develop into a sinkhole during or after construction.
Relevance of 1998 and 2001 geotechnical reports.HP's and LKP's investigations and recommendations are
valid for a project at the PUD and rezoning phase of development,but an updated geotechnical investigation
is needed,once building locations and structural loads are known,to confirm or revise the geotechnical
recommendations.
Thank you for the opportunity to review and comment on this project. If you have questions or require further
review,please call me at(303) 384-2643,or e-mail carlson@mines.edu.
Sincerely,
Jill arlson,C.E.G.
Engineering Geologist
EA-18-00051 Fox Hollow PUD Amendment
1:06 PM,11/22/2017
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written.
EAGLE COUNTY,COLORADO, by and through
its Boars of County Commissioners
By: ii1iJI4iii "
K. hy Clndler-Henry, 'Chair
Co6
Cr 0 1:4
ATTEST:
/...—IP1 6 142124(4.-c— 1r co L osp.v
Clerk to the Board of
County Corn issione
1 • D..pr
APPLICANTS:
POPULACE D ELOPMENT, LLC, a Colorado limited liability company
By:
Name: Adam iowling
Its: Principal
B :
ame: Michael Routh
Its: Principal
C&C VENT S, LLC, Colorado limited liability company
By:
Name: Charles Alex an.er
Its: Principal
FOX HOLLOW, LLC, . .rado limited liability company
•
By: Aigor.;",...-A
Name: Evelyn Pi 'ey
Its: Manager
STATEMENT OF AUTHORITY
(Section 38-30-172,C.R.S.)
1. This Statement of Authority relates to an entity named: C&C Ventures,LLC,a Colorado limited
liability company, and is executed on behalf of the entity pursuant to the provisions of Section
38-30-172,C.R.S.
2. The type of entity is a limited liability company.
3. The entity is formed under the laws of the State of Colorado.
4. The mailing address for the entity is: P.O.Box 1565,Edwards,Colorado 81632.
5. The name and position of each person authorized to execute instruments conveying,
encumbering,or otherwise affecting title to real property on behalf of the entity is:
Cathy Alexander,Member
Charlie Alexander,Member
6. The authority of the foregoing persons to bind the entity is not limited.
7. Other matters concerning the manner in which the entity deals with interest in real property:
None.
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of
Section 38-30-172,C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior Statement of
Authority executed on behalf of the entity.
° Executed this /7 day of October,2018.
By: d c
Name: Charlie A exander
ALENA SHERASH Title: M ber �j�
Notary Public a61`-ailda,State of Colorado
Notary ID 4 20174007184 BY �'
My Commission Expires 02-15-2021 Name: Cathy • exander
Title:Member
STATE OF COLORADO )
)ss
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on (/C'7'/De-t2 f 9 71-6' 2018 by
Charlie Alexander and Cathy Alexander, as Members of C & C Ventures, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires: 00Z-15-b2C0/ ,i
Notary Publi
When recorded return to:
Alpenglow Law
P.O.Box 3240
Avon,CO 81620