HomeMy WebLinkAboutR21-012 Approval of the 10 Acre PUD and Zone Change File No(s). PDSP-9012 and ZC-9017 Eagle County, Co 202104169
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Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021- 012
RESOLUTION TO APPROVE THE
10 ACRE PLANNED UNIT DEVELOPMENT(PUD)AND ZONE CHANGE
Eagle County File No(s).PDSP-9012 and ZC-9017
WHEREAS,on or about February 6,2019,the County of Eagle,State of Colorado,accepted for
filing an application (File No(s).PDSP-9012 and ZC-9017) submitted by 10 Acre Holdings,LLC (the
"Applicant") for consideration of a consolidated Sketch/Preliminary Plan for Planned Unit
Development(the"PUD")and Zone Change for a parcel designated as APN 2465-034-00-036 located
on Willits Lane in the El Jebel area, more particularly described in Exhibit A. attached hereto and
incorporated herein(the"Property");and
WHEREAS,the Applicant proposes to rezone the Property from Resource(R)to Planned Unit
Development to allow for development of five single family residential units and up to four accessory
dwelling units on the Property;and
WHEREAS,in accordance with Eagle County Land Use Regulations (the"ECLURs"), Section
5-210.E - Notice of Public Hearings, notice of the proposed PUD and Zone Change was mailed to all
owners of property located within and adjacent to the Property and was duly published in a
newspaper of general circulation throughout the County concerning the subject matter of the
application and setting forth the dates and times of hearings for consideration of the application by
the Roaring Fork Valley Regional Planning Commission(the"Planning Commission") and the Board
of County Commissioners of the County of Eagle(the"Board");and
WHEREAS,at its regular public hearings held on November 21, 2019;January 2, 2020;June
4, 2020; and June 18, 2020; the Planning Commission considered the proposed PUD, Zone Change,
associated plans, requests for variations, the statements and concerns of the Applicant, the Eagle
County staff,and other interested persons;and
WHEREAS,at its public hearing held on June 18 2020,the Planning Commission,based upon
its findings, unanimously recommended approval with conditions of the proposed PUD and
approval of the Zone Change;and
WHEREAS,on August 4,2020,the Board conducted a site visit to the Property;and
WHEREAS, at its regular public hearings held on August 4, 2020 and August 25, 2020, the
Board considered the proposed PUD, Zone Change, associated plans, requests for variations, the
statements and concerns of the Applicant,the Eagle County staff, other interested persons, and the
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recommendation of the Planning Commission;and
WHEREAS,at its public hearing held on August 25,2020,the Board,based upon its findings,
voted unanimously to approve with conditions and requested variations the PUD, and to
approve the Zone Change, as set forth below, and authorized the Chair to sign on its behalf the
foregoing resolution evidencing such approvals;and
WHEREAS,the approved 10 Acre PUD Guide(the"PUD Guide")is attached to this resolution
as Exhibit B;and
WHEREAS, the Variations Table outlining the approved variations is attached to this
resolution as Exhibit C;and
WHEREAS, the Illustrative Site Plan outlining the layout of the PUD, location of building
envelopes,and conceptual landscaping is attached to this resolution as Exhibit D;and
WHEREAS,a PUD Agreement form outlining the details of the pertinent development actions
is attached to this resolution as Exhibit E.
NOW, THEREFORE, 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
finds as follows:
THAT,the application for a PUD complies with the standards in ECLUR Section 5-240.F.3.e-
Standards for Preliminary Plan for PUD,as set forth below:
1. Unified ownership or control. Pursuant to Section 5-240.F.3.e(1),the Applicant is
the owner of the single parcel within the boundaries of the proposed PUD.Thus,the
PUD is under a unified ownership and control and therefore meets this standard.
2. Uses. Pursuant to Section 5-240.F.3.e(2), the allowed uses in the PUD are uses that
are designated as uses that are allowed, allowed as a special use or allowed as a
limited use in ECLUR Table 3-300, "Residential, Agricultural and Resource Zone
Districts Use Schedule".The underlying zone district in effect for the Property at the
time of the application for PUD is Resource (R). The proposed uses include single
family residential, accessory dwelling units, customary accessory residential uses,
home business and home occupations,agriculture and accessory uses to agriculture,
and various utility uses for renewable energy. All uses allowed within the PUD are
allowed in the R zone district.The Applicant did not request any variations to uses.
Additionally,the PUD allows short term rentals of the accessory dwelling units for a
minimum of 60 days or more.
3. Dimensional Limitations. Pursuant to Section 5-240.F.3.e(3), the dimensional
limitations that shall apply to the PUD are those specified in ECLUR Table 3-340,
"Schedule of Dimensional Limitations",for the zone district in effect for the Property
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at the time of the application for PUD. The zone district in effect for the existing
Property was Resource (R). Applicant requested one variation to dimensional
limitations,minimum lot area,in the R zone district pursuant to Section 5-240.F.3.f,
Variations Authorized, to achieve the stated purposes of obtaining desired design
qualities.The approved variance table is attached hereto as Exhibit C.The approved
variation leaves adequate distance between buildings for access and fire protection,
and ensures proper ventilation, light, air, and snowmelt between buildings.
Dimensional limitations for the PUD are outlined in Section 7 of the PUD Guide.
Additionally, the PUD Guide restricts many of the dimensional limitations more so
than the ECLURs through the implementation of platted building envelopes and
limitations on floor area, lot coverage, and impervious coverage within the platted
building envelopes.The Illustrative Site Plan shows the proposed location and size of
the building envelopes and other dimensional limitations.The location of the building
envelopes proposed at final plat shall mirror that of the Illustrative Site Plan as the
location of the building envelopes was pertinent to the PUD meeting the standard of
approval for conformance with the comprehensive plan and compatibility with
surrounding uses.Additionally,the PUD Guide includes limitations to building height
dependent on the type of structure and implements a View Corridor Overlay on two
of the lots that further limits building heights regardless of type of structure.
4. Off-Street Parking and Loading. Pursuant to Section 5-240.F.3.e.(4), the PUD
parking requirements comply with the standards of Article 4, Division 1, Off-Street
Parking and Loading Standards.There are no variations to any standards related to
parking.Adequate parking is required for the single-family units in Section 8 of the
PUD Guide, and in Section 6.3 for the accessory dwelling units.Additionally, Section
8.2 of the PUD Guide restricts the parking of non-residential vehicles more than what
the ECLURs allow. Adequate snow storage is provided per the ECLUR standards.
Finally,the building envelope for each lot can be served by a driveway conforming to
ECLUR Section 4-620.J.D.9.
5. Landscaping. Pursuant to Section 5-240.F.3.e (5),the landscaping provided for the
PUD complies with the standards of Article 4, Division 2, Landscaping and
Illumination.There are no variations to landscaping or illumination.Section 10 of The
PUD Guide includes specific requirements for allowable fencing on each lot. These
requirements are above and beyond what is required by the ECLUR and were
stipulated by the Applicant to achieve an open agricultural feel within the community
and deter from perimeter privacy fencing of lots. Additionally, the PUD requires a
fence along the length of Willits Lane per the request of the Town of Basalt (the
"Town") to ensure safe crossing of pedestrians at the appropriate location at the
Willits Lane and Meadow Drive crosswalk.The Willits Lane fence is not the obligation
of the Applicant,but a requirement of the future property owners of Lots 3 and 4.No
variations to the ECLUR illumination standards are requested.The PUD Guide does
require that all outside lighting be downcast.
6. Signs. Pursuant to Section 5-240.F.3.e (6), the PUD is consistent with the sign
standards as specified in Article 4, Division 3, Sign Regulations. The PUD did not
propose a sign plan under Section 4-340.D - Signs Allowed in a Planned Unit
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Development.The signs allowed in Section 9 of the PUD Guide are consistent with the
ECLUR requirements for signs and no variations are requested.
7. Adequate Facilities. Pursuant to Section 5-240.F.3.e(7), the PUD is provided with
adequate facilities and infrastructure including water,sewer,solid waste, electrical,
fire protection and roads. Mid Valley Metropolitan District will provide water and
sewer service to the PUD and the District provided a "will serve letter" agreeing to
such provision of services. The PUD gains access from Willits Lane, a public road
owned by the Town, at a location directly aligned with the existing intersection of
Willits Lane and Meadow Drive as shown on Exhibit D.At the time of approval of the
PUD,the Town accepted the proposed access to the development and indicated that
it would grant an access permit with conditions prior to Final Plat in its April 3,2020
referral letter. Additionally, the Applicant voluntarily offered to provide a right-of-
way dedication to the Town along Willits Lane to assist in future improvements
necessary for Willits Lane. However, no right-of-way improvements are identified
other than improvements associated with the Meadow Drive intersection as indicated
by the Town in the April 3, 2020 referral letter.The Applicant will provide a private
access easement on Lot 4 to allow the PUD to maintain conforming access should the
geometry of Willits Lane change due to Town capital improvements. Adequate
facilities for solid waste disposal, electrical supply, fire protection, and emergency
services are available and will be provided to the PUD by the appropriate district or
private contractor. The PUD conveniently located in relation to schools, police and
fire protection,and emergency medical services.
8. Improvements. Pursuant to Section 5-240.F.3.e(8), the improvements standards
applicable to the development are as specified in Article 4, Division 6, Improvements
Standards and include analysis of safe and efficient access, internal pathways,
emergency vehicles, principal access points, sidewalk and trails, excavation and
grading,snow storage,and drainage.The Applicant did not request any variations to
ECLURs. The PUD demonstrated safe and efficient access by meeting all criteria
required for an Urban Cul-de-sac and applicable geometric design standards related
to approaches and driveways.An internal pathway is designed to provide internal
circulation throughout the PUD and connects to the existing public trail along the east
side of Willits Lane via crosswalk at the entrance to the PUD.The Applicant designed
the PUD in a way that allows for adequate access from emergency vehicles such as
fire trucks and ambulances as confirmed by the Roaring Fork Fire Rescue Authority.
Additionally,a 50-foot agricultural access easement along the southern boundary of
the Property on Lot 4, provided at Final Plat, will serve the adjacent property to
provide opportunity for a consolidated access point in the future if necessary. The
easement is sufficient to provide adequate access to both properties for existing
agricultural and residential uses. Only one point of access is required for the
development, which is proposed with no variations requested. Adequate snow
storage is provided per the ECLURs with no variations requested. Finally, the
proposed PUD conforms to all Drainage Standards required by ECLUR Section 4-650.
9. Compatibility with Surrounding Land Uses.Pursuant to Section 5-240.F.3.e(9),the
PUD proposes uses, dimensional limitations, and densities that are consistent with
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residential neighborhoods adjacent to the east and north of the site that are zoned
Rural Residential and PUD. The PUD has larger lots and similar dimensional
limitations as that of the neighborhood to the east and has similar lot sizes of the
neighborhood to the north,representing a transition of density from east to west and
north to south. The PUD is compatible with the residential and agricultural uses to
the south and west as the proposed uses in the PUD are consistent with what is
permitted in the Resource zone district,the zoning of the adjacent parcel.Thus,the
proposed PUD is compatible with current and future permissible uses on the
surrounding properties.
10. Conformance with the Comprehensive Plan. Pursuant to Section 5-240.F.3.e(10)
and Section 5-280.B.3.e(1), the PUD is in substantial conformance with the 2005
Eagle County Comprehensive Plan and 2018 Mid Valley Area Community Plan as the
proposed single family residential and agricultural uses are consistent with the
Future Land Use Map(the"FLUM")designation of both plans.The PUD meets the uses
described in the Large Lot Residential FLUM designation in the Mid Valley Area
Community Plan and corresponding density target stated in the plan. Additionally,
components of the proposed PUD support the goals and policies within the plans
related to transition of densities, development in proximity to transit and other
services, protection of views, workforce housing, and sustainability. The PUD also
meets the intent and policies stated in the Eagle County Affordable Housing
Guidelines, an adopted document pertaining to affordable housing needs of the
community.The Housing Plan is part of the PUD Guide and further described in the
attached PUD Agreement. Thus, the PUD is in substantial conformance with the
comprehensive plan and ancillary adopted documents pertaining to natural resource
protection,affordable housing,and infrastructure management.
11. Phasing. Pursuant to Section 5-240.F.3.e (11), the PUD proposes one phase of
development including the platting of lots, construction of infrastructure including
access drive, landscaping,and common area recreation spaces.Upon completion of
infrastructure required,individual lots will be sold for construction of permitted uses
per the PUD Guide.
12. Common Recreation and Open Space.Pursuant to Section 5-240.F.3.e(12),the PUD
complies with the requirements outlined in Section 5-240.F.3.e(12) of the ECLURs.
The PUD proposes a common area and recreation open space easement on Lot 1 of
the PUD of land to be managed and maintained by the Homeowners Association for
access by all residents of the PUD. The ECLUR standards require a minimum of.23
acres of common recreation and open space.The PUD exceeds this requirement by
providing approximately one acre of usable and conveniently accessible common
recreation and open space as defined by the ECLURs.The common area location and
associated improvements are depicted on the Illustrative Site Plan in Exhibit D of this
resolution and outlined in Table 2 of the PUD Guide. Uses allowed within the open
space tracts are that proposed by the PUD and no variations are requested.
Improvements proposed for the common recreation and open space will be
constructed prior to Certificate of Occupancy for any building permit within the PUD.
Additionally,the Illustrative Site Plan indicates a fishing pond as part of the common
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area, however, dependent on final water augmentation the pond may not be
constructed if adequate water is not available. A pond is not a requirement of the
common area space and may be replaced by other passive recreation areas.
13. Natural Resource Protection. Pursuant to Section 5-240.F.3.e(13), the PUD
considered recommendations made by the applicable analysis documents and
recommendations of referral agencies as specified in Article 4, Division 4, Natural
Resource Protection Standards. Based on the Environmental Impact Report and
recommendations from Colorado Geological Survey and Colorado Parks and Wildlife,
the PUD is protective of identified natural resources by adhering to wildlife friendly
fencing recommendations, restrictions on wood burning devices, and compliance
with the County's wildfire mitigation requirements at construction. The PUD is not
located in a key wildlife protection area, ridgeline development area, or hillside
development area.
THAT,the application for a PUD complies with the standards in ECLUR Section 5-280.B.3.e-
Standards for Preliminary Plan for Subdivision,as set forth below:
1. Consistency with the Comprehensive Plan.Pursuant to Section 5-280.B.3.e(1),the
PUD is in substantial conformance with the purposes,goals and policies of the Eagle
County Comprehensive Plan, Area Community Plans, and any applicable ancillary
County adopted documents pertaining to natural resource protection, affordable
housing,and infrastructure as outlined above in Standard 5-240.e(10).
2. Consistent with Land Use Regulations.Pursuant to Section 5-280.B.3.e(2),the PUD
complies with all the standards of this Section and all other provisions of the ECLUR
including but not limited to the applicable standards of Article 3, Zone Districts and
Article 4, Site Development Standards. The PUD complies with the ECLUR
requirements for uses, landscaping, illumination, parking and loading, signage,
natural resource protection, and site improvements. The Applicant requested a
variation to minimum lot area and the Board granted the variation,as the variation
meets the desired design quality for the PUD.
3. Spatial Pattern Shall Be Efficient. Pursuant to Section 5-280.B.3.e(3), the PUD is
located and designed to avoid creating spatial patterns that cause inefficiencies in the
delivery of services,or require duplication or premature extension of public facilities,
or result in a"leapfrog" pattern of development. The PUD is located within existing
service areas for emergency services,utilities,and schools.Additionally,the PUD is a
development site surrounded by residential development and agriculture compatible
with the PUD.
4. Suitability for Development. Pursuant to Section 5-280.B.3.e(4), the Property
subject to the PUD is suitable for development, considering its topography,
environmental resources and natural or man-made hazards that may affect the
potential development of the Property, and existing and probable future public
improvements to the area.Potential future public improvements to Willits Lane were
identified during the review of the application.The Applicant is voluntarily offering
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to provide additional right-of-way to the Town to accommodate future expansion of
Willits Lane for vehicular,bicycle,or pedestrian circulation needs.
5. Compatibility with Surrounding Uses.Pursuant to Section 5-280.B.3.e(5),the PUD
is generally compatible with the existing and currently permissible future uses of
adjacent land, and other substantially impacted land, services, or infrastructure
improvements.The PUD contains uses that are compatible with the surrounding land
uses of residential and agriculture.
6. Adequate Facilities.Pursuant to Section 5-280.B.3.e(5),the PUD demonstrated that
adequate facilities for potable water,sewage disposal,solid waste disposal,electrical,
fire protection and roads will be provided by supplying conditional capacity to serve
letters and commitments for private contracted services for solid waste and
electrical. The PUD is within service areas for all emergency services and
conveniently located to schools.
THAT,the application for a Zone Change complies with the standards in ECLUR Section 5-
230.D-Standards for Zone Change,as set forth below:
1. Conformance with the Comprehensive Plan. Pursuant to Section 5-230.1/1, the
proposed change in zoning is in substantial conformance with the purposes,intents,
goals and policies of the 2005 Eagle County Comprehensive Plan.The proposed uses
are consistent with the FLUM and the PUD and Housing Plan are consistent with
statements of intent and density of the Mid Valley Area Community Plan and the 2005
Eagle County Comprehensive Plan.
2. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, the proposed
change in zoning is compatible with the type,intensity,character and scale of existing
and permissible land uses surrounding the Property.Dimensional limitations of the
PUD result in development that will be harmonious with the physical character of
existing or permissible uses surrounding the Property as the setbacks, building
height,and floor areas are similar to those of surrounding properties.
3. Public Benefit. Pursuant to Section 5-230.D.3, the proposed change in zoning
addresses a demonstrated community need or otherwise results in one or more
particular public benefits that offset the impacts of the proposed uses. The PUD
includes the Housing Plan that meets the recommendations of the County's
Affordable Housing Guidelines with a cash-in lieu payment per the County's
guidelines. However, per the Housing Plan in the PUD Guide and the attached PUD
Agreement in Exhibit E, the cash-in-lieu is intended to be used to offset the
construction of three price capped deed restricted units at 80% AMI through a
partnership with Roaring Fork Valley Habitat for Humanity.Three units is more than
the minimum required housing mitigation per the guidelines.Additionally,the PUD
is dedicating right-of-way to the Town for future road improvements including
potential bike and pedestrian connections.These commitments by the PUD outweigh
the anticipated impacts of the five residential units and four accessory dwelling units
proposed in the PUD and zone change.
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4. Change of Circumstances. Pursuant to Section 5-230.D.4, the proposed change in
zoning is in response to a beneficial material change that has occurred to the
immediate neighborhood or to the greater Eagle County community.The underlying
zoning designation of R predates the 2005 Eagle County Comprehensive Plan and the
Mid Valley Area Community Plan.The FLUM designation of Large Lot Residential in
the Mid Valley Area Community Plan indicates a development vision that is
implemented through the proposed zone change.
5. Adequate Infrastructure.Pursuant to Section 5-230.D.5,the Property subject to the
proposed change in zoning is served by adequate roads, water, sewer and other
public use facilities. The Property is within the service areas of Mid Valley
Metropolitan District, Roaring Fork Fire Rescue Authority, and the Eagle County
School District with adequate service confirmed by each entity.The Town owns and
maintains the public road providing access to the Property.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County
of Eagle,State of Colorado:
THAT, proper public notice was provided as required by law for the hearings before the
Planning Commission and the Board;and,
THAT this PUD and Zone Change(File No(s).PDSP-9012 and ZC-9017)described herein and
in the PUD Guide attached as Exhibit B.are hereby approved,subject to the following conditions:
1. An approved access permit must be obtained from the Town prior to Final Plat recording for
the development. All on and off-site improvements associated with the access permit
approval, must be completed prior to Temporary Certificate of Occupancy or Certificate of
Occupancy of any building permit issued unless alternative sequence is approved in writing
by the Town.
2. As offered by the Applicant, the Final Plat shall include dedication of right-of-way along
Willits Lane sufficient to provide a 30-foot right-of-way from the centerline of the road to the
eastern property boundary for the full length of the Property.
3. The Final Plat application shall include a revised exhibit of the Easement to Accommodate
Future/Potential Bike Lane which adequately demonstrates the proposed easement is
sufficient to accommodate a re-aligned,conforming access and pedestrian crossing.
4. The first 30 feet of the access drive,measured from the outer edge of asphalt on Willits
Lane,must be paved.Construction plans submitted with the PUD Final Plat shall include a
pavement design signed and stamped by a Professional Engineer.
5. 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.
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THAT,the Board directs the Department of Community Development to provide a copy of
this Resolution to the Applicant.
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,on this 23rd day of February ,2021 nunc pro tunc August 25,2020.
COUNTY OF EAGLE,STATE OF
COLORADO,By and Through Its
o.OFt BOARD OF COUNTY COMMISSIONERS
4ATTEST:
DocuSigned by:
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C er 'to-tue o°ard \ggan Matt K
app0473
Chair
/—DDooccuuSigneed by�j �r�asLar�
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Jeanne McQueeney
Commissioner
rDocuSigned by:
aYCffMMM1ffr-Henry
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A PARCEL OF LAND SITUATED IN TRACT 47, TOWNSHIP 8 SOUTH, RANGE 87 WEST
OF THE 6TH P.M.; SAID PARCEL BEING ENTIRELY WITHIN THAT PROPERTY
DESCRIBED IN THAT DOCUMENT RECORDED JUNE 12, 1985 AS RECEPTION NO.
313171 OF THE EAGLE COUNTY, COLORADO RECORDS; SAID PARCEL LYING WEST
OF THE COUNTY ROAD KNOWN AS WILLITS LANE, AS SAID ROAD WAS USED AT
THE DATE OF THE EXECUTION OF THAT CERTAIN WARRANTY DEED DATED
DECEMBER 24, 1903 RECORDED IN BOOK 65 AT PAGE 532 OF THE RECORDS IN THE
EAGLE COUNTY RECORDER'S OFFICE,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY RECORDED AS
RECEPTION NO. 313171, SAID POINT BEING A POINT AT THE INTERSECTION OF
THE NORTH LINE OF TRACT 47 AND THE WEST EDGE OF THE ASPHALT OF SAID
WILLITS LANE (WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF
S.89°54'55"E. BETWEEN THE WITNESS CORNER FOR AP4,TRACT 47, MONUMENTED
BY A#5 REBAR AND 1.25" CAP STAMPED L.S. 14111 AND THE WITNESS CORNER
FOR AP3,TRACT 47, MONUMENTED BY A 2"ALUMINUM PIPE AND 3.25" CAP
STAMPED L.S. 28643); THENCE S.00°29'29"E., ALONG THE EASTERLY BOUNDARY
LINE OF SAID RECEPTION NO. 313171 AND SAID WEST EDGE OF ASPHALT,A
DISTANCE OF 565.16 FEET;THENCE LEAVING SAID EASTERLY BOUNDARY LINE
AND SAID WEST EDGE OF ASPHALT N.89°54'55"W.,A DISTANCE OF 537.96 FEET;
THENCE N.50°44'11"W.,A DISTANCE OF 143.47 FEET; THENCE N.29°38'18"W.,A
DISTANCE OF 110.61 FEET; THENCE N.62°47'41"W., A DISTANCE OF 174.90 FEET;
THENCE N.00°05'05"E., A DISTANCE OF 298.71 FEET MORE OR LESS TO SAID NORTH
LINE OF TRACT 47; THENCE S.89°54'55"E.ALONG SAID NORTH LINE OF TRACT 47,
A DISTANCE OF 854.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO
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EXHIBIT B
PUD Guide
11
10 Acre PUP
PUD Guide
EAGI.E COUNTY,COLORADO
PUD Combined Sketch and Preliminary Plan and Zone District Amendment
PDSP-009012 2019
4,4
, 4:`:
PUD Guide for 10 Acre PUD,Feb.2021
Table of Contents
Table of Contents 2
List of Tables 3
1. Introduction 4
2. Purpose; Effect 4
3. General Information 4
4. Definitions 5
5. Common Areas Plan 6
6. Uses 8
6.1 Allowed Uses 8
6.2 Uses Prior to Construction 9
6.3 Accessory Dwelling Units 9
6.4 Agricultural Uses 9
7. Dimensional Limitations 9
7.1 Maximum Density 9
7.2 Minimum Lot Area 10
7.3 Building Envelopes 10
7.4 .Maximum Floor Area and Square Footage 10
7.5 Maximum Lot Coverage 11
7.6 Maximum Building Height 11
7.7 Number of Buildings 11
7.8 View Corridor Overlay 12
8. Parking 13
8.1 Parking of Other Vehicles 13
8.2 Signs 13
9. Wood Burning Controls 13
10. Fences 14
11. Sustainability 14
11.1 Renewable Energy System 14
11.2 Electric Vehicle Chargers 15
12. Site Specific Soils Analysis 15
13. Modifications of the PUD Guide 15
14. Other Restrictions 16
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PUD Guide for 10 Acre PUD,Feb.2021
15. Enforcement 16
16. Housing Plan 16
17. PUD GUIDE EXECUTION 18
List of Tables
Table 1. Acreages 5
Table 2. Uses in Common Areas 7
Table 3. Square Footage for Other Buildings 10
Table 4. Maximum Lot Coverages 11
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PUD Guide for 10 Acre PUD,Feb.2021
1. Introduction
This Planned Unit Development Guide ("Guide", "PUD Guide" or "Development Guide") sets forth the
land use and development standards for the properties in the 10 Acre Planned Unit Development("PUD").
The Guide defines the permitted use of land and provides for open spaces and includes additional
supplementary regulations.
2. Purpose; Effect
The primary purpose of this Guide is to establish the standards, restrictions, and regulations that govern
development and land use within the PUD as shown on 10 Acre PUD Final Plat. It also ensures the PUD
is developed as a comprehensive planned community. This Guide will ensure the orderly and compatible
development of the 10 Acre PUD. The Guide constitutes the standard zoning provisions for the PUD with
site-specific restrictions for the development plan and conditions of the land contained within this
development.
The provisions of the Eagle County Land Use Regulations (ECLUR) and the successors thereof, are by
this reference incorporated herein as if set forth in full, to the extent not in conflict with the provisions of
this PUD Guide. Notwithstanding the foregoing, in the event of a conflict between the ECLUR and this
PUD Guide, the provisions of this PUD Guide, as amended, shall prevail and govern the development of
10 Acre Planned Unit Development provided, however, that where the provisions of this PUD Guide do
not clearly address a specific subject, the ordinances, resolutions or regulations of Eagle County shall
prevail.Definitions and uses established herein shall take precedence over definitions and uses established
in the ECLUR, as amended, whenever expressly provided for herein.
This PUD Guide is authorized pursuant to Eagle County Resolution dated approving the
Final Plat for the 10 Acre PUD.
3. General Information
The PUD is comprised of 9.79 acres and 5 Lots. The "Uses" section permits one Single Family Dwelling
per Lot. All but one Lot is allowed one Accessory Dwelling Unit therefore this PUD may have up to 9
dwelling units. Acreages are indicated below in Table 1:
4
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PUD Guide for 10 Acre PUD,Feb. 2021
Table 1. Acreages
Acres %
Building Envelopes 3.24 33.1%
Utility&Access Easement 0.95 9.7%
Common Open Space & Recreation Area 0.83 8.5%
Balance' 4.77 48.7%
Total 9.79 100%
1. Balance represents private property that lies between i) the Building
Envelope and ii) lot line, Utility & Access Easement or Common Open Space
&Recreation Area
This PUD's primary intended use is residential with agricultural uses secondary to residential uses.
4. Definitions
The following definitions apply to this PUD Guide.
• Accessory Building means a Building located on the same Lot as the principal Building to which
it is accessory that is clearly incidental, subordinate, secondary and devoted which is customarily
found in conjunction with the principal Building.
• Agricultural Building means a Structure designed and constructed to house farm and landscaping
implements for use within the PUD; hay, grain and feed; keeping livestock, small animals or
fowl; or other products that support the agricultural uses allowed by this PUD Guide. This
Structure shall not be a place of human habitation.
• Average Grade means the arithmetic mean of elevations measured at corners of the Building
Envelope that a Building is located within.
• Fence - Exclusion means a fence that excludes wildlife, animals or people out of an area. For
example, an Exclusion Fence can be constructed around a vegetable garden. Fences to contain
pasturing livestock are not considered Exclusion Fences.
• Fence - Privacy means a fence that is constructed or planted in such a fashion as to cause
80 percent or more opaqueness at any angle of view through such fence.
• Floor Area means the sum of the gross horizontal areas of all floors of a Building measured from the
outside of all exterior walls and includes all habitable spaces, lofts, stairways, fireplaces, halls,
habitable attics, bathrooms, closets, storage areas and areas of basements which are more than
12 inches above ground but excludes utility/mechanical areas, cellars, crawl spaces, non-
habitable attics, Garages or areas designed for parking or loading within the Building.
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PUD Guide for 10 Acre PUD,Feb.2021
• Garage means an Accessory Building, or an accessory portion of a main Building, designed for
shelter or storage of motor vehicles which are owned and operated by the occupants of the main
Building.
5. Common Areas Plan
The PUD contains Common Areas, which may be owned or leased by the Homeowners' Association for
the PUD and consists of two areas that will be used primarily for the indicated uses as listed below. These
two areas are labelled on the Plat:
• Utility & Access Easement: intended for access to Lots and utilities that serve the PUD as well
associated maintenance.
• Common Open Space & Recreation Area: intended for aesthetic, wildlife, and recreation uses
such as picnicking,fishing,etc.,and intended solely for use of the residents of the PUD,and their
guests, not the general public.
Columns 1 and 2 in Table 2 lists the common uses that are allowed in each of the areas. Separately, uses
that serve only individual Lots are allowed as indicated in column 3 of the table. Column 3 only applies
to the Utility & Access Easement. As an example, snow storage is examined: snow that is plowed from
the access driveway, which is used in common by all Lot owners, may be stored within the Utility&
Access Easement. However, snow that is plowed from an individual driveway serving one Lot may not
be stored within the Utility& Access Easement but should be stored within that Lot and outside of the
Utility& Access Easement. Uses that serve only individual Lots are not allowed in the Common Open
Space &Recreation Area,unless noted otherwise.
The Common Areas may have constructed thereon, improvements, Structures or facilities associated with
such uses and ancillary improvements. Collectively these shall be referred to as Common Area Items. The
Homeowners' Association is responsible for the operation, maintenance, replacement, and repair of the
portions of the Common Area Items that serve a shared use and are not the responsibility of utility
providers. For example,the HOA will maintain irrigation piping serving landscaping common to the PUD
while the HOA will not maintain irrigation piping buried in the Common Area that serves individual Lots.
No Buildings are allowed in the Common Areas unless otherwise specified in this section.
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PUD Guide for 10 Acre PUD,Feb.2021
Table 2. Uses in Common Areas
Common Uses Allowed in Each Area
Uses Serving Individual
Uses Common Open Space Utility& Access Lots
&Recreation Area Easement
Column#1 Column#2 Column#3
1 Footpaths Allowed Allowed
2 Signs Allowed Not Allowed
3 Stormwater drainage features Allowed Allowed
4 Snow storage Allowed Not Allowed
5 Buried irrigation piping,irrigation control Allowed Allowed
wiring
6 Buried power lines for irrigation pumps Allowed Not Allowed
7 Hardscapes,shrubs and trees Allowed Not Allowed
8 Landscaping excluding#7 above Allowed Allowed
9 Fences Allowed Not Allowed
10 Gates Allowed Allowed
11 Utilities such as lift stations,transformers,
utility boxes,pads and similar items and Allowed Not Allowed
structures
12 Utility poles Allowed only within
the Utility Easement Not Allowed
13 Other temporary features required for the
construction of structures and Allowed Allowed
improvements therein
_14 Ponds and docks Allowed Not Allowed Not Allowed
15 Ditches to supply water to and from Allowed Not Allowed Not Allowed
ponds
16 Picnic tables and shelters,and similar Allowed Not Allowed Not Allowed
structures
17 Turnouts and irrigation pumping
equipment and enclosures to house said
equipment provided they are located Allowed Not Allowed Not Applicable
immediately adjacent to the Northside
Pioneer Ditch or a pond'
18 Roadway surfaces,shoulders,driveways Not Allowed Allowed Allowed
19 Buried utilities,excluding Use #6 above Not Allowed2 Allowed Allowed
Notes
1) This use is allowed in the Common Open Space and Recreation Area for serving Lot 1.
2) Allowed for serving structures located in the Common Open Space and Recreation Area
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PUD Guide for 10 Acre PUD,Feb.2021
6. Uses
6.1 Allowed Uses
Only the following uses are allowed in addition to the uses described in the section "Uses Prior to
Construction"below. These uses apply to Lots 1 through 5 unless otherwise specified:
Primary Use(s):
1. Single Family Dwelling
Accessory Use(s):
2. Customary Accessory Residential Uses
3. Accessory Dwelling Units (ADU's) shall conform to Section 6.3.
4. Agriculture and Customary Accessory Agricultural Buildings shall conform to Section 6.4
5. Home Business is allowed on Lot 1 only
6. Home Occupation
7. Small Hydro Electric Energy
8. Structure-integrated or Ancillary Ground-Mounted Solar Energy System
9. Water Diversion Structures, Ditches and Pipeline Structures engineered to convey fifteen (15) cfs
of water or less or designed to serve as a domestic supply for less than ten(10) dwelling units
10. Water Impoundment
11. Wind Energy Systems - Small Scale
12. Short term rentals (60 days or more)
If the first dwelling unit constructed conforms with all provisions for an ADU,a second dwelling unit may
be constructed by designating the first dwelling unit an ADU.
If contiguous Lots are under the same ownership, Accessory Uses shall be allowed on any such Lots if
Primary Uses have been established on one such Lot. In the event that one of the properties under
contiguous ownership is sold, no additional Accessory Uses shall be permitted until a Primary Uses is
established.
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PUD Guide for 10 Acre PUD,Feb.2021
6.2 Uses Prior to Construction
Prior to initial construction of residential Structures on a Lot, pasturing of cattle and horses is allowed on
such Lot provided that sound pasturing practices are implemented,the Lot is irrigated and properly fenced
to contain these animals and animals are not aggressive and not injurious to people. The Homeowners'
Association may implement and enforce any Covenants and/or Rules regarding sound pasturing practices.
6.3 Accessory Dwelling Units
No more than one (1) Accessory Dwelling Unit (ADU) shall be permitted in conjunction with and in
addition to the principal use of each Lot except for Lot 3 with the following restrictions.
• The ADU shall have a maximum Floor Area of 1,200 sq ft.
• The ADU shall not be condominiumized or sold separately from the principal use of the parcel.
• The ADU shall have adequate facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply and fire protection.
• The ADU may be attached or detached if integrated into an Accessory Building or Garage.
• There shall be one (1) additional off-street parking space provided for any ADU that is a studio
or one bedroom unit. An ADU containing two(2) or more bedrooms shall have two(2)off-street
parking spaces.
6.4 Agricultural Uses
Agricultural uses, including keeping livestock, small animals or fowl,may be present but should conform
to the following:
• Must not be commercial in nature or constitute a primary occupation.
• Must not expose soils to the wind for extended periods of time or cause ground to become
denuded or"dust bowls."
• Used, in such a manner that a condition resulting from the same, shall not constitute a nuisance.
• Pasturing of Large Livestock is allowed on Lots with lot sizes 1.5 acres or greater, contiguous
Lots under the same ownership, or adjoining Lots with pasture exceeding 1.5 acres or greater.
7. Dimensional Limitations
7.1 Maximum Density
The maximum density shall be five (5)residential Lots and a total of nine (9) dwelling units.
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PUD Guide for 10 Acre PUD,Feb.2021
7.2 Minimum Lot Area
The Minimum Lot area shall be 1.0 acre.
7.3 Building Envelopes
All newly constructed Buildings must be located within the designated Building Envelope, as indicated
on the Final Plat,unless allowed otherwise in this document. Roof overhangs, stairways and decks greater
than thirty (30) inches in height may project eighteen (18) inches outside of Building Envelopes. Decks
that are less than thirty(30) inches in height may project outside of Building Envelopes without limitation.
Any adjustment to Building Envelopes shall
• not be inconsistent with the intent of the Final Plat,
• not increase the square footage of the Building Envelope, and
• be approved by the HOA prior to approval by Eagle County.
7.4 .Maximum Floor Area and Square Footage
The Maximum Floor Area of dwellings and the maximum square footage of other Buildings shall be as
indicated in the Table 3.
Table 3. Square Footage for Other Buildings
Single Family Dwelling 5,000
Accessory Dwelling Units 1,200
Tft �j*� `Y� '"t�"-;�:4;.e 4.: Cxk,C;''`;x c'.3^,;.�:�I*H!r:,��',, '.;z�;,.�c;-:Y.,...0
pf .'„ ° `.4 4',tt`.".r .%:z�> Get ;�
Each Accessory Building Excluding 850
Agricultural Buildings and Garages
Each Agricultural Building 1,300
Each Detached Garage 1,300
Garage Attached to Single Family Dwelling 1,000
Garage Attached to ADU 750
Additionally,the total square footage of i)Garages attached to the Single Family Dwelling and ii)detached
Garages shall be 2,000 sq ft or less.
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PUD Guide for 10 Acre PUD,Feb.2021
7.5 Maximum Lot Coverage
The Maximum Lot Coverage shall conform to the following table:
Table 4. Maximum Lot Coverages
Lot 1 All Other Lots
Buildings (sq ft) 12,500 9,000
Impervious Surface 25% 40%
The following items below shall be excluded from the Lot Coverage for Impervious Surfaces:
• Any improvements within the Common Areas, including but not limited to roadway surface or
shoulder and footpaths
• Ponds
• Ditches for irrigation, drainage or carrying water to/from any ponds.
7.6 Maximum Building Height
Maximum Building Height shall be as follows:
• Single Family Dwellings: 35 ft for Lot 1 and 30 ft for all other Lots
• Agricultural Buildings: 20 ft
• Accessory Buildings except Agricultural Buildings: 15 ft
• Notwithstanding the above, if an ADU is integrated into an Accessory Building or Agricultural
Buildings and parts of the ADU occupy the top story, the Maximum Building Height for those
parts are 35 ft for Lot 1 and 30 ft for all other Lots.
Building height shall be measured from Average Grade or finished grade, whichever is more restrictive.
Stacks, vents, cooling towers, elevator structures and similar mechanical building appurtenances and
spires, domes, cupolas, towers, antennas intended as an accessory use, and similar non-inhabitable
building appurtenances, if allowed, may exceed the maximum height limitation by not more than 30%.
Collectively these shall be referred to as Roof Appurtenances.
7.7 Number of Buildings
Lot 1 shall have no more than 5 Buildings and all other Lots shall have no more than 3 Buildings on each
Lot. Pump houses, fences and lift stations shall be excluded from these limitations on the number of
Buildings. Any Structures within the Common Areas shall be excluded from these limitations on the
number of Buildings.
11
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PUD Guide for 10 Acre PUD,Feb.2021
7.8 View Corridor Overlay ,
A View Corridor Overlay shall be applied as a supplemental regulation superimposed on all restrictions
and requirements in this PUD Guide and the ECLUR. The Building Height of any Building that is located
within the View Corridor shall be no more than 20 ft and shall be measured from Average Grade or
finished grade,whichever is more restrictive. The View Corridor is indicated in Figure 1.
i.. -- ,. - ..n .. II
View Corridor '
122.5' I
.,,`� / \
E / � 1
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1 1 1
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Figure 1. Boundaries of the View Corridor Overlay
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PUD Guide for 10 Acre PUD,Feb.2021
8. Parking
Three (3) off-street parking spaces shall be provided per Single Family Dwelling.
8.1 Parking of Other Vehicles
No vehicles, boats or trailers, may be stored for a fee or barter with an individual or entity that is not a
resident. Commercial vehicles shall not be parked on any Lot or common space, unless it is used for a
permitted home occupation or home business or is a company vehicle used for commuting that is parked
overnight.Heavy equipment used in a business operation shall not be parked on any Lot or common space.
However,commercial vehicles or heavy equipment used in a business may be parked on a Lot or common
space if it is actively being used for construction within 10 Acre PUD. Vehicles making deliveries may
be parked on Lots during deliveries.No vehicles requiring a Commercial Driver's License shall be parked
overnight or stored on any Lot or common space unless it is actively being used for construction within
10 Acre PUD.
8.2 Signs
The top of all signs shall be no higher than 6 ft. The maximum allowed sign area is as follows:
• Recreation area: 12 sq ft
• All other signs: 6 sq ft
Signs that follow Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD) and
signs that are required by jurisdictional regulations and by law are exempt from the above height and.
maximum sign area provisions. Other requirements are listed below:
• Signs must comply with provisions of sections Prohibited Signs and Illumination, as amended,
as set forth in Article 4 of the ECLUR and MUTCD and the Colorado Supplement thereto.
• All sign illumination must be downcast.
• Signage for home businesses and home occupations are not allowed.
• Additional sign requirements will be set forth in the Rules of the Homeowners' Association.
9. Wood Burning Controls
No wood burning devices shall be installed in any Structure except for EPA Step 2 certified wood burning
devices.
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PUD Guide for 10 Acre PUD,Feb.2021
10. Fences
All new installation of fences shall conform to the following requirements:
• All fences except Exclusion Fences and Privacy Fences shall be required to meet the wildlife
friendly fencing guidelines of Colorado Parks and Wildlife.
• Fencing may not enclose more than 33%of the Lot area except for fencing conforming to wildlife
friendly fencing guidelines of Colorado Parks and Wildlife.
• Privacy Fences may not exceed 60 total linear feet in any one direction.
• Privacy Fences may only be located within Building Envelopes.
• Drainage easements shall be free of Exclusion Fences.
• All fences must be 8 ft or less in height.
• Fences shall not be constructed within infiltration or detention ponds or their embankments.
Fences shall not be constructed in a location or manner to interfere with the function of utilities
and drainage or impede access to such features and their associated easements.
A split rail fence, or other fence of rural character, shall be provided along Willits Lane that prevents
pedestrians crossing at locations other than at Meadow Drive.
11. Sustainability
11.1 Renewable Energy System
All Single Family Dwellings shall fulfill one of the following, which are above and beyond ECLUR
requirements:
1. Provide an on-site renewable energy system that offsets 50% or more of its energy use.
2. Achieve a Home Energy Rating System(HERS) Index of 31 or less.
3. Achieve a HERS Index of 45 and install a photovoltaic system sized at lesser of i) the maximum
allowed by the local electric utility or ii) 1.5 Watt per square foot of Floor Area.
Electric vehicle chargers shall be excluded in the calculation of such offsets and HERS Indices.
Demonstration of compliance with the requirements of this section shall be provided at building permit
application.
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PUD Guide for 10 Acre PUD,Feb.2021
11.2 Electric Vehicle Chargers
Newly constructed Structures with a dedicated attached or detached Garage shall facilitate future
installation and use of electric vehicle chargers. For each dwelling unit, a 208/240-volt individual branch
circuit or a listed raceway to accommodate a future individual branch circuit shall be installed. The
raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate
at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close
proximity to the proposed location of the electric vehicle charger. Raceways are required to be continuous
at enclosed, inaccessible or concealed areas and spaces. The service panel or subpanel circuit directory
shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to
permit installation of a branch circuit overcurrent device. Electrical vehicle supply equipment shall be
installed in accordance with NFPA 70.
12. Site Specific Soils Analysis
Prior to submittal of a building permit application, site specific soils analysis shall be performed.
Appropriate mitigation shall be performed during construction if needed for structural integrity.
13. Modifications of the PUD Guide
Amendments or major modifications to Preliminary Plan for PUD shall be processed according to the
section Amendment to Preliminary Plan for PUD in Article 5 of ECLUR, or as amended.
Minor deviations or minor modifications to the Preliminary Plan for PUD shall be processed according to
the Minor Deviations paragraph in the section Preliminary Plan for PUD in Article 5 of ECLUR,or similar
administrative process as amended.
Minor modifications include,but are not limited to:
• Any minor change to address technical errors
• Altering the Building Envelope line on the south, west, and southwest boundaries of the PUD
only when the following can be demonstrated:
• The request is a result of a subsidence hazard that precludes the building of the dwelling unit
within the Building Envelope.
• The request represents the minimum amount necessary to accommodate the dwelling unit.
• No other variances from dimensional limitations are being requested.
15
PUD Guide for 10 Acre PUD,Feb. 2021
• The request is accompanied by a report stamped by a licensed geotechnical engineer
demonstrating that the building site is the only suitable location for the dwelling unit based
on geo hazards present.
• Any minor change, including utilities, which are first discovered during actual development
which could not reasonably be anticipated during the approval process.
14. Other Restrictions
Buyers of Lots or parcels in the PUD should be aware that requirements more restrictive than those
contained in this Guide may be imposed as a result of the Covenants,Conditions&Restrictions(CC&R's),
duly adopted Rules of the Homeowners' Association, Final Plat or other applicable development
documents that are recorded separately for the PUD. The most current CC&R's and Rules of the
Homeowners' Association for a particular filing should be consulted prior to formalizing development
plans for construction at the PUD.
15. Enforcement
The Homeowners' Association shall have the responsibility for interpreting and enforcing this Guide in
accordance with the terms of the CC&Rs, provided, however, Eagle County shall have the independent
right to enforce the provisions of this Guide. Eagle County expressly reserves the right to refuse to approve
any application for a building permit or certificate of occupancy for the construction or occupancy of any
Building or Structure within the PUD if said Building or Structure fails to comply with the requirements
of this Guide.This provision shall not be construed as a waiver by any appropriate party,including without
limitation, any owner of a Dwelling Unit, the Homeowners' Association, or the Declarant, of any right to
appeal, pursuant to the appeal rights otherwise available under the Land Use Regulations, Eagle County
building codes or by other applicable law.
The Homeowners' Association may be dissolved or terminated through a Minor Modification without
requiring an amendment to the PUD so long as the maintenance of common elements is accomplished
through some other mechanism satisfactory to the Community Development Director, such as a perpetual
recorded maintenance agreement between Lot owners.
16. Housing Plan
The 10 Acre PUD Housing Plan will provide"price gap funding"to three(3)Habitat for Humanity of the
Roaring Fork Valley, Incorporated("HFH RFV")price capped for sale units priced at 80%AMI, located
in close proximity to the 10 Acre PUD,preferably in Eagle County.
16
PUD Guide for 10 Acre PUD,Feb.2021
10 Acre Holdings, LLC will deposit the calculated payment in lieu of $184,987.73 to Eagle County
Housing Development Authority ("ECHDA") prior to the recording of the project's Final Plat. Once
received, ECHDA will acknowledge that the 10 Acre PUD has satisfied its required housing mitigation
as required by the Eagle County Affordable Housing Guidelines.
The payment in lieu funds will provide RFV HFH the opportunity to use these funds toward constructing
at least three (3)units priced at 80% of AMI in close proximity to the 10 Acre PUD, preferably in Eagle
County. HFH RFV will notify ECHDA that it has received approval of a development permit for at least
three(3)units priced at 80% of AMI in close proximity to the 10 Acre PUD, preferably in Eagle County,
and those units have a price gap. ECHDA will approve the calculation and methodology of the price gap,
then ECHDA will release the funds to HFH RFV to fund the construction of three(3)units priced at 80%
AMI. If the approved calculation of the price gap for 3 units priced at 80% AMI, is less than the payment
in lieu 10 Acre Holdings, LLC will receive a refund of the remaining payment in lieu balance.
In the event that five (5) years has passed from the time of receipt of the payment in lieu, and RFV HFH
has not requested the funds for an approved project,the entire payment in lieu fee will no longer restricted
and ECHDA may use the payment in lieu fee to fund housing projects and initiatives in the Roaring Fork
Valley preferably in Eagle County. 10 Acre Holdings, LLC will no longer be eligible for a refund of any
payment in lieu balance.
17
PUD Guide for 10 Acre PUD,Feb.2021
17. PUD GUIDE EXECUTION
IN WITNESS WHEREOF,Eagle County and the Developer have executed this PUD Guide as of
Date effective:
BOARD OF COUNTY COMMISSIONERS
OF EAGLE COUNTY COLORADO
,.—DocuSigned by:
/s/ Ault Sd
-81E782D718E0473...
Matt scherr , CHAIRMAN
of
ATTEST:
/--DocuSigned by:
Is/ 't t 1-'byit,A, se
"--F9 D 62 F246896440...
Regina O'Brien , CLERK&RECORDER
10 ACRE HOLDINGS, LLC
^-DocuSigned by:
'-64BE15996A304CA...
BRIAN ROSE, MEMBER
18
DocuSign Envelope ID:2A1E8F3D-OCD5-4969-B5CF-DCB947823E96
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EXHIBIT E
Form of PUD Agreement
14
COUNTY OF EAGLE, STATE OF COLORADO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
THE 10 ACRE PUD PLANNED UNIT DEVELOPMENT
File Number: PDSP-9012
WHEREAS, on or about February 6, 2019, 10 Acre Holdings, LLC, a Colorado limited
liability company(hereinafter 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, for a Sketch and Preliminary Plan for the 10 Acre
PUD Planned Unit Development(the "PUD"), File No. PDSP-9012; and,
WHEREAS, the Applicant requested approval of a consolidated Sketch and Preliminary
Plan for the 10 Acre PUD (the"Sketch/Preliminary Plan for PUD") for a proposed development
consisting of 5 single-family residential dwelling units and allowing for 4 accessory dwelling
units ("ADU") on a 10.02-acre site located on Willits Lane in unincorporated Eagle County, as
more particularly described on Exhibit A attached hereto (the "Property"); and,
WHEREAS, on August 25, 2020, the Eagle County Board of County Commissioners
(the "Board") approved Applicant's Sketch/Preliminary Plan for PUD with conditions, as set
forth in Eagle County Resolution No. 2021- 12 ("Resolution"); and,
WHEREAS, as part of the approval of Applicant's Sketch/Preliminary Plan, the Board
approved the Planned Unit Development Guide for 10 Acre PUD (the "PUD Guide"), recorded
at Reception No. 202104387 in the Eagle County Clerk and Recorder's Office and attached
hereto as Exhibit B; and,
WHEREAS, concurrent with the approval of the Sketch/Preliminary Plan for PUD,the
Applicant and the Eagle County Board of County Commissioners (the"Board")hereby 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 Sketch/Preliminary
Plan for PUD and this Agreement and such supplemental agreements relating to the PUD as
may be appropriate and necessary; and,
WHEREAS, this Agreement provides for the inclusion of a Common Open Space,
Park&Recreation Area for the benefit of the residents of 10 Acre PUD, a landscape plan and
a Housing Plan in accordance with the Eagle County Land Use Regulations (the"ECLUR");
and,
WHEREAS, this Agreement ensures installation of necessary public
improvements planned to accommodate the development of the PUD in accordance with
the ECLUR; and
C21-056
WHEREAS,pursuant to Article 5-240.F.3.h. items (1) through(4) of the ECLUR, the
Board finds that the following shall set forth the obligations of the Applicant pursuant to this
Agreement.
NOW, THEREFORE, in consideration of approval of the Sketch/Preliminary Plan for
PUD, 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 and successive owners of any part thereof, is bound to all of
the conditions placed in the Resolution.
2. COMMON OPEN SPACE AREAS
2.1 Common Areas Plan. The Applicant agrees to be bound by its verbal and written
assurance as to its common open space and recreation area as set forth in the Common Areas
Plan contained in the PUD Guide. The Common Areas Plan outlines the area of common open
space,parks,trails and recreation lands and includes terms by which any common areas will be
maintained. Applicant must submit a final Common Areas Plan with its application for the Final
Plat which must be consistent with the Common Areas Plan contained in the PUD Guide.
3. LANDSCAPE PLAN AND PUBLIC IMPROVEMENT GUARANTEE; PHASING
3.1 Construction Phasing. The Applicant anticipates constructing the infrastructure
for the PUD in a single phase.
3.2 Landscape Plan. The Applicant agrees to submit with the application for the Final
Plat approval a Landscape Plan for the common areas of the Property subject to such Final Plat
that complies with the ECLUR Section 4-220 and the Conceptual Landscape Plan contained in
the Applicant's application for the PUD. The Landscape Plan must be approved by the Board
before or concurrently with approval of the Final Plat.
3.3 Agreement to Guarantee Landscaping. The Applicant agrees to provide a
guarantee pursuant to the requirements of the ECLUR in a form acceptable to the County
Attorney to ensure landscaping complying with the approved Landscape Plan for the PUD is
being installed. The Applicant agrees to provide such guarantee for no less than one hundred
and twenty-five percent(125%) of the estimated cost to install the landscaping improvements.
The Applicant agrees that the landscaping guarantee for the PUD shall be provided at the time of
recording of the Final Plat. In the event such guarantee is not received, the Final Plat shall not
be recorded.
3.4 Release of Landscape Guarantee. As portions of the landscape improvements
are completed, the Eagle County Community Development Director, or designated
representatives within the County staff, shall inspect them, and upon approval and acceptance,
2
shall authorize the release of the agreed estimated cost for that portion of the improvements,
except that ten percent (10%) shall be withheld until all proposed improvements are completed
and approved, and an additional twenty-five percent(25%) shall be retained until the
improvements have been maintained in a satisfactory condition for two (2) years.
3.5 Guarantee for Public Improvements. The Applicant agrees to provide for the
PUD a guarantee in a form acceptable to the County Attorney to ensure necessary public
improvements are installed according to the development approval for no less than one hundred
percent (100%) of the estimated cost of the public improvements, as estimated by the Applicant's
engineer and approved by the Eagle County Engineer. The Applicant agrees that the guarantee
for the PUD shall be provided at the time of recording of the Final Plat. In the event such
guarantee is not received, the Final Plat shall not be recorded. As portions of the public
improvements are completed,the Eagle County Engineer shall inspect them, and upon approval
and acceptance, shall authorize the release of the agreed cost for that portion of the improvements
except that ten percent(10%) shall be withheld until all proposed improvements for are
completed and approved by the Eagle County Engineer.
A. Warranty. The Subdivision Improvements Agreement, discussed below, shall
provide for a warranty period of two (2) years following substantial completion of the last of the
public improvements within the PUD.
3.6 Subdivision Improvement Agreements. The Applicant agrees to execute a
Subdivision Improvements Agreement(hereinafter referred to as the "SIA")prior to approval of
the Final Plat for the PUD. The SIA will contain, among other things, the following provisions:
A. Specification of Improvements. The improvements to be installed for the PUD
(the"PUD Improvements") shall be specified, including but not limited to landscaping and
public improvement guarantees, and shall include requirements as set forth in the Resolution
approving File No. PDSP-9012.
B. Indemnification. The Applicant shall indemnify and hold the County harmless
from any and all claims made against the County by any contractor, subcontractor, materialmen,
employee, independent contractor, agent or representative involved in the work necessary to
comply with the SIA, or on account of any other claims against the County because of the
activities conducted in furtherance of the terms of the SIA. This indemnification and hold
harmless provision shall include any reasonable and customary legal expenses or costs incurred
by the County. Notwithstanding the foregoing, the Applicant shall not be liable to indemnify the
County for claims caused by the act or omission of the County without regard to the involvement
of the Applicant.
C. Certificates of Insurance. The Applicant shall secure from any contractor or
subcontractor engaged in the work necessary to comply with the SIA a Certificate of Insurance
providing for liability protection in the minimum amount of$350,000 per individual and
$990,000 per occurrence, naming the County as an additional insured. The Developer, if it
serves as the contractor for the PUD Improvements, shall provide insurance in the same form and
amounts as required of the general contractor. Said limits shall be adjusted to comply with any
changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Section
3
114(1)(a), Colorado Revised Statutes.
D. County Incurs No Liability. The County shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage happening or
occurring to the PUD and/or PUD Improvements specified in the SIA prior to the completion and
acceptance of the same; nor shall the County, nor any officer or employee thereof,be liable for
any persons or property injured or damaged by reasons of the nature of said work on the PUD
Improvements, but all of said liabilities shall be and are hereby assumed by the Applicant. The
Applicant 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 the Applicant hereunder; and the Applicant 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 may have.
4. HOUSING PLAN
4.1 The Applicant has agreed to the Housing Plan approved as part of the PUD, which
Housing Plan stated in the PUD Guide.
5. OTHER MATTERS
5.1 Internal PUD Roadways; Construction and Maintenance. At Final Plat approval
for the PUD, the new roadway to be constructed pursuant to the PUD and depicted on the Final
Plat("PUD Roadway") shall be constructed to County Standards, subject to a warranty period
and acceptance. Further, construction, maintenance and repair of the PUD Roadway and
sidewalks shall be the responsibility of the Applicant or its successor or assigns (which may be
an owner's association)pursuant to plat notes delineated on the Final Plat with respect to the
PUD Roadway and sidewalks created by the Final Plat. The responsibilities undertaken by the
Applicant or its successor or assigns with respect to the PUD Roadway and sidewalks include,
without limitation, the obligation of construction, maintenance and repair of the PUD Roadway
and sidewalks, to include traffic control signs and markings, and of compliance with the snow
management plan for the PUD.
5.2 Public School Dedication Fee. In accordance with the ECLUR, the PUD is
subject to a school land dedication requirement or fees-in-lieu payment for the benefit of the RE-
1 School District(the"District"). Fee in lieu will be calculated at Final Plat and paid prior to
recording of Final Plat.
5.3. Dedication to Town of Basalt. The PUD contemplates dedication of a strip of
land to the Town of Basalt adjacent to Willits Lane contemporaneously with the recordation of
the Final Plat for the PUD. Upon such dedication, such strip of dedicated land shall
automatically be released from the obligations hereof.
4
6. GENERAL PROVISIONS
6.1 Compliance with Land Use Regulations. The Applicant and its successor or
assigns shall be required to obtain all necessary permits and comply with the provisions of the
ECLUR as the same are in effect at the time of commencement of construction of the PUD
Improvements referred to herein.
6.2 Sole Responsibility of Applicant Prior to County Acceptance. The Applicant
agrees and understands that at all times prior to the completion and acceptance by the County of
the on and off-site PUD Improvements set forth in this Agreement and the SIA, each of said
improvements not accepted as complete shall be the sole responsibility and charge of the
Applicant.
6.3. Severability. Whenever possible, each provision of this Agreement and any other
related documents shall be interpreted in such a manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or prohibited under said applicable law,
such provision shall be ineffective to the extent of such invalidity or prohibition without
invalidating the remaining provisions of such subsection or document.
6.4 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment or
modification is in writing and signed by the County and the Applicant or the Applicant's
successor(s) affected by any such amendment. Minor deviations from this Agreement may be
approved by the County Community Development Director or his or her designee within the
County staff. Minor deviations that are authorized are those generally described in Section 5-
240.F.3.1 of the ECLUR.
6.5 Assignability. This Agreement shall be enforceable against the Applicant,
provided,however,that in the event the Applicant sells, transfers or assigns all or part of the
PUD, the obligations of the Applicant under this Agreement as to that portion of the PUD may
be assumed in writing by the purchaser of the parcel,and the Applicant shall have no further
obligations hereunder. It is agreed, however, that no such assumption of these obligations shall
be effective unless the County gives its prior written approval to such assumption following an
investigation of the financial condition of the purchaser, which consent shall not be
unreasonably withheld. The Applicant shall not otherwise assign, transfer, convey,pledge or
otherwise dispose of this Agreement without prior written consent of the County,which
consent shall not be unreasonably withheld.
6.6 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto,their respective successors, and assigns.
6.7 No Rights to Third Parties. This Agreement does not and shall not be deemed to
confer upon or grant to any third party any right to claim damages or to bring any lawsuit,
action or other proceedings against either the County or its officers, employees or agents
because of any breach hereof or because of any terms, covenants, agreements or conditions
contained herein.
5
6.8 Enforcement. At its sole option, the County may enforce the provisions of this
Agreement in the same manner and with the same remedies applicable to the enforcement of land
use regulations pursuant to the ECLUR, as they may be amended from time to time, or as
otherwise provided by law. Alternatively, the terms of this Agreement shall be enforceable by the
Board or its designee by any appropriate equitable or legal action, including but not limited to
specific performance, mandamus, abatement, or injunction. The remedies explicitly provided
herein are cumulative, and not exclusive, of all other remedies provided by law.
6.9 Notice. Any notice required pursuant to the terms of this Agreement shall be
deemed given on the day that the same is placed in the United States Mail, postage prepaid,
certified or registered mail, return receipt requested.
Address for giving notice to County:
Eagle County Attorney's Office •
P.O. Box 850, 500 Broadway
Eagle, CO 81631
(970) 328-8685
Address for giving notice to Applicant:
Brian Rose
Manager
10 Acre Holdings, LLC
180 Riverside Dr.
Basalt Colorado, CO
Any party may change its address for receiving notices by delivery of at least seven(7) days'
prior notice to the other party pursuant to the foregoing provisions. With respect to any
successor to Applicant with respect to the PUD as provided in this Agreement, unless another
address is provided in writing by such successor, the notice address for such successor shall be
the address on file with the Eagle County Assessor's Office or the address of such successor's
Registered Agent with the Colorado Secretary of State's Office, if applicable.
[remainder of page intentionally blank]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
EAGLE COUNTY, COLORADO, by and through its
Board of County Commissioners
DocuSigned by:
By: hal+ Sd ui"
a 'Seffdfr0Thair
ATTEST: ,--DocuSigned by:
r4L Ot'bvitAA,
Clerk to the'a iE4i'$96440...
County Commissioners
APPLICANT:
10 Acre Holdings, LLC , a Colorado limited liability company
/—DocuSigned by:
By: ---
Name: Brian R68 i5gg6A3Q4CA,.
Its: General Manager
Exhibit List:
Exhibit A: Legal Description of the Property
Exhibit B: PUD Guide
7
k.
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A PARCEL OF LAND SITUATED IN TRACT 47, TOWNSHIP 8 SOUTH, RANGE 87 WEST
OF THE 6TH P.M.; SAID PARCEL BEING ENTIRELY WITHIN THAT PROPERTY
DESCRIBED IN THAT DOCUMENT RECORDED JUNE 12, 1985 AS RECEPTION NO.
313171 OF THE EAGLE COUNTY, COLORADO RECORDS; SAID PARCEL LYING WEST
OF THE COUNTY ROAD KNOWN AS WILLITS LANE, AS SAID ROAD WAS USED AT
THE DATE OF THE EXECUTION OF THAT CERTAIN WARRANTY DEED DATED
DECEMBER 24, 1903 RECORDED IN BOOK 65 AT PAGE 532 OF THE RECORDS IN THE
EAGLE COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY RECORDED AS
RECEPTION NO. 313171, SAID POINT BEING A POINT AT THE INTERSECTION OF THE
NORTH LINE OF TRACT 47 AND THE WEST EDGE OF THE ASPHALT OF SAID
WILLITS LANE (WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF
S.89°54'55"E. BETWEEN THE WITNESS CORNER FOR AP4, TRACT 47, MONUMENTED
BY A#5 REBAR AND 1.25" CAP STAMPED L.S. 14111 AND THE WITNESS CORNER
FOR AP3, TRACT 47, MONUMENTED BY A 2" ALUMINUM PIPE AND 3.25" CAP
STAMPED L.S. 28643); THENCE S.00°29'29"E., ALONG THE EASTERLY BOUNDARY
LINE OF SAID RECEPTION NO. 313171 AND SAID WEST EDGE OF ASPHALT, A
DISTANCE OF 565.16 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY LINE
AND SAID WEST EDGE OF ASPHALT N.89°54'55"W., A DISTANCE OF 537.96 FEET;
THENCE N.50°44'11"W.,A DISTANCE OF 143.47 FEET; THENCE N.29°38'18"W., A
DISTANCE OF 110.61 FEET; THENCE N.62°47'41"W., A DISTANCE OF 174.90 FEET;
THENCE N.00°05'05"E., A DISTANCE OF 298.71 FEET MORE OR LESS TO SAID NORTH
LINE OF TRACT 47; THENCE S.89°54'55"E. ALONG SAID NORTH LINE OF TRACT 47, A
DISTANCE OF 854.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO
8
EXHIBIT B
THE 10 ACRE PUD GUIDE
9
COUNTY OF EAGLE, STATE OF COLORADO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
THE 10 ACRE PUD PLANNED UNIT DEVELOPMENT
File Number: PDSP-9012
WHEREAS, on or about February 6, 2019, 10 Acre Holdings, LLC, a Colorado limited
liability company(hereinafter 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, for a Sketch and Preliminary Plan for the 10 Acre
PUD Planned Unit Development(the"PUD"), File No. PDSP-9012; and,
WHEREAS, the Applicant requested approval of a consolidated Sketch and Preliminary
Plan for the 10 Acre PUD (the "Sketch/Preliminary Plan for PUD") for a proposed development
consisting of 5 single-family residential dwelling units and allowing for 4 accessory dwelling
units ("ADU") on a 10.02-acre site located on Willits Lane in unincorporated Eagle County, as
more particularly described on Exhibit A attached hereto (the "Property"); and,
WHEREAS, on August 25, 2020, the Eagle County Board of County Commissioners
(the "Board") approved Applicant's Sketch/Preliminary Plan for PUD with conditions, as set
forth in Eagle County Resolution No. 2021- 12 ("Resolution"); and,
WHEREAS, as part of the approval of Applicant's Sketch/Preliminary Plan, the Board
approved the Planned Unit Development Guide for 10 Acre PUD (the "PUD Guide"), recorded
at Reception No. 202104387 in the Eagle County Clerk and Recorder's Office and attached
hereto as Exhibit B; and,
WHEREAS, concurrent with the approval of the Sketch/Preliminary Plan for PUD, the
Applicant and the Eagle County Board of County Commissioners (the "Board")hereby 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 Sketch/Preliminary
Plan for PUD and this Agreement and such supplemental agreements relating to the PUD as
may be appropriate and necessary; and,
WHEREAS, this Agreement provides for the inclusion of a Common Open Space,
Park&Recreation Area for the benefit of the residents of 10 Acre PUD, a landscape plan and
a Housing Plan in accordance with the Eagle County Land Use Regulations (the "ECLUR");
and,
WHEREAS, this Agreement ensures installation of necessary public
improvements planned to accommodate the development of the PUD in accordance with
the ECLUR; and
C21-056
WHEREAS, pursuant to Article 5-240.F.3.h. items (1)through (4) of the ECLUR, the
Board finds that the following shall set forth the obligations of the Applicant pursuant to this
Agreement.
NOW, THEREFORE, in consideration of approval of the Sketch/Preliminary Plan for
PUD, 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 and successive owners of any part thereof, is bound to all of
the conditions placed in the Resolution.
2. COMMON OPEN SPACE AREAS
2.1 Common Areas Plan. The Applicant agrees to be bound by its verbal and written
assurance as to its common open space and recreation area as set forth in the Common Areas
Plan contained in the PUD Guide. The Common Areas Plan outlines the area of common open
space, parks, trails and recreation lands and includes terms by which any common areas will be
maintained. Applicant must submit a final Common Areas Plan with its application for the Final
Plat which must be consistent with the Common Areas Plan contained in the PUD Guide.
3. LANDSCAPE PLAN AND PUBLIC IMPROVEMENT GUARANTEE; PHASING
3.1 Construction Phasing. The Applicant anticipates constructing the infrastructure
for the PUD in a single phase.
3.2 Landscape Plan. The Applicant agrees to submit with the application for the Final
Plat approval a Landscape Plan for the common areas of the Property subject to such Final Plat
that complies with the ECLUR Section 4-220 and the Conceptual Landscape Plan contained in
the Applicant's application for the PUD. The Landscape Plan must be approved by the Board
before or concurrently with approval of the Final Plat.
3.3 Agreement to Guarantee Landscaping. The Applicant agrees to provide a
guarantee pursuant to the requirements of the ECLUR in a form acceptable to the County
Attorney to ensure landscaping complying with the approved Landscape Plan for the PUD is
being installed. The Applicant agrees to provide such guarantee for no less than one hundred
and twenty-five percent(125%) of the estimated cost to install the landscaping improvements.
The Applicant agrees that the landscaping guarantee for the PUD shall be provided at the time of
recording of the Final Plat. In the event such guarantee is not received,the Final Plat shall not
be recorded.
3.4 Release of Landscape Guarantee. As portions of the landscape improvements
are completed, the Eagle County Community Development Director, or designated
representatives within the County staff, shall inspect them, and upon approval and acceptance,
2
shall authorize the release of the agreed estimated cost for that portion of the improvements,
except that ten percent(10%) shall be withheld until all proposed improvements are completed
and approved, and an additional twenty-five percent(25%) shall be retained until the
improvements have been maintained in a satisfactory condition for two (2) years.
3.5 Guarantee for Public Improvements. The Applicant agrees to provide for the
PUD a guarantee in a form acceptable to the County Attorney to ensure necessary public
improvements are installed according to the development approval for no less than one hundred
percent(100%) of the estimated cost of the public improvements, as estimated by the Applicant's
engineer and approved by the Eagle County Engineer. The Applicant agrees that the guarantee
for the PUD shall be provided at the time of recording of the Final Plat. In the event such
guarantee is not received, the Final Plat shall not be recorded. As portions of the public
improvements are completed, the Eagle County Engineer shall inspect them, and upon approval
and acceptance, shall authorize the release of the agreed cost for that portion of the improvements
except that ten percent(10%) shall be withheld until all proposed improvements for are
completed and approved by the Eagle County Engineer.
A. Warranty. The Subdivision Improvements Agreement, discussed below, shall
provide for a warranty period of two (2) years following substantial completion of the last of the
public improvements within the PUD.
3.6 Subdivision Improvement Agreements. The Applicant agrees to execute a
Subdivision Improvements Agreement(hereinafter referred to as the "SIA") prior to approval of
the Final Plat for the PUD. The SIA will contain, among other things,the following provisions:
A. Specification of Improvements. The improvements to be installed for the PUD
(the "PUD Improvements") shall be specified, including but hot limited to landscaping and
public improvement guarantees, and shall include requirements as set forth in the Resolution
approving File No. PDSP-9012.
B. Indemnification. The Applicant shall indemnify and hold the County harmless
from any and all claims made against the County by any contractor, subcontractor, materialmen,
employee, independent contractor, agent or representative involved in the work necessary to
comply with the SIA, or on account of any other claims against the County because of the
activities conducted in furtherance of the terms of the SIA. This indemnification and hold
harmless provision shall include any reasonable and customary legal expenses or costs incurred
by the County. Notwithstanding the foregoing, the Applicant shall not be liable to indemnify the
County for claims caused by the act or omission of the County without regard to the involvement
of the Applicant.
C. Certificates of Insurance. The Applicant shall secure from any contractor or
subcontractor engaged in the work necessary to comply with the SIA a Certificate of Insurance
providing for liability protection in the minimum amount of$350,000 per individual and
$990,000 per occurrence, naming the County as an additional insured. The Developer, if it
serves as the contractor for the PUD Improvements, shall provide insurance-in the same form and
amounts as required of the general contractor. Said limits shall be adjusted to comply with any
changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Section
3
114(1)(a), Colorado Revised Statutes.
D. County Incurs No Liability. The County shall not, nor shall any officer or
employee thereof,be liable or responsible for any accident, loss or damage happening or
occurring to the PUD and/or PUD Improvements specified in the SIA prior to the completion and
acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for
any persons or property injured or damaged by reasons of the nature of said work on the PUD
Improvements, but all of said liabilities shall be and are hereby assumed by the Applicant. The
Applicant 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 the Applicant hereunder; and the Applicant 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 may have.
4. HOUSING PLAN
4.1 The Applicant has agreed to the Housing Plan approved as part of the PUD, which
Housing Plan stated in the PUD Guide.
5. OTHER MATTERS
5.1 Internal PUD Roadways; Construction and Maintenance. At Final Plat approval
for the PUD, the new roadway to be constructed pursuant to the PUD and depicted on the Final
Plat("PUD Roadway") shall be constructed to County Standards, subject to a warranty period
and acceptance. Further, construction, maintenance and repair of the PUD Roadway and
sidewalks shall be the responsibility of the Applicant or its successor or assigns (which may be
an owner's association)pursuant to plat notes delineated on the Final Plat with respect to the
PUD Roadway and sidewalks created by the Final Plat. The responsibilities undertaken by the
Applicant or its successor or assigns with respect to the PUD Roadway and sidewalks include,
without limitation, the obligation of construction, maintenance and repair of the PUD Roadway
and sidewalks, to include traffic control signs and markings, and of compliance with the snow
management plan for the PUD.
5.2 Public School Dedication Fee. In accordance with the ECLUR, the PUD is
subject to a school land dedication requirement or fees-in-lieu payment for the benefit of the RE-
1 School District(the "District"). Fee in lieu will be calculated at Final Plat and paid prior to
recording of Final Plat.
5.3. Dedication to Town of Basalt. The PUD contemplates dedication of a strip of
land to the Town of Basalt adjacent to Willits Lane contemporaneously with the recordation of
the Final Plat for the PUD. Upon such dedication, such strip of dedicated land shall
automatically be released from the obligations hereof
4
6. GENERAL PROVISIONS
6.1 Compliance with Land Use Regulations. The Applicant and its successor or
assigns shall be required to obtain all necessary permits and comply with the provisions of the
ECLUR as the same are in effect at the time of commencement of construction of the PUD
Improvements referred to herein.
6.2 Sole Responsibility of Applicant Prior to County Acceptance. The Applicant
agrees and understands that at all times prior to the completion and acceptance by the County of
the on and off-site PUD Improvements set forth in this Agreement and the SIA, each of said
improvements not accepted as complete shall be the sole responsibility and charge of the
Applicant.
6.3. Severability. Whenever possible, each provision of this Agreement and any other
related documents shall be interpreted in such a manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or prohibited under said applicable law,
such provision shall be ineffective to the extent of such invalidity or prohibition without
invalidating the remaining provisions of such subsection or document.
6.4 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment or
modification is in writing and signed by the County and the Applicant or the Applicant's
successor(s) affected by any such amendment. Minor deviations from this Agreement may be
approved by the County Community Development Director or his or her designee within the
County staff. Minor deviations that are authorized are those generally described in Section 5-
240.F.3.1 of the ECLUR.
6.5 Assignability. This Agreement shall be enforceable against the Applicant,
provided, however, that in the event the Applicant sells, transfers or assigns all or part of the
PUD, the obligations of the Applicant under this Agreement as to that portion of the PUD may
be assumed in writing by the purchaser of the parcel, and the Applicant shall have no further
obligations hereunder. It is agreed, however, that no such assumption of these obligations shall
be effective unless the County gives its prior written approval to such assumption following an
investigation of the financial condition of the purchaser, which consent shall not be
unreasonably withheld. The Applicant shall not otherwise assign, transfer, convey, pledge or
otherwise dispose of this Agreement without prior written consent of the County, which
consent shall not be unreasonably withheld.
6.6 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
6.7 No Rights to Third Parties. This Agreement does not and shall not be deemed to
confer upon or grant to any third party any right to claim damages or to bring any lawsuit,
action or other proceedings against either the County or its officers, employees or agents
because of any breach hereof or because of any terms, covenants, agreements or conditions
contained herein.
5
6.8 Enforcement. At its sole option, the County may enforce the provisions of this
Agreement in the same manner and with the same remedies applicable to the enforcement of land
use regulations pursuant to the ECLUR, as they may be amended from time to time, or as
otherwise provided by law. Alternatively, the terms of this Agreement shall be enforceable by the
Board or its designee by any appropriate equitable or legal action, including but not limited to
specific performance, mandamus, abatement, or injunction. The remedies explicitly provided
herein are cumulative, and not exclusive, of all other remedies provided by law.
6.9 Notice. Any notice required pursuant to the terms of this Agreement shall be
deemed given on the day that the same is placed in the United States Mail, postage prepaid,
certified or registered mail, return receipt requested.
Address for giving notice to County:
Eagle County Attorney's Office
P.O. Box 850, 500 Broadway
Eagle, CO 81631
(970) 328-8685
Address for giving notice to Applicant:
Brian Rose
Manager
10 Acre Holdings, LLC
180 Riverside Dr.
Basalt Colorado, CO
Any party may change its address for receiving notices by delivery of at least seven(7) days'
prior notice to the other party pursuant to the foregoing provisions. With respect to any
successor to Applicant with respect to the PUD as provided in this Agreement, unless another
address is provided in writing by such successor, the notice address for such successor shall be
the address on file with the Eagle County Assessor's Office or the address of such successor's
Registered Agent with the Colorado Secretary of State's Office, if applicable.
[remainder of page intentionally blank]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
EAGLE COUNTY, COLORADO,by and through its
Board of County Commissioners
DocuSigned by:
By: Sd rr
a 1SEVd r chair
S�0.OF Eqs��'rp
ti
ATTEST: e—DocuSigned by: �
41A.a et'britAZI no f
Clerk to the'aF�f896440.__
County Commissioners
APPLICANT:
10 Acre Holdings, LLC , a Colorado limited liability company
—DocuSigned by:
By:
Name: Brian l 5996A304CA..
Its: General Manager
Exhibit List:
Exhibit A: Legal Description of the Property
Exhibit B: PUD Guide
7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A PARCEL OF LAND SITUATED IN TRACT 47,TOWNSHIP 8 SOUTH, RANGE 87 WEST
OF THE 6TH P.M.; SAID PARCEL BEING ENTIRELY WITHIN THAT PROPERTY
DESCRIBED IN THAT DOCUMENT RECORDED JUNE 12, 1985 AS RECEPTION NO.
313171 OF THE EAGLE COUNTY, COLORADO RECORDS; SAID PARCEL LYING WEST
OF THE COUNTY ROAD KNOWN AS WILLITS LANE, AS SAID ROAD WAS USED AT
THE DATE OF THE EXECUTION OF THAT CERTAIN WARRANTY DEED DATED
DECEMBER 24, 1903 RECORDED IN BOOK 65 AT PAGE 5 <QF THE RECORDS IN THE
EAGLE COUNTY RECORDER'S OFFICE, AND BEING MOi 'ARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY RECORDED AS
RECEPTION NO. 313171, SAID POINT BEING A POINT AT THE INTERSECTION OF THE
NORTH LINE OF TRACT 47 AND THE WEST EDGE OF THE ASPHALT OF SAID
WILLITS LANE (WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF
S.89°54'55"E. BETWEEN THE WITNESS CORNER FOR AP4, TRACT 47, MONUMENTED
BY A#5 REBAR AND 1.25" CAP STAMPED L.S. 14111 AND THE WITNESS CORNER
FOR AP3, TRACT 47, MONUMENTED BY A 2" ALUMINUM PIPE AND 3.25" CAP
STAMPED L.S. 28643); THENCE S.00°29'29"E., ALONG THE EASTERLY BOUNDARY
LINE OF SAID RECEPTION NO. 313171 AND SAID WEST EDGE OF ASPHALT, A
DISTANCE OF 565.16 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY LINE
AND SAID WEST EDGE OF ASPHALT N.89°54'55"W., A DISTANCE OF 537.96 FEET;
THENCE N.50°44'11"W., A DISTANCE OF 143.47 FEET; THENCE N.29°38'18"W., A
DISTANCE OF 110.61 FEET; THENCE N.62°47'41"W., A DISTANCE OF 174.90 FEET;
THENCE N.00°05'05"E., A DISTANCE OF 298.71 FEET MORE OR LESS TO SAID NORTH
LINE OF TRACT 47; THENCE S.89°54'55"E. ALONG SAID NORTH LINE OF TRACT 47, A
DISTANCE OF 854.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO
8
EXHIBIT B
THE 10 ACRE PUD GUIDE
9