HomeMy WebLinkAboutR22-006 Edwards RiverPark PUD Approval Eagle County, Co 202200947
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Regina O'Brien
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Commissioner Scherr moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022 - 006
APPROVAL OF AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF
EAGLE COUNTY AND APPROVAL OF THE SKETCH PLAN AND PRELIMINARY
PLAN FOR PLANNED UNIT DEVELOPMENT FOR THE EDWARDS RIVERPARK
PLANNED UNIT DEVELOPMENT
FILE NO. ZC-9029
FILE NO.PDSP-9050
WHEREAS, on or about July 1, 2019, the County of Eagle, State of Colorado, accepted
for filing applications submitted by Sierra Trail Investments, LLC, (hereinafter "Applicant") for
approval of a an application for an amendment to the official zone district map of Eagle County
(the "Zone Change"), File No. ZC-9029; an application for a combined Sketch Plan and
Preliminary Plan for Planned Unit Development (the "Sketch and Preliminary Plan for PUD"),
File No. PDSP-9050; and an application for approval of a 1041 Permit to construct major
extensions of existing municipal and domestic water and wastewater treatment systems, File No.
1041-9030 (the "1041 Permit") for the development known as the Edwards RiverPark Planned
Unit Development ("Edwards RiverPark PUD"), for the approximately 53.270-acre property
located in Edwards, Colorado, and more particularly described at Exhibit A, attached hereto and
incorporated herein by reference(the"Property"); and
WHEREAS, the Applicant requested approval of an application for the Zone Change to
rezone the Property from the Resource and Rural Residential zone districts to the PUD zone
district; and
WHEREAS,the Applicant requested approval of the Sketch and Preliminary Plan for
PUD for the Edwards RiverPark PUD, which included,but was not limited to, the following
elements:
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Application
Housing-Total Units • 440 units
Housing Plan-Workforce Units • 90 deed restricted rental units(81 price capped rental
units and 9 resident occupied("RO")rental units)
• 98 RO deed restricted for sale units
• 82 RO deed restricted for sale or rental units (unit mix
at the discretion of the developer)
Housing-Free Market • 170 free market residential units
Commercial Space • maximum of 11,500 square feet, including 2,500
square feet of dedicated space for a childcare facility,
retail stores,and a public plaza
Developer RETA • 1%RETA on sales of free-market units
Wildlife Enhancement Fund • 0.02%RETA
Wetland Setback • 50 feet throughout PUD
• 15 feet in PA-6
• Wetlands Protection and Access Control Plan,as
amended and Riparian and Water Quality
Management Plan,as amended
Open Space Acreage • 35.29 acres
Off-Site Landscape Improvements • $250,000 of Landscape Improvements on Eagle River
Preserve
Conservation Easement • PA-1,PA-7, and PA-9
US Highway 6(Hwy 6) • Hwy 6 improvements including a roundabout at the
Improvements Funded by the Lake Creek Road intersection,a right-in right-out
Applicant access point,and widening Hwy 6 to 4-lanes as shown
on the preliminary Hwy 6 Improvements drawings
attached as Exhibit E,permitting,right-of-way
dedication/acquisition,trail realignment,two transit
stops w/pullout lanes, signage,and utility realignment
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WHEREAS, notice of the proposed Zone Change and the proposed Sketch and
Preliminary Plan for PUD was mailed to all owners of property adjacent to the proposed PUD and
was duly published in a newspaper of general circulation throughout the County concerning the
subject matter of the applications and setting forth the dates and times of meetings for
consideration of the applications by the Eagle County Planning Commission (hereinafter the
"Planning Commission") and the Board of County Commissioners of the County of Eagle
(hereinafter the "Board") as required by the Eagle County Land Use Regulations (hereinafter the
"ECLURs") Section 5-210.E; and
WHEREAS,at its public hearings held on March 18,2020;July 15,2020;August 5,2020;
August 19, 2020; September 16, 2020; and October 7, 2020, the Eagle County Planning
Commission (the "Planning Commission") considered the proposed Zone Change and the
proposed Sketch and Preliminary Plan for PUD; associated plans, documents, and studies; and the
statements and concerns of the Applicant, the Eagle County Community Development, Housing
and Engineering staff, and other interested persons, including members of the public and adjacent
property owners; and
WHEREAS,on October 7,2020,the Planning Commission recommended approval of the
proposed Zone Change and recommended approval with conditions of the proposed Sketch and
Preliminary Plan for PUD; and
WHEREAS,at its public hearings held on December 8,2020;December 15,2020;January
19, 2021; February 2, 2021; February 9, 2021; February 16, 2021; February 23, 2021, March 2,
2021; March 9, 2021; March 23, 2021; September 7, 2021; September 28, 2021; October 7, 2021;
and October 26, 2021, the Board considered the proposed Zone Change and the proposed Sketch
and Preliminary Plan for PUD; associated plans, documents, and studies; and the statements and
concerns of the Applicant, the Eagle County Community Development, Housing and Engineering
staff, other interested persons, including members of the public and adjacent property owners; and
the recommendation of the Planning Commission; and
WHEREAS, based on the evidence, testimony, exhibits, study of the Eagle County
Comprehensive Plan and the Edwards Area Community Plan, comments and recommendations of
the Community Development Department, comments of public officials and agencies, the
recommendation of the Planning Commission, and comments from all other interested parties,the
Board finds as follows:
THAT,the application for a Zone Change for the Property complies with the standards in
ECLUR Section 5-230.D - Standards for Zone Change, as set forth in the staff reports (defined
below) and as outlined below:
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1. Conformance with the Comprehensive Plan. [Section 5-230.D.1.a-c.] — The Board
finds that the Zone Change is in substantial conformance with the purposes, intents,
goals, and policies of the 2005 Eagle County Comprehensive Plan (the
"Comprehensive Plan"),the 2017 Edwards Area Community Plan(the"EACP"), and
all other applicable ancillary County adopted documents including the Eagle County
Affordable Housing Guidelines, and those pertaining to natural resource protection,
and infrastructure management. As set forth in staff's reports dated December 8, 2020
and September 7, 2021, and staff's presentations and memos for the Edwards
RiverPark PUD(collectively"staff reports"),the Zone Change meets a preponderance
of master plan goals, policies, objectives, and implementation strategies, as well as
Future Land Use Map("FLUM")designations and land uses. Specifically,with respect
to the EACP, areas of conformance include: conformance with applicable general
development goals, policies, and recommended strategies, such as the promotion of
compact, mixed-use development within or adjacent to the community core;
conformance with applicable economic resources goals, policies, and recommended
strategies, including ensuring that commercial/retail development occurs in locations
that are compatible with surrounding uses; conformance with applicable housing goals,
policies, and recommended strategies as set forth in the Eagle County Affordable
Housing Guidelines (the "Housing Guidelines"); conformance with applicable
infrastructure and service goals,policies,and recommended strategies,such as locating
new development in areas served by adequate roads and paths and within reasonable
distance to a mass transit hub; and conformance with applicable water resource and
wildlife goals, policies, and recommended strategies. The Board further finds that the
building heights are appropriate, and that architectural features provide a pedestrian
scale to the proposed community. The building heights support the EACP statement
that,"While it is generally recommended that building heights be limited to four stories,
there are locations where taller structures may be found to be compatible." The Board
further finds that the Edwards RiverPark Affordable Housing Plan greatly exceeds the
recommended mitigation set forth in the Housing Guidelines. Pursuant to the Housing
Guidelines, the recommended affordable housing mitigation for the PUD was 110
units. The Edwards RiverPark Affordable Housing Plan provides a total of 270 deed
restricted units: 90 deed restricted rental units (81 price-capped rental units and 9 RO
rental units; 98 RO deed restricted for sale units, and 82 RO deed restricted for sale or
rental units (unit mix at the discretion of the developer), resulting in a unit equivalent
of 305.5 units under the Housing Guidelines.
2. Compatibility with Surrounding Uses. [Section 5-230.D.2.1 - The Board finds that the
Zone Change is compatible with the type,intensity,character,and scale of existing and
permissible land uses surrounding the Property. Dimensional limitations of the PUD
will result in development that will be harmonious with the physical character of
existing or permissible uses surrounding the Property. The Board finds that the current
zoning of the surrounding properties includes residential PUDs, commercial PUDs,
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Residential Suburban Low Density, Resource, and Rural Residential. The FLUM
designations for surrounding properties include Countryside Agricultural, Community
Campus, Neighborhood Residential, and Open Space Natural. The proposed PUD is
designated as "Mixed Use Commercial/Residential." The current zone district
designations and FLUM for the surrounding properties are fairly synonymous,
representing lower density residential, agricultural, open space, community uses and
mixed use. The properties across HWY 6 are considered Mixed Use and Community
Campus, which is also complementary to the Mix Use designation of the Property.
3. Public Benefit. [Section 5-230.D.3.] -The Board finds that the Zone Change addresses
a demonstrated community need through the provision of workforce housing and
otherwise results in one or more particular public benefits that offset the impacts of the
proposed PUD, including, but not limited to, an Affordable Housing Plan that greatly
exceeds the recommended mitigation set forth in the Housing Guidelines by providing
a total of 270 deed restricted units for workforce housing; transportation efficiencies,
including the construction of a roundabout at the intersection of Hwy 6 and Lake Creek
Road over the minimum required access improvement; preservation of lands through
the granting of conservation easements on PA-1, PA-7, and PA-9 of the Edwards
RiverPark PUD; inclusion of a 2,500 square foot dedicated space for a childcare
facility; and a Wildlife Enhancement Fund.
4. Change of Circumstances. [Section 5-230.D.4.] - The Board finds that circumstances
exist that warrant a zone change to implement the vision of the adopted plan. The
Property was zoned Resource and Rural Residential prior to the adoption of the
Comprehensive Plan and the EACP. These two guiding documents are the result of an
extensive evaluation of community needs, a balance of growth pressures, and broad
community input through a public process. The EACP identifies the Property as a
location for future development of a "Mixed Use Commercial/Residential" project,
which is a more intense use than what is permitted with the Resource and Rural
Residential zone districts. The Board finds that the designation in the FLUM of the
EACP indicates a change of circumstances that warrants a zone change to implement
the vision of the adopted plan.
5. Adequate Infrastructure. [Section 5-230.D.5.] -The Board finds that the Property will
be served by adequate roads,water, sewer, and other public use facilities. The Property
has direct access from Hwy 6, a public right-of-way owned and maintained by the
Colorado Department of Transportation. As discussed under the standards for a PUD
set forth below, the Applicant has offered and agreed to make infrastructure
improvements to Hwy 6 as detailed in the preliminary Highway 6 Improvements
drawings, attached as Exhibit E, to provide two points of ingress and egress and support
the additional traffic generated by the development added onto the infrastructure. As
set forth below, the Board reviewed the adequacy of the roads serving the PUD,
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including the capacity of Hwy 6, and approved a variation from the ECLUR roadway
level of service standard for Hwy 6. The Property is within the Eagle River Fire
Protection District and the Eagle County Sheriff's Department service districts. The
Applicant has obtained a conditional capacity to serve letter for water and wastewater
services for the Property from Upper Eagle Water Authority and Eagle River Water
and Sanitation District. The Applicant and/or a metropolitan district formed for the
PUD will construct,maintain, and repair all internal PUD roadways, sidewalks,paths,
and trails for the PUD in accordance with the PUD Guide and ECLUR standards, or as
varied by the Board.
THAT, the Applicant filed an application for a consolidated Sketch and Preliminary Plan
for PUD for the Property and the Board finds, pursuant to ECLUR Section 5-240.F.3.d., that
because the application was a consolidated application, the proposed Preliminary Plan for PUD is
deemed to conform to the approval given to the Sketch Plan for PUD; and
THAT, the application for a Sketch and Preliminary Plan for PUD for the Property
complies with the standards in ECLUR Section 5-240.F.3.e. - Standards, as set forth in the staff
report and as outlined below:
1. Unified ownership or control. [Section 5-240.F.3.e.(1)] - The title to all land that is
part of this PUD is owned or controlled by one (1) person/entity, Sierra Trail
Investments, LLC.
2. Uses. [Section 5-240.F.3.e.(2)]—The uses that may be developed in the PUD are those
uses that are designated as uses that are allowed, allowed as a special use, or allowed
as a limited use in Table 3-300, "Residential,Agricultural and Resource Zone Districts
Use Schedule" for the zone district designation in effect for the Property at the time of
the application for PUD. Variations of the designated uses for a zone district may be
authorized by the Board pursuant to ECLUR Section 5-240 F.3.f., and variations to
designated uses were authorized by the Board as requested in the application for Sketch
and Preliminary Plan for PUD to allow the Applicant to obtain, among other things,
desired design qualities to permit the integration of mixed uses and allow for greater
variety in the type, design, and layout of buildings, and to allow the mixing of
residential and non-residential uses, as provided in Section 5-240f.3.f.(a) of the
ECLUR. See Edwards River Park Variation Summary Table attached hereto as Exhibit
C for a list of variations approved for PUD uses.
3. Dimensional Limitations. [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 designation in effect for the Property at
the time of the application for PUD. Variations of these dimensional limitations have
been authorized by the Board pursuant to ECLUR Section 5-240 F.3.f., Variations
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Authorized, to allow the Applicant to obtain, among other things, desired design
qualities. See Edwards River Park Variation Summary Table attached hereto as Exhibit
C for a list of the variations to dimensional limitations.
4. Off-Street Parking and Loading. [Section 5-240.F.3.e.(4)] - It has been demonstrated
that, as varied and conditioned, off-street parking and loading provided in the PUD
does comply with the standards of ECLUR Article 4, Division 1, Off-Street Parking
and Loading Standards. A reduction in certain parking standards has been authorized
as set forth in Section 7 of the PUD Guide because the Applicant has demonstrated
that, based on similar developments and shared parking arrangements, the parking
needs of residents, guests and employees of the PUD will be met and/or that based on
the availability of transit, the actual needs of the PUD's residents, guests, and
employees will be less than those set by Article 4, Division 1, Off-Street Parking and
Loading Standards. Alternative methods for providing efficient parking, such as
mechanical and valet parking, have also been contemplated. See Edwards River Park
Variation Summary Table attached hereto as Exhibit C. In addition, condition of
approval 2, set forth below, was included to ensure shared parking arrangements and
the parking proposed for each Planning Area are adequate for the actual needs of the
PUD.
5. Landscaping. [Section 5-240.F.3.e.(5)] - The Applicant has demonstrated that the
landscaping proposed for the PUD does comply with the standards of Article 4,
Division 2, Landscaping and Illumination Standards.
6. Signs. [Section 5-240.F.3.e.(6)]—The Applicant has demonstrated that signs within the
PUD will comply with the standards of Article 4, Division 3, Sign Regulations.
7. Adequate Facilities. [Section 5-240.F.3.e.(7)] - The Applicant has demonstrated that
the development proposed in the Sketch and Preliminary Plan for PUD will be provided
adequate facilities for potable water, sewage disposal, solid waste disposal, electrical
supply, fire protection, and roads and will be conveniently located in relation to
schools,police,and fire protection and emergency medical services. The Applicant has
obtained a conditional capacity to serve letter for water and wastewater services for the
Property from Upper Eagle Water Authority and Eagle River Water and Sanitation
District. The Property is within the Eagle River Fire Protection District and the Eagle
County Sheriff's Department service districts. The Applicant and/or a metropolitan
district formed for the PUD will construct, maintain, and repair all internal PUD
roadways, sidewalks,paths, and trails for the PUD in accordance with the PUD Guide
and ECLUR standards, or as varied by the Board. The Board reviewed the adequacy of
the roads serving the PUD, including the capacity of Hwy 6, and approved a variation
from the ECLUR roadway level of service standard for Hwy 6 because traffic generated
by the PUD will not exceed the Colorado Department of Transportation ("CDOT")
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capacity of the Hwy 6 during the 20-year planning horizon, and because the public
infrastructure proposed by the Applicant achieves a greater efficiency of design and
greater sensitivity to environmental impacts, while following the minimum design
principles including improving safe efficient access, pathways, and principle access
points for vehicles,pedestrians,and bicycles as set forth under Section 5-240.F.3.e.(8),
Improvements, discussed below.
8. Improvements. [Section 5-240.F.3.e.(8)] - The internal infrastructure of the PUD
improvements complies with the standards applicable to the PUD, which are as
specified in Article 4, Division 6, Improvements Standards. However, the Board has
approved variations from certain County standards relating to roads, sidewalks,
recreational paths,parking stalls, and roadway level of service so that the development
achieves a greater efficiency of infrastructure design and installation through clustered
development, compact forms of development, and greater sensitivity to environmental
impacts. The Applicant is causing a roundabout to be constructed at the Hwy 6 and Lake
Creek Road intersection. This public infrastructure facility will dramatically improve
traffic congestion at the intersection for both the public and PUD and offset the reduced
level of service on the Hwy 6 segment serving the PUD. In addition,traffic generated by
the PUD will not exceed the CDOT capacity of Hwy 6 in the 20-year planning horizon.
The following minimum principles were followed in the design of the development:
(a) the circulation system was designed to provide safe, efficient access to all areas of
the PUD; (b) internal pathway will be provided to form a logical, safe, and convenient
system for pedestrian access to dwelling units and common areas; (c)roadways will be
designed to permit access by emergency vehicles to all lots or units; (d) principle
vehicular access points shall be designed to provide for smooth traffic flow,minimizing
hazards to vehicular, pedestrian, or bicycle traffic; and (e) adequate areas will be
provided to store snow removed from the internal street network and from off-street
parking areas.
9. Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e.(9)] - The PUD is
generally compatible with the existing and currently permissible future uses of adjacent
land and other lands,services,or infrastructure improvements that may be substantially
impacted.
10. Conformance with Comprehensive Plan. [Section 5-240.F.3.e.(10)] - As set forth
above, the PUD is in substantial conformance with the Eagle County Comprehensive
Plan,the EACP,and all other applicable ancillary County adopted documents including
the Housing Guidelines and those pertaining to natural resource protection and
infrastructure management.
11.Phasing. [Section 5-240.F.3.e.(11)] - The Sketch and Preliminary Plan for PUD
includes a phasing plan for the development providing that public improvements shall
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be constructed in the first phase of the development, as outlined in the PUD Guide.
12. Common Recreation and Open Space. [Section 5-240.F.3.e.(12)] - The Sketch and
Preliminary Plan for PUD complies with the common recreation and open space
standard with respect to (a) minimum area, by providing a minimum of 35.29 acres of
common recreation and open space; (b) improvements required, as the common open
space and recreational facilities are shown on the Sketch and Preliminary Plan for PUD
and will be constructed pursuant to the development schedule set forth in the phasing
plan for the PUD; (c) the Sketch and Preliminary Plan for PUD and the PUD Guide
provide for the continuing use and maintenance of the common recreation and open
space; and (d) a homeowners association and/or metropolitan district formed for the
PUD will manage all common open space and recreational and cultural facilities, and
shall provide for access and responsibility for the maintenance, administration and
operation of such land and any other land within the PUD not publicly owned, and
secure adequate liability insurance on the land..
13.Natural Resource Protection. [Section 5-240.F.3.e.(13)] -The Sketch and Preliminary
Plan for PUD considers the recommendations made by the applicable analyses
documents available at the time the application was submitted, as well as the
recommendations of referral agencies as specified in Article 4, Division 4, Natural
Resource Protection Standards, and the PUD Guide includes mitigation designed to
protect wildlife, including a Wildlife Enhancement Fund, consisting of a 0.02% real
estate transfer fee to be imposed by the Applicant and used in furtherance of wildlife
enhancement and other appropriate projects with a 25 mile radius from the Property;
as well as other mitigation to address geologic hazards;and to protect stream,wetlands,
and riparian areas through a Riparian and Water Quality Management Plan and
Wetlands Protection and Access Control Plan.
THAT,pursuant to ECLUR Section 5-240.F.1.d., the PUD proposes activities that
constitute a subdivision, and the Board finds that the application for Sketch and Preliminary Plan
for PUD also meets the requirements of ECLUR Section 5-280, Subdivision, as set forth in the
staff report and as outlined below:
1. Conformance with Comprehensive Plan. As set forth above, the PUD subdivision is in
substantial conformance with the Comprehensive Plan, the EACP, and other applicable
ancillary County adopted documents, including the Housing Guidelines and those
pertaining to natural resource protection, and infrastructure management.
2. Consistent with Land Use Regulations. The proposed PUD subdivision complies with all
of the standards of ECLUR Section 5-280, Subdivision 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.Variations to the ECLUR have been authorized
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by the Board pursuant to Section 5-240 F.3.f., Variations Authorized and pursuant to the
applicable standards of ECLUR Section 5-240. See the Edwards River Park Variation
Summary Table attached hereto as Exhibit C.
3. Spatial Pattern Shall Be Efficient. The proposed PUD subdivision is located and designed
to avoid creating spatial patterns that cause inefficiencies in the delivery of public services,
or require duplication or premature extension of public facilities, or result in a "leapfrog"
pattern of development.
4. Suitability for Development. The Property proposed to be subdivided 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.
5. Compatibility with Surrounding Uses. As set forth above, the proposed PUD subdivision
is generally compatible with the existing and currently permissible future uses of adjacent
land, and other substantially impacted land, services, or infrastructure improvements.
6. Adequate Facilities. As set forth above, the Applicant has demonstrated that the
development proposed in the PUD subdivision will be provided adequate facilities for
potable water supply, sewage disposal, solid waste disposal, electrical supply, fire
protection,and roads and will be conveniently located in relation to schools,police and fire
protection, and emergency medical services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application for a Zone Change (Eagle County File No. ZC-9029), and as
subsequently amended and revised, is hereby approved and the Property more particularly
described at Exhibit A is hereby rezoned from the Resource and Rural Residential zone districts
to the PUD zone district, and the official zone district map of Eagle County, Colorado shall be
updated to reflect such change;
THAT, subject to the conditions set forth below, the application for the Sketch and
Preliminary Plan for PUD for the Edwards RiverPark PUD, and as subsequently amended and
revised, is hereby approved for the Property more particularly described at Exhibit A; and
THAT,the approved Edwards RiverPark PUD Guide, dated January 18,2022,is attached
hereto as Exhibit B; and
THAT, the approved Edwards River Park Variation Summary Table is attached hereto as
Exhibit C; and
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THAT, the approved PUD Agreement for the Edwards RiverPark PUD, dated January
18, 2022, is attached hereto as Exhibit D; and
THAT, the preliminary Highway 6 Improvements drawings for the Edwards RiverPark
PUD, are attached as Exhibit E and final Hwy 6 Improvements drawings must be submitted to
the County with the application for the first Final Plat for the PUD; and
THAT,this Resolution shall serve as an agreement binding the Edwards RiverPark
Planned Unit Development to the following conditions:
1. To demonstrate that the PUD development is reasonably safe from flooding and not
creating floodplain connectivity, a floodplain development permit is required for any
development of a structure,as defined in the ECLUR,or uncovered porches, amphitheater,
decks, or other similar structurally attached projection within 10 ft horizontally of the
delineated 100-yr floodplain or 2 ft vertically of the Base Flood Elevation at any point
along the structure.
2. Prior to the first building permit application for each Planning Area in the PUD, a
comprehensive parking plan including a study by a qualified professional of the number
and size of spaces, vehicles served, design, location, and functionality of the parking
spaces, loading berths, delivery vehicle spaces, and accessible parking spaces must be
reviewed and approved by the Eagle County Engineering Department. The standards of the
ECLUR must be followed unless a specific variation relating to parking was granted by the
Board under this PUD approval. Valet and mechanical parking designs must contemplate
servicing vehicles of a standard size and weight for the area. If the study identifies that the
built or planned parking supply is inadequate, the Applicant/Owner shall be required to
provide additional parking management strategies acceptable to the County Engineer, or
provide additional parking to accommodate the projected parking demand prior to building
permit issuance. The parking rate study shall be conducted at full or normal residential
occupancy, and shall be coordinated with the Eagle County Engineering Department
regarding timing and methodology.
3. All landscape plans submitted with applications for Final Plats of Planning Areas along
Hwy 6 or building permits that contain landscaping within gas pipeline easements shall be
reviewed and approved by Black Hills Energy prior to submission to Eagle County.
4. A comprehensive planting and stabilization plan for the landscape improvements to the
Eagle River Preserve and a proposal for the connector trail alignment and design shall be
provided to Eagle County Open Space and Eagle Valley Land Trust for review and
approval prior to the first Final Plat application. The connection trail shall align with
previously approved management plans for the Eagle River Preserve. Any major deviation
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from the identified location may require approval from EVLT and the Vail Valley
Foundation. The plan shall include cost estimates of work proposed and shall be
collateralized as public improvements within the Subdivision Improvements Agreement
for the first Final Plat for the PUD.
5. An Ability to Serve Letter from the Upper Eagle River Water Authority and Eagle River
Water and Sanitation District shall be provided within two years of the date of the
resolution of approval for the PUD unless an extension is granted by the Authority/District.
6. Internal roadway designs including anticipated trips, access locations, design speeds,
design criteria, and emergency vehicle accesses shall be reviewed and approved by the
Eagle County Engineering Department at each Final Plat for the PUD that includes
construction activities.
7. The necessary right-of-way for Hwy 6 widening and Lake Creek Road roundabout, as
determined by CDOT, shall be dedicated to CDOT by the Applicant or developer or their
assigns at the first Final Plat for the PUD.
8. The Applicant or developer shall obtain all final CDOT Access Permits, and the developer
or the metropolitan district formed for the PUD shall obtain all final CDOT Utilities and
Special Use Permits and the approval by Eagle County of proposed transit infrastructure
prior to the first development permit for the PUD. All improvements associated with the
CDOT Access Permit and Utilities and Special Use Permit, including but not limited to,
Hwy 6 widening and the roundabout,a bus stop pull off lane to back of curb,and secondary
access shall be collateralized as public improvements pursuant to the Subdivision
Improvements Agreement associated with the first Final Plat for the PUD. All
improvements shall be fully funded by the Applicant or developer and completed and
accepted prior to issuance of Temporary Certificate of Occupancy or Certificate of
Occupancy of the first building permit issued for the PUD.
9. All improvements associated with approved transit infrastructure,including but not limited
to bus shelters and sidewalks, shall be collateralized as public improvements pursuant to
the Subdivision Improvements Agreement associated with the first Final Plat for the PUD.
All improvements shall be fully funded by the Applicant or developer and completed and
accepted prior to issuance of Temporary Certificate of Occupancy or Certificate of
Occupancy of the first building permit issued for the PUD.
10. There shall be no development by the Applicant of stormwater infrastructure, with the
exception of stormwater outfalls, in the 100-year floodplain,which includes the entirety of
both the Zone AE and the approximate Zone A 100-year floodplains. If advantageous to
the Applicant, it may choose to refine the 100-year floodplain by delineating it in
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accordance with FEMA Regulations for a Zone A and in accordance with ECLUR Section
3-350.F.
11. The"Stormwater Treatment Appurtenances Operations and Maintenance"attachment shall
be removed from the Appendix of the"Preliminary Riparian&Water Quality Management
Plans"in the PUD Guide and any references to it shall be updated to reflect that stormwater
plans shall be finalized at final plat. Additionally, a stormwater plan shall be submitted
with each Final Plat for the PUD development.
12. Design Guidelines for the project, including landscape guidelines,architectural guidelines,
site lighting guidelines,and a sign plan, shall be provided for review and approval by Eagle
County at the first Final Plat for the PUD.Approval shall entail a review through the Minor
Modification process and the Design Guidelines shall be recorded.
13. Per the recommendations of the Leonard Rice Engineers ("LRE") memorandums dated
August 18, 2020 and September 18, 2020 and agreement from the Applicant in the
September 29, 2020 memorandum, a Hydrogeology report conducted by a licensed
qualified professional shall be completed prior to finalization of the Riparian and Water
Quality Management Plan and Wetlands Protection and Access Control Plan. The purpose
of the study is to determine where flow of groundwater comes from, how it flows to the
fen,and whether either the quantity or quality of the groundwater that supports the fen will
be impacted by the development. Prior to execution of the study, the scope and
methodology of the study will be developed jointly between Eagle County and the
Developer or their assigns. Information from this study will help inform the final design of
the stormwater management and treatment systems for adequate protection of the wetland.
14. Per the recommendations of the LRE memorandums dated August 18,2020 and September
18, 2020 and agreement from the Applicant in the September 29, 2020 memorandum, a
Wetlands Sensitivity Study conducted by a qualified wetland biologist shall be required for
review by Eagle County prior to finalization of the Riparian and Water Quality
Management Plan and Wetlands Protection and Access Control Plan. The purpose of the
study is to identify potential pollutants that would negatively impact the fen. If the
sensitivity study identifies pollutants that necessitate treatment, revised stormwater
treatment will be required for adequate wetland protection. Prior to execution of the study,
the scope and methodology of the study will be developed jointly between Eagle County
and the Developer or their assigns.
15. Prior to application for the first Final Plat for the PUD, the Final Riparian and Water
Quality Management Plan shall incorporate monitoring and reporting recommendations
from the August 18, 2020 and September 18, 2020 LRE memorandums, including but not
limited to the following:
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- Addition of soil testing for peat-mapping and for analyzing additional soil indices,
including the biogeochemical nutrient-breakdown of wetland soils;
- Addition of stormwater monitoring locations and frequency, including a plan for
monitoring pre, during and post- construction phases of the project;
- Creation of a wetland water quality sampling and monitoring program with a minimum of
2 samples collected annually to capture seasonal variability,this may include the placement
of additional piezometers as determined during the scoping of the hydrogeologic study;
- Addition of soils and water quality monitoring and success criteria consistent with the
baseline studies indicated above;
- Numeric limitations for stormwater samples, including total suspended solids (TSS), total
dissolved solids(DS),total phosphorus(TP),and nitrate/nitrite(NO3-/NO2-).These water
quality parameters are good indicators to assess pollution from fertilizer, erosion, and
additional sources of urban runoff, and to measure the effectiveness of the stormwater
treatment system and maintenance thereof over time;
- Reporting requirements, including analytical data, updated wetlands assessments,
reporting frequency, and modification to reporting frequency depending on success of the
overall monitoring program and development impacts;
- Enforceability provisions including a response plan to address a failure to sample and/or
report;
- A response plan to address exceedances of numeric limitations and any issues that may be
identified during wetlands assessments. The response plan should include a provision to
coordinate with Eagle County to identify appropriate minimization, mitigation, and
restoration activities, to be implemented by the Edwards RiverPark Metro District or the
Edwards RiverPark Master Association.
16. The "Preliminary Riparian and Water Quality Management Plan" attachment shall
be removed from the PUD Guide and a final "Riparian and Water Quality
Management Plan" shall be recorded with the first Final Plat for the PUD.
THAT, the Board directs the Community Development Director to provide a copy of this
Resolution to the Applicant; and
THAT, the Board further finds, determines and declares that this Resolution is necessary
for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado.
[Remainder of Page Intentionally Left Blank]
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MOVED,READ AND ADOPTED by the Board of County Commissioners of the County .
of Eagle, State of Colorado, at its regular meeting held the 18th day of January, 2022, nunc pro
tunc to the 26th day of October, 2021.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
y�P>pE 4GiecoG BOARD OF COUNTY COMMISSIONERS
ATTEST: ,
c—DocuSigned by: \ B DocuSigned by:
.�11/Ut• i�i f jlriUA, \ O/oRAD 5 y. 17d-P-"'v
—F99G2F24689G440.. CJ"
CA4AC128F8AA4/A
Clerk to the Board Jeanne McQueeney
Chair
DocuSignedp by: 1w10/11
641
8CA681rr[n8"403..
Kathy Chandler-Henry
Commissioner
CDocuSigned by:
nit.dt Scluxr
tl1E/C1iU118EU4/:f..
Matt Scherr
Commissioner
Commissioner Chandler-Fleury seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
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•
Exhibit D
PUD Agreement
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COUNTY OF EAGLE, STATE OF COLORADO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
THE EDWARDS RIVERPARK PLANNED UNIT DEVELOPMENT
File Number: PDSP-9050
WHEREAS, on or about July 1, 2019, the County of Eagle, State of Colorado, accepted
for filing applications submitted by Sierra Trail Investments, LLC, (hereinafter "Developer") for
approval of a an application for an amendment to the official zone district map of Eagle County
(the "Zone Change"), File No. ZC-9029; an application for a combined Sketch Plan and
Preliminary Plan for Planned Unit Development(the"Sketch and Preliminary Plan for PUD"),File
No. PDSP-9050; and an application for approval of a 1041 Permit to construct major extensions of
existing municipal and domestic water and wastewater treatment systems,File No. 1041-9030(the
"1041 Permit"), for the development known as the Edwards RiverPark Planned Unit Development
("Edwards Riverpark PUD"), for the approximately 53.270-acre property located in Edwards,
Colorado, and more particularly described on Exhibit A, attached to the Resolution and
incorporated herein by this reference (the "Property").
WHEREAS, concurrent with the approval of the Zone Change, Sketch and Preliminary
Plan for PUD, and the 1041 Permit for the PUD, the Developer 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 and 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
and recreational area plan, a landscape plan, and a housing plan in accordance with the Eagle
County Land Use Regulations (the"ECLUR"); and,
WHEREAS, this Agreement ensures development of necessary public improvements
planned to accommodate the development of the PUD in accordance with the ECLUR; and
WHEREAS, pursuant to Article 5-240.F.3.h. items (1) through (4) of the ECLUR, the
Board finds that the following provision shall set forth the obligations of the Developer pursuant
to this Agreement.
NOW, THEREFORE, in consideration of approval of the Sketch and Preliminary Plan
for PUD, and the promises, covenants, and agreements to be kept and performed by the parties
hereto, it is agreed:
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1. CONDITIONS IN THE RESOLUTION
1.1 Conditions in the Resolution. The PUD, including the Developer and successive
owners of any part thereof,is bound to all of the conditions placed in the resolution
approving the application for the Zone Change and the Sketch and Preliminary
Plan for PUD approved by the Board on January 18, 2022 (the"Resolution").
2. COMMON OPEN SPACE AREAS
2.1 Common Open Space Plan. The Developer agrees to be bound by its verbal and
written assurance as to its common open spaces, parks and recreational areas as set
forth in the PUD and in the Planned Unit Development Guide for The Edwards
RiverPark PUD (the "PUD Guide"), a copy of which is attached to the Resolution
as Exhibit B. The Common Open Space Plan,as outlined in Section 11 and Section
12 of the PUD Guide, specifies how the preservation of these lands is to be
implemented,identifies the restrictions against development,and includes terms by
which common areas are to be maintained. The Common Open Space Plan must be
submitted with each application for a Final Plat, where applicable, with respect to
the particular restricted land subject to such Final Plat and must be approved by the
Board as part of the approval of each such Final Plat.
3. WETLANDS,FLOODPLAIN,AND STORMWATER
3.1 Wetlands. A preliminary Riparian and Water Quality Management Plan and
Wetland Protection and Access Control Plan is attached to the PUD Guide, which
is attached to the Resolution as Exhibit B. The Developer shall prepare and submit
to the County a final Riparian and Water Quality Management Plan and Wetland
Protection and Access Control Plan("Wetlands and Access Control Plan")with the
application for the first Final Plat for PUD creating Planning Areas adjacent to the
PUD wetlands. The final Wetlands and Access Control Plan shall be reviewed and
approved by Eagle County Community Development Director, or their assigns,
prior to approval of such Final Plat.All other requirements for wetlands are outlined
in the PUD Guide under Section 13.
3.2 Floodplain. In accordance with the ECLUR Section 3-350, a Floodplain
Development Permit is required for development within a Special Flood Hazard
Area(SFHA).Because the development is proposed in close proximity to the SFHA
and may include deep excavation for development of infrastructure and buildings,
the Developer agrees to an expansion of the applicability of when a Floodplain
Development Permit is required under the ECLUR to ensure that development does
not create a floodplain connectivity, inclusion, adjacency, or expansion of the
SFHA. In accordance with condition 1 of the Resolution,the Developer agrees that
a Floodplain Development Permit shall be required for any development of a
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structure,as defined in the ECLUR,or uncovered porches,amphitheater,' decks, or
other similar structurally attached projection within 10 ft horizontally of the
delineated 100-yr floodplain or 2 ft vertically of the base flood elevation at any
point along the structure. The Floodplain Development Permit review process shall
allow for further review and demonstration that the development is not allowing
structures in the SFHA or with floodplain adjacency that would allow inclusion into
the SFHA. Notwithstanding the foregoing, the parties agree that the elevated
boardwalk, bridge, and dock to be constructed through PA-1 are expected to be
located in the 100-year floodplain. A Floodplain Development Permit is required
for the installation of the elevated boardwalk, bridge, and dock through PA-1 and
the Developer shall demonstrate adequate freeboard above the floodplain and flood
proof design in accordance with the ECLUR Section 3-350.
3.3 Stormwater. The Developer agrees to prepare and submit to the County a final
"Stormwater Treatment Appurtenances Operations and Maintenance Plan" (the
"Stormwater Plan") prior to approval of the first final plat for the PUD. The
Stormwater Plan shall be recorded immediately following the recording of the first
final plat for the PUD. Thereafter, with each Final Plat for PUD that creates
development tracts, the Developer shall prepare and submit a stormwater plan for
the development proposed for each such Final Plat. Each such plan shall include
cost estimates for the work necessary to create a complete stormwater system with
connectivity to existing and future infrastructure. The stormwater improvements for
the development proposed under each Final Plat shall be collateralized as public
improvements under the Subdivision Improvements Agreement ("SIA") for such
Final Plat.
In accordance with condition of approval 10 of the Resolution,the Developer agrees
there shall be no development by the Developer of stormwater infrastructure, with
the exception of stormwater outfalls, in the 100-year floodplain,which includes the
entirety of both the Zone AE and the approximate Zone A 100-year floodplains.
The Developer may choose to refine the 100-year floodplain by delineating it in
accordance with FEMA Regulations for a Zone A and in accordance with the
ECLUR Section 3-350.F.
4. LANDSCAPE PLAN AND PUBLIC IMPROVEMENT GUARANTEE
4.1 Landscape Plan. The Developer agrees to submit with the application for each
Final Plat approval a landscape plan for the common and public areas of the
Property subject to such Final Plat that complies with the Landscape Regulations
of the PUD Guide (each a"Landscape Plan"). The Landscape Plan may be
designed by PUD Phase, with installation occurring concurrently with the
development of each Phase. The Landscape Plan must be approved by the Board
1 The amphitheater was removed from the Application by the Developer. However, the language
above reflects the Condition of Approval in the Resolution. This language has been left in this
Agreement in order to accurately reflect the language of the Condition of Approval,but should not
be construed to allow or require the construction of the amphitheater.
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before or concurrently with approval of each Final Plat with respect to the
property subject to such Final Plat.
4.2 Eagle River Preserve Landscaping.
A. The Developer shall provide landscape improvements and additional
reclamation activities within the Eagle River Preserve in accordance with the
Proposed Offsite Landscape Improvement Plan, attached to the PUD Guide as an
Appendix attached as Exhibit B to the Resolution. The Developer shall be
financially responsible for all aspects of the improvements including, reclamation
and restoration, soil amendment, tree, and vegetation installation, temporary
irrigation (up to 5 years as necessary), maintenance and survival of trees and
irrigation for a number of years as determined by Eagle County, and removal of
barbed wire fencing in the affected areas. These improvements are subject to
approval by Eagle County and Eagle Valley Land Trust pursuant to the existing
conservation easement affecting the Eagle River Preserve property. The Developer
has agreed to provide $250,000 in landscaping improvements pursuant to the
Offsite Landscape Improvement Plan.
B. A comprehensive planting and stabilization plan for the landscape
improvements to the Eagle River Preserve and a proposal for the connector trail
alignment and design shall be provided to Eagle County Open Space and Eagle
Valley Land Trust for review and approval prior to the application for the first Final
Plat for the PUD. The connector trail shall align with previously approved
management plans for the Eagle River Preserve. Any major deviation from the
identified location may require approval from Eagle Valley Land Trust and the Vail
Valley Foundation.The plan shall include cost estimates of work proposed and shall
be collateralized as public improvements in the SIA for the first Final Plat for the
PUD.
4.3 Agreement to Collateralize Landscaping. The Developer agrees to provide
collateral in a form acceptable to the County Attorney to ensure landscaping
complying with the approved Landscape Plan for each Phase will be installed. The
Developer 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 for such Phase. The Developer agrees that the landscaping collateral
for each Phase of the PUD shall be provided at the time of recording of the Final
Plat for each such Phase. In the event such collateral is not received, the Final Plat
for such Phase shall not be recorded.
4.4 Release of Landscape Guarantee. As portions of the landscape improvements are
completed for a Phase, the Eagle County Community Development Director, or
designated representatives within the County staff, shall inspect them, and upon
approval and acceptance, shall authorize the release of the agreed estimated cost for
that portion of the improvements, except that ten percent (10%) shall be withheld
until all proposed improvements for such Phase are completed and approved, and
an additional twenty-five percent (25%) shall be retained until the improvements
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have been maintained in a satisfactory condition for two (2)years.
4.5 Subdivision Improvement Agreements. The Developer agrees to execute a SIA
prior to approval of each Final Plat for each Phase of the PUD. Each SIA will
contain, among other things,the following provisions:
A. Specification of Improvements. The improvements to be installed for each
Phase(the"PUD Improvements")shall be specified,and shall include requirements
as set forth in the Resolution approving File No. PDSP-9050.
B. Indemnification. The Developer 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 any SIA, or on
account of any other claims against the County because of the activities conducted
in furtherance of the terms of any 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 Developer 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 Developer.
C. Certificates of Insurance. The Developer shall secure from any contractor
or subcontractor engaged in the work necessary to comply with any 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
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 any 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 Developer. The Developer
hereby agrees to indemnify and hold harmless the County and any of its officers,
agents and employees against any losses, claims, damages or liabilities for which
the County or any of its officers, agents, or employees may become subject to,
insofar as any such losses, claims, damages or liabilities (or actions in respect
thereof)arise out of or are based upon any performance by the Developer hereunder;
and the Developer shall reimburse the County for any and all legal and other
expenses incurred by the County in connection with investigating or defending any
such loss, claim, damage, liability or action. This indemnity provision shall be in
addition to any other liability which the Developer may have.
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E. Guarantee for Public Improvements. The Developer agrees to provide for
each Phase of 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 facility improvements, as estimated by the Developer's engineer and
approved by the Eagle County Engineer. The Developer agrees that the guarantee
for each Phase of the PUD shall be provided at the time of recording of the Final
Plat for such Phase. In the event such guarantee is not received, the Final Plat for
such Phase shall not be recorded. As portions of the public facilities improvements
are completed for a Phase, 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 such Phase are completed and approved by the Eagle
County Engineer.
F. Warranty. Each SIA shall provide for a warranty period of two (2) years
following substantial completion of the last of the public improvements within the
Phase covered by the SIA.
5. PHASING
5.1 Phasing. Development of the PUD is proposed in three primary phases (each a
"Phase"), as set forth in Section 20 of the PUD Guide (the "Phasing Plan"), with
the areas adjacent to the steep slopes of the Property being developed first to support
infrastructure development. The Phasing Plan contemplates development of ten
planning areas (each a "Planning Area" or "PA") which are depicted on the
"Edwards RiverPark PUD Zoning Plan", attached to the PUD Guide as Appendix
attached to the Resolution as Exhibit B, and described in Section 6 of the PUD
Guide. For purposes of clarity as related to the Phasing Plan, it is agreed(i)that the
development tracts, park or open area commensurate with each phase as detailed
with each final plat of the property, and individual Planning Areas being created
within each Phase and the collateralization of the infrastructure serving the same
will be platted and its public improvements (e.g. roads within the Planning Area)
collateralized separately as market conditions dictate;and(ii)nothing in the Phasing
Plan is to be construed as requiring the Developer to implement Phases in any
particular sequence or to require the completion of one Phase before commencing
construction of a different Phase pursuant to the SIA for that different Phase. The
final configuration for a particular Phase shall be determined pursuant to the Final
Plat approval for such Phase and may be different from the Phasing Plan as so
approved. Notwithstanding the foregoing, the Developer agrees to commence
construction of Phase 1 first,including the collateralization of the infrastructure and
amenities detailed in the Phasing Plan and as set forth below. The timing of the
construction of workforce housing units shall follow the timing and schedule set
forth in Section 5 of the PUD Guide. Pursuant to the PUD Guide, Phase 1 shall
include at a minimum:
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- 50 multiple family rental apartment units(workforce housing)-PA-3 or PA-
4;
- The ratio of RO deed restricted units to free market units will be 1:1,verified
by the County via building permit applications per Section 5 of the PUD
Guide.
- Boardwalks and dock-PA-1
- Wildlife friendly fencing along Eagle River Preserve boundary in PA-5 and
PA-7
- US Highway 6 ("Hwy 6")improvements
- Internal roadways (primary and secondary)
The Developer agrees to develop the Hwy 6 improvements described in the Hwy 6
Improvements drawings attached to the Resolution as Exhibit E and consistent with
Section 8 of this Agreement.No temporary or final certificate of occupancy may be
issued for Phase 1 prior to completion of the Hwy 6 improvements or the roadways
internal to the development.
6. HOUSING PLAN
6.1 Housing Plan. The Developer has agreed to the Affordable Housing Plan approved
as part of the PUD, which Affordable Housing Plan is set forth in the PUD Guide
attached as Exhibit B of the Resolution and as set forth in Section 5 of the PUD
Guide. A PUD Amendment will be required for any changes in project phasing
and/or unit mix that result in a disproportionate reduction in the number of deed
restricted units or results in a housing plan that no longer exceeds the
recommendations of the Housing Guidelines.
7. CONSERVATION EASEMENTS
7.1 Conservation Easements. A deed of conservation easement for PA-1, PA-7 and
PA-9 respectively (each a "Conservation Easement") shall be executed by the
appropriate parties and recorded in the Eagle County, Colorado real property
records promptly following approval of the Final Plat creating each such Planning
Area. The final easement area for each Conservation Easement will be defined as
part of the Final Plat approval applicable to the particular Planning Area. All
Conservation Easements must recognize the uses permitted in the PUD Guide for
the particular Planning Area. In the case of PA-7,the boundary of the Conservation
Easement may be reduced to exclude the seasonal event center, as determined by
an appropriate Land Trust.
7.2 Timing of Recording. Promptly following the Final Plat approval creating PA-1,
PA-7 and PA-9, respectively, the applicable Conservation Easement shall be
executed and recorded.
7.3 Terms of Conservation Easements. The terms and provisions of the Conservation
Easements will be determined by mutual agreement of the Developer, the County
Open Space Director, or assigns within the County staff, and an appropriate Land
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Trust prior to approval of the Final Plat(s) creating PA-1, PA-7 and PA-9,
respectively.
8. ROADWAYS AND ASSOCIATED INFRASTRUCTURE
8.1 Hwy 6 Improvements: General. The Developer has agreed to provide public
infrastructure improvements along the Hwy 6 corridor adjacent to the PUD to
support multi-modal access to the Property including highway intersection
improvements, highway widening, transit stop infrastructure, and sidewalks/paths,
as set forth on the Hwy 6 Improvement drawings (the "Hwy 6 Improvements")
attached as Exhibit E to the Resolution (the "Hwy 6 Improvement drawings"). In
accordance with conditions of approval 7 and 8 to the Resolution, the Developer is
solely responsible for all aspects of the acquisition and dedication of adequate right-
of-way for the Hwy 6 Improvements, including but not limited to; intersection,
roadway,transit stop infrastructure,guardrails, sidewalks and paths, signage,utility
relocation and coordination,retaining walls, and adequate stormwater and drainage
infrastructure. The Developer is solely responsible for all aspects of completing the
land dedication process and obtaining permitting for the agreed upon improvements
with the Colorado Department of Transportation (CDOT) and/or Eagle County,
which may include but is not limited to developing the permitting materials and
reports,paying permitting and inspection fees, conformance with CDOT and Eagle
County standards, and supplying performance bonds. All required right-of-
way/easements shall be dedicated and accepted by CDOT and Eagle County prior
to or at the time of the first Final Plat for the PUD. The Developer agrees to obtain
all CDOT permits for the PUD improvements in accordance with condition of
approval 8 under the Resolution.
8.2 Hwv 6: Primary Access Point and Lake Creek Road Intersection. The Developer
has agreed to construct a roundabout intersection improvement at the Lake Creek
Road Intersection,as shown in the Hwy 6 Improvements drawings. The Developer
shall comply with all requirements under the Colorado State Highway Access code
for a complete improvement. The roundabout shall have, at a minimum, a two-lane
approach and two-lane exit on the Hwy 6 legs and one-lane approach and one-lane
exit to both the Lake Creek Road and the PUD's primary access point legs. The
Developer agrees to provide at a minimum the following appurtenances: non-
traversable splitter islands, landscape island, concrete apron with mountable curb,
bike lane integration into the intersection/sidewalks, sidewalks, 10-foot wide
pedestrian path relocation, and multi-modal access. The intersection improvement
shall include adequate pedestrian/bicycle crossings on all roundabout legs complete
with 10-foot wide crosswalks, ADA compliant ramps, rapid flashing beacons,
pedestrian/bicycle refuge islands, signage, thermoplastic pavement markings,
striping, and other requirements of Eagle County and CDOT standards. The
Developer shall be required to collateralize the improvements in the SIA for the
first Final Plat of the PUD. The Hwy 6 Primary Access Point and Lake Creek Road
Intersection improvements shall be completed and accepted by CDOT and Eagle
County prior to the first Temporary or Final Certificate of Occupancy for any
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building permit issued for the PUD.
8.3 Hwy 6: Secondary Access Point. The Developer has agreed to provide a right-in,
right-out access intersection at the western, secondary access point onto Hwy 6 as
shown on the Hwy 6 Improvements drawings. The access improvement shall
include all requirements for compliance with the Colorado State Highway Access
code for a complete improvement and have, at a minimum, a non-traversable
median on Hwy 6. If required per the State Highway Access Code, the Developer
is also responsible for any acceleration and deceleration lanes warranted by the
PUD. The Developer agrees to provide multi-modal access including adequate
pedestrian and bicycle crossings of the access road to be provided with crosswalks,
ADA compliant ramps, signage, thermoplastic pavement markings, striping, and
other requirements of Eagle County and CDOT standards. The Developer shall be
required to collateralize the improvements in the SIA associated with the first Final
Plat of the PUD. The Hwy 6 Secondary Access Point improvements shall be
completed and accepted by CDOT and Eagle County prior to the first Temporary
or Final Certificate of Occupancy for any building permit issued for the PUD.
8.4 Hwy 6: Roadway Segments. The Developer agrees to provide capacity expansion
improvements for the length of Hwy 6, at a minimum, to the extent shown in the
Hwy 6 Improvements drawings. The Hwy 6 capacity improvement shall include, at
a minimum, widening of the highway cross-section to a 4 lane cross-section for a
length as shown on the Hwy 6 Improvements drawings, adequate lane drop tapers
as defined by CDOT, and any requirements for a complete improvement as
identified in the CDOT Notice to Proceed(NTP)process.
The Developer agrees to reconstruct all existing access connections in accordance
with the Colorado State Highway Access Code. The Developer agrees to provide
as shown on the Hwy 6 Improvements drawings at a minimum the following
appurtenances for the Hwy 6 Roadway Segments: non-traversable medians, curb
and gutter, thermoplastic pavement markings, striping, and multi-modal access
infrastructure including a 6-foot paved bike lane in both directions for the extent of
the improvement, construction or reconstruction of 10-foot wide pedestrian paths,
and sidewalks. Sidewalks widths shall be in accordance with the PUD Guide
Section 7.D, the Hwy 6 Improvements drawings, and Eagle County and CDOT
standards. The Developer shall be required to collateralize the improvements in the
SIA associated with the first Final Plat of the PUD. The improvements shall be
completed and accepted by CDOT and Eagle County prior to the first Temporary
or Final Certificate of Occupancy for any building permit issued for the PUD.
8.5 Hwy 6: Transit Infrastructure. The Developer agrees to fully fund, design, provide
adequate right-of-way/easements for permanent use of the property,obtain permits,
and construct two ECO Transit stops, one for each direction of roadway travel. The
stops shall be complete with a bus pull out lane, curb and gutter, transit shelter,
covered bicycle parking, signage, and all other standard ECO Transit amenities.
The transit stops shall be on Hwy 6 adjacent to the PUD's primary access point in
a location in conformance with the PUD Guide, acceptable to ECO Transit, and
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generally detailed on the Hwy 6 Improvements drawings (Exhibit E of the
Resolution). The Developer shall be required to obtain all necessary permits and
comply with the provisions of the ECLURs and CDOT Standards and collateralize
all the transit improvements in the SIA associated with the first Final Plat of the
PUD. The Developer or the metropolitan district formed for the PUD shall obtain
and be the permittee under any permits for improvements within the CDOT right-
of-way. Upon its acceptance of the infrastructure, ECO Transit will own and
maintain the bus shelters and shelter pads, the covered bike parking structure and
pad, transit stop signage and furniture within or affixed to the bus shelters. The
Developer, master homeowners association or metropolitan district formed for the
PUD shall maintain all sidewalks associated with the bus shelters and Hwy 6. All
transit infrastructure improvements shall be completed and accepted by ECO
Transit prior to the first Temporary or Final Certificate of Occupancy for any
building permit issued for the PUD.
8.6 Roadways Internal to the PUD. The Developer agrees to provide the roadways
internal to the development ("PUD Roadways") in accordance with the standards
of the ECLUR, PUD Guide Section 7.D, and variations granted by the Board found
in the Edwards River Park Variation Summary Table, Exhibit C of the Resolution.
The roadway infrastructure shall be provided with adequate stormwater and
drainage infrastructure, utility relocation and coordination, curb and gutter,
guardrails,thermoplastic pavement markings, striping, sidewalks,intersections and
pedestrian/bicycle integration. Per the ECLUR requirements, two points of ingress
and egress are required to the development, and therefore the entirety of the looped
roadway is required to be built in the first Phase of development. In accordance
with condition of approval 6 of the Resolution, the Developer agrees to provide
internal roadway designs including anticipated trips, access locations, design
speeds, design criteria, and emergency vehicle access routes for review and
approval by the Eagle County Engineering Department at each Final Plat for PUD
that includes construction activities.
The PUD Guide illustrative development plan includes internal roads with a
primary intersection, currently proposed as a roundabout. The Developer agrees to
provide at a minimum the following appurtenances: a landscape island, concrete
apron with mountable curb,non-traversable splitter islands,crosswalks,Americans
with Disabilities Act (ADA) ramps, thermoplastic pavement markings, striping,
signage, and other requirements of Eagle County standards. The intersection
improvements shall be adequately designed for emergency service and delivery
vehicles and include bicycle lane integration. The design shall include adequate
pedestrian and bicycle crossings on all roundabout legs. Similar appurtenances shall
be provided for any type of intersection design. The Developer agrees to provide
sidewalks and crosswalks internal to the development as set forth in the
Applications and in Section 8.7 of this Agreement. Upon the approval of the Eagle
County Engineering Department, some improvements may be phased
commensurate with the development proposed in each Final Plat for PUD.
The Developer shall be required to collateralize the internal PUD roadway
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improvements in the SIA associated with the first Final Plat of the PUD. The
improvements shall be completed and accepted by Eagle County prior to the first
Temporary or Final Certificate of Occupancy for any building permit issued for the
PUD.
8.7 Sidewalks, Paths, and Trails. A pedestrian and bicycle trail network has been
designed for the PUD to provide strong pedestrian connections between each
Planning Area, the Eagle Valley Regional Trail, and the Preserve Open Space.
Paths and trails are to be constructed in accordance with ECLUR requirements with
the exception of the approved variation for a reduced trail width over the wetland
boardwalk through PA-1. Sidewalks are to be at a minimum the width detailed in
the PUD Guide Section 7.D. The Developer has agreed to provide a wider sidewalk
width of 8 feet as detailed in the PUD Guide Section 7.D The Developer shall grant
a public access easement for all internal sidewalks, trails, paths, and connections
external to the development. Adequate easements shall also be provided across
private property as necessary for installation and maintenance of all sidewalk,path,
or trails. A crosswalk connection with ADA ramps and adequate signage shall be
provided across any internal roads in convenient walking distance of any gathering
area, trail access point, or park when a sidewalk exists across the roadway and in
accordance with applicable standards of practice.
8.8 Dedication,Construction and Maintenance.At the first Final Plat for the PUD,PUD
Roadways, sidewalks, paths, and trails to be constructed pursuant to the PUD and
depicted on such Final Plat shall be constructed to the applicable CDOT and County
Standards, except as varied in the Edwards River Park Variation Summary Table
attached to the Resolution as Exhibit C or as otherwise varied by the Board, and
dedicated to the public access pursuant to customary plat dedication language,
subject to a warranty period and acceptance.Further,construction,maintenance and
repair of PUD Roadways, sidewalks, paths, and trails shall be the responsibility of
the Developer or its successor or assigns (which may be an owners association or
metropolitan district)pursuant to plat notes delineated on the Final Plat with respect
to PUD Roadways, sidewalks, paths, and trails created by such Final Plat. The
responsibilities undertaken by the Developer or its successor or assigns with respect
to the trails,PUD Roadways,sidewalks,paths,and trails include,without limitation,
the obligation of construction, maintenance and repair of the PUD Roadways,
sidewalks, paths, and trails, to include traffic control signs and markings, and of
compliance with the snow management plan for the PUD, which shall contain the
provisions set forth below(the "Snow Management Plan").
8.9 Road Impact Fees. The PUD is subject to the Road Impact Fees (also known as
"Transportation Impact Fees")as currently detailed in Section 4-710 of the ECLUR
which may be updated or relocated in the future. The Developer agrees to pay the
Road Impact Fees in accordance with the provision of the regulation in effect at the
time of development of each phase of the PUD.Any Exemptions,Credits,Refunds,
or Independent Fee Calculation Studies must be requested or performed in
accordance with the regulations in effect at the time of development of each phase
of the PUD.
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9. OTHER MATTERS
9.1 Snow Management Plan. The Snow Management Plan contains the following
provisions:
a. Snow storage areas shall be provided in the PUD in an amount equal to 2.5%
of all on-street parking areas as detailed in the ECLUR.
b. Snow removal and maintenance for all roadways, bike lanes, paths, trails,
and sidewalks associated with the PUD shall be provided by the master
owner's association or the metropolitan district formed for the PUD.
c. Snowmelt infrastructure shall be constructed for any roadways, driveways,
exterior ramps,bicycle lanes, and sidewalks with grades in excess of 8%.
d. Snow removal from all public streets and sidewalks shall commence by the
master owners association or the metropolitan district formed for the PUD
with any snowfall amount of 2"or greater.
e. Repair and replacement of the snowmelt infrastructure shall be the sole
responsibility of the master homeowners association or the metropolitan
district formed for the PUD.
f. Snow removal from private walkways and roadways shall be required to be
commenced by the parcel owner with any snowfall amount of 2" or greater.
g. 50% of the energy used for the snowmelt infrastructure will be offset by
onsite solar water/glycol systems or other renewable sources.
The Developer shall be required to collateralize the snowmelt infrastructure and
associated systems in the SIA associated with the first Final Plat for the PUD. The
improvements shall be completed and accepted by Eagle County prior to the first
Temporary or Final Certificate of Occupancy for any building permit issued for the
PUD.
9.2 PUD Utilities.At the first Final Plat for the PUD,utilities to be constructed pursuant
to the PUD shall be depicted on the Final Plat("PUD Utilities"). The PUD Utilities
shall be constructed to County and the applicable utility standards, except if
otherwise varied by the Board, and subject to a warranty period and acceptance.
The improvements shall be completed and accepted by Eagle County prior to the
first Temporary or Final Certificate of Occupancy for any building permit issued
for the PUD. Further, construction, maintenance and repair of PUD Utilities shall
be the responsibility of the Developer or its successor or assigns (which may be an
owners association or metropolitan district formed for the PUD) pursuant to plat
notes delineated on the Final Plat with respect to PUD Utilities created by such
Final Plat. The responsibilities undertaken by the Developer or its successor or
assigns with respect to the PUD Utilities include, without limitation,the obligation
of construction, maintenance, repair, and easement dedication of the PUD Utilities
in accordance with the requirements of the utility provider. Upon the approval of
the Eagle County Engineering Department, some utilities may be phased
commensurate with the development proposed in each plat; these may include
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electrical, localized stormwater and drainage infrastructure, shallow utilities, or
similar.
9.3 Geologic Hazards. The Developer has provided the County with the Edwards River
Park Geologic Hazard Assessment as prepared by Cesare Inc. (revised April 4,
2019) and supporting documents, and a copy of the report is attached as an
Appendix to the PUD Guide which is Exhibit B of the Resolution. In addition, the
Developer agrees to provide detailed Geologic hazards reports stamped by a
licensed professional engineer analyzing and proposing mitigations for any
geologic hazard impacting the Property, including but not limited to sinkhole
potential, rim subsidence, fill, organics and otherwise compressible soils,
construction-related slope instability, shallow groundwater, flooding, and
seismicity. Each such report must be reviewed and accepted by the Engineering
Department at the time of application for Final Plat for the development proposed
under such Final Plat. The report shall demonstrate a safe adequate building site for
the proposal and detail any mitigations required to mitigate geologic hazards
impacting the development area. Prior to issuance of a building permit for the
development, a demonstration of conformance with any geologic hazard
mitigations must be demonstrated.
10. CONSTRUCTION
10.1 Construction Site Management. The Design Guidelines for the PUD shall contain
language to address the potential issue of idle construction sites within the PUD as
follows: "Any site within the PUD that has been disturbed by clearing or
construction activities that is idle for more than sixty (60) days shall be subject to
proper stabilization and temporary revegetation as follows:
a. All disturbed areas shall be stabilized to prevent erosion within or from the
site, and no area of the site shall exceed a 2:1 slope.
b. All bare ground areas shall be revegetated with either an annual cover crop
(for short-term idling of less than 8 months) or a perennial cover crop (for
long-term idling more than 8 months). If necessary, topsoil shall be applied
to enable successful revegetation.
c. All revegetated areas shall be supported by a temporary automatic irrigation
system.
d. The master association formed for the PUD shall have the authority to enter
the Property and conduct such revegetation or maintenance measures as may
be required to bring the parcel into compliance with the PUD Guide. The
Developer shall be assessed the cost of performing these tasks."
11. GENERAL PROVISIONS
11.1 Compliance with Land Use Regulations. The Developer shall be required to obtain
all necessary permits and comply with the provisions of the ECLUR, including but
not limited to the Regulations for Construction within the Public Ways of Eagle
County (Chapter V), as the same are in effect at the time of commencement of
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construction of the PUD Improvements referred to herein.
11.2 Sole Responsibility of Developer Prior to County Acceptance. The Developer
agrees and understands that at all times prior to the completion and acceptance of
the on and off-site PUD Improvements set forth in this Agreement and the SIAs by
the County, each of said improvements not accepted as complete shall be the sole
responsibility and charge of the Developer. When it is necessary to allow the
general public to utilize the PUD Roadways under construction by the Developer,
traffic control and warning devices shall be placed upon such roadways by the
Developer in accordance with the Manual on Uniform Traffic Control Devices for
Streets and Highways as prepared by the U.S. Department of Transportation,
Federal Highway Administration.
11.3 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.
11.4 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
Developer or the Developer's successor(s) with respect to the actual Phase(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.
11.5 Assignability. This Agreement shall be enforceable against the Developer,
provided, however, that in the event the Developer sells, transfers or assigns all or
part of the PUD, the obligations of the Developer under this Agreement as to that
portion of the PUD may be assumed in writing by the purchaser of the parcel, and
the Developer shall have no further obligations hereunder. It is agreed, however,
that no such assumption of these obligations shall be effective unless the County
gives its prior written approval to such assumption following an investigation of
the financial condition of the purchaser. The Developer 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.
11.6 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto,their respective successors, and assigns.
11.7 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,
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covenants, agreements or conditions contained herein.
11.8 Enforcement. At its sole option, the County may enforce the provisions of this
Agreement and of any applicable deed restrictions and covenants in the same
manner and with the same remedies applicable to the enforcement of land use
regulations pursuant to the ECLUR, as they may be amended from time to time, or
as otherwise provided by law.Alternatively,the terms of this Agreement and of any
applicable deed restrictions and covenants shall be enforceable by the Board or its
designee by any appropriate equitable or legal action, including but not limited to
specific performance,mandamus,abatement,or injunction. The remedies explicitly
provided herein are cumulative, and not exclusive, of all other remedies provided
by law.
11.9 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 Developer:
Sierra Trail Investments LLC
Attn: Keith Novick, Manager
629 Jasper Ave
Franklin, Tennessee 37064
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 Developer with respect to the PUD or a specific Phase
of 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 Left Blank]
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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: [Ic ,u "u"`�
CA4AC128FeAA47A
Jeanne McQuenney
ON OGLE co County Commissioners Chair
IIRII
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ATTEST: DocuSigned by:
C11441A.A. 0215Y1WL,
o�F
Clerk to the 1oaDar 400ea 440.
County Commissioners
Developer:
Sierra Trail Investments LLC, a Colorado limited liability
company DocuSigned by:
CKc:X�N424:6k
By: .,002zeoesoeae1..
Name: Keith Novick
Its: Manager
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