HomeMy WebLinkAboutR22-021 Northstar Center PUD PDA 9148-2021 Amendment DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
Chandler-Henry
Commissioner moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2022- 021
APPROVAL OF AN AMENDMENT TO THE
NORTHSTAR CENTER PLANNED UNIT DEVELOPMENT
Eagle County File No.PDA-9148-2021
WHEREAS, on or about March 3, 2021, the County of Eagle, State of Colorado, accepted for
filing an application submitted by Eagle River Real Estate Holdings, LLC (the "Applicant") for an
amendment to the Northstar Center Planned Unit Development(the"Application"), for the property more
particularly described in Exhibit 'A'. attached hereto and as follows:
429/439 Edwards Access Road E, and as more specifically described recorded at book 688, page
396; and herein referred to as the"Property";
WHEREAS, the Board of County Commissioners approved the original Northstar Center
Planned Unit Development ("Northstar Center PUD") and associated PUD Guide on July 18, 1995 (the
"PUD Guide"),and;
WHEREAS, with this Application,the Applicant seeks to amend the existing PUD Guide for the
development of a dedicated behavioral health care facility, construction of a new, third building,
expansion or replacement of the existing two buildings,construction of a new parking garage,and overall
site improvements,and;
WHEREAS, in accordance with the ECLURs, Section 5-210.E - Notice of Public Hearings,
notice of the proposed Application 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 Eagle County Planning Commission(the "Planning Commission")and the Board of
County Commissioners of the County of Eagle(the"Board");and;
WHEREAS, at its public hearing held on October 20, 2021, the Planning Commission, based
upon its findings,recommended approval of this proposed Application by a vote of 4-2, and;
WHEREAS, at its public hearing held on December 7,2021,the Board considered and approved
by a vote of 3-0, the proposed Application, associated plans, the statements and concerns of the
Applicant, the Eagle County Planning Department staff, Eagle County Engineering Department staff,
other interested persons,and the recommendation of the Planning Commission.
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WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan
for the unincorporated areas of Eagle County, as well as comments of the Eagle County Planning
Department, Eagle County Engineering Department, Eagle County Resiliency Department, public
officials and agencies, the recommendations of the Planning Commission, and comments from all
interested parties,the Board finds as follows:
THAT, the Application complies with the standards in ECLUR Section 5-240.F.3.m-Amendment
to Preliminary Plan for PUD, as set forth below:
1. Modification. Pursuant to Section 5-240.F.3.m(1), the Application is consistent with the
efficient development and preservation of the entire PUD. The modification applies to the
entire PUD including existing structures and uses consistent with the current development
pattern of the existing PUD Guide and Preliminary Plan.
2. Adjacent Properties. Pursuant to Section 5-240.F.3.m(2),the Application will not affect,
in a substantially adverse manner, either the enjoyment of land abutting upon or across
the street from the Property or the public interest. The Application will result in increased
traffic and activity because of the increased floor areas being proposed on the Property
which may have an impact on the adjacent properties with regard to with noise, traffic,
visual impacts, and additional light glare. The directly adjacent properties, however, are
I-70 to the east, railroad right-of-way to the west,and Edwards Access Road to the south.
The most potentially impacted neighborhood,Old Edwards Estates, is approximately 200
feet away to the southwest. Due to the topographic difference between the Property and
the Old Edwards Estates, ECLUR standards relating to light glare from the site, on-site
mitigation of visual impacts and increased noise are referenced in the PUD Guide. The
PUD Guide includes additional landscape improvements along the western Property
boundary, a fence up to 6' tall,along the western Property boundary to screen headlights,
increased building setbacks, and stepped-back building setbacks for upper floors of
Building A,all of which serve to mitigate any impacts to Adjacent Properties.
3. Benefit. Pursuant to Section 5-240.F.3.m(3), the Application is not being granted solely
to confer a special benefit upon any person. The Application does not change the overall
commercial use of the Property, but focuses the development on a medical campus.
Similar commercial uses exist onsite and are allowed in other areas of Edwards. There is
a significant community benefit provided by the proposed behavioral health facility. As
the population increases and behavioral health needs will likely increase,this facility will
be a high community need and will provide a benefit to numerous members of the
community and not any one single person.
4. Amendment. Pursuant to Section 5-240.F.3.m (4), the Application will not have the
effect of extending the vesting period.
THAT, the Application complies with the standards in ECLUR Section 5-240.F.3.e - Standards
for Preliminary Plan for PUD, as set forth below:
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1. Unified ownership or control. Pursuant to ECLUR Section 5-240.F.3.e(1),the Applicant
is the owner of all the land that is part of the PUD. Eagle County has received written
consent for the Application from all property owners owning land that is part of the PUD.
2. Uses. Pursuant to ECLUR Section 5-240.F.3.e(2), uses allowed within the PUD are
consistent with uses allowed on other parcels in the PUD. Uses allowed in the PUD
Guide are uses that are allowed, allowed as a special use,or allowed as a limited use for
the zone district designation in effect for the Property at the time of the Application.
Allowed uses under the PUD Guide already include general and personal service
establishments and general office space and allowed special uses include community and
public facilities. Furthermore, the Application removes a number of currently allowed
uses such as lumberyard, auto washing facility, and light manufacturing. The Application
proposes certain new uses such as medical,health care,behavioral health,and community
services uses while moving away from regional retail and commercial uses. Variations of
the designated uses for the PUD zone district may be authorized pursuant to ECLUR
Section 5-240 F.3.f and variations to designated uses were authorized as requested in this
Application as necessary to allow the Applicant to obtain, among other things, desired
design qualities.While the increase of medical facilities and offices will likely have a
regional draw from all over Eagle County and beyond, these are needed community
facilities and services.The close proximity to I-70 and being centrally located within
Eagle County make this a desired location for this type of a use. Please see the Exhibit C
-Northstar Center PUD Variation Summary Table.
3. Dimensional Limitations. Pursuant to ECLUR Section 5-240.F.3.e(3), the dimensional
limitations that will apply to the PUD are those specified in the amended PUD Guide.
Variations of these dimensional limitations have been authorized pursuant to ECLUR
Section 5-240 f.3.f., Variations Authorized,to allow the Applicant to obtain,among other
things, desired design qualities. Variations approved by the Board are set forth in exhibit
C and as described below.
a. The Application allows for up to 85,000 square feet in additional floor area on
the Property for a total of 130,000 square feet of total floor area. Much of this
area will be gained through additional height allowances in Planning Area 2 and
a new Building C in Planning Area 1.
b. A variation to the maximum floor area was granted to "Obtain Desired Design
Quality." The Application was granted a variation from the standards for
Maximum Building Footprint and Maximum Impervious Coverage allowed
under the PUD Guide to allow for a greater variety in the type, design,and layout
of buildings and to allow flexibility in re-purposing the site, which previously
served as a lumber yard.
c. A variation was granted to the maximum building height to allow the Applicant
to achieve desired design qualities in the development of the PUD. The variations
will allow for smaller building footprints which will allow for additional
landscaped areas and improved surface parking and on-site circulation, which
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promotes the compatibility of the height, mass, scale, orientation, and
configuration of structures within the PUD. The building heights have also been
determined based on the proposed medical uses, which require greater floor to
floor heights than other uses which increased the overall building height while
not necessarily increasing the number of stories.
d. A variation was granted to the building setbacks allowed under the PUD Guide to
allow the Applicant to achieve desired design qualities in the development of the
PUD. The variation will allow for a greater variety in the type,design,and layout
of buildings while maintaining a 50 foot setback from Edwards Access Road.
4. Off-Street Parking and Loading. Pursuant to ECLUR Section 5-240.F.3.e(4), parking
requirements within the PUD shall continue to comply with the standards of ECLUR
Article 4, Division 1, Off-Street Parking and Loading Standards and the applicable
variations set forth in the PUD Guide. Section P. Parking of the PUD Guide requires the
development to meet the "[p]arking requirements...in effect in the Eagle County Land
Use Regulations at the time of building permit application. The minimum number of
parking spaces required shall be 110."
a. The PUD Guide clarifies the parking standards to be consistent with the ECLUR
standards of the allowed uses. However, the PUD Guide defines some uses
differently than the ECLUR. Where the defined uses in the PUD Guide are not
consistent with the uses identified in Table 4-120 of the ECLUR, a variation was
granted to allow the parking standards provided in Section E - Development
Standards of the PUD Guide.
b. A variation was granted to the minimum parking space area under the PUD
Guide in order to allow the Applicant to achieve desired design qualities. The
variation will allow for a greater variety and flexibility in the design and layout
of parking facilities while reducing the amount of paved area needed to provide
required parking.
5. Landscaping. Pursuant to Section 5-240.F.3.e(5), landscaping provided in the PUD
Guide shall continue to comply with the standards of Article 4, Division 2, Landscaping
and Illumination Standards.
6. Signs. Pursuant to Section 5-240.F.3.e(6),the sign standards applicable to the PUD Guide
shall continue to be suitable and provide the minimum sign area necessary to direct users
to and within the Property. The PUD Guide allows for the establishment of a
comprehensive sign program for the entire PUD. However, a new sign program would
trigger a Minor Modification process which is established in the PUD Guide under
"Amendments and Modifications"and follows the procedures in the ECLUR.
7. Adequate Facilities. Pursuant to Section 5-240.F.3.e(7), facilities and infrastructure
requirements for the PUD Guide will continue to provide 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,
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and emergency medical services. Greater detail of these standards are provided below:
Water Supply. Sewage and Wastewater: The Application will increase the water demand
for the site and requires a relocation of the existing utility lines and easements. The
Property is served by the Upper Eagle Regional Water Authority. The Authority has
provided the County with a Conditional Capacity to Serve letter dated March 11,2021.A
1041 Finding of No Significant Impact (FONSI)determination was made for this project
on September 2, 2021. In conjunction with the FONSI, an application and required
reports were submitted for the development that show the impact of the proposed increase
in square footage and change in land uses will not have a significant impact on these
utilities.
Solid Waste Disposal: The Application does not make any changes to the existing solid
waste disposal and trash services.
Fire Protection, Police, & Emergency Services: This Application was referred to the
Eagle River Fire Protection District, and no response was received. The Application
contains vehicle turning movement diagrams to demonstrate that the proposed
development of Building C can accommodate access by fire trucks and other emergency
service vehicles.
Roads: The Property is accessed by the Edwards Access Road at the existing roundabout.
The Project will trigger the need for at least one new State Highway Access Permit. The
'Applicant, Colorado Department of Transportation (CDOT) staff, and County staff have
had numerous discussions about the intended phasing plans and implementation timing.
Based on the submitted project and proposed phasing plan, CDOT will require a new
Access Permit, and CDOT is willing to allow the Applicant to make interim
improvements to the Property access prior to the County issuing a Building Permit for
Building C, as described in the PUD Guide. With this allowance, CDOT will require
additional on-site improvements as described in the PUD Guide to be evaluated at such
time Buildings A or B or both are redeveloped.
) lectrical Supply: The Application will increase the electrical demand for the site and
requires a relocation of the existing utility lines. The Application was referred to Holy
Cross Energy. A response comment stating the service provider had no concerns at this
time was received.
Easements: There are many existing utilities servicing the Property.These utility lines are
in various easements which criss-cross the Property. While there are numerous conflicts
between existing utility lines and easements and proposed building improvements, the
Applicant intends to relocate existing water and sewer lines and drainage improvements
to accommodate the updated site layout. Once the site design is completed, existing
easements will be vacated and re-established on the Amended Final Plat to be reviewed,
approved, and recorded, in compliance with the ECLUR in place at the time of submittal
and prior to the County issuing a building permit for Building C. This concern is
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addressed with the inclusion of Condition#2.
8. Improvements. Pursuant to Section 5-240.F.3.e(8), the improvements standards
applicable to the development shall continue to be as specified in Article 4, Division 6,
Improvements Standards. Greater detail of these standards are provided below:
Roadway Standards: The Application includes a traffic study which was reviewed by
CDOT and the Eagle County Engineering Department. As discussed under the Adequate
Facilities standard, improvements necessary for the access to the Edwards Spur Road
have been discussed between the Applicant, CDOT, and the County Engineering
Department staff. The access improvements satisfying this standard are included in
Section J of the PUD Guide.
Sidewalk and Trail Standards: Sidewalks and pedestrian connections through the parking
areas of the project are delineated on the PUD Guide plans and meet the standards of the
ECLUR.
Drainage Standards: A preliminary drainage letter was provided in the Application
demonstrating that the storm drainage can be managed on the Property in accordance
with the ECLUR. The proposed drainage design includes a new storm sewer system to
collect stormwater from the new building and parking area and transporting the
stormwater to an underground detention vault to satisfy the requirements of the ECLUR.
The final design and review will occur during the County's Building Permit Review. At
the time redevelopment of Buildings A and B is proposed, it is anticipated that additional
drainage improvements will be required and reviewed with the permits for that phase.
Utility Easements: Utility easements will be established with the Amended Final Plat
which the Applicant must submit for review and receive approval prior to issuance of
building permits for Building C.The requirement is captured in Condition#2.
9. Compatibility with Surrounding Land Uses. Pursuant to ECLUR Section
5-240.F.3.e(9), the PUD is generally compatible with existing and currently permissible
future uses of adjacent land and other lands, services, or infrastructure improvements that
may be substantially impacted. The surrounding properties are commercial and
residential. The PUD Guide removes light industrial uses and replaces them with medical
facility uses which are compatible with the surrounding residential, commercial, and
service oriented uses because the uses are similar in nature as the existing PUD which
have been there since 1995.
The Application will result in increased traffic and activity because of the increased floor
areas being proposed and the existing portions of the Property which may have an impact
on the adjacent properties with regard to noise,traffic,visual impacts,and additional light
glare. The directly adjacent properties,however, are I-70 to the east, railroad right-of-way
to the west, and Edwards Access Road to the south. The most potentially impacted
neighborhood, Old Edwards Estates, is approximately 200 feet away to the southwest.
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Due to the topographic difference between the Property and Old Edwards Estates,
ECLUR standards prohibit light glare from leaving the site, and on-site mitigation of
visual impacts and increased noise as referenced in the PUD Guide. The PUD Guide
includes additional landscape improvements along the western property boundary, a
fence, up to 6 feet tall, along the western property boundary to screen headlights,
increased building setbacks, and stepped-back building setbacks for upper floors of
Building A.
10. Conformance with Comprehensive Plan. Pursuant to ECLUR Section 5-240.F.3.e(10),
the PUD is in substantial conformance with the Eagle County Comprehensive Plan,Area
Community Plans, and any applicable ancillary County adopted documents pertaining to
natural resource protection, affordable housing, or infrastructure management. The
Property lies within the Edwards Area Community Plan ("EACP") in the Edwards
Center. In the Future Land Use Map ("FLUM"), the Property is identified as Mixed Use
Commercial/Residential. This land use classification specifies commercial, service, and
residential uses as being anticipated in the area. The intent of this land use classification
is to allow new development that provides a mix of compatible land uses and maintains
the existing character and nature of the properties. The uses outlined in the PUD Guide
are consistent with these provisions because they are consistent with the types of uses
allowed under the current PUD Guide and are a mix of commercial and service uses,
including offices. The development will provide for safe and adequate access and
circulation for vehicles and pedestrians through the access permitting process with CDOT
and as described in Section J of the PUD Guide.
The Property is also located within the Edwards Core Area as delineated in Appendix B,
Urban Design Elements, to the EACP. These provisions require additional design
elements such as pedestrian connections,landscaping, architectural design enhancements,
and other site improvements that will enhance the urban design of the Property. The site
layout, additional public gathering spaces, and proposed site layout of the Application all
contribute to the project meeting the provisions of the Urban Design Elements. The
Board further finds that the Northstar PUD Housing Plan meets the purpose and intent of
the Eagle County Housing Guidelines (the "Guidelines"). Provision of a minimum of
eight housing units for Planning Area 1 and 18 housing units for Planning Area 2
affordable housing units would have been necessary to meet the goals of the Guidelines.
The Workforce Housing Plan has three alternatives based on Section G of the PUD
Guide.
11. Phasing. Pursuant to Section 5-240.F.3.e(11), this standard is applicable. The
Application includes a development implementation plan. While a phased development is
contemplated, the Applicant is leaving the order of the implementation plan and the
timing of the improvements identified within each Planning Area open ended, to be
determined based on market demands and construction costs.
The Development Implementation, as outlined in Section M of the PUD Guide, lays out
the intended improvements associated with each Planning Area. At such time that the
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Applicant applies for a building permit for the particular Planning Area for development
or redevelopment of the Property, the Applicant shall provide the identified
improvements as part of that phase of development as required by the PUD Guide.
12. Common Recreation and Open Space. Pursuant to ECLUR Section 5-240.F.3.e(12),the
PUD complies with the common recreation and open space standards with respect to(a)
minimum area, (b) improvements required, (c) continuing use and maintenance; and (d)
organization. The common recreation and open space standards of the ECLUR includes
two provisions. The first provides that 25% of the total PUD area is to be provided as
open space. The second is that in addition to the 25%, a minimum of 10 acres per 1,000
residents is required. The PUD includes three (3) dwelling units at full buildout.
Therefore, there are eight (8) residents anticipated to reside within the PUD (3 x 2.63 =
7.89). Using the ratio of 10 acres per 1,000 residents,the PUD must provide 0.08 acres of
open space. Additionally, the PUD should also provide 25% of the total PUD Area as
open space. The total PUD Area is 4.901 acres. 25% of the PUD Area is 1.23 acres of
open space. Thus, the PUD must provide a total of 1.31 acres (26.7%) of common
recreation and open space area to meet this standard. The Application meets this standard
because it includes 0.7 acres (14.3%) of open space and an additional 0.95 acres(19.4%)
of passive recreation area, gathering spaces, and landscaped area, resulting in a total of
1.65 acres, or 33%of the total PUD Area.
13. Natural Resource Protection. Pursuant to ECLUR Section 5-240.F.3.e(13), the
Application does not impact natural resources as the site is already developed and highly
impervious. The Application was referred to the Colorado Department of Wildlife(CPW)
and no comments or concerns were identified. As a result, the Application is consistent
with this standard.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT subject to the conditions set forth below, the Application (Eagle County File No.
PDA-9148-2021), and as subsequently amended and revised, is is hereby approved for the Property
described in ExhibitA; and
THAT, the approved PUD Guide for the Northstar Center PUD,dated February 2022, is attached
hereto as Exhibit B;and
THAT, the approved Planned Unit Development Agreement for the Northstar Center PUD is
attached hereto as Exhibit Q; and
THAT,the approved Variance Table for the Northstar PUD is attached hereto as Exhibit D; and,
THAT, this Resolution shall serve as an agreement binding the Northstar Center PUD to the
following conditions:
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1. All material representations of the Applicant in this permit application,correspondence, and at all
public meetings shall be adhered to and considered conditions of approval unless otherwise
amended by other conditions.
2. An Administrative Amended Final Plat shall be approved by the County and recorded prior
issuance of any building permits for Building C.
3. The Applicant shall provide an ability to service letter from the Eagle River Water and Sanitation
District prior to approval of the Amended Final Plat.
4. The Applicant shall amend the PUD Guide to have a separate definition of Social Detox Center
and make it a Special Use in Planning Area 1 and Planning Area 2.
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, on this 1st day of March 2022,nunc pro tunc to December 7, 2021.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
DocuSigned by:
,o DocuSigned by:
ErtiallitA olitYitAA, By:
FJDo2F24o8u644u..
CA4AC1281-8AA47A...
Clerk to the Board Jeanne McQueeney
County Commissioners Chair
—DocuSigned by:
aga, Fe
Kathy Chandler-Henry
Commissioner
"--DocuSigned
—DocuuS ig(nn'e'drby.:1�^
"mil l J I I
Matt S$cnerr718Eo473...
Commissioner
Commissioner Scherr 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 A-Legal Description
PARCEL A: PARCEL 1,NORTHSTAR CENTER,ACCORDING TO THE PLAT THEREOF FILED
FEBRUARY 20, 1996 IN BOOK 688 AT PAGE 396,COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL B: CONDOMINIUM UNIT 101,THE NORTHSTAR CENTER BUILDING B,ACCORDING
TO THE CONDOMINIUM MAP THEREOF RECORDED MARCH 29, 1999 UNDER RECEPTION
NO. 690885,AND ACCORDING TO THE CONDOMINIUM DECLARATION RECORDED MARCH
29, 1999 UNDER RECEPTION NO. 690888,COUNTY OF EAGLE, STATE OF COLORADO
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Exhibit B-Northstar Center Planned Unit Development(PUD)Guide
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Northstar Center
Amended Planned Unit Development (PUD) Guide
Feb. 2022
A. Purpose of this PUD Guide The Northstar Center PUD Architectural
The intention for the development of Plans and Northstar Center PUD Civil
Northstar Center is to create a commercial- Engineering Plans have been submitted to
oriented development with a focus on demonstrate the development feasibility of
behavioral health, general health care and the site and to provide visual representations
related uses and services. The purpose of of how the site may be developed. These
this Guide is to ensure that Northstar Center plans are conceptual in nature and final
is developed pursuant to the land uses and design plans for the development of
general development patterns as identified Northstar Center may vary from these
in the Northstar Center Preliminary Plan, conceptual plans. All final design plans
and to ensure the orderly and compatible shall comply with development and design
development of the property. To this standards outlined herein and with other
end, the Guide establishes standards, applicable elements of the ECLUR, to be
regulations and guidelines that will govern determined during the building permit
the development of, and land uses within process.
Northstar Center. Among other things,
this Guide establishes permitted land uses, B. Definitions
defines planning areas to regulate the Architectural Projections and Features -
size, massing and location of structures, Projections from a building, including but
establishes guidelines for the design of future not limited to non-habitable towers, spires,
development, and outlines obligations for cupolas, chimneys, mechanical or other
workforce housing. screening, elevator and stairwell overruns,
and other similar features. Architectural
This Guide replaces the Northstar Center Projections and Features may exceed the
PUD Guide, approved by the Eagle County
Maximum Building Height up to 15'.
Board of County Commissioners in 1995
by Resolution No 95-156. The provisions Base Elevation - The elevation defined
of this Guide shall supersede those of the within a Planning Area from which Maximum
previous Guide. Where this Guide is silent, Building Height is measured.
the provisions of the Eagle County Land Use
Regulations, as may be amended from time Behavioral Health Care Facilities — A facility
to time ("ECLUR"), shall govern. that provides behavioral and mental health
care that may include but not be limited to
Plans and diagrams pertinent to this PUD in-patient beds, treatment and evaluation
Guide include: rooms, therapy rooms, and staff support
1. Northstar Center PUD Planning Area space.
Diagram (included herein)
Building Footprint, Maximum - The portion
2. Northstar Center PUD Architectural of a Planning Area covered by a building or
Plans buildings including roof overhangs, covered
porches, covered walkways or other similar
3. Northstar Center PUD covered areas.
Engineering Plans
Vail Health 1 PUD Submittal-PUD Guide
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Building Height, Maximum — The distance beverage establishments (including but not
measured vertically from the defined Base limited to restaurants, cafes, bars, breweries,
Elevation to the highpoint of a flat roof or etc.), meeting and conference facilities, and
the mid-point between the eave and ridge other uses deemed similar by the Director of
line of a gable roof. Building Height shall not the Community Development Department.
include parapet walls or similar features, or .
any Architectural Projection or Features up to Freestanding Emergency Department —
15' in height. An emergency medical care facility that is
not physically connected to a hospital, but
Commercial Floor Area, Net — All enclosed capable of providing emergency treatment
floor area within a commercial or mixed use similar to a traditional hospital-based
building, exclusive of any area dedicated emergency department. A Freestanding
to foyers or common lobbies, hallways, Emergency Department is distinct from an
elevators and stairwells, mechanical areas, urgent care in that it is staffed by licensed
restrooms, loading docks and storage areas. physicians, equipped to provide immediate
Commercial Floor Area, Net is to be used to life-saving care, and typically will include
calculate parking requirements. advanced imaging technology.
Commercial Uses — Retail stores, Maximum Floor Area — The total floor area
professional, business, and governmental of a building measured at each level to
offices, personal service (including but not the inside face of exterior walls. Enclosed
limited to beauty salons, barbers, massage, parking areas and loading docks are not
fitness centers, etc.), banks, food and included in Maximum Floor Area.
O.S.#4 e v . -% a� l
0.7 acres '
' ;-4 s.
Matchline
i
Planning Area �rT Matchline o „
s. `.0.7 acres / /�� ^ �
Q..
'+o _ sue .—0'setback between areas 1 and 2
..
'Gaze Elevation(7.245') 5:
Planning Area 1
,&,,1.2 acres
Base Elevation(7,246')
\ .
•
Planning Area 2
J2.3 acres
\ 'Base Elevation(7,244')
// �% •
•
N orthstar Center PUD _ ' *Budding Setbacks within each planning area
are depicted herein.Refer to the PUD guide
Planning Area Diagram February 2022 for additional development standards.
50 0 50 100 h
Fail Health ("2 ) PUD Submittal-PUD Guide
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Medical Facilities and Uses - A clinic, office D. Allowable Uses
or other facility where medical, mental
health, surgical, and other personal health Planning Area 1
care services are provided on an outpatient Uses by Right:
basis. By way of example uses in such • Commercial Uses
facilities may include but not be limited to • Behavioral Health Care Facilities
family clinics, specialized medicine, urgent • Free Standing Emergency Department
care, physical, speech or occupational • Medical Facilities and Uses
therapy, behavioral health, dental care, Accessory Uses:
radiology, imaging, optometry, pharmacies, • Accessory Uses (as defined by ECLUR)
labs, wellness care, and rehabilitation.
Special Uses (Reviewed pursuant to the
Planning Areas — Areas within the PUD ECLUR as amended):
as defined on the Northstar Center PUD •
Freestanding Emergency Department
Planning Area Diagram for which specific •
Social Detox/Clinically Managed Detox
land uses and development standards are Planning Area 2
established. Uses by Right:
• Commercial Uses
Setbacks - Means the area prescribed by • Community and educational facilities
an imaginary line extending across the lot, • Day care and elder care facilities
parallel with the adjacent lot line or Planning • Free Standing Emergency Department
Area boundary within which no building or • Medical Facilities and Uses
structures shall be constructed, except as • Warehousing and material storage
specifically permitted by these Land Use • Workforce housing units
Regulations in Section 3-340.C. Retaining
walls and any portion of a building located Accessory Uses:
entirely below grade are exempt from •
Accessory Uses (as defined by ECLUR)
setback requirements. Special Uses (Reviewed pursuant to the
ECLUR as amended):
Social Detox/Clinically Managed Detox - • Freestanding Emergency Department
A facility that provides a safe withdrawal • Social Detox/Clinically Managed Detox
management clinic and assessment, Planning Area 3
education, and motivational counseling
for individuals suffering from inebriation. Uses by Right:
•
Clinically managed detox facilities are Surface parking
•
typically staffed 24/7 with registered nurses, Parking structures
behavioral health technicians, addiction Accessory Uses:
counselors and licensed mental health • Accessory Uses (as defined by ECLUR)
clinicians. The discharge protocol for this Planning Area 4
facility is consistent with the process for the
Inpatient Behavioral Health facility. Uses by Right:
• Open space (as defined by ECLUR)
C. PUD PlanningAreas • Outdoor gathering places
• Passive recreation improvements
All areas of Northstar Center PUD are
included in one of four Planning Areas as Accessory Uses:
depicted on the Northstar Center PUD • Accessory Uses (as defined by ECLUR)
Planning Areas Diagram. Allowable land uses
and development standards specific to these
Planning Areas are described in further detail
herein.
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E. Development Standards Setbacks are depicted on the Planning
Area Diagram
Planning Area 1 Maximum Building Footprint
Maximum Floor Area • 70%
• 45,000 square feet
Maximum Impervious Area
Maximum Building Height • 80%
• 55' (base elevation - 7245) Minimum Landscape Area
Building Setbacks • 20%
• Front - 0'-10'
• Rear- 10' Planning Area 4
• Side - 5'-50' Maximum Floor Area
Setbacks are depicted on the Planning • Not applicable
Area Diagram Maximum Building Height
Maximum Building Footprint • Not applicable
• 50% Building Setbacks
Maximum Impervious Area • Not applicable
• 95% Maximum Building Footprint
Minimum Landscape Area • Not applicable
• 5% Maximum Impervious Area
Planning Area 2 • Not applicable
Maximum Floor Area Minimum Landscape Area
• 70,000 square feet • 100%
Maximum Building Height Parking (for entire PUD)
• 65' (base elevation - 7,,244'/7,246) Off-street parking for Northstar Center shall
Building Setbacks be provided in accordance with Division 4-1
• Front - 50' Off-Street Parking and Loading Standards
• Rear - 0'-10' of the ECLUR. Where there is a conflict
• Side -10'-50' between the Division 4-1 and this PUD
Setbacks are depicted on the Planning Guide, this PUD Guide shall prevail.
Area Diagram
For uses defined by this PUD Guide, the
Maximum Building Footprint following parking standards shall apply:
• 50%
• Medical Facilities and Uses shall
Maximum Impervious Area require 1 space per 300 square feet of
• 90% leasable space
Minimum Landscape Area • Commercial uses shall require 1 space
• 10% per 250 square feet of leasable space.
Planning Area 3
Variation - Minimum dimensions of parking
Maximum Floor Area
Not applicable areas shall be as follows:
• • Surface spaces - 9'x19'
Maximum Building Height
• 16' (base elevation - 7244) Landscaping/Common Recreation/
Building Setbacks Amenity Areas
• Front- 5' Three common recreation/amenity areas as
• Rear - 5' generally depicted on the Northstar Center
• Side - 5' Site and Landscape plans shall be provided
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in conjunction with the development of new development at Northstar Center will
Building C. These areas shall total no less adhere to these design guidelines. If and
than 7,309 square feet and be designed when existing buildings are re-developed,
to provide passive recreation/outdoor they too will adhere to these guidelines at
gatherings places for employees, patients, the time they are redeveloped.
and visitors to the project. The design
of these areas will include landscaping, Of the eight Goals outlined by the Urban
hardscape improvements, seating areas, etc. Design Elements, three are applicable to
Northstar Center. These include site layout,
F. Design Guidelines architectural design and the pedestrian
experience. Considerations regarding
Introduction these three topics along with other design
Design guidelines for Northstar Center guidelines are outlined below.
are established to ensure compatible
and cohesive building design and site Architectural Guidelines
development throughout the project. It is The overall approach to the architectural
intended that specific architectural, site and design of Northstar Center is to create a
landscape design considerations outlined by mountain modern/contemporary character
these guidelines will establish expectations that references local precedent and reflects
for the design and development of Northstar the Vail Health brand of health care and
Center. These guidelines also consider how wellness. The health and wellness focus
the development of Northstar Center relates moving forward will influence the design
to the rest of Edwards Center, specifically of the campus, and this design will take on
with respect to applicable elements of the passive, sustainable strategies. The built
Urban Design Elements for the Edwards environment will reinforce, human wellness
Core Area, January 2009 (an element of the and environmental stewardship that will
Edwards Area Community Plan). resonate with occupants and the public alike.
Urban Design Elements acknowledges that Building Massing
"the Edwards Core Area has been developed Building design will employ logical massing
in piecemeal fashion through the years, strategies in response to site conditions
resulting in a perceived lack of unit and and programmatic aspects of the building.
theme". Further, that over time this diversity Generally, buildings will be a combination
has defined Edward's eclectic sense of place. of three and four levels, with building
Architectural expression varies considerably height along Edwards Spur Road frontage
throughout the Edwards Core and the expressing just three levels. The building
Urban Design Elements state "Structures form and orientation will respond to
and streetscapes that are experienced southwest-to-southeast mountain views and
simultaneously within the same pedestrian southern aspect offered by the site.
or automobile viewshed should display a
similar architectural style and theme". As an Building massing will convey fundamental
isolated site with its own defined pedestrian building language principles such as
and auto viewshed, the design approach to expressing a base, middle, and top of a
Northstar Center is to create its own unique building. Solid building materials such as
architectural expression that at the same time masonry will be used at the base of buildings
has a cohesive relationship with the Edwards to ground the building with the site. When
Core Area. appropriate, primary and secondary building
massing will be established. Examples of
Northstar Center is unique due to the design strategies to reduce the perceived
buildings that currently exist on the site. Any scale of buildings and to reinforce pedestrian
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scale may include, but not be limited to, the the programmatic needs of the building, to
use of different wall materials, building offsets capture views, and to reinforce pedestrian
and/or projections, upper-level cantilevers, scale at the ground level of a building. When
and introducing subtle building stepbacks at appropriate, patient privacy will be taken into
upper levels of a building. account by recessing fenestration that allows
for views out while providing privacy for the
The following guidelines shall apply to the patient from the public viewing in. Recessed
west elevation of the future redevelopment windows in masonry walls may also be used
of Building A in Planning Area 2. The to create shadow patterns and add visual
purpose of these guidelines is to reduce interest to a building. Passive strategies will
the perceived mass and scale of buildings be incorporated that add to the building
in this area as viewed from neighboring character and enhance occupant comfort,
properties by minimizing the extent of including long overhangs for solar gain and
unbroken, vertical wall planes. No more than active shading.
two levels of a building shall be expressed
without introduction of a horizontal stepback Roofs
to the building. The depth and extent of Like most buildings in the Edwards Core
the stepback is to be determined based on Area, buildings at Northstar Center will have
the overall design and massing of building. predominantly flat roofs. When appropriate,
Building materials, fenestration, projections, roof cantilevers or parapets may be used to
rooftop spaces, and roof features can also add interest to roof forms. Outdoor, rooftop
be used to reduce the scale and mass of the space may also be used to add interest to
building. a building and to create functional outdoor
space.
Building Materials and Colors
Building materials, colors, textures and All rooftop mechanical systems will be
patterns will be compatible with the screened with walls or other features. Such
surrounding mountain setting. screening will be done with materials and
colors compatible with the building.
Primary building materials and colors
will be selected to blend with the natural Parking Structure
surroundings, with brighter accent elements The purpose of these guidelines is to
used to add interest to a building. ensure that the parking structure is
designed in harmony with other buildings
Heavy, masonry materials such as stone, and improvements within the PUD and to
brick or concrete will generally be used minimize impacts on neighboring properties.
at the base of a building to ground it with This will be accomplished with the use of
the site. Other appropriate wall materials similar building materials, and architectural
may include composite metal panels, treatments including but not limited to
weathering metal panels, stucco and glass/ building articulations and projections, accent
curtain wall storefronts. Material selections elements, etc. as used on other buildings
will be made to express the base, middle, within the PUD. Openings to the structure,
and top of a building. When possible, local when required, will include screening
building materials will be used to reinforce elements to reduce light spill from the site.
the local material palette and to support local The height of perimeter walls at the top deck
businesses. of the structure will be sufficient to screen
car headlights. A roof/screen element will be
Fenestration included on the top deck of the structure to
Windows will be designed with a logical add visual interest and to screen site lighting.
and functional pattern that is responsive to
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Exterior Lighting designed to provide for the safe and efficient
The intent of exterior lighting is to provide flow of people and vehicles throughout the
the minimum lighting necessary to satisfy site. Drive aisles will meet minimum turning
building code requirements and to provide movement standards for both emergency
lighting that will allow for the safe operation service vehicles and service/delivery vehicles.
and use of the development by staff and Pedestrian walkways will provide convenient
visitors to the project. Guidelines below connectivity between buildings throughout
are meant to implement the basic outdoor the site. Pedestrian corridors will be defined
lighting principles of the International Dark- by landscape features and/or the use of
Sky Association. paving material.
• Lighting shall be limited to lighting that Service functions such as loading/delivery
provides a clear purpose relative to and trash/recycling will be provided in
safety and function. discrete locations of the site. Screening of
• The design, type and location of such features will be provided as necessary
exterior lighting shall minimize glare using landscaping, fencing or walls that are
onto adjacent properties. compatible with surrounding buildings.
• Lighting shall be no brighter than
necessary to satisfy its intended The design of on-site parking will be
purpose. Timers and/or motion provided in accordance with the ECLUR,
detectors shall be used to ensure that as may be amended from time to time.
the use of lighting is limited to when it Landscape islands will be provided to break
is needed, dimmed when possible and up large expanses of paved areas. Parking
turned off when not needed. lot lighting should utilize poles no taller than
fifteen (15') and have shielded/horizontal cut-
• Lighting fixtures shall have fully off light sources to provide illumination as
shielded/horizontal cut-off light sources necessary while minimizing light pollution.
and be located and directed to limit
illumination to the Northstar Center. Landscaping
• Up-lighting of buildings, landscaping or Landscape materials will be selected and
other site features is not permitted. located to define spaces, add color and
• The height of parking lot light poles interest to the site, and to provide buffers
shall be limited to 15' in height. around buildings and to soften the visual
impact of buildings and site improvements.
Landscape/Site Design Guidelines Native or otherwise drought tolerant
materials requiring minimal irrigation will be
Site design used. Landscape plans shall comply with
Generally, new buildings will be located design standards as specified in the ECLUR,
on portions of the site that are currently provided however minimum plant material
developed and when feasible, will utilize sizes shall be 2" caliper for deciduous trees,
existing site access points. Buildings will be 8' height for coniferous trees, and 5-gallon
located to create a functional and attractive containers for shrubs. Landscape irrigation
relationship between other buildings and to shall conform to water use standards as
accommodate future phases of development outlined below in Section H Sustainability.
within the property. When possible, building
siting should be responsive to view corridors Retaining Walls and Screen Fence
into and out of the site. A retaining wall and screen fence will be
constructed along the south and west
Circulation boundary of the site. The retaining wall
Pedestrian and vehicular circulation will be will be treated with color and/or textures
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compatible with the colors and materials of a home in exchange for them recording
buildings within the PUD. Variation in wall a perpetual Resident Occupied deed
colors or materials may be used to add visual restriction on their home, or by providing
interest and to break up the linear plane of funds to employees who own a home in
the retaining wall. A fence atop the retaining exchange for them recording a perpetual
wall will be constructed to screen headlights Resident Occupied deed restriction
from the parking lot. Fence material will on their home. The deed restrictions
be metal, consistent with materials used on will include a provision that with any
buildings within the PUD. The height of the subsequent sale the homes would then
fence will be a minimum of four (4') sufficient be offered for sale initially to Vail Health (or
to screen headlights, up to a maximum of their affiliates) staff for a maximum of 30
six (6'). The fence height may vary along the days (the "Right of First Offer " or "ROFO").
length of the retaining wall. If no Vail Health (or its affiliates) staff
purchases the home during the 30-day
In conjunction with the future redevelopment ROFO period, upon expiration of the 30-
of Building A, the screen fence along with day ROFO period, the home would then
associated landscaping shall be extended to be available for purchase by any Eligible
the southern portion of Planning Area 2. The Household (as defined in the Eagle County
purpose of this extension is to screen the Affordable Housing Guidelines). Resident
development from surrounding properties. Occupied deed restrictions provided under
this alternative would be limited to homes
G. Workforce Housing Plan located in the 170 corridor between Vail
and Dotsero, including Minturn or Red
The workforce housing plan for Northstar Cliff. Deed restrictions will be recorded
Center shall be as established below. Job prior to Certificate of Occupancies for
generation and housing mitigation are Building C.
defined for Phase I, Planning Area 1 (new
building C) and Phase II, Planning Area 2 (the Alternative 2
redevelopment of Buildings A and B). Alternative 2 may be used to provide the
remainder of recommended housing
Phase I/Planning Area 1, New Building C mitigation not fulfilled by Alternative 1.
Housing Mitigation Vail Health will construct new housing
The development of Phase I, Planning Area 1 units and record a perpetual Resident
will generate an estimated 38 new jobs. 38 Occupied deed restriction on the units
new jobs translate to 31.7 employees. 31.7 and/or purchase existing units and record
new employees translate to 17.6 households. a perpetual Resident Occupied deed
At a mitigation rate of 45%, 8 housing units restrictions on the purchased units. In
are required to meet the recommendations either case deed restrictions would be
of the Eagle County Affordable Housing recorded on the homes and they would
Guidelines. initially then be offered for sale or lease
to Vail Health (or their affiliates) staff for a
Housing Mitigation Plan maximum of 30 days (the "Right of First
Housing mitigation will be provided using Offer " or "ROFO"). If no Vail Health (or
one of two alternatives: its affiliates) staff purchases or leases any
Alternative 1 such home during the 30-day ROFO
"Buy down funds" will be provided in period, upon expiration of the 30-day
an amount equal to, or for a portion of, ROFO period, the home would then be
the required housing mitigation to Vail available for purchase or lease by any
Health employees desirous of purchasing Eligible Household (as defined in the Eagle
County Affordable Housing Guidelines).
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With this alternative, the location of homes Vail Health (or its affiliates) staff purchases
would be limited to Minturn or Red Cliff, the home during the 30-day ROFO
or in the Eagle River Valley between Vail period, upon expiration of the 30-day
and the Eagle County Airport (in the case ROFO period, the home would then be
of the Eagle River Valley, housing must available for purchase by any Eligible
be located within 23 road miles from Household (as defined in the Eagle County
the Northstar Center). Deed restrictions Affordable Housing Guidelines). Deed
equal to the required remaining mitigation restrictions provided under this alternative
will be recorded prior to Certificate of would be limited to homes located in the
Occupancies for Building C. 170 corridor between Vail and Dotsero,
including Minturn or Red Cliff. Deed
A combination of Alternative 1 and Alternative restrictions will be recorded prior to
2 may be used. Certificate of Occupancies for Buildings
A or B depending upon which building
Phase II/Planning Area 2/ redevelopment triggers the housing
Redevelopment of Buildings A and B mitigation first.
Housing Mitigation Alternative 2
The development of Phase II, Planning Area Alternative 2 may be used to provide the
2 may involve a maximum net increase of remainder of the recommended housing
up to 30,000 square feet. Assuming all mitigation not fulfilled by Alternative 1.
square footage is developed and using a Vail Health will construct new housing
job generation rate of 2.8 employees per units and record perpetual Resident
1,000 square feet, an estimated 84 jobs Occupied deed restrictions on the units
could be created. 84 new jobs translate to and/or purchase existing units and record
70 employees. 70 new employees translates perpetual Resident Occupied Deed
to 39.89 households. At a mitigation rate of restrictions on the purchased units. In
45%, 18 housing units are required to meet either case deed restrictions would be
the recommendations of the Eagle County recorded on the homes and they would
Affordable Housing Guidelines. initially be offered for sale or lease to
Vail Health (or their affiliates) staff for a
maximum of 30 days (the "Right of First
Housing Mitigation Plan Offer" or "ROFO"). If no Vail Health (or
Housing mitigation will be provided using its affiliates) staff purchases or leases any
one of three alternatives: such home during the 30-day ROFO
Alternative 1 period, upon expiration of the 30-day
"Buy down funds" will be provided to Vail ROFO period, the home would then be
Health employees desirous of purchasing available for purchase or lease by any
a home in exchange for them recording Eligible Household (as defined in the Eagle
a Resident Occupied deed restriction County Affordable Housing Guidelines).
on their home, or by providing funds to With this alternative, the location of homes
employees who own a home in exchange would be limited to Minturn or Red Cliff,
for them recording a Resident Occupied or in the Eagle River Valley between Vail
deed restriction on their home. The deed and the Eagle County Airport (in the case
restrictions will include a provision that of the Eagle River Valley, housing must
with any subsequent sale the homes be located within 23 road miles from the
would then be offered for sale initially to Northstar Center). Deed restrictions equal
Vail Health Vail Health (or their affiliates) to the required mitigation will be recorded
staff for a maximum 30-day period (the prior to Certificate of Occupancies for
"Right of First Offer " or "ROFO"). If no
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Building A or B depending upon which removed in the redevelopment of Buildings
building redevelopment triggers the A and B, Vail Health will replace these three
housing mitigation first. units, with bedroom and bathroom counts
equal to or greater than the existing units,
Alternative 3 within the "Edwards Area" as that term is
Prior to the redevelopment of Buildings defined by the Edwards Area Community
A and B, Vail Health may initiate the Plan. The replacement of these units and
construction of market rate, non-deed recordation of the Resident Occupied deed
restricted Vail Health staff housing at restrictions will occur prior to issuance
locations yet to be determined within of certificates of occupancy for Buildings
Eagle County. Alternative 3 allows Vail A and B, depending upon which building
Health to record Resident Occupied deed redevelopment triggers the housing
restrictions on such housing and those mitigation first.
deed restricted units then could be applied
to the recommended housing mitigation Modifications to Job Generation and
for the redevelopment of Buildings A Required Mitigation
and B. The deed restrictions recorded Job generation calculations and required
on the units would require initially that mitigation calculations may be modified
the units be offered for sale or lease to downward, as the current calculations are
Vail Health (or their affiliates) staff for a based on the maximum proposed net new
maximum period of 30 days (the "Right of square footage and industry average job
First Offer " or "ROFO"). If no Vail Health generation rates, when more is known
(or its affiliates) staff purchases or leases about the nature and extent of Phase II.
any such home during the 30-day ROFO Modifications may be requested by Vail
period, upon expiration of the 30-day Health based on the final amount of square
ROFO period, the home would then be footage to be constructed and the projected
available for purchase or lease by any staffing information that may be different
Eligible Household (as defined in the Eagle from the job generation rate included in the
County Affordable Housing Guidelines) Eagle County Affordable Housing Guidelines.
With this alternative, the location of homes Such modifications may be approved in
would be limited to Minturn or Red Cliff, writing by the Director of Resiliency at the
or in the Eagle River Valley between Vail staff level. Any request for modification shall
and the Eagle County Airport (in the case be made prior to application for building
of the Eagle River Valley, housing must permit for Buildings A or B. Any change to
be located within 23 road miles from the the proposed method of mitigation shall
Northstar Center). Deed restrictions in require an amendment to the Northstar
a number equal to the recommended Center PUD.
mitigation will be recorded prior to
Certificate of Occupancies for Building H. Sustainabitity
A or B depending upon which building
redevelopment triggers the housing The sustainability initiatives below will
mitigation first. be implemented in Planning Areas 1 and
2 at Northstar Center. These initiatives
A combination of Alternative 1, Alternative 2 will be identified on site and/or building
and Alternative 3 may be used. plans included in the building permit
submittal requirements. Proof installation
Replacement of existing employee housing or implementation shall be provided to the
units at Northstar Community Development Director and
There are currently three rental housing units approved prior to issuance of the Certificate
at the Northstar Center. If these units are of Occupancy for the building upon which
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it is identified. All initiatives identified and • Higher efficiency glass to minimize
described below shall be provided on the heating and cooling costs.
Northstar Center property and in no manner • Construction of a solar ready roof
shall the final CO for proposed build out be (run conduit runs and provide
issued until all the initiatives are installed or electrical panel space for installation
implemented as identified in this PUD Guide. of solar PV array on the roof).
1. Dedicated areas for recycling and corn- • Building envelope air sealing and
post programs will be located within testing to reduce air infiltration
Building C and within redeveloped requiring less heating and cooling.
Buildings A and B. At the time Buildings
A and B are redeveloped, recycling and Water Use
compost facilities for Northstar Center The design, development and operation of
maybe combined into one location. Northstar Center will be done to use water
both responsibly and efficiently. This will be
2. Bicycle racks will be located proximate done in collaboration with the Eagle River
to building entries for all new buildings Water and Sanitation District by utilizing the
to be constructed at Northstar Center District's Indoor and Outdoor Water Use
Requirements. These requirements address
3. EV Charging stations equal to 10%of the following considerations:
the total on-site parking spaces to be
installed as a part of Phase/(Building 1. Establ/sh a maximum water budget
C will be provided Such charging for both indoor use and m/n/mum
stations will be located within surface standards for water fixtures and
parking lots proximate to Budding C. appliances
El/stations equal to 10%of any increase
to on-site parking to be installed/n 2. Establish a maximum water budget for
conjunction with the redevelopment outdoor water use.
of Buildings A and B will be provided
Such charging stations will be located 3. An annual auditing system to ensure
within parking structures water use/5./n conformance with
established water budgets.
4. Xer/scaping and native, drought re-
sistant plant materials will be used 4. Define specific design parameters for
throughout Northstar Center landscape plans and irrigation plans that
will ensure the efficient and responsible
5. Smart Lighting systems - LED will be use of water, to include an audit
used throughout Northstar Center program and ongoing maintenance
program of irrigation systems.
6. Energy Efficient building envelope and An Irrigation Document Package in
mechanical systems will be used for accordance with the District's requirements
all new buildings to be developed at will be submitted for review and approval
Northstar Center. Examples of such/ni= by the District prior to issuance of a building
tiatives may include, but not be limited permit for construction of any new building
to: within the project.
• Building awning design to maximize
solar gain in the winter and provide
shade in the summer. I. Signs
• Increased insulation to minimize Signs within the Northstar Center PUD
heating and cooling costs. shall comply with the provisions of the
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ECLUR, except as may be established by a K. Easements and Utilities
comprehensive sign program for the entire Utility and drainage easements and
PUD. A comprehensive sign program shall improvements currently existing on the
be reviewed as a Minor Modification as Northstar Center property. The development
described below in Section J. Amendments of the property as permitted by this PUD
and Modifications. Such sign program Guide will necessitate the construction of
will address the type, number, size, and
general location of exterior signs within the new utility and drainage improvements
PUD. In addition, the sign program shall and the related vacation and/or relocation
include provisions to not allow exterior signs of easements for such improvements. At
higher than 18' above grade on any building the time such new drainage and utility
improvements are completed as necessary
frontage oriented directly toward neighboring for the development of the property, the
properties located to the west of the PUD. owner will contemporaneously vacate
easements that are no longer be necessary
J. Edwards Spur Road Access and will establish new easements for •
The following improvements to site access new drainage and utility improvements.
off of the Edwards Spur Road will be Easements will be vacated and established
completed by the Applicant: with coordination of utility providers and
implemented via written instrument to be
Phase I/Planning Area 1, New Building C recorded with the Eagle County Clerk and
Striping and signage generally consistent with Recorders Office.
Figure Al of the Northstar Redevelopment
Traffic Impact Study dated July 28, 2021 will L. Amendments and Modifications
be completed with Phase I, the development Amendments to the Northstar Center PUD
of Planning Area 1. Final design of these Guide shall be evaluated in accordance with
improvements will be established as an
element of the Colorado Department of applicable provisions of this section.
Transportation Access Permit Process. Such
improvements shall be completed prior to Minor Deviations
the issuance of a building permit for Building Minor deviations involve technical, or
C. engineering considerations not reasonably
anticipated during the initial approval process.
Phase II/Planning Area 2, Minor Deviations are to be reviewed in
Redevelopment of Buildings A and B accordance with the ECLUR.
The redevelopment of Buildings A and/or B
will require the re-design of site access from Minor Amendments
the Edwards Spur Road to provide sufficient Minor Amendments are specific changes to
throat depth between the Spur Road the PUD that do not significantly alter the
Roundabout and internal site circulation. overall design concept, character, and intent
The design of these improvements will be of the PUD. Minor amendments include but
established as an element of the Colorado are not limited to minor changes to:
Department of Transportation Access
Permit Process. Such improvements • Planning Area boundaries that do not
shall be completed prior to the issuance change the overall intent of the PUD,
of certificates of occupancy for such
redevelopment. • Development standards (maximum
floor area, building setbacks, building
footprint, impervious area) which do
not have a significant material impact
upon the overall intent of the PUD
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• Base elevations used to determine Planning Area 1 - New +/-45,000sf
building height, and behavioral health building.
• Land uses that do not alter the overall Developer obligations:
character of the PUD. • See Section J. Edwards Spur Road
• Adoption of a comprehensive sign Access
program, and • Abandonment of existing water and
• Text changes to this PUD Guide sewer lines
that are intended to provide clarity, • Construction of new water and sewer
correct conflicts, or that consider prior lines*
oversights shall also be considered • Construction of new storm drain
Minor Amendments. system (grading, inlets, pipes and
underground detention/storage)*
For dimensional standards, a minor • Expansion of electric, gas,
amendment shall not result in a variation that
exceeds 10% from the required dimension, communication systems
measurement, area, or limitation. • Surface parking lot expansion*
• Signage/striping at site entrance as per
Minor Amendments shall be processed CDOT*
under the authority of the Community • Landscaping and fencing*
Development Director. The Community • Employee housing mitigation
Development Director may approve a Minor • Three outdoor amenity areas
Amendment if it is found to be generally
consistent with the overall character and * These improvements are depicted on the
intent of the PUD and to not negatively diagram of Phase I Development and Site
impact adjacent properties or land uses. Improvements, located on the following
Appeals from any decision of the Director page.
shall be governed by the ECLUR.
Planning Area 2 - Demolition and
reconstruction of Building A, Building B or
Major Amendments Buildings A and B with maximum potential of
Major Amendments are specific changes to 70,000sf and parking garage.
the PUD that, as reasonably determined by
the Community Development Director, may Developer obligations:
significantly alter the overall design concept, • See Section J. Edwards Spur Road
character and intent of the Northstar Center Access
PUD. Major Amendments shall be processed • Modification to surface parking and
as an Amendment to Preliminary Plan for construction of parking structure
PUD per the ECLUR. Appeals of any decision (within Planning Area 3, if necessary)
made by Eagle County in connection with a • Construction of new water and sewer
request for a Major Amendment of the PUD service lines
shall be subject to the applicable provisions • Expansion of electric, gas,
of Colorado law. communication systems
• Construction of new storm drain
M. Development Implementation system (grading, inlets, pipes and
underground detention/storage)
The following site development • Re-design of site entrance to provide
improvements shall be provided by Vail increased throat depth as may be
Health in conjunction with the development required by CDOT
of Planning Area 1 and 2: • Employee housing mitigation
Vail Health PUD Submittal-PUD Guide
( l )
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
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Planning Area 1
Developer Improvements
Vail Ficalth ( l4) PUD Submittal-PUD Guidc
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Northstar Center
Amended Planned Unit Development (PUD) Guide
Feb. 2022
A. Purpose of this PUD Guide The Northstar Center PUD Architectural
The intention for the development of Plans and Northstar Center PUD Civil
Northstar Center is to create a commercial- Engineering Plans have been submitted to
oriented development with a focus on demonstrate the development feasibility of
behavioral health, general health care and the site and to provide visual representations
related uses and services. The purpose of of how the site may be developed. These
this Guide is to ensure that Northstar Center plans are conceptual in nature and final
is developed pursuant to the land uses and design plans for the development of
general development patterns as identified Northstar Center may vary from these
in the Northstar Center Preliminary Plan, conceptual plans. All final design plans
and to ensure the orderly and compatible shall comply with development and design
development of the property. To this standards outlined herein and with other
end, the Guide establishes standards, applicable elements of the ECLUR, to be
regulations and guidelines that will govern determined during the building permit
the development of, and land uses within process.
Northstar Center. Among other things,
this Guide establishes permitted land uses, B. Definitions
defines planning areas to regulate the Architectural Projections and Features -
size, massing and location of structures, Projections from a building, including but
establishes guidelines for the design of future not limited to non-habitable towers, spires,
development, and outlines obligations for cupolas, chimneys, mechanical or other
workforce housing. screening, elevator and stairwell overruns,
and other similar features. Architectural
This Guide replaces the Northstar Center Projections and Features may exceed the
PUD Guide, approved by the Eagle County Maximum Building Height up to 15'.
Board of County Commissioners in 1995
by Resolution No 95-156. The provisions Base Elevation - The elevation defined
of this Guide shall supersede those of the within a Planning Area from which Maximum
previous Guide. Where this Guide is silent, Building Height is measured.
the provisions of the Eagle County Land Use
Regulations, as may be amended from time Behavioral Health Care Facilities — A facility
to time ("ECLUR"), shall govern. that provides behavioral and mental health
care that may include but not be limited to
Plans and diagrams pertinent to this PUD
in-patient beds, treatment and evaluation
Guide include: rooms, therapy rooms, and staff support
1. Northstar Center PUD Planning Area space.
Diagram (included herein)
Building Footprint, Maximum - The portion
2. Northstar Center PUD Architectural of a Planning Area covered by a building or
Plans buildings including roof overhangs, covered
porches, covered walkways or other similar
3. Northstar Center PUD Civil covered areas.
Engineering Plans
Vail Hcalth ( I PUD Submittal-PUD Guido
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
Building Height, Maximum — The distance beverage establishments (including but not
measured vertically from the defined Base limited to restaurants, cafes, bars, breweries,
Elevation to the highpoint of a flat roof or etc.), meeting and conference facilities, and
the mid-point between the eave and ridge other uses deemed similar by the Director of
line of a gable roof. Building Height shall not the Community Development Department.
include parapet walls or similar features, or
any Architectural Projection or Features up to Freestanding Emergency Department —
15' in height. An emergency medical care facility that is
not physically connected to a hospital, but
Commercial Floor Area, Net — All enclosed capable of providing emergency treatment
floor area within a commercial or mixed use similar to a traditional hospital-based
building, exclusive of any area dedicated emergency department. A Freestanding
to foyers or common lobbies, hallways, Emergency Department is distinct from an
elevators and stairwells, mechanical areas, urgent care in that it is staffed by licensed
restrooms, loading docks and storage areas. physicians, equipped to provide immediate
Commercial Floor Area, Net is to be used to life-saving care, and typically will include
calculate parking requirements. advanced imaging technology.
Commercial Uses — Retail stores, Maximum Floor Area — The total floor area
professional, business, and governmental of a building measured at each level to
offices, personal service (including but not the inside face of exterior walls. Enclosed
limited to beauty salons, barbers, massage, parking areas and loading docks are not
fitness centers, etc.), banks, food and included in Maximum Floor Area.
o.s.0 4 -- o mo ,.� won_.
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--\ .-io' s 0'setback between areas 1 and 2
'Base Elevation(72451 s ,
/ `, Planning Area 1n`.1� , .2 acres
'Base Elevation(7,246')
Planning Area 2
2 3 acres
S•1 •Base Elevation(72441
i—) /
N orthstar Center PUD "Building Setbacks within each planning area
are depicted herein Refer to the PUD guide
Planning Area Diagram February 2022 for additional development standards.
50 0 SO 103 h
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Medical Facilities and Uses - A clinic, office D. Allowable Uses
or other facility where medical, mental
health, surgical, and other personal health Planning Area 1
care services are provided on an outpatient Uses by Right:
basis. By way of example uses in such • Commercial Uses
facilities may include but not be limited to • Behavioral Health Care Facilities
family clinics, specialized medicine, urgent • Free Standing Emergency Department
care, physical, speech or occupational • Medical Facilities and Uses
therapy, behavioral health, dental care, Accessory Uses:
radiology, imaging, optometry, pharmacies, • Accessory Uses (as defined by ECLUR)
labs, wellness care, and rehabilitation.
Special Uses (Reviewed pursuant to the
Planning Areas — Areas within the PUD ECLUR as amended):
as defined on the Northstar Center PUD •
Freestanding Emergency Department
Planning Area Diagram for which specific •
Social Detox/Clinically Managed Detox
land uses and development standards are Planning Area 2
established. Uses by Right:
• Commercial Uses
Setbacks - Means the area prescribed by • Community and educational facilities
an imaginary line extending across the lot, • Day care and elder care facilities
parallel with the adjacent lot line or Planning • Free Standing Emergency Department
Area boundary within which no building or • Medical Facilities and Uses
structures shall be constructed, except as • Warehousing and material storage
specifically permitted by these Land Use • Workforce housing units
Regulations in Section 3-340.C. Retaining
walls and any portion of a building located Accessory Uses:
entirely below grade are exempt from •
Accessory Uses (as defined by ECLUR)
setback requirements. Special Uses (Reviewed pursuant to the
ECLUR as amended):
Social Detox/Clinically Managed Detox - • Freestanding Emergency Department
A facility that provides a safe withdrawal • Social Detox/Clinically Managed Detox
management clinic and assessment, Planning Area 3
education, and motivational counseling
for individuals suffering from inebriation. Uses by Right:
•
Clinically managed detox facilities are Surface parking
•
typically staffed 24/7 with registered nurses, Parking structures
behavioral health technicians, addiction Accessory Uses:
counselors and licensed mental health • Accessory Uses (as defined by ECLUR)
clinicians. The discharge protocol for this Planning Area 4
facility is consistent with the process for the •
Inpatient Behavioral Health facility. Uses by Right:
• Open space (as defined by ECLUR)
• Outdoor gathering places
C. PUD Planning Areas
• Passive recreation improvements
All areas of Northstar Center PUD are
included in one of four Planning Areas as Accessory Uses:
depicted on the Northstar Center PUD • Accessory Uses (as defined by ECLUR)
Planning Areas Diagram. Allowable land uses
and development standards specific to these
Planning Areas are described in further detail
herein.
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•
E. Development Standards Setbacks are depicted on the Planning
Area Diagram
Planning Area 1 Maximum Building Footprint
Maximum Floor Area • 70%
• 45,000 square feet
Maximum Impervious Area
Maximum Building Height • 80%
• 55' (base elevation - 7245)
Minimum Landscape Area
Building Setbacks • 20%
• Front - 0'-10'
• Rear- 10' Planning Area 4
• Side - 5'-50' Maximum Floor Area
Setbacks are depicted on the Planning • Not applicable
Area Diagram Maximum Building Height
Maximum Building Footprint • Not applicable
• 50% Building Setbacks
Maximum Impervious Area • Not applicable
• 95% Maximum Building Footprint
Minimum Landscape Area • Not applicable
• 5% Maximum Impervious Area
Planning Area 2 • Not applicable
Maximum Floor Area Minimum Landscape Area
• 70,000 square feet • 100%
Maximum Building Height Parking (for entire PUD)
• 65' (base elevation - 7,244'/7,,246) Off-street parking for Northstar Center shall
Building Setbacks be provided in accordance with Division 4-1
• Front - 50' Off-Street Parking and Loading Standards
• Rear - 0'-10' of the ECLUR. Where there is a conflict
• Side -10'-50' between the Division 4-1 and this PUD
Setbacks are depicted on the Planning Guide, this PUD Guide shall prevail.
Area Diagram
Maximum Building Footprint For uses defined by this PUD Guide, the
50% following parking standards shall apply:
• • Medical Facilities and Uses shall
Maximum Impervious Area require 1 space per 300 square feet of
• 90% leasable space
Minimum Landscape Area • Commercial uses shall require 1 space
• 10% per 250 square feet of leasable space.
Planning Area 3
Variation - Minimum dimensions of parking
Maximum Floor Area areas shall be as follows:
• Not applicable • Surface spaces - 9 x19'
Maximum Building Height
• 16' (base elevation - 7,244) Landscaping/Common Recreation/
Building Setbacks Amenity Areas
• Front - 5' Three common recreation/amenity areas as
• Rear- 5' generally depicted on the Northstar Center
• Side - 5' Site and Landscape plans shall be provided
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DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
in conjunction with the development of new development at Northstar Center will
Building C. These areas shall total no less adhere to these design guidelines. If and
than 7,309 square feet and be designed when existing buildings are re-developed,
to provide passive recreation/outdoor they too will adhere to these guidelines at
gatherings places for employees, patients, the time they are redeveloped.
and visitors to the project. The design
of these areas will include landscaping, Of the eight Goals outlined by the Urban
hardscape improvements, seating areas, etc. Design Elements, three are applicable to
Northstar Center. These include site layout,
F. Design Guidelines architectural design and the pedestrian
experience. Considerations regarding
Introduction these three topics along with other design
Design guidelines for Northstar Center guidelines are outlined below.
are established to ensure compatible
and cohesive building design and site Architectural Guidelines
development throughout the project. It is The overall approach to the architectural
intended that specific architectural, site and design of Northstar Center is to create a
landscape design considerations outlined by . mountain modern/contemporary character
these guidelines will establish expectations that references local precedent and reflects
for the design and development of Northstar the Vail Health brand of health care and
Center. These guidelines also consider how wellness. The health and wellness focus
the development of Northstar Center relates moving forward will influence the design
to the rest of Edwards Center, specifically of the campus, and this design will take on
with respect to applicable elements of the passive, sustainable strategies. The built
Urban Design Elements for the Edwards environment will reinforce human wellness
Core Area, January 2009 (an element of the and environmental stewardship that will
Edwards Area Community Plan). resonate with occupants and the public alike.
Urban Design Elements acknowledges that Building Massing
"the Edwards Core Area has been developed Building design will employ logical massing
in piecemeal fashion through the years, strategies in response to site conditions
resulting in a perceived lack of unit and and programmatic aspects of the building.
theme". Further, that over time this diversity Generally, buildings will be a combination
has defined Edward's eclectic sense of place. of three and four levels, with building
Architectural expression varies considerably height along Edwards Spur Road frontage
throughout the Edwards Core and the expressing just three levels. The building
Urban Design Elements state "Structures form and orientation will respond to
and streetscapes that are experienced southwest-to-southeast mountain views and
simultaneously within the same pedestrian southern aspect offered by the site.
or automobile viewshed should display a
similar architectural style and theme". As an Building massing will convey fundamental
isolated site with its own defined pedestrian building language principles such as
and auto viewshed, the design approach to expressing a base, middle, and top of a
Northstar Center is to create its own unique building. Solid building materials such as
architectural expression that at the same time masonry will be used at the base of buildings
has a cohesive relationship with the Edwards to ground the building with the site. When
Core Area. appropriate, primary and secondary building
massing will be established. Examples of
Northstar Center is unique due to the design strategies to reduce the perceived
buildings that currently exist on the site. Any scale of buildings and to reinforce pedestrian
Vail Health PUD Submittal-PUD Guide
DocuSign Envelope ID:DDE5532B-1 DB1-43F7-AA93-11AA1 E73511 D
scale may include, but not be limited to, the the programmatic needs of the building, to
use of different wall materials, building offsets capture views, and to reinforce pedestrian
and/or projections, upper-level cantilevers, scale at the ground level of a building. When
and introducing subtle building stepbacks at appropriate, patient privacy will be taken into
upper levels of a building. account by recessing fenestration that allows
for views out while providing privacy for the
The following guidelines shall apply to the patient from the public viewing in. Recessed
west elevation of the future redevelopment windows in masonry walls may also be used
of Building A in Planning Area 2. The to create shadow patterns and add visual
purpose of these guidelines is to reduce interest to a building. Passive strategies will
the perceived mass and scale of buildings be incorporated that add to the building
in this area as viewed from neighboring character and enhance occupant comfort,
properties by minimizing the extent of including long overhangs for solar gain and
unbroken, vertical wall planes. No more than active shading.
two levels of a building shall be expressed
without introduction of a horizontal stepback Roofs
to the building. The depth and extent of Like most buildings in the Edwards Core
the stepback is to be determined based on Area, buildings at Northstar Center will have
the overall design and massing of building. predominantly flat roofs. When appropriate,
Building materials, fenestration, projections, roof cantilevers or parapets may be used to
rooftop spaces, and roof features can also add interest to roof forms. Outdoor, rooftop
be used to reduce the scale and mass of the space may also be used to add interest to
building. a building and to create functional outdoor
space.
Building Materials and Colors
Building materials, colors, textures and All rooftop mechanical systems will be
patterns will be compatible with the screened with walls or other features. Such
surrounding mountain setting. screening will be done with materials and
colors compatible with the building.
Primary building materials and colors
will be selected to blend with the natural Parking Structure
surroundings, with brighter accent elements The purpose of these guidelines is to
used to add interest to a building. ensure that the parking structure is
designed in harmony with other buildings
Heavy, masonry materials such as stone, and improvements within the PUD and to
brick or concrete will generally be used minimize impacts on neighboring properties.
at the base of a building to ground it with This will be accomplished with the use of
the site. Other appropriate wall materials similar building materials, and architectural
may include composite metal panels, treatments including but not limited to
weathering metal panels, stucco and glass/ building articulations and projections, accent
curtain wall storefronts. Material selections elements, etc. as used on other buildings
will be made to express the base, middle, within the PUD. Openings to the structure,
and top of a building. When possible, local when required, will include screening
building materials will be used to reinforce elements to reduce light spill from the site.
the local material palette and to support local The height of perimeter walls at the top deck
businesses. of the structure will be sufficient to screen
car headlights. A roof/screen element will be
Fenestration included on the top deck of the structure to
Windows will be designed with a logical add visual interest and to screen site lighting.
and functional pattern that is responsive to
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Exterior Lighting designed to provide for the safe and efficient
The intent of exterior lighting is to provide flow of people and vehicles throughout the
the minimum lighting necessary to satisfy site. Drive aisles will meet minimum turning
building code requirements and to provide movement standards for both emergency
lighting that will allow for the safe operation service vehicles and service/delivery vehicles.
and use of the development by staff and Pedestrian walkways will provide convenient
visitors to the project. Guidelines below connectivity between buildings throughout
are meant to implement the basic outdoor the site. Pedestrian corridors will be defined
lighting principles of the International Dark- by landscape features and/or the use of
Sky Association. paving material.
• Lighting shall be limited to lighting that Service functions such as loading/delivery
provides a clear purpose relative to and trash/recycling will be provided in
safety and function. discrete locations of the site. Screening of
• The design, type and location of such features will be provided as necessary
exterior lighting shall minimize glare using landscaping, fencing or walls that are
onto adjacent properties. compatible with surrounding buildings.
• Lighting shall be no brighter than
necessary to satisfy its intended The design of on site parking will be
purpose. Timers and/or motion provided in accordance with the ECLUR,
detectors shall be used to ensure that as may be amended from time to time.
the use of lighting is limited to when it Landscape islands will be provided to break
is needed, dimmed when possible and up large expanses of paved areas. Parking
turned off when not needed. lot lighting should utilize poles no taller than
fifteen (15') and have shielded/horizontal cut-
• Lighting fixtures shall have fully off light sources to provide illumination as
shielded/horizontal cut-off light sources necessary while minimizing light pollution.
and be located and directed to limit
illumination to the Northstar Center. Landscaping
• Up-lighting of buildings, landscaping or Landscape materials will be selected and
other site features is not permitted. located to define spaces, add color and
The height of parking lot light poles interest to the site, and to provide buffers
• shall be limited to 15' in height. around buildings and to soften the visual
impact of buildings and site improvements.
Native or otherwise drought tolerant
Landscape/Site Design Guidelines materials requiring minimal irrigation will be
Site design used. Landscape plans shall comply with
Generally, new buildings will be located design standards as specified in the ECLUR,
on portions of the site that are currently provided however minimum plant material
developed and when feasible, will utilize sizes shall be 2" caliper for deciduous trees,
existing site access points. Buildings will be 8' height for coniferous trees, and 5-gallon
located to create a functional and attractive containers for shrubs. Landscape irrigation
relationship between other buildings and to shall conform to water use standards as
accommodate future phases of development outlined below in Section H Sustainability.
within the property. When possible, building
siting should be responsive to view corridors Retaining Walls and Screen Fence
into and out of the site. A retaining wall and screen fence will be
constructed along the south and west
Circulation boundary of the site. The retaining wall
Pedestrian and vehicular circulation will be will be treated with color and/or textures
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DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
compatible with the colors and materials of a home in exchange for them recording
buildings within the PUD. Variation in wall a perpetual Resident Occupied deed
colors or materials may be used to add visual restriction on their home, or by providing
interest and to break up the linear plane of funds to employees who own a home in
the retaining wall. A fence atop the retaining exchange for them recording a perpetual
wall will be constructed to screen headlights Resident Occupied deed restriction
from the parking lot. Fence material will on their home. The deed restrictions
be metal, consistent with materials used on will include a provision that with any
buildings within the PUD. The height of the subsequent sale the homes would then
fence will be a minimum of four (4') sufficient be offered for sale initially to Vail Health (or
to screen headlights, up to a maximum of their affiliates) staff for a maximum of 30
six (6'). The fence height may vary along the days (the "Right of First Offer " or "ROFO").
length of the retaining wall. If no Vail Health (or its affiliates) staff
purchases the home during the 30-day
In conjunction with the future redevelopment ROFO period, upon expiration of the 30-
of Building A, the screen fence along with day ROFO period, the home would then
associated landscaping shall be extended to be available for purchase by any Eligible
the southern portion of Planning Area 2. The Household (as defined in the Eagle County
purpose of this extension is to screen the Affordable Housing Guidelines). Resident
development from surrounding properties. Occupied deed restrictions provided under
this alternative would be limited to homes
G. Workforce Housing Plan located in the 170 corridor between Vail
and Dotsero, including Minturn or Red
The workforce housing plan for Northstar Cliff. Deed restrictions will be recorded
Center shall be as established below. Job prior to Certificate of Occupancies for
generation and housing mitigation are Building C.
defined for Phase I, Planning Area 1 (new
building C) and Phase II, Planning Area 2 (the Alternative 2
redevelopment of Buildings A and B). Alternative 2 may be used to provide the
remainder of recommended housing
Phase I/Planning Area 1, New Building C mitigation not fulfilled by Alternative 1.
Housing Mitigation Vail Health will construct new housing
The development of Phase I, Planning Area 1 units and record a perpetual Resident
will generate an estimated 38 new jobs. 38 Occupied deed restriction on the units
new jobs translate to 31.7 employees. 31.7 and/or purchase existing units and record
new employees translate to 17.6 households. a perpetual Resident Occupied deed
At a mitigation rate of 45%, 8 housing units restrictions on the purchased units. In
are required to meet the recommendations either case deed restrictions would be
of the Eagle County Affordable Housing recorded on the homes and they would
Guidelines. initially then be offered for sale or lease
to Vail Health (or their affiliates) staff for a
Housing Mitigation Plan maximum of 30 days (the "Right of First
Housing mitigation will be provided using Offer "' or "ROFO"). If no Vail Health (or
one of two alternatives: its affiliates) staff purchases or leases any
Alternative 1 such home during the 30-day ROFO
"Buy down funds" will be provided in period, upon expiration of the 30 day
an amount equal to, or for a portion of, ROFO period, the home would then be
the required housing mitigation to Vail available for purchase or lease by any
Health employees desirous of purchasing Eligible Household (as defined in the Eagle
County Affordable Housing Guidelines).
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With this alternative, the location of homes Vail Health (or its affiliates) staff purchases
would be limited to Minturn or Red Cliff, the home during the 30-day ROFO
or in the Eagle River Valley between Vail period, upon expiration of the 30-day
and the Eagle County Airport (in the case ROFO period, the home would then be
of the Eagle River Valley, housing must available for purchase by any Eligible
be located within 23 road miles from Household (as defined in the Eagle County
the Northstar Center). Deed restrictions Affordable Housing Guidelines). Deed
equal to the required remaining mitigation restrictions provided under this alternative
will be recorded prior to Certificate of would be limited to homes located in the
Occupancies for Building C. 170 corridor between Vail and Dotsero,
including Minturn or Red Cliff. Deed
A combination of Alternative 1 and Alternative restrictions will be recorded prior to
2 may be used. Certificate of Occupancies for Buildings
A or B depending upon which building
Phase II/Planning Area 2/ redevelopment triggers the housing
Redevelopment of Buildings A and B mitigation first.
Housing Mitigation Alternative 2
The development of Phase II, Planning Area Alternative 2 may be used to provide the
2 may involve a maximum net increase of remainder of the recommended housing
up to 30,000 square feet. Assuming all mitigation not fulfilled by Alternative 1.
square footage is developed and using a Vail Health will construct new housing
job generation rate of 2.8 employees per units and record perpetual Resident
1,000 square feet, an estimated 84 jobs Occupied deed restrictions on the units
could be created. 84 new jobs translate to and/or purchase existing units and record
70 employees. 70 new employees translates perpetual Resident Occupied Deed
to 39.89 households. At a mitigation rate of restrictions on the purchased units. In
45%, 18 housing units are required to meet either case deed restrictions would be
the recommendations of the Eagle County recorded on the homes and they would
Affordable Housing Guidelines. initially be offered for sale or lease to
Vail Health (or their affiliates) staff for a
maximum of 30 days (the "Right of First
Housing Mitigation Plan Offer" or "ROFO"). If no Vail Health (or
Housing mitigation will be provided using its affiliates) staff purchases or leases any
one of three alternatives: such home during the 30-day ROFO
Alternative 1 period, upon expiration of the 30-day
"Buy down funds" will be provided to Vail ROFO period, the home would then be
Health employees desirous of purchasing available for purchase or lease by any
a home in exchange for them recording Eligible Household (as defined in the Eagle
a Resident Occupied deed restriction County Affordable Housing Guidelines).
on their home, or by providing funds to With this alternative, the location of homes
employees who own a home in exchange would be limited to Minturn or Red Cliff,
for them recording a Resident Occupied or in the Eagle River Valley between Vail
deed restriction on their home. The deed and the Eagle County Airport (in the case
restrictions will include a provision that of the Eagle River Valley, housing must
with any subsequent sale the homes be located within 23 road miles from the
would then be offered for sale initially to Northstar Center). Deed restrictions equal
Vail Health Vail Health (or their affiliates) to the required mitigation will be recorded
staff for a maximum 30-day period (the prior to Certificate of Occupancies for
"Right of First Offer " or "ROFO"). If no
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Building A or B depending upon which removed in the redevelopment of Buildings
building redevelopment triggers the A and B, Vail Health will replace these three
housing mitigation first. units, with bedroom and bathroom counts
equal to or greater than the existing units,
Alternative 3 within the "Edwards Area" as that term is
Prior to the redevelopment of Buildings defined by the Edwards Area Community
A and B, Vail Health may initiate the Plan. The replacement of these units and
construction of market rate, non-deed recordation of the Resident Occupied deed
restricted Vail Health staff housing at restrictions will occur prior to issuance
locations yet to be determined within of certificates of occupancy for Buildings
Eagle County. Alternative 3 allows Vail A and B, depending upon which building
Health to record Resident Occupied deed redevelopment triggers the housing
restrictions on such housing and those mitigation first.
deed restricted units then could be applied
to the recommended housing mitigation Modifications to Job Generation and
for the redevelopment of Buildings A Required Mitigation
and B. The deed restrictions recorded Job generation calculations and required
on the units would require initially that mitigation calculations may be modified
the units be offered for sale or lease to downward, as the current calculations are
Vail Health (or their affiliates) staff for a based on the maximum proposed net new
maximum period of 30 days (the "Right of square footage and industry average job
First Offer " or "ROFO"). If no Vail Health generation rates, when more is known
(or its affiliates) staff purchases or leases about the nature and extent of Phase II.
any such home during the 30-day ROFO Modifications may be requested by Vail
period, upon expiration of the 30-day Health based on the final amount of square
ROFO period, the home would then be footage to be constructed and the projected
available for purchase or lease by any staffing information that may be different
Eligible Household (as defined in the Eagle from the job generation rate included in the
County Affordable Housing Guidelines) Eagle County Affordable Housing Guidelines.
With this alternative, the location of homes Such modifications may be approved in
would be limited to Minturn or Red Cliff, writing by the Director of Resiliency at the
or in the Eagle River Valley between Vail staff level. Any request for modification shall
and the Eagle County Airport (in the case be made prior to application for building
of the Eagle River Valley, housing must permit for Buildings A or B. Any change to
be located within 23 road miles from the the proposed method of mitigation shall
Northstar Center). Deed restrictions in require an amendment to the Northstar
a number equal to the recommended Center PUD.
mitigation will be recorded prior to
Certificate of Occupancies for Building H. Sustainability
A or B depending upon which building
redevelopment triggers the housing The sustainability initiatives below will
mitigation first. be implemented in Planning Areas 1 and
2 at Northstar Center. These initiatives
A combination of Alternative 1, Alternative 2 will be identified on site and/or building
and Alternative 3 may be used. plans included in the building permit
submittal requirements. Proof installation
Replacement of existing employee housing or implementation shall be provided to the
units at Northstar Community Development Director and
There are currently three rental housing units approved prior to issuance of the Certificate
at the Northstar Center. If these units are of Occupancy for the building upon which
Vail Health ( i a) PUD Submittal-PUD Guide
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
it is identified. All initiatives identified and • Higher efficiency glass to minimize
described below shall be provided on the heating and cooling costs.
Northstar Center property and in no manner • Construction of a solar ready roof
shall the final CO for proposed build out be (run conduit runs and provide
issued until all the initiatives are installed or electrical panel space for installation
implemented as identified in this PUD Guide. of solar PV array on the roof).
1. Dedicated areas for recycling and corn- • Building envelope air sealing and
post programs will be located within testing to reduce air infiltration
Building Cand within redeveloped requiring less heating and cooling.
Buildings A and B. At the time Buildings
A and B are redeveloped, recycling and Water Use
compost facilities for Northstar Center The design, development and operation of
maybe combined into one location. Northstar Center will be done to use water
both responsibly and efficiently. This will be
2. Bicycle racks will be located proximate done in collaboration with the Eagle River
to building entries for a//new buildings Water and Sanitation District by utilizing the
- to be constructed at Northstar Center. District's Indoor and Outdoor Water Use
Requirements. These requirements address
3. EV Charging stations equal to 10%of the following considerations:
the total on-site parking spaces to be
installed as a part of Phase/(Building 1. Establish a maximum water budget
C) will be provided. Such charging for both indoor use and minimum
stations will be located within surface standards for water fixtures and
parking lots proximate to Building C. appliances.
EV stations equal to 10%of any increase
to on-site parking to be installed in 2. Establish a maximum water budget for
conjunction with the redevelopment outdoor water use.
of Buildings A and B will be provided.
Such charging stations will be located 3. An annual auditing system to ensure
within parking structures water use is in conformance with
established water budgets.
4. Xenscaping and native, drought re-
sistant plant materials will be used 4. Define specific design parameters for
throughout Northstar Center landscape plans and irrigation plans that
will ensure the efficient and responsible
5. Smart Lighting systems - LED will be use of water, to include an audit
used throughout Northstar Center program and ongoing maintenance
program of irrigation systems.
6. Energy EfficIsnt bui/d/rig envelope and An Irrigation Document Package in
mechanical systems will be used for accordance with the District's requirements
all new buildings to be developed at will be submitted for review and approval
Northstar Center. Examples of such ini= by the District prior to issuance of a building
tiatives may include, but not be limited permit for construction of any new building
to.. within the project.
• Building awning design to maximize
solar gain in the winter and provide
shade in the summer. I. Signs
• Increased insulation to minimize Signs within the Northstar Center PUD
heating and cooling costs. shall comply with the provisions of the
Vail Health I l ) PUD Submittal-PUD Guidc
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
ECLUR, except as may be established by a K. Easements and Utilities
comprehensive sign program for the entire Utility and drainage easements and
PUD. A comprehensive sign program shall improvements currently existing on the
be reviewed as a Minor Modification as Northstar Center property. The development
described below in Section J. Amendments of the property as permitted by this PUD
and Modifications. Such sign program Guide will necessitate the construction of
will address the type, number, size, and new utility and drainage improvements
general location of exterior signs within the and the related vacation and/or relocation
PUD. In addition, the sign program shall of easements for such improvements. At
include provisions to not allow exterior signs the time such new drainage and utility
higher than 18' above grade on any building improvements are completed as necessary
frontage oriented directly toward neighboring for the development of the property, the
properties located to the west of the PUD. owner will contemporaneously vacate
easements that are no longer be necessary
J. Edwards Spur Road Access and will establish new easements for
The following improvements to site access new drainage and utility improvements.
off of the Edwards Spur Road will be Easements will be vacated and established
completed by the Applicant: with coordination of utility providers and
implemented via written instrument to be
Phase I/Planning Area 1, New Building C recorded with the Eagle County Clerk and
Striping and signage generally consistent with Recorders Office.
Figure Al of the Northstar Redevelopment
Traffic Impact Study dated July 28, 2021 will L. Amendments and Modifications
be completed with Phase I, the development Amendments to the Northstar Center PUD
of Planning Area 1. Final design of these Guide shall be evaluated in accordance with
improvements will be established as an applicable provisions of this section.
element of the Colorado Department of
Transportation Access Permit Process. Such
improvements shall be completed prior to Minor Deviations
the issuance of a building permit for Building Minor deviations involve technical, or
C. engineering considerations not reasonably
anticipated during the initial approval process.
Phase II/Planning Area 2, Minor Deviations are to be reviewed in
Redevelopment of Buildings A and B accordance with the ECLUR.
The redevelopment of Buildings A and/or B
will require the re-design of site access from Minor Amendments
the Edwards Spur Road to provide sufficient Minor Amendments are specific changes to
throat depth between the Spur Road the PUD that do not significantly alter the
Roundabout and internal site circulation. overall design concept, character, and intent
The design of these improvements will be of the PUD. Minor amendments include but
established as an element of the Colorado are not limited to minor changes to:
Department of Transportation Access
Permit Process. Such improvements • Planning Area boundaries that do not
shall be completed prior to the issuance change the overall intent of the PUD,
of certificates of occupancy for such • Development standards (maximum
redevelopment.
floor area, building setbacks, building
footprint, impervious area) which do
not have a significant material impact
upon the overall intent of the PUD
Vail Hcalth PUD Submittal-PUD Guidc
DocuSign Envelope ID:DDE5532B-1 DB1-43F7-AA93-11AA1 E73511 D
• Base elevations used to determine Planning Area 1 - New +/-45,000sf
building height, and behavioral health building.
• Land uses that do not alter the overall Developer obligations:
character of the PUD. • See Section J. Edwards Spur Road
• Adoption of a comprehensive sign Access
program, and • Abandonment of existing water and
• Text changes to this PUD Guide sewer lines
that are intended to provide clarity, • Construction of new water and sewer
correct conflicts, or that consider prior lines*
oversights shall also be considered • Construction of new storm drain
Minor Amendments. system (grading, inlets, pipes and
underground detention/storage)*
For dimensional standards, a minor • Expansion of electric, gas,
amendment shall not result in a variation that communication systems
exceeds 10% from the required dimension,
measurement, area, or limitation. ▪ Surface parking lot expansion
• Signage/striping at site entrance as per
Minor Amendments shall be processed CDOT*
under the authority of the Community • Landscaping and fencing*
Development Director. The Community • Employee housing mitigation
Development Director may approve a Minor • Three outdoor amenity areas
Amendment if it is found to be generally
consistent with the overall character and * These improvements are depicted on the
intent of the PUD and to not negatively diagram of Phase I Development and Site
impact adjacent properties or land uses. Improvements, located on the following
Appeals from any decision of the Director page.
shall be governed by the ECLUR.
Planning Area 2 - Demolition and
reconstruction of Building A, Building B or
Major Amendments Buildings A and B with maximum potential of
Major Amendments are specific changes to 70,000sf and parking garage.
the PUD that, as reasonably determined by
the Community Development Director, may Developer obligations:
significantly alter the overall design concept, • See Section J. Edwards Spur Road
character and intent of the Northstar Center Access
PUD. Major Amendments shall be processed • Modification to surface parking and
as an Amendment to Preliminary Plan for construction of parking structure
PUD per the ECLUR. Appeals of any decision (within Planning Area 3, if necessary)
made by Eagle County in connection with a • Construction of new water and sewer
request for a Major Amendment of the PUD service lines
shall be subject to the applicable provisions • Expansion of electric, gas,
of Colorado law. communication systems
• Construction of new storm drain
M. Development Implementation system (grading, inlets, pipes and
underground detention/storage)
The following site development • Re-design of site entrance to provide
improvements shall be provided by Vail increased throat depth as may be
Health in conjunction with the development required by CDOT
of Planning Area 1 and 2: • Employee housing mitigation
Vail Health 13) PUD Submittal-PUD Guide
DocuSign Envelope ID:DDE5532B-1 DB1-43F7-AA93-11AA1 E73511 D
\ \
\ \ Outdoor amenity area
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fence \
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detention basin ' \-
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/ (to remain)
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area(typ.) Building A . : P
(to remain) ` Legend
/ \ / Storm Sewer
Perimeters CDOT Improvements Sanitary Sewer
fence / Water Line
/ Planning Area 1
Developer Improvements
Vail Health PUD Submittal-PUD Guide
DocuSign Envelope ID:DDE5532B-1 DB1-43F7-AA93-11AA1 E73511 D
Exhibit C-Northstar Center Planned Unit Development(PUD)Variation Table
13
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DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
Exhibit D-Northstar Center Planned Unit Development(PUD)Agreement
14
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
COUNTY OF EAGLE, STATE OF COLORADO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
THE NORTHSTAR PLANNED UNIT DEVELOPMENT
Eagle County File No. PDA-9148-2021
WHEREAS, on or about March 3, 2021, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Eagle River Real Estate Holdings, LLC (the
"Applicant") for an amendment to the Northstar Center Planned Unit Development (the
"Application"), for the development known as the Northstar Planned Unit Development
("Northstar PUD"), for the approximately 4.9-acre property located in Edwards, Colorado for the
property more particularly described in Exhibit `A,' attached to the Resolution and as follows:
429/439 Edwards Access Road E, and as more specifically described as:
PARCEL A: PARCEL 1, NORTHSTAR CENTER, ACCORDING TO THE PLAT THEREOF
FILED FEBRUARY 20, 1996 IN BOOK 688 AT PAGE 396, COUNTY OF EAGLE, STATE OF
COLORADO.
PARCEL B: CONDOMINIUM UNIT 101, THE NORTHSTAR CENTER BUILDING B,
ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED MARCH 29, 1999
UNDER RECEPTION NO. 690885, AND ACCORDING TO THE CONDOMINIUM
DECLARATION RECORDED MARCH 29, 1999 UNDER RECEPTION NO. 690888,
COUNTY OF EAGLE, STATE OF COLORADO; and
herein referred to as the "Property;"
WHEREAS, concurrent with the approval of the Application, 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
Northstar PUD to any conditions placed in the Resolution approving the PUD Amendment and
this Agreement and such supplemental agreements relating to the Northstar PUD as may be
appropriate and necessary; and
WHEREAS, this Agreement provides for the inclusion of a a landscape plan and a
workforce 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 Northstar PUD in accordance with the ECLUR;
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
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 Applicant
pursuant to this Agreement.
NOW, THEREFORE, in consideration of approval of the Northstar PUD, and the
promises, covenants, and agreements to be kept and performed by the parties hereto, it is
agreed:
1. CONDITIONS IN THE RESOLUTION
1.1 The Northstar PUD, including the Applicant and successive owners of any part
thereof, is bound to all of the conditions placed in the resolution approving the
application for Amendment to Preliminary Plan for PUD approved by the Board
on March 1, 2022 (the "Resolution").
2. COMMON OPEN SPACE AREAS
2.1 Common Open Space Plan. The Applicant agrees to be bound by its verbal and
written assurance as to its common open spaces, landscape design, parks, and
recreational areas as set forth in the Landscape Plan included as a part of
theNorthstar PUD and in the Planned Unit Development Guide for Northstar PUD
(the "PUD Guide"), a copy of which is attached to the Resolution as Exhibit B.
3. STORMWATER
3.1 Stormwater. The Applicant agrees to prepare and submit to the County a Final
Drainage Report and Stormwater Design with the submittal of an application for a
Grading Permit, Building Permit, or the Amended Final Plat for the Northstar
PUD whichever occurs first.
4. LANDSCAPE PLAN IMPROVEMENT GUARANTEE
4.1 Landscape Plan. The Applicant agrees to submit with the application for each
building permit a landscape plan for the common and public areas of the Property
subject to such building permit in compliance with the Landscape / Site Design
Guidelines and Section H. Sustainability of the PUD Guide (each a "Landscape
Plan").
4.2 Agreement to Collateralize Landscaping. The Applicant 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 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
2
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
improvements for such Phase. The Applicant agrees that the landscaping
collateral for each Phase of the PUD shall be provided at the time of building
permit for each such Phase. In the event such collateral is not received, the Final
Plat for such Phase shall not be recorded.
4.3 Release of Landscape Guarantee. As portions of the landscape improvements are
completed for a Phase, the Eagle County Community Development Director, or
designated representatives, 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 have been
maintained in a satisfactory condition for two (2)years.
5. PHASING
5.1 Phasing. Development of the PUD is proposed in three primary phases (each a
"Phase"), as set forth in Section M. The Phasing Plan contemplates development
of three planning areas (each a "Planning Area" or "PA") which are depicted on
the "Northstar Center PUD Planning Area Diagram" incorporated into the PUD
Guide. For purposes of clarity as related to the Phasing Plan, it is agreed(i)that
the development tracts 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 Applicant 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.
6. WORKFORCE HOUSING PLAN
6.1 Workforce Housing Plan. The Applicant has agreed to the Workforce Housing
Plan approved as part of the Northstar PUD, which the Workforce Housing Plan is
set forth in the PUD Guide attached as Exhibit B of the Resolution and as set forth
in Section G of the PUD Guide.
7. ROADWAYS AND ASSOCIATED INFRASTRUCTURE
7.1 Edwards Access Road: Primary Access Point. Access to the property will be
reviewed as described in Section J of the PUD Guide. Prior to submittal of the
Building Permit Application for Building C, an Access Permit Application must
be submitted to Eagle County for the new uses, and the permit must be issued and
improvements constructed prior to issuance of the Building Permit for Building C.
It is anticipated that the improvements required will include on-site signage and
3
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
striping as described in the Traffic Impact Study in the application dated July 28,
2021. The final design of the improvements will be determined during the Access
Permit review.
At the time of the redevelopment of Building A, Building B, or both, a second
access permit will be required and must be approved prior to issuance of any
building permits. It is anticipated that the redevelopment of these buildings will
require modifications to the site access. The final design of the access will be
determined during the Access Permit Review.
7.2 Sidewalks and Pedestrian Circulation. The Northstar PUD will continue to utilize
the existing on-site sidewalks for pedestrian access. Additional improvements for
pedestrian circulation will be reviewed with the application for the Building
Permit for Building C to ensure pedestrian access is provided as required. At the
time of the redevelopment of Building A, Building B, or both, the pedestrian
access to the Edwards Access Road will be re-designed to ensure access from the
Edwards Access Road onto and throughout the site consistent with the
Landscape/Site Design Guidelines Section of the PUD Guide.
7.3 Road Impact Fees. With the review of the Building Permit for Building C, the
Road Impact Fee will be determined based on the final design, the proposed uses,
and the floor area of the Building C and in accordance with the Road Impact Fee
regulation in effect at that time.
For the redevelopment of Buildings A and B, the Road Impact Fee will be
calculated based on any additional square footage beyond the current building
area as documented in the application and the PUD Guide. The Fee will be
calculated as described in the Road Impact Fee regulation in effect at the time of
redevelopment.
8. OTHER MATTERS
8.1 PUD Utilities. At the Amended Final Plat for the Northstar PUD, utilities to be
constructed in the utility easements pursuant to the PUD as depicted on the
Amended Final Plat ("PUD Utilities"). A Utility Plan shall be provided with the
Amended Final Plat as part of the construction drawings. 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 the first building permit issued
for each Planning Area within the Northstar PUD. Further, construction,
• maintenance and repair of PUD Utilities shall be the responsibility of the
Applicant or its successor or assigns (which may be an owners association or
metropolitan district formed for the PUD) pursuant to notes delineated on the
Amended Final Plat with respect to PUD Utilities created by such Amended Final
4
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
Plat. The responsibilities undertaken by the Applicant or its successors 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
electrical, localized stormwater and drainage infrastructure, shallow utilities, or
similar.
9. GENERAL PROVISIONS
9.1 Compliance with Land Use Regulations. The Applicant 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, as the same are in effect at the time of commencement of
construction of the PUD Improvements referred to herein.
9.2 Sole Responsibility of Applicant Prior to County Acceptance. The Applicant
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 Applicant. When it is necessary to allow the
general public to utilize the PUD Roadways under construction by the Applicant,
traffic control and warning devices shall be placed upon such roadways by the
Applicant 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.
9.3 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.
9.4 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) 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.
9.5 Assignability. This Agreement shall be enforceable against the Applicant,
5
DocuSign Envelope ID:DDE5532B-1DB1-43F7-AA93-11AA1E73511D
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. 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.
9.6 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
9.7 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.
9.8 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 those regulation may be amended from
time to time, or as otherwise provided by laev Alternatively, the terms of this
Agreement and of any applicable deed r tr : 'a,ns ;and covenants shall be
enforceable by the Board or its designee by '.propriate equitable or legal
action, including but not limited to specific pet 'nuance, mandamus, abatement,
or injunction. The remedies explicitly provided herein are cumulative, and not
exclusive, of all other remedies provided by law or equity.
9.9 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:
Eagle River Real Estate Holdings, LLC, by Vail Clinic
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DocuSign Envelope ID:DDE5532B-1 DB1-43F7-AA93-11AA1 E73511 D
Attn: Craig Cohn •
180 S. Frontage Road West
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 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.
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:
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By:
CMAC12er8NV47A.
Jeanne McQueeney
�e�`t couivT County Commissioners Chair
0
DocuSigned by: COY
ATTEST: rt aim ot,
r9Dc2r24609C440..
Clerk to the Board of
County Commissioners
Applicant:
Eagle River Real Estate Holdings, LLC, a Colorado limited
liability company
DocuSigned by:
Orall /I,
Nv
By. 0C3C31C7AC05403..
Name: Craig Cohn
Its: Chief Real Estate Development Officer,Vail Health
7