HomeMy WebLinkAboutR95-019 PUD amendment for 4020 Land Investors - Eagle II for Riverwalk01
'over moved adop
tion i t
�L ° of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO,
RESOLUTION NO. 95 - Iq_ __
RE: THE APPLICATION OF 4020 LAND INVESTORS & EAGLE II DEVELOPERS
for APPROVAL of a PLAN UNIT DEVELOPMENT AMENDMENT for the
RIVERWALK AT EDWARDS.
FILE NO: PD- 291 -94 -A -
WHEREAS, on or about August 1, 1994, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by 4020 Land Investors & Eagle II Developers (hereinafter
"Applicant ") for approval of a PUD Amendment for the Riverwalk at
Edwards Planned Unit Development, File No. PD- 291 -94 -A; and
WHEREAS, the applicant requested approval of a Planned Unit
Development Amendment.as described in the application, as amended
and in the Riverwalk at Edwards Planned Unit Development Control
Document, dated February 14, 1995 and approved by the Board of
County Commissioners, (hereinafter "the Board ") on February 14,
1995; and
WHEREAS, public hearings were held by the Board on October
18th, November 1st, December 6th, January 3, 1995, January 31,
1994 and February 14, 1995; and
WHEREAS, based on the ' 'evidence, testimony, exhibits, study
of the Master Plan for the unincorporated areas of Eagle County,
comments of the Eagle County Department of Community Development,
comments of public officials and agencies, the recommendation of
the Eagle and Colorado Valley Planning Commission, and comments
from all interested parties, the Board finds as - follows:
I. Proper
publication and public notice was provided as
required by law for the hearing before the Planning
Commission and the Board of County Commissioners.
II. The following PUD Amendment criteria were considered
pursuant to Section 2.06.13 (11)(b) of the Eagle County Land
Use Regulations:
(1) The proposed amendment is consistent with the efficient
development and preservation of the entire PUD; and
557696 B -661 P -668 02/17/95 01:26P PG 1 OF 3 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
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(2) The proposed amendment does not affect in a
substantially adverse manner either the enjoyment of
the land abutting upon or across the street from the
PUD or the public interest; and
(3) The proposed amendment is not granted solely to confer
a special benefit on any person.
In addition to the above criteria, the following Zone Change
criteria were considered pursuant to Section 2.14.04(1) of
the Eagle County Land Use Regulations:
(a) The rezoning is consistent with the applicable Master
Plans and the area possesses the geologic, physical and
other environmental conditions compatible with
characteristics of the use requested and that the
advantages of the use requested outweigh the
disadvantages.
(b) Conceptual evidence has been provided that the land has
access and can be serviced with water and sewage
disposal systems appropriate with the zone district
being sought.
(c) The area for which rezoning is requested has changed or
is changing to such a degree that it is in the public
interest to encourage a new use or density in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, the application for approval of the Riverwalk at
Edwards PUD Amendment is hereby granted, as further restricted in
the approved Riverwalk at Edwards Planned Unit Development
Control Document, dated February 14, 1995, attached as Exhibit A.
THAT the Board hereby directs the Department of Community
Development to enter this amendment on the appropriate page(s) of
the Official District Map and record the change in the Office of
the Eagle County Clerk and Recorder.
The Board further finds, determines and declares that this
Resolution is necessary for the health, safety and welfare of the
inhabitants of the County of Eagle, State of Colorado.
2
Cll
COUNTY OF
COLORADO,
BOARD OF
MOVED, READ, AND ADOPTED by the Board of County Commissioners of
the County of Eagle State of Colorado, at its meeting held the
day of � 4,c s , 19 2L.
rJ
ATT
County Commissioners
James E. Johnson, Jr., Chairman
A.
Johnnette Phillips, Co issioner
George P. Gate
Commissioner 6X&I seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner George A. Gates r
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr. U �
This Resolution passed by -0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
C I
EAGLE, STATE OF
by and Through Its
COUNTY COMMISSIONERS
3y:
3
�� �.
�a a
�t>e.
C C
Commissioner �,121) moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95 - t q
RE: THE APPLICATION OF 4020 LAND INVESTORS & EAGLE II DEVELOPERS
for APPROVAL of a PLAN UNIT DEVELOPMENT AMENDMENT for the
RIVERWALK AT EDWARDS.
FILE NO: PD- 291 -94 -A
WHEREAS, on or about August 1, 1994, the County of Eagle,
State of Colorado, accepted for filing an application submitted
by 4020 Land Investors & Eagle II Developers (hereinafter
"Applicant ") for approval of a PUD Amendment for the Riverwalk at
Edwards Planned Unit Development, File No. PD- 291 -94 -A; and
WHEREAS, the applicant requested approval of a Planned Unit
Development Amendment as described in the application, as amended
and in the Riverwalk at Edwards Planned Unit Development Control
Document, dated February 14, 1995 and approved by the Board of
County Commissioners, (hereinafter "the Board ") on February 14,
1995; and
WHEREAS, public hearings were held by the Board on October
18th, November 1st, December 6th, January 3, 1995, January 31,
1994 and February 14, 1995; and
WHEREAS, based on the evidence, testimony, exhibits, study
of the Master Plan for the unincorporated areas of Eagle County,
comments of the Eagle County Department of Community Development,
comments of public officials and agencies, the recommendation of
the Eagle and Colorado Valley Planning Commission, and comments
from all interested parties, the Board finds as follows:
I. Proper publication and public notice was provided as
required by law for the hearing before the Planning
Commission and the Board of County Commissioners.
II. The following PUD Amendment criteria were considered
pursuant to Section 2.06.13 (11)(b) of the Eagle County Land
Use Regulations:
(1) The proposed amendment is consistent with the efficient
development and preservation of the entire PUD; and
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c
(2) The proposed amendment does not affect in a
substantially adverse manner either the enjoyment of
the land abutting upon or across the street from the
PUD or the public interest; and
(3) The proposed amendment is not granted solely to confer
a special benefit on any person.
In addition to the above criteria, the following Zone Change
criteria were considered pursuant to Section 2.14.04(1) of
the Eagle County Land Use Regulations:
(a) The rezoning is consistent with the applicable Master
Plans and the area possesses the geologic, physical and
other environmental conditions compatible with
characteristics of the use requested and that the
advantages of the use requested outweigh the
disadvantages.
(b) Conceptual evidence has been provided that the land has
access and can be serviced with water and sewage
disposal systems appropriate with the zone district
being sought.
(c) The area for which rezoning is requested has changed or
is changing to such a degree that it is in the public
interest to encourage a new use or density in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, the application for approval of the Riverwalk at
Edwards PUD Amendment is hereby granted, as further restricted in
the approved Riverwalk at Edwards Planned Unit Development
Control Document, dated February 14, 1995, attached as Exhibit A.
THAT the Board hereby directs the Department of Community
Development to enter this amendment on the appropriate page(s) of
the Official District Map and record the change in the Office of
the Eagle County Clerk and Recorder.
The Board further finds, determines and declares that this
Resolution is necessary for the health, safety and welfare of the
inhabitants of the County of Eagle, State of Colorado.
2
�, `..
COUNTY OF
COLORADO,
BOARD OF
MOVED, READ, AND ADOPTED by the Board of County Commissioners of
the County of Eagle_ State of Colorado, at its meeting held the _
Z44._ day of , 19 1-C.
ATT
am
County Commissioners
EAGLE, STATE OF
by and Through Its
COUNTY COMMISSIONERS
By: --_'
James E. Johnson, Jr., Chairman
(9"
ohnnette hillips, Comm'ssioner
-C� e�,' -'At� —
George . Gates, Commissioner
Commissioner seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner George A. Gates �� -
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by —0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
3
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ills
TABLE OF CONTENTS
THE RIVE.RWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
I.
Purpose
Definitions
II.
Defined Terms
III.
Allowed Uses
A. Land Uses
B. Land Use Table
IV.
Performance Standards
V.
Parking
VI.
Revegetation of Disturbed Areas
VII.
Design Review Board
A. Authority
B. Procedures
VIII.
Lot Coverage
IX.
Snow Storage
X.
Setbacks
XI.
Maximum Height of Buildings
A. Interpretation
B. Building Areas M,N, & 0
C. Building Areas H,I,J, & L
D. Building Areas D,E,F, & G
E. Building Areas B & C
F. Building Area A
G. Riverfront Park
XII.
Open Space
XIII.
Vehicles
XIV.
Animals
1
1
1
3
.3
4
5
5
6
6
6
6
6
7
7
8
8
8
8
9
9
9
9
9
10
10
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XV. Signs
10
A.
Goals
11
B.
Definitions
11
C.
Permitted Signs
13
D.
Prohibited Signs
14
E.
Signs Exempt from Administration
14
F.
Procedure
17
XVI. Further
Subdivision
17
XVII. Wood Burning
18
XVIII. Phasing
.18
XIX. Specific
Design Controls
18
A..
Freestanding Buildings
18
(building areas M,N, & 0)
B.
Individual Buildings or Groupings
of Buildings which have a side or
front on to Main Street
(building areas B through L)
18
C.
Hotel Site (building area A)
22
D.
Minimum Landscape Standards
23
XX. Employee
Housing Program
25
A.
Establishment, Goals and Objectives
25
B.
Definitions Specific to the Employee
Housing Program
25
C.
Number of Employee Housing Spaces
29
D.
Use and Occupancy of Employee
Housing Units
29
E.
Credits for Employee Housing Spaces
29
F.-
*Enforcement of Compliance in Creation
of Employee Housing Units and Credits
30
XXI. Employee
Housing Deed Restriction
32
A.
Deed Restriction
32
B.
Limitation on Amendments to Employee
Housing Deed.Restriction
32
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Employee's Affidavit /Certification of
Eligibility to Occupy Riverwalk at
Edwards Employee Housing Units 56
Employer's Affidavit /Verification of Employment 60
Owner's Affidavit Regarding Sale of Unit/
Certification of Listing of Riverwalk at
Edwards Employee Housing Unit 62
Owner's Affidavit Regarding Lease of Unit/
Certification of Rental of Riverwalk at
Edwards Employee Housing Unit 65
3
XXII. Guidelines and General Rules and Regulations
Governing "Employee Housing" in the Riverwalk
at Edwards Development
32
A. Administration
32
B. Ownership, Use and Occupancy
Restrictions
33
C. Procedure to Qualify to Purchase
or Occupy Employee Units
34
D. Sale of Employee Housing Units
35
E. Occupancy of Employee Housing Units
37
F. Employee Housing Affidavit
39
G. Remedies
39
H. General Provisions
40
1. Exhibits and /or Appendices
40
2. Severability
40
3. Choice of Law
40
4. Successors
40
5. Section Headings
40
6. Waiver •
41
7. Gender and Number
41
8. Liability and Indemnification
41
9. Further Actions
41
10. Incorporation by Reference
41
11. Modifications
42
Appendix 11 1" - Parking Regulations
43
Appendix "2" - Phasing Map
48
Appendix "A" - Deed Restriction
49
Appendix "B" - Affidavit
54
Appendix "C" - Compliance and Qualification Forms
55
Instructions
55
Employee's Affidavit /Certification of
Eligibility to Occupy Riverwalk at
Edwards Employee Housing Units 56
Employer's Affidavit /Verification of Employment 60
Owner's Affidavit Regarding Sale of Unit/
Certification of Listing of Riverwalk at
Edwards Employee Housing Unit 62
Owner's Affidavit Regarding Lease of Unit/
Certification of Rental of Riverwalk at
Edwards Employee Housing Unit 65
3
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THE RIVERWALR AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
I. Purpose
To provide the guidelines for a town center for the
community of Edwards, allowing for flexibility and
creativity in the design and physical arrangement of the
proposed commercial /residential uses.
Definitions
Terms used herein shall refer to definitions provided in
Section 2•.05 of the Eagle County Land Use Regulations on
the effective date of this Planned Unit Development,
unless such terms are otherwise specifically defined in
this section.
II. Defined Terms
Apartment - a room or group of rooms in a
single or multi - family structure, or located
in a retail oriented structure, which is used
as a dwelling unit.
Building Envelope - lines extended vertically
from a horizontal plane which depict the area
within which a building is to be constructed.
These lines indicate the maximum horizontal
extent allowed for the building walls, but do
not necessarily represent shape of the
exterior walls of the building.
Building Height - the distance measured
vertically, from the finished grade at any
given point to the top of. a flat roof, or
mansard roof, or to the midpoint between the
eaves line and the peak. of a gable, gambrel,
hip, shed, or similar pitched roof, and
measured to the peak of roofs which exceed a
slope of 12:24.
Condominium Unit - an individual air space
until consisting of any enclosed room or rooms
occupying all or part of a floor or floors
used for residential, business, professional,
or commercial purposes, together with the
interest in the common elements appurtenant to
that unit. .
C11 C I
Dwelling Unit - one or more rooms in a
dwelling occupied by one family living
independently of any other family, and having
not more than one indoor kitchen facility
which is limited to the use of one family.
The term Dwelling Unit shall not include
hotel, motels, clubs or boarding houses.
Family - one or more persons related by blood,
marriage, or adoption, including domestic
servants, living together in a dwelling unit
used as a single housekeeping unit; or a group
of not more than four (4) unrelated persons
living together in.a dwelling unit used as a
single family housekeeping unit.
Hotel, Lodge, and Motel - a building designed
or intended for the accommodation of tourists
or guests for compensation. Accessory uses
associated with these buildings may include
offices, laundry facilities (for the
occupants), recreation facilities, a lobby or
lounge, kitchen and dining facilities, and
similar accessory uses associated with
commercial "motel" or "lodge ".operations.
Open Space - a tract or tracts of land within
the Riverwalk P.U.D. project dedicated to
public or.private use for recreation which may
remain in its natural or undisturbed state, or
which may be landscaped and improved for such
amenities as playgrounds, parks, picnic areas,
pedestrian footpaths, bicycle paths, and view
areas.
Planned Unit Development - a zoning district,
approved by the appropriate local governmental
agencies, specific to a particular parcel of
land, and allowing such uses as residential,
commercial, business, or recreational, or any
combination of the foregoing.
Planned Unit Development Control Document - a
formal document which establishes the
permitted land uses and building restrictions
within a planned unit development.
Primary Lot Lines - plotted or parcel lines
utilized_ to compute the P.U.D. zoning
requirements. A property line cannot be
considered to be primary if it creates a
condition of non - compliance with the P.U.D.
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Public Building .- a building occupied by a
non - profit corporation or a non- profit
establishment for a public or semi- public use.
Secondary Lot Lines - secondary property lines
resubdivide a structure or structures into two
or more properties whose zone district
requirements have alr7aady been met.
III. Allowed Uses
A. Land Uses
Uses by Right
1. office space (provided all activity
is conducted within a building) for
a business or profession, including,
but not limited to, medical, legal,
architectural, engineering, dental,
accounting, and arts or crafts
offices or studios.
2. General Retail Establishments,
including, but not limited to, those
for the sale of food, beverages,
clothing, furniture, hardware,
appliances, garden supplies and
materials, and other related
businesses. -
3. General and Personal Service
Establishments including, but not
limited to banks, restaurants,
indoor theatres, art galleries,
hotels /motels,.museums, photography
studios /shops, artisans
studios /shops, florists, book
stores, bakeries, jewelry stores,
office supply stores, drug stores,
liquor stores, grocery stores,
sporting goods stores, convenience
stores, daycare facilities.
4. General Commercial Uses compatible
with the town center theme and
design architectural standards for
the project.
3
5. Sales & Rental businesses.
6. Residential Uses including
apartments, condominiums and
employee housing units.
7. Public Buildings including, but not
limited to,, a Town Hall, community
center, municipal offices, and a bus
station.
8. Indoor Recreational Facilities such
as health clubs, bath houses, and
swimming pools.
9. Outdoor Recreational Facilities such
as health clubs, bath houses, and
swimming pools.
10. Community Service Establishments
including, but not limited to,
health care clinics or facilities,
public meeting areas, libraries and
public administration offices..
11. Structures such as a clock tower, a
bell mower, and other structures
(with the capability of serving
beverages and foods) which enhance
the architectural principles of the
town center theme.
12.' Open space and landscape areas shall
be allowed amenities and features
such as observation or view
structures, gazebos, decks, and
shelters..
B. Land Use Table
Total Area = 22.455 Acres = 978,139 sq.ft.
- Commercial 256, 000 •sq. ft.
- Residential 96,000 sq. ft.
46,000 sq. ft. of which
shall be devoted to
employee units, as
otherwise described herein
4
- Flexible Space 4,000 sq. ft.
which may be devoted to
commercial or residential
space, and if commercial
with a corresponding
increase in employee
housing spaces
-Open Space 410,000 sq. ft.
- Parking 826 spaces
IV.
V.
Performance Standards
A. A Design Review Board shall be created to
review all building, landscaping or land use
activity. No building, landscaping or land
use shall occur without the express written
consent of the Design Review Board. The
issuance of a building permit by Eagle County
is not subject to Design Review Board
approval.
B. The Design Review Board has the authority to
approve changes in the overall landscape plan,
which may occur in conjunction with future
construction, however, all landscaping plans
shall be subject to County review as part of
the building permit process.
C. Building materials shall be of natural
substances which conform to the theme and
intent of the town center concept, as detailed
more specifically in the Design Review Board
Guidelines.
D. No waste' materials. of any type shall be
deposited upon a property in such a form or
manner that they may be transferred off the
property by natural causes or forces.
Parking
The applicable Eagle County land Use Regulations in
effect on the date of approval of this Planned Unit
Development shall be the minimum standard for parking
(see attached Exhibit " 1 " ) and said standards shall be
applied:
5
A. Up to 30% of the total outside parking spaces
for the overall project shall be allowed to be
of the size (9' X 18') for compact cars. This
will be prorated on a phased basis.
B. Shared parking, The total accumulated parking
requirement may be reduced by 20% due to the
mixed use and mixed impact time periods.
VI. Revegetation of Disturbed Areas
Revegetation of disturbed areas shall be required on all
lots. Topsoil shall be saved and /or protected from
erosion during construction and used for revegetation of
disturbed areas. Responsibility for revegetation shall
be that of the property owner -at the time of
disturbance.
VII. Design Review Board
A. Authority
1. The Design Review Board shall review all
building, landscaping, and land use
activity.
2. The Design Review Board shall not
unreasonably withhold approval.
3. No building, landscaping or land use
activity may occur* without express
written consent of the Design Review
Board. The issuance of a building
permit by Eagle County is not
subject to Design Review Board
approval.
B. Procedures
Construction shall not begin until Eagle
County building permits are obtained.
VIII. Lot Coverage
A. Maximum square footage of buildings allowed
over entire PUD: 50% of total PUD area (489,070
square feet).
A
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B. Maximum lot coverage of buildings allowed over
entire PUD: 50% of total PUD area (489,070
square feet).
C. Maximum impervious cover allowed over entire
PUD: 70% of total PUD area (684,700 square
feet).
D. Maximum floor area ratio allowed over entire
PUD: 0.5:1 of the net developahle land of the
total PUD area (440,200 square feet).
-- E. Covered, enclosed or otherwise-weather protected spaces
or other similar architectural features such as extended
eves, atriums, canopies, or awnings used as passageways,_
waiting areas, bus stops or, seating areas shall be
considered as impervious coverage but are exempt from
floor area limitations.'
IX. Snow Storage
An area (or areas) totaling 20% of the total surface parking
and driveway coverage is to be allotted for snow storage.
X. Setbacks
A. There shall be no standard setbacks from internal front,
rear, and side property lines. Buildings shall be
limited, however, by -the extent of the building envelopes
as shown on the approved final plat, and any subsequent
amendments thereof.
B. A zero setback provision shall be allowed between
buildings to enhance and 'emphasize the town center
concept. Subdivision and /or resubdivision, as is
applicable, shall be allowed for buildings and properties
employing the zero setback provisions. All standards and
requirements of the Uniform Building Code, the Eagle
County Building Resolution, and applicable fire codes in
effect at the time of the building permit application
shall be observed.
C. There shall be a fifty (50) foot setback from the U.S.
Highway No. 6 and the Interstate 70 Access Road right -
of -ways. There shall be a setback from the Eagle River
corresponding to the 100 Year Flood line or to a line
fifty (50) feet from the high water whichever is
greater.
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XI. Maximum Height of Buildings
A. Interpretation
C 1 1
1. Due primarily to the contour of the land which
generally slopes downward and away from Highway 6
to the Eagle River, flexibility in height and
associated design criteria is necessary.
2. If, due to variations in terrain, the height limits
are exceeded for less then 10 percent of the allowed
height in no more that 10 percent of any frontage
is shall be deemed to meet the height regulation.
3. Architectural 'or mechanical features which are
located at least 25 feet from any building edge may
exceed the height limit by a maximum of 10 feet.
Chimneys which serve operable fireplaces may be
placed at a building perimeter and must not extend
more than 10 feet above the parapet or roof line.
4. The height limits are intended to be interpreted
interactively with the design standards. Where
conflicts arise the design standards shall take
precedence.
5. Height measurement shall be calculated from finish
grade to the top of a parapet wall or to the halfway
point of a pitched roof."
B. Building Areas M,N,..& O
Maximum height 35 feet.
C. Building Areas H,I,J, & L
1.
For 70
percent
of the
South
building
frontage -
maximum
height
35 feet.
2.
For 20
percent
of the
South
building
frontage -
maximum
height
40 feet.
3.
For 10
percent
of the
South
building
frontage -
maximum
height
65 feet.
4.
For the
East & West building
frontage
- maximum
height 35 feet.
5.
For 90
percent
of the
North
building
frontage -
maximum
height
35 feet.
E:?
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6. For 10 percent of the North building frontage -
maximum height 40 feet.
D. Building Areas D,E,F, & G
1. For the South building frontage - maximum height 40
feet.
2. For 80 percent of. the South building frontage -
maximum height 35 feet.
3. For 20 percent of the South building frontage -
maximum height 40 feet.
4. For 70 percent of the North building frontage -
maximum height 45 feet.
5. For '30 percent of the North building frontage -
maximum height 55 feet.
E. Building Areas B'& C
1. For the South building frontage - maximum height 35
feet.
2. For the East & West building frontage - maximum
height 40 feet.
3. For the North building frontage - maximum height 45
feet.
F. Building Area A
1. For the South building frontage - maximum height 35
feet.
2. For the East,. North & West building frontage -
maximum height 55 feet.
G. Riverfront Park
Maximum building height - 25 feet.
XII. Open Space
A. Open Space shall consist of areas designated as such on
the final plat, and areas outside of the building
envelopes, excluding drives, walks, and parking areas.
a
XIII.
F:�1il
XV.
B. All Open Space area shall be considered public unless
designated otherwise on the final plat or on subsequent
amendments.
C. Maintenance of the Open Space shall initially be the
responsibility of the Riverwalk Property Owner's
Association. Future designations of all or portions of
the Open Space for uses such as a bike path or scenic
river corridor may require release of dedication of such
areas to appropriate public entities. It shall be the
Association's responsibility to provide for .adequate
insurance coverage in the event of potential injury or
damages incurred by the public, employees or owners while
crossing the Open Space area.
D. Costs for the maintenance of Open Space shall be prorated
equally among all property owners based on the percentage
of project ownership, excluding the Open Space areas.
Vehicles
No campers, boats, trailers, snowmobiles, or other such
recreational vehicles or devices shall be stored on the site
unless permitted by the regulations of the property owner or
homeowners' association. Vehicles and trailers related to the
construction of a particular phase or building within the
project boundary shall be allowed on a temporary basis. These
construction vehicles and trailers shall be removed from the
site within thirty days of completion of the subject building.
Animals
The Animal Control Regulations in effect for Eagle County
shall govern the control of domestic animals for the project.
S igns
Comprehensive Sign Plan
The comprehensive sign plan as described in the Eagle County
Land Use Regulations will be accomplished in two steps. Step
one will address the complete site* as described in this
Preliminary Plan; while the second Step will conform to the
boundaries of each phase as approved in the Preliminary Plan
and fulfill requirements of the Comprehensive Sign Plan.
10
PIM
B.
Goals
1. To provide adequate visual notice for products,
businesses and associated activities for the
project..
2. To assure that all signs are carefully controlled
to avoid distractive, garish or offensive signs.
3. To assure that all signs are designed and
constructed in a manner appropriate to and
consistent with the historic style architecture of
the project.
Definitions
1. Building Front - building vertical surface,
facade or series of connected elements such as
porches which are oriented to or generally parallel
to a public street, parking lot, walkway, or
exterior passageway.
2. Comprehensive Sign* Plan A plan indicating the
size, height, `<waxt, color and location of the signs
that each bu ness will be allowed to display;
including directory signs, plaza signs, building
identification signs and any informational signs and
displays. A sign application for any single sign
in a multi -use building or -lot must conform to the
approved comprehensive sign plan for that building
or lot (i.e., c-olor, location, material, etc.)
3. Construct "on Sign - A temporary sign identifying a
subdivision, development or property improvement by
a builder, contractor, or other person furnishing
materials, labor., or services to the premises.
4. Design Review Authority - A formally established
entity which has full and final approval authority
for all sign matters provided the standards set
forth in P.U.D. Control Document.
5. Directional Sign - Any sign on the lot that directs
the movement or placement of pedestrian or vehicular
traffic with or without reference to, or inclusion
of, the name of the product sold or service
performed on the lot or in a building, strudture or
business enterprise occupying the same.
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6. Entrance Sign - One (10 sign for each of the three
project entrances shall be allowed identifying the
project or individual businesses within the business
center, provided that the total sign area does not
exceed forty (40) square feet nor ten (10) feet in
height. the plaza sign shall not be included in the
total sign area allowed and shall not be required
to meet the height /setback calculation, provided
that the sign is neither located within an
intersection clear zone nor impeded drainage.
7. Frontage Measurement - 'Building front shall be
measured along the finish grade for sign allowance
calculation purposes.
8. Identification Signs - a sign with an artificial
light source incorporated internally or externally
for the purpose o illuminating the sign.
10. Major Business - A under a single ownership
which contains 20,000 square feet or more of floor
area. Ownership refers to the business not for the
building.
11. Projecting Sign - any sign which is attached to and
is generally perpendicular to a building.
12. Residential Building, Lot or Occupant Identification
Sign - A sign containing no commercial information,
identifying the owner or occupant of a dwelling
unit, which is devoted primarily to residential use.
13. Theater or Special Business Sign - An enclosed or
glassed -in case used for. changeable displays such
as movie posters,.restaurant menus or special sale
items..
14. Sign - Any letters, figures, design, symbol,
trademark, illuminating device or other device
intended to attract attention to any place, subject,
person, firm, corporation, public performance,
article, machine or merchandise whatsoever, and
painted, printed, constructed or displayed in any
manner whatsoever.
15. Sign Height - The vertical distance from the average
finished grade below the sign (excluding berming)
to the highest point on the sign structure.
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16. Temporary Sign -.A sign which relates to -a single
event erected not more than thirty (30) days prior
to the event to which it relates, such as a farm
auction, sale of agricultural products, ad bona fide
grand openings. A sign shall be considered
temporary if displayed for less than thirty (30)
days in a ninety (90) day period.
17. Window Sign - sign which is affixed or attached
to, or located within thirty six (36) inches of the
interior of a window and which sign can be seen
through the window from the exterior of the
structure.
C. Permitted Signs
1. Outward signs - Signs oriented to the Riverwalk
exterior property boundaries. Each building or
group of buildings oriented to the exterior property
boundary shall be allowed one (1) square foot of
sign area per lineal foot of building front for the
first thirty -two (32) feet and on third (1 /3) of a
square foot of sign area per lineal foot of building
front in excess of thirty (32) feet up to a maximum
of sixty -four (64) square feet, per building front.
EAch individual business within the business center
shall be allowed twenty (20) square feet of sign
area in addition to that permitted above. This
total sign area allowance may be allocated to one
or more signs of any permitted type. Allocation of
total aggregate sign area to individual businesses
or tenants is not a function of this regulation,
but shall be the responsibility of the property
owner or authorized agent or Design Review
Authority.
2. Inward Signs - Signs oriented to interior, lot lines,
walkways, passageways, parking lots, or
building facades.
Each building or group of buildings is allowed a
maximum of four signs per major business. This may
be any combination of surface mounted, projecting,
free standing or window signs. Maximum size allowed
is a total which may be allocated by the business
under the following conditions:
a. For each business of less than 20,000 square
feet, a maximum of thirty -two (32) square feel
is allowed which may be distributed in up to
three (3) separate signs.
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b. For a business utilizing a gross area. of 20, 000
square feet, the permitted sign area is forty
(40) square.feet.
C. For a business utilizing a gross area of 40,000
square feet, the permitted sign area is sixty
(60) square feet.
d. For a business utilizing a gross area of 60,000
square. feet or more, the sign area
is eighty (80 square feet.
e. The total_ sign area allowance may be allocated
to one or more signs of any permitted type.
f. Sign types: construction, directional,
identification, illuminated, projectory,
temporary and window signs.
D. Prohibited Signs Except as otherwise permitted above
no free standing signs are permitted.
E. Signs Exempt. from Administration - The following signs
are allowed but are not subject to the Comprehensive Sign
Plan or sign permits.
1. All signs, whether permanent or temporary, which do
not exceed six (6) square feet in sign area and
provided that such signs do not exceed one (1) in
number per individual business, parcel, lot, or
group of contiguous lots under one ownership.
2. Signs required or specifically authorized for a
public purpose by any law.
3. Public notices or sings relating to an emergency.
4. Signs erected in public rights -of -way by a local,
state or federal governmental agency controlling or
directing traffic. -
5. All information signs on public property provided
that such signs are related to use of the property
and are erected and maintained by the land
management agency.
6. Official government notices and notices posted by
governmental officers in* the performance of their
duties to provide warning, necessary information,
direction or other regulated purposes.
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7. Temporary or permanent signs erected by a public
utility company or construction company to warn of
dangerous or hazardous conditions.
8. Temporary signs such as pennants or banners for a
special civic event. Such displays may be erected
three (3) weeks prior to the opening of the event
and shall be removed one (1) week after completion
of the activity.
9. Memorial tablets or commemorative plaques installed
by an historical agency, including cornerstones for
buildings.
10. Decorations, clearly incidental and customary and
commonly associated with any national, local or
religious holiday.
11. Any signs permanently affixed to a truck, train,
automobile, airplane or other vehicle that is in
working condition and is not placed in a specific
location for the purpose of evading these sign
regulations.
12. Flags of any state, nation, government or any other
flag not specifically used for advertising purposes.
Each flag may not exceed sixty four (64 square fcet
in size. Flags must be limited in number to be
appropriate for display, not for advertising •
13. Works of fine art, which are displayed and offered
for sale, may have sale or price signs of an
appropriate size.
14. Any religious emblem or insignia.
15. Mail box or house-numbers.
16. Residential. Building, lot or occupant
identification.
17. Vehicular traffic, bicycle a pedestrian control
signs.
18. Directional signs shall be allowed, provided that
the total sign area of each sign does not exceed
six (6) square feet nor ten (10) feet in height.
Directional signs shall not be included in the total
sign area allowed per individual business or lot,
or per shopping center, business,`commercial or'
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industrial park, and shall not be required to meet
the height /setback calculation, provided that the
signs neither impair visibility for traffic movement
nor impede drainage.
19. One (1) temporary sign per business shall be
allowed, provided that the total sign area does not
exceed thirty -two (32) square feet. This temporary
sign shall not be included in the total sign area
allowed for each business.
20. One (1) temporary for sale, for rent or for lease
sign per business shall be allowed, provided that
the total sign area of each sign does not- exceed
sixteen (16) square feet in sign area. Said sign
must be removed within thirty (30) days of
completion of the sale; rent or lease of the
business. This temporary sign shall not be included
in the total sign area allowed for each business.
21. Temporary for sale, for rent or lease signs
advertising vacant land provided that the total sign
area of all such signs shall not exceed sixteen (16 )
square feet be limited to one sign per parcel.
Said sign must be removed within thirty (30) days
of completions of the land sale. These temporary
signs shall not be included in the total sign area
allowed for each business.
22. One (1) construction sign for each construction
project not to _ exceed thirty -two (32) square feet
in sign area. Two (2) individual tradesmen may
display separate signs not to exceed sixteen (16)
square feet each in addition to the thirty -two (32)
square foot construction sign. Such signs may be
erected ten (10) days prior to beginning
construction and shall be removed after six (6)
months or completion of construction whichever is
greater. Construction signs shall not be included
in the total sign area allowed for each business.
23. Window signs are permitted provided that no more
than twenty -five ( 25 ) percent of the exterior window
area, per street frontage, is covered by signs.
Window signs shall not be included in the total sign
are allowed.
24. Theater or Special Business signs not exceeding
three (3) feet by four.(4) feet in size and not to
exceed two (2) signs on the entrance frontage and
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one sign per frontage for the remaining sides.
These signs are in addition to other permitted signs
and shall not be included in the sign area
allocation.
F. Procedure
1. The standards described and controlled by this
P.U.D. control Document, are the sign
.regulations specific to Riverwalk and where
conflicts with the. Eagle County land - Use
Regulations occur on this document supersedes.
2. Along with applications for approval of
subsequent phases, a Comprehensive sign plan
must be submitted as a part of the. phasing
plan.
3. One sign permit may be issued for each phase
which may account for all ,signs in that phase.
4. The Comprehensive Sign Plan may be amended at
the issuance of individual building permits
provided that the amended plan does not violate
the standards set forth in this document.
XVI. Further Subdivision
By virtue of the Riverwalk at Edwards Final Plat subdivision,
a "primary lot line" 'is created and may be further subdivided
or condominiumized in such a manner to create "secondary lot
lines ": which may not comply with the P.U.D. requirements for
open space, setbacks, lot coverage, impervious materials,
parking or floor area ratio.
Any resubdivision must demonstrate:
A. The lot or structure or structures to be resubdivided
meet (s) the P.U.D. requirements of the primary lot.
B. The resubdivision provides a common area agreement in
addition to the protective covenants, declarations, party
wall agreement or other restrictions placed on the
subdivision. The agreement shall include the percentage
of undivided interest in the common area and
infrastructure as- well as the responsibilities for
maintenance.
C. Compliance with all relevant Building Codes.
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XVII. Wood Burning
The Wood Burning controls in effect as part of the Eagle
County Land Use Regulations' shall govern the use of wood
burning devices within the Riverwalk at Edwards Planned Unit
,Development.
XVIII. Phasing
All facilities which serve any development phase and which
extend beyond-the boundary of that phase (such as drainage .
structures or utilities) must be.included in the required
construction and engineering drawings for that phase (see
attached Exhibit "2 ").
XIX. Specific Design Controls
A. Freestanding Buildings'
(building areas M,N, & 0)
1. All sides must be finished in a
manner similar to and consistent
with the principal front.
2. Architectural details must vary the
height for at least 10% of any
building facade.
3. Exterior materials and textures must
be varied to be both consistent with
the design theme and to eliminate
uniform planer facades.
4: At least 20% of. the surface of any
facade must be either recessed or
projected outward a minimum of 2
feet.
B. Individual Buildings or Groupings of Buildings
which have a side or front on to Main Street
(building areas B through L).
1. Shift vertical or horizontal
alignment of walls. Structures
greater than 120 feet in length will
provide a shift in wall alignment so
that no greater than 75% of the
length of the building facade
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appears unbroken. Each shift shall
be either a 5 foot change in
building facade alignment or 5 foot
change in roof line height or a
combination change in wall alignment
and roof line totalling 5 feet.
2. Structures exceeding 160 foot
horizontal section, the exterior
wall contains windows or variations.
such as store fronts, cantilever,
structural or architectural
protrusions or other similar changes
of a minimum of_ 3 feet, no change in
direction shall be required.
3. 'For low rise buildings of single
story: A variation must occur in
plan view (horizontal along the
exterior wall) at least once every
160 feet. Each variation shall be
for a minimum length of 10 feet and
a minimum of 3 feet, no change in
direction shall be required.
If within any given 160 foot
horizontal section, the exterior
wall contains windows or•variations
such as store fronts, cantilever,
structural or architectural
protrusions or other similar changes
of a minimum of 3 feet, no change in
direction shall be'required.
4. For multistory buildings with less
that 51% of the total floor area on
the ground floor and the remaining
floor area on floors above the
ground floor: A variation must
occur in plain view (horizontal
along exterior wall ) at least once
every 150 feet.- Each variation
shall be for a minimum length of 5
feet and a minimum change of a
minimum of 3 feet occur, no change
of direction as described above
shall apply.
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5. Use materials, textures, colors, and
patterns on commercial building
elevations facing and visible from
adjoining residential areas that are
similar to the fronts of commercial
buildings. Building elevations that
face existing residential areas must
have a minimum of 25% coverage of
the visible portion of the facade by
the same building finish materials
that are used on the fronts on the
buildings. Repeat the use of
building materials. Use established
facade materials as the dominant
material in new buildings.
Aligrr buildings along streets in old
town areas. Use buildings envelopes
with a variation module for building
entrances, windows and other
structural projections, for use as
sidewalk extension areas, and small
plazas or exterior corridors.
6. Glass Elements
a. Avoid the use of highly reflective
(i.e., mirrored) and highly tinted
windows. Reflective and highly
tinted glass is limited to 10% of
the building surface and used only
for special detailing effect.
b. Add variation in storefronts in
alignment and architectural
detailing.
C. Place, size, and shape openings that
are consistent with other design
elements. Exterior doors on public
frontages should be consistent with
other facade elements in design
character and materials.
d. Emphasize all entries by using
signs, awnings, changes in pavement
materials, landscaping, and
recesses.
e. Use window openings which show the
distinction between the uses which
occur within the building.
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f. Design windows with reveals to add
depth and a three dimensional
component. Design headers and sills
of openings integrally with the
wall.
g. Use light reflectance, absorption,
and light emittence at night, to
help determine opening selection.
7. Roof Treatment
a. Keep visible portions of roof free
of equipment. Locate in less
visible areas.
b. Screen with parapets or
architectural details.
C. Consolidate equipment that protrudes
to reduce clutter.
d. Paint with similar or same color
and /or materials as structure or
roof. All 'equipment will be the
same or similar color hue and value
of the surrounding roof structure.
8. Lighting
a. Limit the number of light sources.
Use. a number of low intensity
sources close to the area to be lit
rather than one remote, intense
single source.
1)• Use•no more than on light pole
for every 10 parking spaces across
parking areas.
2) Use no more than one light pole
for every 25' of lineal distance
along sidewalks and trails unless
deemed critical for safety. Ballard
type lights less than. 4' in height
are encouraged.
b. Limit the height of light fixtures.
1) Limit height to 18' within
parking lot areas.
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2 ) Limit height limit to 12' along
pedestrian paths.
C. Limit the "throw" of light sources.
1) Light patterns will not overlap
except where needed for security
purposes.
2) Use directional heads, shields
and fixture cutoffs.
3) Encourage use of lights
attached to buildings or building
projections.
9. Special Features
a. Encourage use of awnings and canopies at
building entrances.
b. Encourage covered or partially covered
public use passageways between structures
as designed on the plan.
C. Minimum Passageway Requirements
1) Along the south side of Main
Street, at least two passageways
must be provided (building areas
I,J,K,L & M).
2) Along the northeast sides of
Main Street, at least four public
use passageways must be provided
(building areas B,C,D,E,F,G & H).
C. Hotel Site (building area A).
1. All sides of the. building must be
finished with materials similar to
or compatible with the building
front.
2. A portico, porte cochere or similar
significant project at the principal
building entrance should be
provided.
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3. The building may have a flat roof
with a uniform elevation at the
building line only if a parapet or
similar feature is provided.
D. Minimum Landscape Standards.
1. Development Areas (parking lot
perimeters, parking lots islands and
planters along buildings, sidewalks
and streets.)
a. Project Frontage (Highway 6 and I -70
Spur Road)
1) Minimum safe site distance must
be maintained.
2) In all landscape perimeter
areas which project into the parking
lot special standards apply.
a) In projections of 20 feet X
less. than 21 feet one tree at least
3" caliper is required.
b) In landscape projections of 20
feet X 21 Feet or greater, one tree
at least 3" caliper for every 12
linear feet is required.
b. In the linear landscape area and within
the landscaped projections the ground surfaces
must be fully landscaped using a variety of
the following plant materials list:
Trees: Quaking Aspens, Cottonless
Cottonwood, Green Ash, Marshall's
Seedless Ash, Mountain Ash,
Flowering Crab Apple, Norway Maples,
Colorado Blue Spruce, Honeylocust.
Shrubs (5 Gallon Size): Potentilla,
Currant, Lilac, Juniper, Rose,
Serviceberry, Cottoneaster,
Barberry, Purple Leafed Sand Cherry.
Ground Cover: Fescues, Bluegrass,
and Rye Grass, Siberian Wheatgrass.
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2. Parking lot islands, sidewalk areas,
building perimeters.
a. Each island with an area
greater than 300 square feet must
have at least* one approved tree of
at least 3 caliper.
b. For islands greater than 300
square feet one tree of at least a
3" caliper is required. .
C. At the corners of intersection
sidewalks where there is at least
300 square feet of landscape area
one tree-of at least 3" caliper is
required.
d. Landscape areas along building
perimeters must be fully planted.
Approved trees, shrubs, grasses or
flower gardens are Size
of the landscape area will determine
appropriate amount of plant
material.
3. Main street and passage areas.
a. Principle landscape' will
consist of flowers and ground cover
in planter islands, boxes, pots or
hanging baskets.
b. Trees may be placed in areas
where circulation and a site
distance is not impaired.
C. Public seating, benches and
chairs will be provided.
d. Shelters, gazeboes, awnings,
arcades, and tents, etc. are
permitted.
4. Riverfront Park Area
a. To the maximum extent possible
existing trees and shrubs will be
preserved.
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h. Where deemed appropriate
additional planting of like species
will be made.
C. Decks, gazebos, shelters,
tents, etc. will be provided.
d. Bike and pedestrian paths are
permitted.
e. In all areas disturbed by
construction, the site will be
promptly re- vegetated similar to the
existing conditions.
f. Drainage, erosion control and
run point source discharge features
are permitted.
XX.
Employee Housing Program
A. Establishment, Goals and Objectives.
An Employee Housing Program for the Riverwalk at Edwards
Planned Unit Development is hereby established, with
goals to:
1. Create a supply of affordable dwelling
units available for occupancy by Qualified
Riverwalk and Eagle Employees; and
2. Ensure the long term availability of the
units to Qualified Riverwalk and Eagle County
Employees; and
3. Provide for an integrated community
within the Riverwalk Planned Unit Development;
and
4. Allow for customary free market practices
to influence the sale and rental of the
designated employee housing units.
B. Definitions Specific to the Employee Housing Program.
1. "Board" and "Board of County
Commissioners" shall mean the duly elected
commissioners of Eagle County.
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2. "Deed Restriction" shall mean that
certain restriction on the deeds of Employee
Housing Units, as set. forth in Section XXI
hereof.
3. "Eagle County" and "County" shall mean
that political subdivision of the State of
Colorado.
4. "Employee Housing Affidavit" shall mean
the affidavit in substantially the form set
forth in Appendix "B" hereto.
5. "Employee Housing•Program" shall mean
that program for the creation and
implementation of employee housing, as set
forth in Sections XX, XXI and XXII hereof.
6. "Employee Housing Space" shall mean the
portion of a Dwelling Unit, as defined by the
Eagle County Land Use Regulations, which
provides living accommodations for one person.
This includes either. individual areas or
shared group areas which consist of a kitchen,
bathroom and a bedroom or other living area.
7. "Employer" shall mean an individual or
business entity who owns a business or
commercial establishment in Riverwalk or
elsewhere in Eagle County who employs persons
in the conduct of that establishment.
8. "Owner" shall mean anyone holding fee
title to a Unit.
9. "Project Developer" shall mean a person,
group, organization, agency or other entity
holding fee title to Riverwalk, or any part
thereof, for the purposes of development
thereof by construction'of commercial and /or
residential improvements.
10. "Property" shall mean the Units subject
to the Employee Housing Deed Restriction.
11. "Qualified Employee" shall mean a person
who (a) has earned a living primarily in Eagle
County by having worked an average of at least
thirty (30) hours per week for at least eight
(8) months in the previous twelve (12) months
and maintains his Residence in Eagle County;
26
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or (b) has been hired for a job in Eagle
County on a permanent basis (meaning that
there is an expectation that• the employment
will continue for a period of at least six (6)
months although it may be. "at will"
employment) to work at least thirty (30) hours
per week,.which employment will be his primary
source of income, and will maintain his
Residence in Eagle County upon commencing the
job; or (c) is over the age of sixty (60) and
has earned a living primarily in Eagle County
by having worked an average of at least thirty
(30) hours per week for the previous five
years.
Notwithstanding the generality of the
foregoing, the term "Qualified Employee"
excludes any person otherwise meeting the
criteria of a Qualified Employee if such
person or any member of his immediate
household, owns, directly or indirectly, a
habitable dwelling unit located elsewhere in
Eagle County, unless said dwelling unit is
currently listed for sale and. has been
continuously listed for sale for not more than
four (4) months. This exclusion includes
partial or full ownership in a.corporation,
and partial or full beneficial interest in a
trust, established for the purpose of evading
this provision or to provide beneficial
interest sufficient to permit use and
occupancy by the owner or part owner. This
exclusion also includes partial ownership
where the remainder is owned, legally or
equitably, by any member of his immediate
household.
Eagle County shall determine whether a person
meets the definition of a Qualified Employee,
which shall be based on criteria including, but
not limited to, percent of income earned within
Eagle County, place of voter registration,
place of automobile registration, driver's
license address, or income tax records.
Evidence of Qualified Employee status under (b)
shall be supplied by at least the affidavit of
the Employer and of the person. Evidence of
Qualified Employee status under (a) and (c)
will be supplied by at least the affidavit of
the person together with the associated
documents.
27
Furthermore, "Qualified Employee" shall mean
a person who has been determined to be
eligible for Residency in a Unit.
In the final determination of whether a person
meets the definition of a Qualified Employee,
as set forth herein, Eagle County shall
consider the criteria cumulatively as they
relate to the intent and purpose of the Deed
Restriction.
12. "Qualification Package" shall mean the
assemblage of documents necessary for
submittal to Eagle County providing proof of
the Owner's, purchaser's or tenant's status as
a Qualified Employee or Employer and /or of
compliance with the sale /lease listing
priorities provided herein. The Qualification
Package is as set forth in Appendix C hereto
or as may be changed in the sole discretion of
Eagle County, exercised in accordance with the
intent and purpose of the Employee Housing
Program.
13. "Residence" or "Residency" shall mean the
primary place of abode of a person, meaning
that home or place of abode in which a
person's habitation is fixed and to which he
or she, whenever absent, has the present
intention of returning after a departure or
absence therefrom, regardless of the duration
of such absence. Furthermore., a Residence is
a permanent building or part thereof.
In determining what is the principal or
primary place of abode of a person the
following circumstances relating to such
person may be taken into account: Business
pursuits, employment, income sources.,
residence for income or tax purposes, age,
marital status, residence of parents, spouse
and children, leaseholds, situs of personal or
real property, voting registration and motor
vehicle registration.
14. " Riverwalk" shall mean the Riverwalk at
Edwards Planned Unit Development.
15. " Riverwalk at Edwards Planned Unit
Development Control Document, as amended"
shall mean this document, in its entirety.
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16. " Riverwalk Employee" shall mean any
person who meets the definition of Qualified
Employee ao provided herein, except that such
person sh 11 work a minimum of twenty (20)
hours a weer as either an employee or owner of
a business establishment located within
Riverwalk. Evidence of Qualified Employee
status under this definition shall be as
stated in the definition of Qualified Employee
as provided herein. This definition is
provided as a means to determine who has
priority to lease. or purchase units within
Riverwalk; persons who end their employment
status under this definition may still
maintain their occupancy of the Unit as long
as such person continues to meet the
definition of Qualified Employee.
17. "Unit" shall mean a Dwelling Unit
specifically identified for Employee Housing
by recordation of the Deed Restriction with
respect to it.
C. Number of Employee Housing Spaces. Riverwalk
shall provide, in Riverwalk, dwelling units
with one hundred and fifty (150) Employee
Housing Spaces.
D. Use and Occupancy of Employee Housing Units.
Use and occupancy of Employee Housing Units is
restricted, as otherwise set forth he -ein, to
Qualified Employees.
E. Credits for Employee Housing Spaces.
1. For any.Employee Housing Space credit,
the Unit must have:
a. Gas thermostat- controlled heat;
b. Maximum square footage useable area
as follows (except in Building M):
Studio 700 Square Feet
1 Bedroom 800 Square Feet
2 Bedroom 900 Square Feet
3 Bedroom 1000 Square Feet.
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Credit will be given to a Unit
otherwise meeting the credit
criteria if the size- of its
total useable area does not
exceed 110% of the maximum set
forth above.-
c. Notwithstanding the size limitations
otherwise applicable to Units,
credit for Employee Housing Spaces
will be given for Units constructed
in Building M.of Riverwalk the size
of which exceed nine hundred square
feet of useable living area for a
two bedroom Unit or eight hundred
square feet of useable living area
for a one bedroom Unit.
F .
2. The following credits
to the following sized Unit s
of assigning the number of
Spaces per Unit:
Studio
One bedroom
Two and Three bedroom
shall be assigned
for the purposes
Employee Housing
One (1) credit
Two (2) credits
Three (3) credits
3. No credit(s) shall appertain to any Unit
until the Deed Restriction with respect to it
has been filed with the Eagle County Clerk and
Recorder. The* Deed Restriction must be
recorded before the sale, conveyance, lease,
transfer or occupancy of a Unit.
Housing Program.
4. The Units shall aggregate a maximum of
110% of 46,000 square feet in total living
area. It is the intention of this provision
to maintain reasonable sizes of each Unit so
as to encourage the goals of this Employee
Enforcement of Compliance in Creation of
Employee Housing Units and Credits.
1. Upon application for any permit
required by the Eagle County
Building Resolution, or its
successor, for each, building. in
Riverwalk, the Project Developer
must submit a status report on the
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Employee Housing Program. At a
minimum, provision for development
and construction of Employee Housing
Spaces in accordance with the
following schedule is required:
Comm. Dev. Completed Employee Spaces (# of Spaces) Completed
Thirty Five Percent Twenty Percent (30)
Fifty Percent Thirty Five Percent
Seventy Five Percent Fifty Percent (75)
Ninety Percent Seventy Five Percent (112.5)
One Hundred Percent One Hundred Percent (150)
2. The Project.Developer may construct
Employee Housing Spaces in advance
of the above minimums, with full
credit being given in accord with
this Section.
3. No permit shall be issued for
construction of any building until
there is compliance, proven to the
satisfaction of Eagle County, with
the minimums set forth in
subparagraph (1) , above, which shall
include designation on the building
plans, at the time of submittal
thereof , of the number of Employee
Housing Spaces which . will be
constructed and the number of
Employee Housing Spaces which have
already been designated by the
recordation of the Deed Restriction.
4. No approval for a Condominium Map,
amended plat or other subdivision
shall be given while Employee
Housing Spaces must be constructed
in order to be in' compliance with
the minimums set forth in
subparagraph (1),. above, until the
corresponding Deed Restrictions have
been prepared for recording
contemporaneously with the approval
and recording of the applicable
Condominium Map, amended plat or
other subdivision..
31
XXI. Employee Housing Deed Restriction
A Deed Restriction shall be imposed on each Unit of the
residential real property designated as "Employee Housing
Units" in accordance herewith. The provisions of the
Deed Restriction are considered material to the Employee
Housing Program.
A. Deed Restriction.
A.Deed Restriction in the form attached hereto as
Appendix "A", or such other form containing the same
covenants and restrictions as may be adopted by or
approved by the Board, referred to as the "Deed
Restriction", shall be recorded in the office of the
Clerk and Recorder. of Eagle County for each Unit
designated as an Employee Housing Unit.
B. Limitation on Amendments to Employee Housing Deed
Restriction.
Although the Riverwalk at Edwards Planned Unit
Development Control Document may be amended
from time to time, the certain Deed
Restriction recorded against a particular Unit
may not be amended without the consent of the
Owner and the Board.
XXII. Guidelines and General Rules and Regulations
Governing "Employee- Housing" in the Riverwalk
at Edwards Development
A. Administration
1. Eagle County, upon proper application of
the Project Developer or any Owner, may adopt
less restrictive guidelines than those that
follow in this Section XXII. to address
extenuating circumstances as necessary to
achieve the purpose of the Employee Housing
Program.
2. The Project Developer reserves the right
to create, institute and administer
procedures related to compliance with the
provisions of these Section XX, XXI and XXII
as long as such processes are in accordance
with the.Eagle County Land Use Regulations and
this document, to effectuate the purpose and
32
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intent of these Sections XX and XXII, where
such procedures do not impair Eagle County's,
the Owner's, or a Unit occupant's rights under
said Sections or the Deed Restriction.
3. The terms of this Section shall constitute
covenants running with the Units, as a burden
thereon, for the benefit of-Eagle County and
shall be enforceable by the Board or its
designee by any appropriate equitable or legal
action, including but not limited to specific
performance, injunction, or forcible entry and
detainer or by any other remedy provided in
the Deed Restriction, this Section XXII, the
Eagle County Land Use Regulations as amended
from time -to -time, or by law.
B. Ownership, Use and Occupancy Restrictions.
1. It is the intent of the Employee Housing
Program that Qualified Employees of Riverwalk
and Riverwalk Employers shall-have a priority
in the purchase of Units. It also is the
intent that Qualified Riverwalk Employees will
have a priority in occupying Units under
lease.
2. The use and occupancy of Units shall be
limited exclusively to Qualified Employees and
the family members and dependents residing
with them, as determined by Eagle County.
3. A Unit shall not be sold, conveyed,
leased, transferred or occupied until the
proposed Owner or occupant has qualified
pursuant to the terms hereof.
4. A Unit shall be the Residence of the
occupying Qualified Employee.
5. An Owner need not be a Qualified Employee
if his Unit is sold in accordance with Section
D hereof, but an Owner cannot occupy his Unit
unless he is a Qualified Employee or a family
member or dependent of a Qualified Employee
with whom he resides.
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C. Procedure to Qualify to Purchase or Occupy
Employee Units.
1. Before selling, conveying or otherwise
transferring a fee interest in a Unit, the
Owner shall demonstrate to Eagle County that
he has complied with Section D hereof. The
Owner shall submit to County a Qualification
Package together with the applicable
processing fee established by the County.
Eagle County's written acceptance of the
transfer shall be deemed conclusive of such
compliance. If Eagle County fails to accept
or reject a Qualification Package within seven
(7) business days of receipt thereof, the
proposed transfer shall be deemed accepted.
2: Before leasing or permitting the
occupancy of a Unit, in whole or in part, the
Owner or sublessor, as applicable, shall
demonstrate to Eagle County that he has
complied with Sections D and E'hereof. The
Owner or sublessor, as applicable, shall
submit to Eagle County a Qualification Package
together with the applicable processing fee
established by the County. Eagle County's
written acceptance of the occupancy shall be
deemed conclusive of such compliance. If
Eagle County fails to accept or reject a
Qualification Package within seven (7)
business days of receipt thereof, the proposed
occupancy shall be deemed accepted.
3. It is recognized that it is in the
Owners' best interests to carefully evaluate
prospective transferees and occupants for
qualification; that such evaluations will
expedite Eagle County's review of
Qualification Packages, and that someone who
regularly does such evaluations may be able to
most effectively and efficiently conduct them.
Therefore, Project Developer reserves for
itself and for any.homeowners' association(s)
of Riverwalk owners the right -to establish
procedures requiring that it receive and /or
review Qualification Packages before they are
submitted to Eagle County, and /or to act as a
clearinghouse to receive, review and submit
same to Eagle County, provided that any
decision on qualification it makes is not
34
binding on Eagle County and provided that an
Owner or sublessor whose Qualification Package
is rejected by the Project Developer may
thereafter submit the Qualification Package
directly to Eagle County. The time within
which Eagle County may make its determination
shall not be affected by the existence or use
of such procedures.
D. Sale of Employee Housing Units.
1. An Owner may sell his Unit himself or list
and sell the Unit through a real estate broker
licensed in the State of Colorado. The Owner
or broker shall promptly advertise the Unit for
sale to Qualified Employees or Employers in
accord with the terms hereof.
2. If an Owner proposes to sell the Unit, for
the first thirty (30) days the Unit is listed
for sale it shall be made available only to
Qualified Riverwalk Employees and Employers
conducting a business or commercial
establishment at Riverwalk. During this period
the Owner may not receive or accept, even
conditionally, an offer from someone other than
a Qualified Riverwalk Employee or Riverwalk
Employer.
3. If no offer to purchase is made within
thirty (30) days by any Qualified Riverwalk
Employee'or Riverwalk Employer, the Owner may
open the listing to any Qualified Eagle County
Employee or Eagle County Employer. During the
time of this listing, the Owner may not
receive 'or accept; even conditionally, an
offer from someone other than a Qualified
Eagle County Employee or Eagle County
Employer.
4. After one hundred and twenty (120) days,
the Property may be sold to any person or
entity, subject to the use and occupancy
restrictions set forth herein.
5. If the listing price is reduced, directly
or indirectly, or the terms of the listing are
changed to - ibe more favorable for a potential
buyer, the 1:isting shall again be restricted
giving priority to Qualified Riverwalk
35
Employees and Riverwalk Employers and then to
Qualified Eagle County Employees and Eagle
County Employers for the time periods and
pursuant to the terms and conditions set forth
herein.
6. If, during the period of unrestricted
listing, the Owner receives an offer from
someone other than a Qualified Employee or
Employer at terms different from those most
recently listed in a listing restricted to
Qualified Employees and. Employers, those terms
shall be offered to Qualified Employees for a
period of seven (7) business days. It is the
intent of this paragraph to grant Qualified
Employees a right of first refusal.
7. The time periods. described herein shall
begin from the first date of publication of
the listing in each of a newspaper of local
circulation, and, with respect to listing
periods restricted to Qualified Riverwalk
Employees and Employers, flyer distribution.
8. If, during the course of a listing, the
advertising type and /or frequency increases
(in the sense of being directed to
significantly improve the noticeability,
attractiveness, or awareness level), the
restriction periods shall begin anew as if it
were an original listing.
9. For periods when listing is restricted to
Qualified Riverwalk Employees and Riverwalk
Employers, in addition to other advertising,
the Unit will be advertised by flyers
distributed to Riverwalk businesses, and
residences, and posted in any available public
notice boards in Riverwalk.
10. An Owner shall occupy or rent a Unit only
in accordance with these Sections XX, XXI and
XXII, and shall not allow it to be used,
occupied, sold, leased, or otherwise
transferred except as permitted by these
Sections XX, XXI and XXII, applicable zoning
and the Deed Restriction.
36
E. Occupancy of Employee Housing Units.
1. An Owner may lease his Unit himself,
through a real estate broker licensed in the
State of Colorado, or through a management
company. The Owner shall promptly advertise
the Unit for rent to Qualified. Employees in
accord with terms hereof..
2. An Owner who is a Qualified Employee, or
who is a family member or dependent of a
Qualified Employee with whom he resides, may
occupy his Unit without listing it for lease,
for as long as he so qualifies.
3. If an Owner proposes to lease his Unit,
for the first thirty (30) days the Unit is
listed for rental it shall be made available
only to Qualified Employees employed at
Riverwalk'. During this period the Owner may
not receive or accept, even conditionally, an
offer from someone other, than a Qualified
Riverwalk Employee.
4. If no offer to lease is made within
thirty (30) days by any Qualified Riverwalk
Employee, the Owner may open the listing to
any Qualified Eagle County Employee. During
the time of this listing, the Owner may not
receive or accept, even conditionally, an
offer from someone other than a Qualified
Eagle County Employee..
5. If the listing rental rate is reduced,
directly or indirectly, or the terms of the
listing are changed to be more favorable for
a potential tenant, the listing shall again be
restricted to Qualified Riverwalk Employees
for the time period and pursuant to the terms
and conditions set forth herein.
6. The time periods described herein shall
begin from the first date of publication of
the listing in each of a newspaper of local
circulation, and, with respect to listing
periods restricted to Qualified Riverwalk
Employees, flyer distribution.
7. If,-during the course of a listing, the
advertising type and /or frequency increases
37
significantly (in the sense of being directed -
to improve the noticeability, attractiveness,
or awareness level),-the restriction period
shall begin anew as if it were an original
listing.
8. For periods during which listing is
restricted to Riverwalk Employees, in addition
to other advertising, the Unit will be
advertised by flyers distributed to Riverwalk
businesses and Riverwalk residences, and
posted in any available public notice boards
in Riverwalk.
9. An Owner shall occupy or rent a Unit only
in accordance with these Sections XX and XXII,
and'shall not allow it to be used, occupied,
leased, rented or otherwise transferred except
as permitted by these Sections XX and XXII and
the Deed Restriction.
10. No Unit shall be leased until the
lessee's Qualification Package has been
accepted by Eagle County.
11. An Owner may not rent a Unit or any part
thereof to a person other than a Qualified
Employee.
12. The term of a lease. shall be for a period
of not fewer than six (6) consecutive months
and not more than twelve (12) consecutive
months.
13. The lease term shall terminate upon the
earlier of the termination date or ninety (90)
days after the lessee ceases to be a Qualified
Employee.. If a loss of qualification is ' due
to an involuntary loss of employment, the
occupant must requalify as an Employee within
six (6) months or before the existing lease
term expires, whichever is sooner.
14. If at the end of the term of a lease the
lessee still is a Qualified Employee, the
Owner may enter into anew lease or renew the
old lease without re- listing the Unit to
Qualified Riverwalk Employees. Before the
commencement of the new or renewal term,
however, the lessee must submit a new
Qualification Package, which must be accepted
by Eagle County.
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15. Subleases are subject to the same
restrictions that apply to leases.
16. A signed copy of every lease must be
provided to Eagle County with the
Qualification Package.
17. In no case shall the rental deposit
(including any amounts, including advance
rent, required to be paid at the time of
entering into or before entering into a lease,
however the amounts are denominated) exceed
twice the monthly rental rate, and in no case
shall an Owner require that the rent for more
than one month be paid in advance.
F. Employee Housing Affidavit.
Before the sale, conveyance or other transfer
of a Unit, and before the lease or other
occupation of a Unit, the transferee, lessee,
or other occupant, as the case may be, shall
execute an Employee Housing Affidavit which
will be .delivered to the County with the
Qualification Package. The Project_ Developer,
Owner or sublessor shall be responsible, for
giving the person executing the Employee
Housing Affidavit true copies of Sections XX
and XXII hereof and of the Deed Restriction
when, or before, the Affidavit is tendered for
execution.
G. Remedies.
1. At its sole option, Eagle County may
enforce the provisions of these Sections XX,
XXI and XXII and of the Deed Restriction in
the same manner and with the same remedies
applicable to the enforcement of land use
regulations pursuant to the Eagle County Land
Use. Regulations, as they may be amended from
time to time, or as otherwise provided by law.
Alternatively, the terms of these Sections XX,
XXI and XXII shall be enforceable by the Board
or its designee by any appropriate equitable
or legal action, including.but not limited to
specific performance,. mandamus, abatement,
injunction, or forcible entry and detainer.
The remedies explicitly provided in these
Sections XX, XXI . or XXII are cumulative, and
not exclusive, of all other remedies provided
by law.
39
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2. The Project Developer, any Owner, and any
designated owner's association of Riverwalk
shall be entitled to enforce the terms of
these Sections XX, XXI and XXII, and the Deed
Restriction, by any appropriate equitable or
legal action, including but not limited to
specific performance, mandamus, abatement,
injunction, or forcible entry and detainer, in
which instance the prevailing party shall be
entitled to recover. costs, including
reasonable attorney's fees.
H. General Provisions.
1. Exhibits and /or Appendices. Exhibits and
appendices attached hereto and incorporated
herein by this reference are thus made a part
hereof.
2. Severability. Whenever possible, each
provision of this Section and any other
related document 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..
3. Choice of Law. These Sections and each
and every related document is to be governed
and construed in accordance with the law of
the State of Colorado.
4. Successors. Except'as otherwise provided
herein, the provisions and covenants contained
herein shall inure to and be binding upon the
heirs, successors and assigns of the parties.
5. Section Headings. Paragraph or section
headings within this Document are inserted
solely for convenience or reference, and are
not intended to, and shall not govern, limit
or aid in the construction of any terms or
provisions contained herein.
40
6. Waiver. No claim of waiver, consent or
acquiescence with respect to any provision of
these Sections XX, XXI and XXII shall be valid.
against any party hereto except on the basis
of a written instrument executed by the
parties to the matters contained in said
Sections. However, the party for whose
benefit a condition is inserted herein shall
have the unilateral right to waive such
condition..
7. Gender and Number. Whenever the context
so requires herein, the neuter *gender shall
include any or all genders and vise versa and
the use 'of the singular shall include the
plural and vice versa.'
8. Liability and. Indemnification. Nothing
herein shall be construed to require Eagle
County to protect or indemnify the Project
Developer, an Owner or Unit occupant against
any expense, cost or loss of any nature
attributable to rental' or ownership pursuant
to the terms hereof, including, but not
limited to, loss of rent, property damage,
loss of a sale, or loss of or increased cost
of financing, or from the application or
enforcement of the terms hereof or of the Deed
Restriction. Neither Eagle County, nor the
Project Developer, is responsible for locating
a Qualified Employee to occupy a Unit in the
event that no Employee occupant is found by
the Owner.
9. Further Actions. The Project Developer
and Eagle County agree to execute further
documents and take such further actions as may
be reasonably required to carry out the
provisions and intent of these Sections XX,
XXI and XXII or any agreement or document
I elating hereto or entered into in connection
herewith, including but not limited to those
documents set forth in Appendices "A ", "B" and
"C" hereto.
10. Incorporation by Reference. Each and
every conveyance of a Unit shall be deemed to
include and incorporate by this reference all
terms of these Sections XX, XXI and XXII.
41
I
11. Modifications. The provisions of
Sections XX, XXI and XXII hereof (as with the
entirety of the Planned Unit Development
Control Document) shall only be modified as
permitted by the applicable provisions of the
Eagle County Land Use Regulations.
Final 2/14/95
42
2.`07.08
1)
EXHIBIT "1"
PARKING AND LOADING P=UIPMCMTS
General Provisions - Off - Street Parking and Loading
The following provisions shall apply to off- street parking
and loading facilities:
a) The provision and maintenance of off - street parking
and loading space is a continuing obligation of the
property owner. No building permit shall be issued
until plans are presented that show property that is
and will remain available for exclusive use-as
off -;-street parking and loading space. The
subsequent use of property for which the building
permit is issued shall be conditional upon the
unqualified continuance and availability of the
amount of parking and loading space required by
these Regulations. Should the owner or occupant of
any lot or building change the use to which the lot
or building is put, thereby increasing off - street
parking and loading requirements, it shall be
unlawful and in violation of these Regulations to
begin or-maintain such altered use until such time
as the increased off - street parking and loading
requirements are complied with.
b) Requirements for types of buildings and uses not
specifically listed herein shall be determined by
the County Commissioners after a report and based
recommendation from the Planning Commission,
upon the requirements of comparable uses listed.
c) In the event several uses occupy a single structure
or parcel of land, the total requirements for
off - street parking shall be the sum of the
requirements of the several uses computed
separately.
d) Owners of two or more uses, structures or parcels of
land may agree to utilize jointly the same parking
and loading spaces when the hours of operation do
not overlap, provided that satisfactory evidence is
presented to the Zoning Administrator that the
request will not result in a shortage of parking at
any time. The joint use of parking is restricted to
a maximum of 20 percent.
aces for dwelling units shall
e) Off - street parking spaces
be located on the same. lot with the dwelling. All
other required parking spaces located further than
200 feet from the building or use they are required
to serve, measured in a straight line from the
building, must first be approved by the Planning
Commission as a Special Use.
43
f) Required parking spaces shall be available for
the parking of operable passenger automobiles of
residents, guests, customers, patrons, and
employees, and shall not be used for storage of
vehicles or materials or for the parking of trucks
used in conducting the business or use.
g) A plan drawn to scale, indicating how the off - street
parking and loading requirements are to be
fulfilled, shall accompany an application for a
building permit.
L_IQ
2)
h) Adequate space on the property shall be provided for
storage of snow removed from pedestrian ways,
vehicular ways, parking or loading spaces.
Design Requirements for Parking Lots and Loading Areas
a) Areas used for standing and maneuvering of vehicles
ff-
shall have durable surfaces maintained adequately
for all weather use and so drained as to avoid flow
of water across sidewalks. PER
b) Except for parking to serve residential uses,
parking and loading areas adjacent to residential
zones shall be designed to minimize disturbance of
residents.
C) Artificial lighting which may be provided shall'be
deflected so as not to shine or create glare in any
residential zone or on any adjacent dwelling.
d) Access aisles shall be of sufficient width for all
vehicles turning and maneuvering.
e) Groups of more than four spaces shall be so
located and served by ,a driveway that their use will
require no backing movements or other maneuvering
within a street right -of -way other than an alley.
f) Service drives to off - street parking areas shall be
designed and constructed to facilitate the flow of
traffic, provide maximum safety of traffic access
and egress and the maximum safety of pedestrian and
vehicular traffic on the site.
g) Service drives shall have a minimum vision clearance
area formed by the intersection of the driveway
centerline, the street right -of -way line, and a
straight line joining said lines through points 20
feet from their intersection.
h) A parking space located behind a garage or behind
another space may be counted towards the total
parking requirement provided that the use of that
44
c
space is respectively restricted to the use of the
owner and does not impede other vehicular movement
on the site. This provision can be used for one
space only.
3)
4)
Minimum Off- Street Loading Requirements
Buildings or structures to be built or substantially
altered, which receive and distribute materials and
merchandise by truck, shall provide and maintain
off - street loading berths in sufficient number and size to
adequately handle the needs of the particular use.
a, T_e following standards shall be used in
establishing the minimum number of berths required:
.Gross Floor Area
of the Building
in Square Feet Number of Berths
up to 10,000 1
greater than 10,000 2
b) A loading berth shall contain a'space 10
feet wide and 35 feet long and have a vertical
clearance of 14 feet. Where the vehicles generally
used for loading and unloading exceed these
dimensions, the required length of these berths
shall be increased.
Minimum Off- Street Parking
Parking spaces shall be provided for each use in the
following amounts:
a) Parking space minimum area:
(1) inside, covered or partially inside or
covered; and
(2) outside or uncovered.
(1) (2)
width 9 feet 10 feet
length 18 feet 20 feet
driveway widths for 14 feet 12 feet
angle or parallel pkg
perpendicular parking 24 feet 22 feet
unobstructed back -up
22 feet 22 feet
space
b) Residential - -parking requirements of 2 spaces per
unit for studios and one bedrooms, 2.5 spaces per
unit for multi- family, and 3 spaces per unit for
single family and duplex.
45
C) Lodgings - including hotel, motel, lodge, boarding
house and similar facilities - 1 space per room.
d) Retail and Service Commercial - 1 space per 300
square feet of floor area (except storage area).
e) Restaurant and-Tavern - 1 space per each 4 seats.
f) Auditorium and Public Assembly -,1 space per 10.0.
square feet of floor area used for seating or
assembly.
g) Public and Health Facilities (except auditorium and
public assembly) - 1 space per 300 square feet of
floor area (except storage area).
h) Ski Facility - 1 space per 4 persons of hourly base
lift capacity.
i) Industrial:
(1) Manufacturing Establishment:
1 space per 1000 square feet of floor area;
(2) Wholesale Establishment, warehouse, rail or
truck freight terminals:
1 space per 2000 square feet of floor area.
j) Where a lot is occupied by a combination of the
above listed uses, the minimum off - street parking
requirement shall equal the sum of the requirement
for all included uses on the lot.
k) Access to the street shall be restricted to
driveways designed to preserve off - street parking.
and minimize hazards.
5) Establishment of Clear Vision Areas
A clear vision area shall be maintained on the corners of
all property at the intersection of two streets or a
street and a railroad. A clear vision area shall contain
no planting, fence, wall, structure, or temporary or
permanent obstruction exceeding two and one -half feet in
height, measured from the top of the curb, or where no
curb exists, from the established street centerline grade,
except that trees exceeding this height may be located '
in this area provided all branches and foliage are removed
to a height of eight feet above the grade.
46
a) Measurement of Clear Vision Areas
k
A clear vision area shall consist of a triangular
area two sides of which are lot lines measured from
the corner intersection of the street lot lines for
a distance specified in this regulations or, where
the lot lines have rounded corners, the lot lines
extended in a straight line to a point of
intersection and so measured, and the third side of
which is a line across the corner of the lot joining
the non - intersection ends of the other two sides.
The following measurements shall establish clear
vision areas:
(1) In a residential zone the minimum distance-
shall be 30 feet, or at intersections
including an alley, 10 feet;
(2) In all other zones, where front and side yards
adjacent to streets are required, the minimum
distance shall be 15 feet, or at intersections
including an alley, 10 feet, except when the
angle of intersection between streets, other
than an alley, is less than 30 degrees the
distance shall be 25 feet.
47
EXHIBIT 'T'
E:,kGLE TL - DF-\4ELOPF-P S
F,N E P-WA
m
RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
APPENDIX "A"
DEED RESTRICTION
Subject Property: (legal Description)
( "Property ")
The undersigned is the sole owner in fee simple of the Property.
The undersigned declares that the Property shall be held, sold, and
conveyed only subject to the following covenants, conditions and
restrictions, which constitute covenants running with the Property
for a period of fifty (50) years from the date of recordation of
the amended Riverwalk at Edwards-Planned Unit Development
Document approved by the Board of County of Commissioners of Eagle
County, Colorado ( "Board ") on February 14, 1995, with the title to
the Property as a burden thereon for the benefit of Eagle County,
Colorado, acting by and through the Board, or its designee, and
shall be binding on the Owner, and on the heirs, personal
representatives, assigns, lessees,. licensees and any transferee' of
the Owner.
These covenants are made as a part of an Employee Housing Program
created pursuant to the Riverwalk at Edwards Planned Unit
Development Control Document and as a condition to the approval
thereof by the Board.
The use and occupancy of the Property is hereby limited exclusively
to Qualified Employees and the and dependents, as more
specifically set forth below:
As used herein "Qualified Employee" shall mean a person who
(a) has earned his living primarily in Eagle County by having
worked an average of at least thirty (30) hours per week for
at least eight (8) months in the previous twelve •(12) months
and maintains his residence in Eagle County; or (b) has been
hired for a job in Eagle County on a permanent basis (meaning
that there is an expectation that the employment will continue
for a period of at least six (6) months although it may be "at
will" employment) to work at least thirty ( 30 ) hours per. week,
which employment will be his primary source of income, and
will maintain his residence in Eagle County upon commencing
the job; or (c) is over the age of sixty (60) and has earned
a living primarily in Eagle County by having worked an -average
of at least 30 hours per week for the previous five years.
49
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Notwithstanding the generality of the foregoing, the term
"Qualified Employee" excludes any person otherwise
meeting the criteria of a Qualified Employee if such
person or any member of his immediate household, owns,
directly or indirectly, a habitable dwelling unit located
elsewhere in Eagle County, unless said dwelling unit is
currently listed for sale and has been continuously
listed for sale for not more than four (4) months. This
exclusion includes partial or full ownership in a
corporation, and partial or full beneficial interest in
a trust, established for the purpose of evading this
provision or to provide beneficial interest sufficient
to permit use and occupancy by the owner or part owner.
This exclusion also includes partial ownership where the
remainder is owned, legally or equitably, by any member
of his immediate household.
Eagle County shall determine whether a person meets the
definition of a Qualified Employee, which shall be based
on criteria including, but not limited to, percent of
income earned within Eagle County, place of voter
registration, place of automobile registration, drivers
license address,' and income tax records. Evidence of
Qualified Employee status under (b) shall be supplied by
at least the affidavit of the Employer and of the person.
Evidence of Qualified Employee status under (a) and (c)
will be supplied by at least the affidavit of the person
together with the associated documents.
Furthermore, "Qualified Employee" shall mean a person who
is determined to be currently eligible for Residency in
this Property. In the determination of whether a person
meets the definition of a Qualified Employee, Eagle
County shall consider the criteria cumulatively as they
relate to the .intent and purpose of the Deed Restriction.
As used herein " Riverwalk Employee" shall mean any person
who meets the definition of Qualified Employee as
provided herein, except that such person shall work a
minimum of twenty (20) hours a week as either an employee
or owner of a business establishment located within the
Riverwalk at Edwards Planned Unit Development. Evidence
of Qualified Employee status under this definition shall
be as stated in the definition of Qualified Employee as
provided herein. This definition is provided as a means
to determine who has priority to lease or purchase units
within the Riverwalk at Edwards Planned Unit Development;
50
persons who end their employment status. under this
definition may still maintain their occupancy of the
Property as Tong as such person continues to meet the
definition of Qualified Employee.
As'used herein "Residence" or "Residency" shall mean the
primary place of abode of a person, meaning that home or
place of abode in which a person's habitation is fixed
and to which he or she, whenever absent, has the present
intention of returning after a departure or absence
therefrom, regardless of the duration of such absence..
Furthermore, a Residence is a permanent building or part
thereof . In determ2 -ping what is the primary place of
abode of a person the following circumstances relating
to such person may be taken into account: Business
pursuits, employment, income sources, residence for
income tax purposes, age, marital status, Residence of
parents, spouse and children, leaseholds, situs of
personal or real property, voting registration and motor
vehicle registration.
As used herein "Employer" shall mean an individual or
business entity' who owns a business or commercial
establishment in Riverwalk at Edwards Planned Unit
Development or elsewhere in Eagle County who employs
persons in the conduct of that establishment.
Priority in the purchase of the Property shall be given
first to Qualified Riverwalk Employees and to Employers -
doing business in the Riverwalk at Edwards Planned Unit
Development, and then to Qualified Employees whose
qualifying employment is located anywhere in Eagle County
and to Employers doing business therein.
Priority in the renting of the Property shall be given
to Qualified Riverwalk Employees.
Procedures for the qualification of Qualified Employees and /or
Employers hereunder, and the manner of granting the priorities
herein established in favor of Qualified Employees and Employers,
shall be as prescribed in the Riverwalk at Edwards Planned Unit
Development Control Document approved by the Board on February 14,
1995, as it may be amended from time -to -time.
These restrictions and covenants shall be enforceable by the Board,
or its designee. At its sole option the Board or its designee may
enforce the provisions hereof in the same manner and with the same
remedies applicable to the enforcement of land use regulations
pursuant to the Eagle County Land Use.Regulations, as they may be
amended from time to time, or as otherwise provided by law.
51
Alternatively., the terms hereof shall be enforceable by the Board
or its designee by any appropriate equitable or legal action,
including but not limited to specific performance, mandamus,
abatement, injunction, or forcible entry and detainer. The
remedies explicitly provided herein are cumulative, and not
exclusive, of all other remedies provided by law.
The undersigned, and any successor thereto, any owner of, real
property subject to a Deed_ Restriction pursuant to the Riverwalk
at Edwards Planned Unit Development Control Document, and any
owner's association of Riverwalk at Edwards Planned .Unit
Development owners shall be entitled to enforce the terms hereof
by any appropriate equitable or legal action, including but not
limited to specific performance,.mandamus, abatement, injunction,
or forcible entry and detainer, in which instance the prevailing
party shall be entitled to recover costs, including reasonable
attorney's fees.
Invalidation of any one of or part of one of the covenants or
restrictions contained in this declaration by judgment or court
order shall in no way affect any other part or provisions, which
shall remain in full force and effect.
The duration of these covenants shall be extended at the option of
the Board for an additional period, not to fifty (50) years, after
public hearing and comment on the proposed extension.
Eagle County expressly reserves the right to terminate this Deed
Restriction as to the Property,.after public hearing and comment
on the proposed termination, upon recording a Termination Agreement
in the office of the Clerk and Recorder of Eagle County executed
by the Board of County Commissioners.
Except for complete termination, the restrictions and covenants
herein may not be amended without the consent of both the owners
of the Property and the Board.
Executed on
199 at , Colorado.
OWNER
52
State of Colorado )
) ss
County of Eagle )
The foregoing instrument was acknowledged before me this day
of , 199_, by who
acknowledged to me that he was the Owner of the Property therein
described and executed the foregoing instrument.
Witness my-Hand and Official Seal.
My Commission Expires:
Notary Public
53
C <
RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
APPENDIX "B"
AFFIDAVIT
PROPERTY OWNER /OCCUPANT AFFIDAVIT
RIVERWALK AT EDWARDS
I, ( "Owner /Occupant "), am•of
lawful age and duly authorized to make this statement. Having been
sworn upon my oath, I state as follows:
As Owner and /or Occupant of
[describe. property], hereby designated' as an "Employee Housing
Unit" within the Riverwalk 'at Edwards Planned Unit Development
(hereinafter referred to as "Property "), I state that I have been
advised of and will abide by the terms and conditions-of Sections
XX, XXI and XXII' of the Riverwalk at 'Edwards Planned Unit
Development Control Document, as amended, and corresponding Deed
Restriction, and that I have received a copy of those sections of
the Control Document and the Deed Restriction.
DATED this day of , 19
Owner /Occupant
STATE OF COLORADO )
ss
COUNTY EAGLE )
The foregoing instrument was acknowledged before me this
day of , 199 , by
Witness my hand and official seal.
Notary Public
My commission expires:
54
� r
RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
APPENDIX "C"
COMPLIANCE AND QUALIFICATION FORMS
INSTRUCTIONS:
The following forms are intended to be used for the
purposes identified; in each instance, the forms list the
documentation to be attached, most of which is referred
to specifically in the Riverwalk at Edwards Planned Unit
Development Control Document, as amended:
By Owner to show that there has been
compliance with sales priority rules;
By Owner to show that there has been
compliance with the rental priority rules;
By proposed occupants (whether Owner or
tenant) to 'show that the occupant is a
Qualified Employee; and /or
By Employers or proposed Employers to show
that the Employer employs or intends to employ
the proposed occupant.
The use of these forms are considered to be an integral
part of the Qualification Package, as referenced in the
Riverwalk at Edwards Planned Unit Development Control
Document, as amended. In addition, there may be summary
documents provided by the Project Developer for the
purpose of identifying compliance matters associated with
the sale or lease of the Employee Housing Units.
55
EMPLOYEE'S AFFIDAVIT
CERTIFICATION OF ELIGIBILITY TO OCCUPY
RIVERWALK EMPLOYEE UNITS
[for use by Owners, existing occupants and
prospective occupants seeking to qualify 'for
occupancy of an Employee Housing Unit]
Regarding Unit identified as
[street address]
I, , hereby declare, under penalty of perjury:
I am a "Qualified Employee," in that [check one of paragraph A, B
or C, whichever you seek to qualify under]:
A. I have earned my living primarily in Eagle County
by having worked an average of at least thirty ( 30 ) hours
per week for at least eight (8) months in the, previous
twelve (12) months
AND
I maintain my primary RESIDENCE in Eagle County;
OR
B. I have been hired for a job in Eagle County on a
permanent basis (meaning that there is an expectation
that the employment will continue for a period of at
least six (6) months although. it may be "at will"
employment) to work at least thirty (30) hours per week,
which employment will be my primary source of income
AND
I will maintain my primary RESIDENCE in Eagle upon
commencing the job.
5
C. I am over the
living primarily in
average of at least
five years in Eagle
age of sixty (60)
Eagle County by
30 hours per week
County.
and have earned a
having worked an
for the previous
I understand the definitions -of "Qualified Employee" and
"Residence" as set forth on the attached "Definitions" page.
[Check either paragraph D or E, whichever applies; if you check
paragraph E, complete it.]
56
D. Neither I nor my spouse, or any member of my
immediate family or household, owns - directly or
indirectly a material. interest, including partial
full ownership in a corporation, or partial or full
beneficial interest in a trust, which provides beneficial
interest sufficient to permit use and occupancy by me or
any member of my immediate household - in a habitable
residence located elsewhere in Eagle County.
E. I, • or my spouse or a member of my immediate family
or household, own a material interest in a habitable
residence in Eagle County located at
The
residence is currently listed for sale, which listing
began and has been
continuously listed for sale since that date.
}
All of the documents which I have attached to verify my status as
a' "Qualified Employee" are genuine.
I have been maintaining
continuously since
my sole residence in Eagle County
During the past 12 months, I have been employed by the following
employers:
Employer Name & Address
telephone
supervisor
Employer Name & Address
telephone
supervisor
Employer Name & Address Dates Of Employment
to
telephone
supervisor
Dates Of Employment
to
Dates Of Employment
to
57
C
{
I have attached a copy of my Employee's Affidavit and one of
the following documents as evidence of my residency and employment
within Eagle County:
Colorado Driver's License (with Eagle County Address)
Motor Vehicle Registration showing Eagle County Address
Voters Registration Card showing Eagle County Address.
Other [list]
Furthermore, I have attached the following:
Listing Agreement for my other Eagle County residence
(if applicable)
Proposed Lease
Signature
Print Name
[Address]
Telephone
NOTARY
STATE OF
COUNTY OF
s's
Date (Month /Day /Year)
The foregoing was acknowledged before me this day of _
1994, by
Witness my hand and official seal.
Notary Public
My commission expires:
58
OPTIONAL RIVRWALK PROPERTY OWNERS' ASSOCIATION REVIEW AND
VERIFICATION:
(To be completed and signed authorized Riverwalk Property
Owners' representative.)
Instructions: Examine documents from the above list.
CERTIFICATION: I attest that I. am an authorized representative of
the Riverwalk at Edwards and that I have examined the documents
presented by the above individual, that they appear to be genuine
and to related. to the indivi dual named, and that the individual,
to the best of my knowledge, is eligible to live in the Riverwalk
at Edwards Employee Housing Unit:
Signature Name (Print or Type) Title Date
EAGLE COUNTY, COLORADO REVIEW AND VERIFICATION:
(To be completed and signed by authorized Eagle County
representative.)
Date Submitted to Eagle County:
Instructions: Examine documents from the above list.
CERTIFICATION: [Check One.]
Application Approved
Eon
Application Rejected
Signature Name (Print or Type) Title
Dated:
59
EMPLOYER'S AFFIDAVIT
VERIFICATION OF EMPLOYMENT
Regarding Unit identified as
[street address]
Regarding
[employee or proposed employee]
whose principal address of business
is. (telephone
----------------------------------
hereby declare under penalty of perjury that
employment began on or will begin on
He/she h a s been h i r e d to work a t
and to work there a minimum
of thirty (30) hours per week. Although he /she may be an "at will"
employee, his /her employment is expected by me to continue for at
least six (6) months. I certify that (please check that which most
accurately depicts employment status):
has worked a minimum of hours per week for at
least eight (8) months in the previous twelve (12)
months;
has been offered and accepted employment which
continue for period of at least six months and will
include a minimum of hours per week.
is a minimum of 60
minimum of 30 hours
consecutive years,
periods
Signature Date (Month /Day /Year)
Print Name
Title
[Address]
Telephone
years old and has worked a
per week for the past five
or has worked during the
to
W
NOTARY
STATE OF
ss
COUNTY OF )
The foregoing was acknowledged before me this day of _
1994, by
Witness my hand and official seal.
Notary Public
My commission expires:
61
C <
OWNER'S AFFIDAVIT
REGARDING SALE OF UNIT/
CERTIFICATION OF LISTING OF
RIVERWALK AT EDWARDS EMPLOYEE HOUSING UNITS
Regarding Unit identified as:
[street address]
For the first thirty (30) days the Unit was listed for sale only
to Qualified Employees employed at Riverwalk or Employers
conducting a business or commercial establishment at Riverwalk.
During this period I did not receive or accept, even conditionally,
an offer from someone other. than a Qualified Riverwalk Employee or
Riverwalk Employer. The Unit was listed for sale exclusively to
Qualified Employees employed at Riverwalk or Riverwalk Employers
beginning on ___ and ending on
The listing price was $ and the
o t h e r t e r m s w e r e
Thereafter, I listed the Unit for sale to any Qualified Eagle
County Employee or Eagle County Employer. During the time of this
listing, I did not receive or accept, even conditionally, an offer
from someone other than a Qualified Eagle County Employee or Eagle
County Employer. The Unit was listed for sale exclusively to
Qualified Employees employed in Eagle County or Eagle' County
Employers beginning on and ending' on
. The listing price was $ and the
o t h e r t - e r m s w e r e
After one hundred and twenty (120) days from the first listing, I
listed the Unit for sale to anyone. The listing price was
$____ and the other terms were
I did not reduce the listing price or change any of the terms to
be more favorable for a potential buyer before entering into the
proposed sale.
M
I reduced the listing price or changed the terms to be more
favorable for a potential buyer.. Therefore, I gave priority
Qualified Riverwalk Employees or Riverwalk Employers and then to
Qualified Eagle County Employees and Eagle County Employers by
�s
( f
again listing the Unit exclusively to those groups for periods of
30 days and 90 days, respectively. The new listing price was
$ The new terms were
..I listed the property exclusively
to Qualified Riverwalk Employees and Riverwalk Employers during the
period to I listed the Unit
exclusively to Qualified Eagle County Employees and Eagle County
Employers during the period to
If I re - , ivied an offer from someone other than a Qualified Employee
at termm different from those most recently listed in a listing
restricted to Qualified Employees, those terms were offered to
Qualified Employees for a period of seven (7) business days. Those
terms were ►
and they were offered to Qualified Employees during the period
to
I'understood that the Riverwalk Qualified Employees and Riverwalk
Employers' and the Eagle County Qualified Employees and Eagle
County Employers' priority *periods would begin again if I improved
the advertising. type or frequency (in the sense of being directed
to improve the noticeability, attractiveness, or awareness level),
and I complied with that obligation as follows:
------------------- --- -------------------
I understood that .for Qualified Riverwalk Employees and Riverwalk
Employers, in addition to other advertising, the Unit was required
to be advertised by flyers distributed to Riverwalk businesses, and
residences, an6 posted in any available public notice boards-in
Riverwalk.
I listed and advertised the availability of the Unit as follows:
Attached are true copies of the following:
My listing agreement with my broker, with all amendments.
The newspaper tear sheet(s) for each newspaper and for each
different advertisement.
Each different flyer.
63
( C
I understand an Owner shall occupy or rent a Unit only in
accordance with these Sections XX, XXI and XXII, and shall not
allow it to be used, occupied, sold, leased, or otherwise
transferred except as permitted by these Sections XX, XXI and XXII
and applicable zoning and the Deed Restriction.
Signature Date (Month /Day /Year)
Print Name
Title
[Address]
Telephone
NOTARY
STATE OF )
ss
COUNTY OF )
The foregoing was acknowledged before me this
,1994, by
Witness my hand and official seal.
Notary Public
My commission expires:
day of _
64
r
OWNER'S AFFIDAVIT
REGARDING LEASE OF UNIT/
CERTIFICATION OF RENTAL OF
RIVERWALK AT EDWARDS EMPLOYEE HOUSING UNIT
Regarding Employee Housing Unit identified
�-�;M
[street address and Unit number]
perjury that before entering into
my Employee Housing Unit I listed
rental as follows:
hereby declare under penalty of
the proposed agreement to lease
the Employee Housing Unit for
For the first thirty (30) days the Unit was listed for
lease it was made available only to Qualified Riverwalk
Employees. During this period I did not receive or
accept, even conditionally, an offer from someone other
than a Qualified Riverwalk Employee. The Employee
Housing Unit was listed for lease exclusively to
Qualified Employees employed at Riverwalk beginning on
and ending on The
rental price was $ and the other terms were
If no offer to lease was made within thirty (30) days by
any Qualified Riverwalk Employee, I then opened the
listing to any Qualified Eagle County Employee.
I did not reduce the rental,price or change any of the
terms of the lease to be more favorable for a potential
tenant before entering into the proposed lease.
Eon
I reduced the rental price or changed the terms to be
more favorable for a potential tenant. Therefore, I gave
priority to Qualified Riverwalk Employees by listing the
Unit for lease exclusively to Qualified Employees
employed at Riverwalk beginning on and
ending on
65
f
I understood that the Riverwalk Qualified Employees
priority period would begin again if I significantly
improved the advertising type and /or frequency increases.
(in the sense of being directed to significantly improve
the noticeability, attractiveness, or awareness level),
and I complied with that obligation as follows:
I understood that for the Riverwalk Qualified Employees,
in addition to other advertising, the Unit was required
to be advertised by flyers distributed to Riverwalk
businesses, and residences, -and posted in any available
public notice boards in Riverwalk.
I understood the Employee Housing Unit can not be leased
until the tenant has qualified as an Employee; that I
may not rent an Employee Housing Unit or any part thereof
to a person other than a Qualified Employee; and that the
term of a lease shall be for a period of not fewer than
six (6) consecutive months and not more than twelve (12)
consecutive months.
I affirm that the rental deposit (including any amounts,
including advance rent, required to be paid at the time
of entering into or before entering into a lease, however
the amounts are denominated) does not exceed twice the
monthly rental rate, and that I have not required that
the rent for more than one month be paid in advance.
Attached are true copies of the following:.
My agreement with my management company (if any) , with all
amendments.
The newspaper tear sheet(s) for each newspaper and for each
different advertisement.
Each different flyer.
I understand that I shall occupy or rent an Employee Housing Unit
only in accordance with Sections XX, XXI and XXII of the Riverwalk
at Edwards Planned Unit Development Control Document, as amended,
and shall not allow it to be used, occupied, sold, leased, or
otherwise transferred except as permitted by said Sections XX, XXI
and XXII and applicable zoning and the Deed Restriction.
..
Signature
Print Name
Title
[Address]
Telephone
NOTARY
STATE OF
Date (Month /Day /Year)
ss
COUNTY OF )
The foregoing was acknowledged before me this
1994, by
Witness my hand and official seal.
day of _
Notary Public
My commission expires:
67
t
The Riverwalk at Edwards Planned Unit Development
Amendment File Number PD- 291 -94 -A,
Approved by the Board of County Commissioners of Eagle
County, Colorado on this lyd� day of , 1995, the
Riverwalk at Edwards Planned Unit Developme6t Control Document.
Clerk of the Board o
County Commissioners
68
�`�
L/