HomeMy WebLinkAboutR96-064 amendment of PUD for Riverwalk at Edwardsi ~~
Commissf oaer ~ ~p~ m/1 _loved adoption '
,'-~~' of the following Resolution:
' RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96-~_
APPROVAL OF AMENDMENT OF(~~`
THE RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT ~ W
G?
FILE NO. PD-291-96-A W
"~?
WHEREAS, on or about March 6, 1996, the County of Eagle, State of
Colorado, accepted for filing an applications submitted by
Eagle II Developers (hereinafter "Applicant") for amendment of ~
Riverwalk At Edwards Planned Unit Development, Edwards, Colorado
(hereinafter the "PUD"), File No. PD-291-96-A; and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes of providing for the pre-sale_of units and clarification of
other zonincLprovisions as defined in the PUD guide, attached as Exhibit
$; and
WHEREAS, notice of the proposed amendment was mailed to all-owners
of property located within and adjacent to the PUD and was duly published
in a newspaper of general circulation throughout the County concerning
the subject matter of the application and setting forth the dates and
times of hearings for consideration of the application by the Planning
Commission and the Board of County Commissioners of County of Eagle,
State of Colorado (hereinafter the "Board"); and
WHEREAS, at its public meeting held April 17. 1996, the Planning
Commission, based upon its findings, recommended approval of the proposed
PUD Amendment; and
--
SylEi'/y 13-(~yb 1'-ti~ib U5/Gy/yb U4:4t3N 1'G 1 Ub' t3J ltEC llUC
Sara J. b'isher Eagle County Clerk ifs Kecorder U.UU
~~ ~~
Commissioner moved adoption '
of the fo lowing Resolution:
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96-(nom
APPROVAL OF AMENDMENT OF
THE RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT
FILE NO. PD-291-96-A
WHEREAS, on or about March 6, 1996, the County of Eagle, State of
Colorado, accepted for filing an application submitted by
Eagle II Developers (hereinafter "Applicant") for amendment of T P
Riverwalk At Edwards Planned Unit Development, Edwards, Colorado
(hereinafter the "PUD"}, File No. PD-291-96-A; and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes of providing for the pre-sale of units and clarification of
other zoning provisions as defined in the PUD guide attached as Exhibit
P,; and
WHEREAS, notice of the proposed amendment was mailed to all owners
of property located within and adjacent to the PUD and was duly published
in a newspaper of general circulation throughout the County concerning
the subject matter of the application and setting forth the dates and
times of hear-ings for consideration of the application by the Planning
Commission and the Board of County Commissioners of County of Eagle,
State of Colorado (hereinafter the "Board"); and
WHEREAS, at. its public meeting held April 17. 1996, the Planning
Commission, based upon its findings, recommended approval of the proposed
PUD Amendment; and
WHEREAS, at its y____lic meeting hearing of A 1 30, 1996, the Board
considered the PUD Amendment application, associated plans and the
statements and concerns of the Applicant and the Eagle County staff.
Based on the evidence, testimony, exhibits, review of the Eagle
County Master Plan, the recommendation of the Planning Commission and
staff, and comments from all interested parties, the Board finds as
follows:
1. The proposed amendment to The Riverwalk At Edwards, Planned
Unit Development is consistent with the efficient development
and preservation of the entire PUD.
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.
3. The proposed amendment shall not solely confer a special
benefit upon any person.
4. The affected land has access and can be serviced with water and
sewage disposal systems appropriate for the land use
designation being sought has been provided.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Eagle II Developers for
amendment of The Riverwalk At Edwards Planned Unit Development be and is
hereby granted.
The Board 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.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the
L~ ~ day of 19~., nunc pro tunc to the
30th day of April, 1996.
2
COUNTY OF EAGLE, S E OF COLORADO, By and
Through Its BOARD OF COUNTY CONIMISSIONERS
ATTEST:
BY:
i~
Sara J . Fisher
Clerk of the Bo
County Commissi
~" BY
~ George A. Gates, Chairman
o
BY:
ohnnette Phillips, Commissioner
BY:
es E. John on, Commissioner
Commissioner ~Q~,n 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.- ~ ~nti~
This Resolution passed by ~~. vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
3
EXHIBIT A
TABLE OF CONTENTS
THE RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
1. PurDOSe
Definitions
II Defined Terms
III. Allowed Uses
A. Land Use
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. know Storage
X. Setbacks
XI. Maximum Height of Buildincls
A. Interpretation
B. Building Areas M,N, & O
C Building Areas H, I, J,&L
D Building Areas D,E,F,&G
E Building P_reas B & C
F Building Area A
G Riverfront Park
1
1
1
4
4
5
6
6
7
7
7
7
7
8
8
9
9
9
9
10
10
10
10
XII. Open SDace 10
XIII. Vehicles 11
XIV. Animals 11
XV. i n 11
A. Goals 12
B. Definitions 12
C. Permited Signs 15
D. Prohibited Signs 16
E. Signs Exempt from Administration 16
F. Procedure 18
XVI. Further Subdivision 18
XVII. Wood Burning 19
XVIII. Phasing 19
XIX. ~gecific Design Controls 19
A. Freestanding Buildings 19
B. IndividualBuildings or Groupings 19
of Buildings which have a side or
front on to Main Street
C. Hotel Site 23
D. Minimum Landscape Standards 24
XX. Emplovee Housing Program 26
A. Establishment, Goals and Objectives 26
B. Definitions Specific to the Employee 26
Housing Program
C. Number of Employee Housing Spaces 30
D. Use and Occupancy of Employee Housing 30
Units.
E. Credits for Employee Housing Spaces 30
F. Enforcement of Compliance in Creation 31
of Employee Housing Units and Credits
XXI. Emplovee Housing Deed Restriction 33
A. Deed Restriction 33
B. Limitation on Amendments to Employee 33
Housing Deed Restriction
XXII. Guideline;
Gavernincs
Riverwalk
A.
B.
s and General Rules and Regulations 33
"Employee Housing" in the
at Edwards Development
Administration 33
Ownership, use and occupancy 34
Restrictions
C. Procedure to Qualify to Purchase 34
or Occupy Employee Units
D. Sale of Employee Housing Units 36
E. Occupancy of Employee Housing Units 39
F. Employee Housing Affidavit 41
G. Remedies 42
H. General Provisions 42
1 Exhibits and/or Apendices 42
2. Severability 42
3. Choice of Law 43
4. Successors 43
5. Section Heading 43
6.~ Waiver 43
7. Gender and Number 43
8. Liability and Indemnification 43
9. Futher Actions 44
10. Incorporation 44
11. Modifications 44
XXIII. Flexibility Statement & Overall Development 44
Plan
Appendix "1" - Parking Regulations 45
Appendix "2" - Phasing Map 50
Appendix "A" - Deed Restriction 51
Appendix "B" - Affidavit 56
Appendix "C" - Compliance and Qualification Forms 57
Instructions
Employee's Affidavit/Certification of
57
Eligibility to Occupy Riverwalk at
Edwards Employee Housing Units 58
Employer's Affidavit/Verification of Employment 62
Owner's Affidavit Regarding Sale of Unit/
Certification of Listing of Riverwalk at
Edwards Employee Housing Unit 64
Owner's Affidavit Regarding Lease of Unit/
Certification of Rental of Riverwalk at
Edwards Employee Housing Unit 67
Appendix "D" - Deed Restriction 70
THE RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
I. Purgose
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.
Atrium - An opening through one or more floor
levels closed at the top and which may or may
not be enclosed at each end or facet and is
eight feet square or larger and may be
located in any part of a building and may or
may not have a different definition than the
Uniform Building Code definition of Atrium.
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 12:12.
1
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.
dwelling occupies 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 orle 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 (a)
unrelated persons living together in a
dwelling unit used as a single family
housekeeping unit.
Floor Area Gross - The sum of the gross
horizontal areas of the several floors of a
building from the exterior face of exterior
walls, or from centerline of a wall
seperating two buildings, but excluding any
space where floor-to-ceiling height is less
than 4 1!2 feet or adjacent grade is greater
than 12"or less to ceiling structure of the
lower floor.
~ z••
csun~
FROlvi FLOOR
A.QEA
FtHISNEII
FLOOR
GRADE
THlS AREA 1S
CALCllLATED
FOR FLOOR
AAA
7tiiS AREtI {S
CALCULATED
FOR FLOOR
. - AREA
2
Floor Area Net - The gross floor area of a
building less fifteen percent.
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.
Mall - A shaded or roofed promonade or a
concourse providing access to shops or
businesses.
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.
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
3
into two or more properties whose zone
district requirements have already 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
studioslshops, 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
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
4
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 tower, 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 housing units,
as otherwise described
herein
-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.
5
-Parking
IV. Performance Standards
826 spaces
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.
V. 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:
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.
6
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 floor area will be calculated as
defined in net floor area. Net allowed over
the entire site is as follows:
Commercial - 256,000 Square Feet
Residential - 96,000 Square Feet
46,000.00 of the residential shall be devoted
to employee housing as described herein.
Flexible Space - 4,000 Square Feet may be devoted to
commercial or residential space, and if commercial,
with a corresponding increase in employee housing
spaces. The Floor Area and Lot Coverage calculations
are measured from the outside of all exterior walls.
These calculations will be based upon an 8" exterior
wall and center of party wall.
7
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. Covered, enclosed or otherwise weather protected spaces
or similar architectural features such as extended
eves, atriums, malls, canopies, awnings, passageways,
hallways, bus stops, swimming pools and skating 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 mark, whichever is
greater.
8
XI. Maximum Height of Buildinas
A. Interpretation
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, & 0
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.
9
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 50 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
3 5 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. ~nen Snace
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.
10
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.
XIII. 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.
XIV. Animals
The Animal Control Regulations in effect for Eagle County
shall govern the control of domestic animals for the
project.
XV. Sians
Comprehensive Sign Plan
The comprehensive sign plan will govern and conform to the
boundaries of the entire Riverwalk P. U. D. as approved in
the preliminary plan and final plat. The comprehensive sign
plan, as described in the Eagle County Land Use Regulations,
will be accomplished in two steps.
Step one will be to review the plan and receive final
approval from the existing Riverwalk Design Review
11
Authority. Step two will be to receive a sign permit from
the county. The application is submitted to the Eagle
County Community Development Department, but only after the
Design Review Authority has given final approval to the
plan.
All applications for signs will have full colored
renderings, site location, dimensioned wall elevation and a
complete description of all materials that will be used in
the sign.
The user will pay the cost of obtaining a permit.
A. Sign Plan Goals
1. Provide adequate visual notice for products,
businesses and associated activities for the project,
including safety, traffic flow and public facilities.
2. To assure that all signs are attractive and not
garish or offensive, and no visual discord results.
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.
B. Definitions
1. Banner - A piece of natural or man made material
such as fabric bearing a slogan, business, religious or
political message.
2. Building Directory Sign - An alphabetical or
classified listing of names and locations of businesses in a
specific building. The following shall govern the Building
Directory Signs:
a. Interior signs less than 8 sq. ft. are exempt
b. Exterior signs up to 10 sq. ft. are exempt from
permitting ,but subject to administration.
c. Exterior signs larger than 10 sq. ft. are subject
to permitting, and administration, and counted against sq.
footage allowance per business. No business listing within
the directory may exceed 10 sq. ft.
3. Building Front- Any 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. A building can
have more than one front.
4. Construction Sign - A temporary sign identifying a
subdivision, development of property improvement by a
12
builder, contractor, or other person furnishing materials,
labor, or services to the premises. (see E-20)
5. Design Criteria - The Riverwalk Project is designed as a
Neo- Victorian style village. The D.R.A requires the design of
signs in the village to be in a Victorian / Turn of the Century
style.
6. Design Review Authority - D.R.A. A formally
established entity, which has full and final approval
authority for all sign matters provided for by the standards set
forth in the P.U.D. Control Document.
7. Directional Sign - Any sign within the project's
boundaries that directs the movement or placement of pedestrian
and/or vehicular traffic with or without reference to, or
inclusion of, the name of the product sold or service performed.
8. Entrance Sign - One sign for each of the three project
entrances shall be allowed to identify the project, provided that
the total sign area in each does not exceed forty (40) square
feet nor fourteen (14) feet in height. The entrance 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.
9. Flag- A piece of fabric, usually with a pattern used to
denote Nation, State, Government, ownership, or a business or
product name, generally oblong or square in shape, and attached
to a pole or staff.
10. Frontage Measurement - Business front shall be measured
along the finished grade of the business for sign allowance
calculation purposes.
11. Hotel Sign - The D.R.A. recognizes that Hotels are
unique buildings and businesses, therefore the signage of hotels
will be as follows:
a. One monument sign if possible.
b. One identification sign per building side, but not to
exceed 3 signs. Each identification sign shall not exceed 50
sq. ft. in size and shall not be higher than the building.
12. Identification Sign - a sign or symbol (e.g.,
nameplates or plaques ) which identifies a person, building,
street name or address, landmark, or natural feature.
13. Lighted Sign- Any sign that is illuminated by
artificial lighting in any manner.
13
14. Majar Business - A business under a single ownership
which contains 5,000 square feet or more of floor area.
Ownership refers to the business not the building.
15. Monument Sign -
major business, not to ex
of two sides. One will be
west entrance on the I-70
Monument entry signs will
D.R.A.
A free standing sign allowed for a
geed 32 sq.ft. per side, with a maximum
allowed at P.U.D. entrance A ", the
access road. Additional P.U.D.
be at the discretion of the
16. Projecting Sign - Any sign which is attached to a
building where the attachments are generally perpendicular to a
building. This sign must have nine ( 9 ) feet of clearance
measured from the bottom of the sign to the top of the finished
grade and no portion may project more then sixty ( 60 ) inches
from the face of the building.
17. Residential Building, Lot or Occupant Identification
Sign - A sign containing no commercial information, but which
identifies the owner or occupant of a dwelling unit, which is
devoted primarily to residential use.
18. Riverwalk Theater Marquee - The D.R.A. recognizes that
the Riverwalk Theater is a unique building and business.
Therefore the signage allowed for the theater is 150 sq. ft. of
Marquee.
19. Sign - Any letters, figures, design, symbol, trademark,
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.
a: Any sign with a background shall have the total sq.
footage of the area counted in the calculation including the
background.
b. Any sign that is constructed of individual letters or
logos but with no background as such, shall have the area of
each letter or logo calculated individually and the sums shall be
the total square footage of the sign.
20. Sign Height - The vertical distance from the average
finished grade below the sign to the highest point on the sign
structure.
21. Height / setback calculation - Height / setback
calculations for signs shall be determined by the following
method:
a. No sign shall extend above the planes formed by
intersecting imaginary lines from the lot lines to the setback
lines, or to the top of the tallest building on the site,
14
whichever is greater. The truncated pyramid formed by these
planes is the height / setback limit. All signs on the site
shall conform to the above calculation, unless specifically
exempted. See Appendix "A".
22. Special Business Sign - An enclosed or glassed-in-case
used for changeable displays such as movie posters, restaurant
menus or special sale items.
23. Temporary Directional Sign - Any sign on the lot that
directs the movement or placement of pedestrian or vehicular
traffic with or without reference to the name of the business or
product sold Such signs can remain for no more then two years,
or when a building is built on the lot were the Temporary
Directional Sign is erected, which ever is sooner. The
silhouette, outline and shape of this sign must be of a Victorian
style to conform with the P.U.D. On the face of the sign
backing, signs may be placed which identify individual businesses
or product. These signs shall not exceed 8 sq. ft. for each
business or product. The total signage per temporary ,directional
sign shall not exceed 65 sq. ft. Each sign shall be designed and
constructed to be similar to the actual business sign to which it
refers. Signs may be lighted, provided that lighting meets
standards listed in the P.U.D. Control Document.
24. 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 an auction, sale of agricultural
products, art work or handicrafts, and bona fide grand openings.
A sign shall be considered temporary if displayed for less than
thirty (30) days in a 90 day period.
25. Window Sign - A 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 on the Riverwalk Building Exterior- Each
individual business within the business center shall be allowed
twenty ( 20 ) sq. ft. of sign in addition to one (1) square foot
of sign area per lineal foot of building front for the first
thirty-two (32) feet and one third (1/3) of a square foot of sign
area per lineal foot of building front in excess of thirty-two
(32) feet up to a maximum of sixty-four (64) square feet, per
business. 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 D.R.A.
15
2. Inward Signs - Outside of a business on the exterior of
a building facing a sidewalk, breezeway or passageway. Allowable
sq. ft. will be 60~ of the outward sign sq. footage. See E-2,
also.
3. Entrance Signs, Theater Marquee, Hotel, Monument and all
signs not covered by paragraph E. (Signs exempt from permitting
but subject to administration).
4. The total sign area allowance may be allocated to one or
more signs of any permitted type. Not to exceed 4 total signs.
D. Prohibited Signs - These signs are prohibited: Signs that
have flashing or moving lights, signs that have sound producing
devices, signs containing powered movement, signs with bright
lights, and signs that are pornographic, suggestive or otherwise
in bad taste.
E. Signs Exempt from Permitting but subject to Administration -
The following signs are allowed but are subject to the
Comprehensive Sign Plan .
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. Interior Signs -Signs oriented to the interior of the
building, but on the exterior of the businesses facing walkways,
passageways or mall. These signs shall not exceed 40~ of the
exterior sq. footage.
3. 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.
4. 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.
5. Temporary or permanent signs erected by a public utility
company or construction company to warn of dangerous or hazardous
conditions.
6. Temporary signs such as flags, 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.
7. Memorial tablets or commemorative plaques installed by
an historical agency, including cornerstones for buildings.
16
8. Decorations, clearly incidental and customary and
commonly associated with any national, local or religious
holiday.
9. Flags of any st,
flag:
Each flag may not exceed
Flags must be limited in
and meet the approval of
higher than 10 ft. above
it is on.
ate, nation, government or any other
thirty two (32) square feet per side.
number and size to be appropriate for
the D.R.A. Flags shall not be flown
the highest point of the building that
10. Works of fine art, which are displayed and offered for
sale, may have sale or~price signs of an appropriate size.
11. Any religious emblem or insignia.
12. Mail box or house numbers.
13. Residential Building, lot or occupant identification.
14. Building name, identification and address.
15. Vehicular traffic, bicycle, and pedestrian control
signs.
16. Directional signs shall be allowed, provided that the
total sign area or each sign does not exceed six (6) square feet
and 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
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.
17. One (1) temporary For Rent or For Lease sign per
business shall be allowed, provided that the total sign area of
each sign does not exceed one ( 1) square foot in sign area.
Said sign must be removed upon completion of the rent or lease
of the business. This temporary sign shall not be included in
the total sign area allowed for each business.
18. 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 and be limited to one
sign per parcel. Said sign must be removed within thirty (30)
days of completion of the land sale. These temporary signs shall
not be included in the total sign area allowed for each business.
19. One (1) construction sign for each construction project
not to exceed thirty-two (32) square feet in sign area.
Individual tradesmen may display separate signs not, to exceed
eight (8} square feet each in addition to the thirty-two (32)
17
square foot construction sign. Such signs may be erected ten
(10) days prior to beginning construction and shall be removed at
completion of construction. Construction signs shall not be'
included in the total sign area allowed for each business.
20. Window signs are permitted, provided that no more than
twenty (20) percent of the exterior window area, per street
frontage, is covered by signs. Window signs shall not be
included in the total sign area allowed.
21. 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 two (2) signs 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.
22. Non Street Level - Second floor and above or below
street level:
a. Offices shall have up to 1 sq. ft. of signage on entry
door or on wall next to entry door. Each business will be
represented on the main building directory.
b. Retail may have up to 3 sq. ft. Each business will be
represented on the main building directory.
c. Restaurant or other special uses: Up to 5 sq. ft. and
will be represented on the main building directory.
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,
the P.U.D. document supersedes.
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
18
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.
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, & O)
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).
19
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 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
totaling 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 160 feet. Each variation
shall be for a minimum length of 5
feet and a minimum change of a
20
minimum of 3 feet occur, no change
of direction as described above
shall apply.
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.
Align 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
21
materials, landscaping, and
recesses.
e. Use window openings which show the
distinction between the uses which
occur within the building.
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.
22
b. Limit the height of light fixtures.
1) Limit height to 18' within
parking lot areas.
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
Z, 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
23
principal building entrance should
be provided.
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.
24
Ground Cover: Fescues, Bluegrass, and
Rye Grass, Siberian Wheatgrass.
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 permitted. 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.
25
b. 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. Employeee 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 County 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.
2. "Deed Restriction" shall mean that
certain restriction on the deeds of Employee
26
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 in Eagle County
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 will maintain
his Residence in Eagle County immediately
following his first qualification hereunder);
27
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 in Eagle County 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 for the five (5) years
preceding the qualification date has earned
his or her living primarily by having worked
in Eagle County an average of at least thirty
(30) hours per week. Once a person is
accepted by the County as a Qualified
Employee pursuant to (c) above, he thereafter
will be deemed a Qualified Employee for as
long as he continuously maintains his
Residence in Eagle County; provided that he
shall lose that qualification at any time
that he thereafter earns a living primarily
by working at least an average of thirty (30)
hours per week outside of Eagle County for a
continuous period of at least four (4)
months, or becomes excluded from
qualification by the provisions of the next
paragraph of this definition.
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,
28
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.
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,
29
residence for income or tax purposes, age,
marital status, residence of parents, spouse
and children, leaseholds, status 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.
16. "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
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.
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 herein,
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;
30
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
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.
2. The following credits shall be assigned
to the following sized Units for the purposes
of assigning the number of Employee Housing
Spaces per Unit:
Studio One (1) credit
One bedroom Two (2) credits
Two and Three bedroom Three (3) credits
F.
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.
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
Housing Program.
Enforcement of Compliance in Creation of
Employee Housing Units and Credits.
31
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
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 Emplovee SQaces (# of Spaced Completed
Thirty Five Percent Twenty Percent (30)
Fifty Percent Thirty Five Percent (52.5)
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
32
Condominium Map, amended plat or
other subdivision.
XXI. Emplovee Housina 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 "Emplovee Housina" 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
33
and this document, to effectuate the purpose
and 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.
C. Procedure to Qualify to Purchase or Occupy
Employee Units.
34
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, lessee or subleasee shall demonstrate
to Eagle County that he has complied with
Sections D and E hereof. The Owner, lessee
or sublessee 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 binding on Eagle County and
provided that an Owner, lessee or subleasee
whose Qualification Package is rejected by
the Project Developer may thereafter submit
35
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 be more favorable for
a potential buyer, the listing shall again be
restricted giving priority to Qualified
Riverwalk 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.
36
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/or a local Multiple Listing
Service, and/or, 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.
11. Presales. Prior to the legal creation of the
Units under the Colorado Common Interest Ownership Act
or other applicable laws, Residential units may be
"presold" subject to the provisions of this paragraph
11. As used herein "presale" or "presold" means and
refers to any form of conditional or absolute
commitment to sell or to buy, or agreement for purchase
and sale, as, for example only, reservations or
contingent Purchase and Sales Agreements.
37
a. At any time after the issuance of the
building permit(s) required for construction of a
building which will include units intended by the
developer to become Employee Housing Units, the
Project Developer may record a deed restriction
document in the form attached hereto as Appendix
"D" identifying such units and the Project
Developer's intent. After the recording of that
document, and after submitting a copy thereof
showing its recordation to County's Housing
Division, such units may be presold as if they
were Employee Housing Units (subject to any laws
regulating such presales).
b. The provisions of paragraphs 1 through 10 of
this section XXII.D. shall apply to presales in
like manner as they apply to sales except as
expressly provided in this paragraph 11.
c. All presales shall be in writing, shall be
subject to the purchaser qualifying for purchase
at the time of the presale and again prior to the
closing of the sale, and such conditions shall be
set forth in writing.
d. A prospective purchaser must submit a
Qualification Package to the County together with
the applicable processing fee for. the County's
acceptance at the time of entering into a presale
agreement. Anew, current Qualification Package
must be submitted to the County with the
applicable processing fee for County's acceptance
not more than 30 days before the closing of the
sale.
e. If at the time of entering into a presale
agreement a prospective purchaser would be a
Qualified Employee but for his or a member of his
immediate household's direct or indirect ownership
of a habitable dwelling unit in Eagle County, as
set forth in the definition of "Qualified
Employee," solely for the purposes of accepting
his application at the presale stage of the
transaction, that exclusion will not apply,
provided that that exclusion will apply at the
time of the closing of the sale.
f. If before the conveyance of the real property
pursuant to a presale agreement with a person
other than a Qualified Employee or Employer there
is any direct or indirect reduction in the
purchase price or any change in terms which are
beneficial to the prospective purchaser from those
38
terms with respect to which the presale
Qualification Package was approved by the County,
the sale shall again be restricted giving priority
to certain employees and employers for certain
time periods as set forth in paragraph 5 of this
Section XXII.D.
g. No unit presold pursuant to this paragraph 11
shall be deemed as, or credited to Project
Developer as, an Employee Housing Unit unless and
until the Project Developer records a Deed
Restriction in the form attached hereto as
Appendix "D" with respect to that individual unit.
That recording must occur after the creation of a
common interest community including the unit
pursuant to the Colorado Common Interest Ownership
Act and any other applicable laws, but before a
conveyance pursuant to the actual sale.
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.
39
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/or, 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
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.
40
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 a new 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.
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 subleasor 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.
41
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.
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. in~henever 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.
42
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.
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.
43
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
relating 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.
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, including
amendments of planned unit developments.
XXIII. Flexibility Statement & Overall Development Plan
The graphic drawing attached, labeled
"Official Development Plan" intended to
depict general locations and illustrate
concepts of the textual provisions of this
Official Development plan. In granting plat
approval, the Board of County Commissioners
may allow minor variations for the purpose of
establishing:
a. Final road and pathway alignments
b. Final configuration of lot and tract sizes
and shapes
c. Final building envelopes
d. Final access and parking locations
e. Landscaping adjustments
44
APPENDIX "1"
PARKING AND LOADING REQUIREMENTS
1) 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 de 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 later 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 recommendation
from the Planning Commission, based 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.
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.
e) Off-street parking spaces for dwelling units shall 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,
45
measured in a straight line from the building, must
first be approved by the Planning Commission as a
Special Use.
f) Required parking spaces shall be available only for the
parking of operable passenger automobiles of residents,
guest, customers, patrons, and employees, and shall not
be used for storage of vehicles or materials or for
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.
h) Adequate space on the property shall be provided for
storage of snow removed from pedestrian ways, vehicular
ways, parking or loading spaces.
2) Design Requirements for Parking Lots and Loading Areas
a) Areas used for standing and maneuvering of vehicles
shall have durable surfaces maintained adequately for
all weather use and so drained as to avoid flow of
water across sidewalks.
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 an
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 parking spaces shall be so
located and serve 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 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.
46
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 space is
respectively restricted to the use of the owner and
does not impede other vehicular movement on the site.
This provision can be for one space only.
3) 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) The following standards shall be used in establishing
the minimum number of berths required:
Gross Floor Area
of the Building in
Sauare 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.
4) 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
angle or parallel parking 14 feet 12 feet
perpendicular parking 24 feet 22 feet
unobstructed back-up space 22 feet 22 feet
47
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.
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 4 seats.
f) Auditorium and Public Assembly - 1 space per 100 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
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 required
shall equal the sum of the required 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 exist,
from the established street centerline grade, except that
trees exceeding this height may be located in this area
48
provided all branches and foliage are removed to height of
eight feet above the grade.
a) Measurement of Clear Vision Areas
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 the intersection between streets, other than an
alley, is less than 30 degrees the distance shall be 25 feet.
49
APPENDIX `~"
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RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
APPENDIX "A"
DEED RESTRICTION
Subject 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 Control 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 their families 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.
51
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 or in the Employee Housing
Program as set forth in the Riverwalk at Edwards
Planned Unit Development Control Document. 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; persons
52
who end their employment status under this definition
may still maintain their occupancy of the Property as
long 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 determining 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, status 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.
53
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
Colorado.
199_ at
OWNER
54
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
55
RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
APPENDIX nB"
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
STATE OF COLORADO )
~ss
COUNTY OF EAGLE )
Owner/Occupant
The foregoing instrument was acknowledged before me this
day of 199 by
Witness my hand and official seal.
Notary Public
My commission expires:
56
RIVERWALR 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.
57
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 County
upon commencing the job.
OR
C. I am over the age of sixty (60) and have earned a
living primarily in Eagle County by having worked an
average of at least 30 hours per week for the previous
five years in Eagle County.
I understand the definitions of "Qualified Employee" and
"Residence" as set forth on the attached "Definitions" page.
58
[Check either paragraph D or E, whichever applies; if you check
paragraph E, complete it.]
D. Neither I nor my spouse, or household, owns~any
material interest - direct or indirect, jointly,
individually, through corporation or through a trust in
a habitable residence located elsewhere in Eagle
County.
OR
E. I, or my spouse or a member of my household, own
a material interest in a habitable residence 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 my sole residence in Eagle County
continuously since
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
telephone
supervisor
Dates Of Employment
to
Dates Of Employment
to
Dates Of Employment
to
59
I have attached a copy of my Employer'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:
Signature
Print Name
Listing Agreement for my other Eagle County residence
(if applicable)
Proposed Lease
Date (Month/Day/Year)
[Address]
Telephone
NOTARY
STATE OF )
ss
COUNTY OF )
The foregoing was acknowledged before me this
199_, by
Witness my hand and official seal.
day of
My commission expires:
60
RIVERWALK PROPERTY OWNERS' ASSOCIATION REVIEW AND VERIFICATION:
(To be completed and signed by authorized Riverwalk Property
Owners' representative.)
Instructions: Examine documents from the above list.
CERTIFICATION: I attest, under penalty of perjury, that I have
examined the documents presented by the above individual, that
they appear to be genuine and to related to the individual 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
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.)
or
Application Approved
Application Rejected
Signature Name (Print or Type) Title
Dated:
61
EMPLOYER'S AFFIDAVIT
VERIFICATION OF EMPLOYMENT
Regarding Unit identified as
[street address]
Regarding
[employee or proposed employee]
I, whose principal address of business
is (telephone
hereby declare under penalty of perjury that
employment began on or will begin
on
He/she has been hired to work at
minimum of thirty (30) hours per week.
"at will" employee, his/her employment
continue for at least six (6) months.
check that which most accurately depic
and to work there a
Although he/she may be an
is expected by me to
I certify that (please
is 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
will continue for period of at least six months
and will include a minimum of hours per
week.
is a minimum of 60 years old and has worked a
minimum of 30 hours per week for the past five
consecutive years, or has worked during the
periods to
Signature
Print Name
Title
[Address]
Telephone
Date (Month/Day/Year)
62
NOTARY
STATE OF )
ss
COUNTY OF )
of
The foregoing was acknowledged before me this day
199_, by
Witness my hand and official seal.
Notary Public
My commission expires
63
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 other terms were
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 other terms were
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.
OR
I reduced the listing price or changed the terms to be more
favorable for a potential buyer. Therefore, I gave priority to
Qualified Riverwalk Employees or Riverwalk Employers and then to
Qualified Eagle County Employees and Eagle County Employers by
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
64
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 received an offer from someone other than a Qualified
Employee at terms 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
Qualified Employees during the period
and they were offered to
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, and 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.
I understand an Owner shall occupy or rent a Unit only in
accordance with these Sections XX, XXI and XXII, and shall not
65
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
Print Name
Title
Date (Month/Day/Year)
[Address]
Telephone
NOTARY
STATE OF
COUNTY OF
ss
The foregoing was acknowledged before me this day
of 199_, by
Witness my hand and official seal.
Notary Public
My commission expires
66
OWNER'S AFFIDAVIT
REGARDING LEASE OF UNIT1
CERTIFICATION OF RENTAL OF
RIVERWALIC AT EDWARDS EMPLOYEE HOUSING UNIT
Regarding Employee Housing Unit identified as
[street address and Unit number]
I, hereby declare under penalty
of perjury that before-entering into the proposed agreement to
lease my Employee Housing Unit I listed the Employee Housing Unit
for rental as follows:
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. 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. The Employee Housing
Unit was listed for lease exclusively to Qualified
Eagle County Employees beginning on and
ending on The rental price was
$ and the other terms were
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.
OR
67
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 and then.
to Qualified Eagle County Employees for the time
periods and pursuant to the terms and conditions set
forth above. The Employee Housing Unit was listed for
lease exclusively to Qualified Employees employed at
Riverwalk beginning on and ending on
The Employee Housing Unit was listed
for lease exclusively to Qualified Eagle County
Employees beginning on and ending on
I understood that~the Riverwalk Qualified Employees and
the Qualified Eagle County Employees priority periods
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; 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 listing agreement with my broker or management company
(if any), with all amendments. The newspaper tear sheet(s)
for each newspaper and for each different advertisement.
Each different flyer.
68
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 Date (Month/Day/Year)
Print Name
Title
[Address1
Telephone
NOTARY
STATE OF )
ss
COUNTY OF )
The foregoing was acknowledged before me this day
of 1995, by
Witness my hand and official seal.
Notary Public
My commission expires:
69
RIVERWALK AT EDWARDS
PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT
APPENDIX "D"
DEED RESTRICTION
RIVERWALK AT EDWARDS
DEED RESTRICTION
The real property which is the subject of this deed restriction
is all that certain real property located in the County of Eagle,
State of Colorado, commonly described as (building name, if anyl,
Highway 6, Edwards, County of Eagle, State of Colorado,
and more particularly described as:
[Insert here legal description of the parcel
or, if a multi-building parcel, the part of
the legal parcel on which the building is to
be constructed. In the latter case, in the
absence of a metes and bounds description,
refer to a site plan (e.g., from the building
permit application) and attach it to this
document.]
The undersigned is the sole owner in fee simple of the real
property described above.
The circumstances in which this instrument is made are that the
undersigned is constructing upon the real property described
above certain improvements including a building wholely or partly
for human residential use. Upon completion, the building and
associated improvements will be "condominiumized" pursuant to the
Colorado Common Ownership Interest Act, Article 33.3 of Title 38
of the Colorado Revised Statutes (1973).
That part of the real property described above which is or
hereafter becomes improved for human residential use or used
ancillary to those parts improved for human residential use shall
hereinafter in this instrument be denominated as 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
title to the Property as a burden thereon for the benefit of
Eagle County, Colorado, acting by and through the Board of County
Commissioners ("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, from the date
hereof through and including February 17, 2045. By way of
70
explanation, that represents a period of fifty (50) years from
the date of recordation of the amended Riverwalk at Edwards
Planned Unit Development Control Document approved by the Board
on February 14, 1995, recorded in the official records of Eagle
County, Colorado at Book 661, Page 669.
These covenants and restrictions are made as a part of an
Employee Housing Program created by the Riverwalk at Edwards
Planned Unit Development Control Document, as amended to the date
hereof, 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 their families and
dependents, as more specifically set forth below:
1. "Qualified Employee"
As used herein "Qualified Employee" shall mean a person who
(a) has earned a living primarily in Eagle County,
by having worked in Eagle County 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 will maintain his
Residence in Eagle County immediately following his
first qualification hereunder); 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 in Eagle County 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 for the five (5)
years preceding the qualification date has earned his
or her living primarily by having worked in Eagle
County an average of at least thirty (30) hours per
week. Once a person is accepted by the County as a
Qualified Employee pursuant to (c), he thereafter will
be deemed a Qualified Employee for as long as he
continuously maintains his Residence in Eagle County;
provided that he shall lose that qualification at any
time that he thereafter earns a living primarily by
working at least an average thirty (30) hours per week
outside of Eagle County for a continuous period of at
least four (4) months, or becomes excluded from
qualification by the provisions of the next paragraph
of this definition.
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,
71
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 or in the Employee Housing
Program as set forth in the Riverwalk at Edwards
Planned Unit Development Control Document. 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.
2. "Riverwalk Employee"
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; persons
who end their employment status under this definition
may still maintain their occupancy of the Property as
72
long as such person continues to meet the definition of
Qualified Employee.
3. "Residence"
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 determining 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.
4. "Employer"
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.
5. Priorities in Purchasing and Renting
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
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.
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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 exceed 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.
Notwithstanding anything contained in this instrument to the
contrary, this instrument shall be replaced and superseded by
Deed Restrictions with respect to each human residential unit
constructed on the Property, conforming to the Riverwalk At
Edwards Planned Unit Development Control Document as it exists at
the time of recordation. This superseding Deed Restriction as to
each unit shall be executed and recorded by the undersigned (or
its successor) after the condominium plan is recorded and before
the closing of any sale or other transfer of any element of the
Property.
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Executed on
Colorado.
State of Colorado )
ss
County of Eagle )
199_ at ,
OWNER
The foregoing 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.
Notary Public
My commission expires:
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