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HomeMy WebLinkAboutR22-092 Approval of the Amendment to the Riverwalk at Edwards PUD File No. PDA 9175-2021 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Eagle County, CO 202217890 Regina O'Brien 11/15/2022 Pgs: 85 04:59:10 PM REC: $0.00 DOC: $0.00 Commissioner Chandler-Henry moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022 - 092 RESOLUTION APPROVING AN AMENDMENT TO THE RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT FILE NO. PDA-9175-2021 WHEREAS, on or about June 18, 2021, the County of Eagle, State of Colorado, accepted for filing an application(Eagle County File No. PDA-9175-2021, "the Application") submitted by Riverwalk Property Owners Association(the "Applicant") seeking an Amendment to Preliminary Plan for PUD and an application for approval of a 1041 Finding of No Significant Impact Permit to construct major extensions of existing municipal and domestic water and wastewater treatment systems, (Eagle County File No. 1041-9176-2021) for the Riverwalk at Edwards Planned Unit Development(PUD), more particularly described in Exhibit A, attached hereto; and, WHEREAS,the Board of County Commissioners of the County of Eagle (hereinafter the "Board") approved the original Riverwalk at Edwards PUD and associated PUD Guide on February 17, 1995 and approved a further amendment to the PUD Guide on January 7, 2003; and, WHEREAS,the Applicant proposed various amendments to the Riverwalk at Edwards PUD and associated PUD Guide, including: • General clean-up, formatting, and organization; • Allowance of trash and recycling facilities and compactors on an open space tract in a specific location; • Simplification to the calculation of gross floor area based on assessor information; • Increase in allowable Net Floor Area and Residential Floor Area; • Clarification of building names and original PUD identifiers; • Allowance of additional building height for Building N: Theater Building; • Provision that any additional development for the Theater Building is subject to current Eagle County Housing Guidelines; • Updated PUD reference map based on developed conditions; and • Adding in Eagle River Water and Sanitation District standard water conservation language as an appendix to the PUD Guide; and, WHEREAS, in accordance with the ECLURs, Section 5-210.E -Notice of Public Hearings, notice of the proposed Application was mailed to all owners of property located within and adjacent to the Property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the dates and times of hearings for consideration of the Application by the Eagle County Planning Commission(the "Planning Commission") and the Board; and, WHEREAS, in accordance with ECLUR Section 210.E.3, notice of the Application was DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A posted on the Property; and, WHEREAS,at its public hearing held on August 3, 2022, the Planning Commission considered the Application; the associated plans, documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff; and the statements of other interested persons, including the members of the public; and, WHEREAS, at the same hearing, the Planning Commission voted unanimously 6-0 to recommend approval of the Amendment to Preliminary Plan; and, WHEREAS, at its public hearing held on August 30, 2022,the Board considered the Application,the associated plans,documents, and studies; the statements and concerns of the Applicant; the statements of Eagle County Community Development and Engineering staff; and the statements of other interested persons, including the members of the public; and, WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Planning Department, Eagle County Engineering Department, Eagle County Resiliency Department,public officials and agencies, the recommendations of the Planning Commission, and comments from all interested parties,the Board approved the Application by a vote of 3-0 and further finds as follows: THAT,the Application complies with the standards in ECLUR Section 5-240.F.3.m - Amendment to Preliminary Plan for PUD, as set forth below: 1. Modification. Pursuant to ECLUR Section 5-240.F.3.m(1),the Application allows for more efficient development within, and the preservation of,the entire PUD. The modification applies to the entire PUD, including existing structures and uses, and is consistent with the current development pattern of the existing PUD Guide and Preliminary Plan as approved/amended in File numbers PD-291-93-A and PDA- 00046. Simplification to the calculation of gross floor area will make it more efficient for County staff and PUD residents and developers to track development in the future and increased residential space as well as an increase in building height for Building N and increased facilities will ensure the PUD will be preserved as mixed-use development. 2. Adjacent Properties. Pursuant to ECLUR Section 5-240.F.3.m(2),the Application will not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across the street from the Property or the public interest. The Application is modest compared to the overall density of the project. View corridors are not greatly impacted given the internal spacing of the Property. Current benefits to 2 llllll� DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A the public interest include: increased height and density in an area of existing development, open space, integration with public transportation, public events, and diminished reliance on automobiles through mixed-use design. These attributes are improved upon, not diminished by the Application. 3. Benefit. Pursuant to ECLUR Section 5-240.F.3.m(3), the Application is not being granted solely to confer a special benefit upon any person. The Application is applied for by the Riverwalk Property Owners Association, representing the interest of property owners throughout the entire 22.455 acre site. It provides benefits to existing and future property owners within the PUD, Eagle County workers (through deed-restricted housing), and the community at large, by accommodating additional density in an appropriate location and providing potential commercial amenities. Thus, the benefits provided by the PUD Amendment will apply to numerous people and will not confer a special benefit upon any specific person. 4. Amendment. Pursuant to ECLUR Section 5-240.F.3.m(4), the Application will not have the effect of extending the vesting period. THAT,the Application complies with the standards in ECLUR Section 5-240.F.3.e - Standards for Preliminary Plan for PUD, as set forth below: 1. Unified ownership or control. The Applicant is considered to control all lands within the PUD. ECLUR Section 5-240.F.3.e(1) provides that"for the purposes of amending a PUD, written consent by the governing Home Owner's Association or Property Owner's Association shall satisfy this standard" and that"the Home Owner's Association, or Property Owner's Association, with a majority vote of its constituents, may also apply for a PUD Amendment on behalf of all individual property owners." The Application was submitted by the Riverwalk at Edwards Property Owners Association. The Application further included a letter signed by the president of the Riverwalk at Edwards Property Owner's Association stating "in general, a majority vote of its constituents approves of the requested amendments to the current Riverwalk at Edwards PUD." The record before the Board establishes that the standard for unified ownership or control is satisfied. 2. Uses. Pursuant to ECLUR Section 5-240.F.3.e(2), uses allowed within the PUD are consistent with uses allowed in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", and Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". The Application does not propose new uses for the PUD and no variations are required for uses. The total net area and existing residential area are proposed to increase by 2,000 square feet, to accommodate a roughly 21,918 square foot expansion of Building N. 3 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 3. Dimensional Limitations.Pursuant to ECLUR Section 5-240.F.3.e(3),the dimensional limitations that shall apply to the PUD are those specified in the PUD Guide. There are no Rear or Internal setback or dimensional modifications proposed. The 55 foot height limitation proposed oil Building N is commensurate with other buildings within the PUD. 4. Off-Street Parking and Loading.Pursuant to ECLUR Section 5-240.F.3.e(4), it has been demonstrated that off-street parking and loading requirements within the PUD continue to conform to the standards of ECLUR Article 4, Division 1, Off- Street Parking and Loading Standards. As set forth in the Application and the staff report presented to the Board on October 4, 2022, the PUD currently provides 38 additional parking spaces beyond what is required for the development. This number is established through analyzing the number of parking spaces allocated per use under the PUD Guide and ECLUR and then considering a 20%mixed use reduction. The Application does not propose a change to parking, and,upon completion of the proposed Building N addition,there are an anticipated four(4) additional spaces beyond the required parking allocation in conjunction with the proposed uses and increase in residential space. In accordance with the PUD Guide, no future change of use or new use can commence without demonstration of adequate parking and the Riverwalk at Edwards Property Owner's Association will be responsible for parking enforcement. 5. Landscaping. Pursuant to ECLUR Section 5-240.F.3.e(5), landscaping provided in the PUD Guide shall continue to conform with the standards of Article 4, Division 2, Landscaping and Illumination Standards. No changes to applicable landscaping or illumination standards are proposed by the Application. 6. Signs. Pursuant to ECLUR Section 5-240.F.3.e(6), signage will continue to comply with the standards outlined in the PUD Guide. No changes to signage area proposed by the Application. 7. Adequate Facilities. Pursuant to ECLUR Section 5-240.F.3.e(7), facilities and infrastructure requirements potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads, are currently provided and conveniently located in relation to schools,police and fire protection, and emergency medical services: Water Supply, Sewage and Wastewater: Water and sewer are provided by the Upper Eagle Regional Water Authority ("UERWA") and Eagle River Water and Sanitation District("ERWSD")respectively. A conditional ability to serve letter for was provided with the Application which updates efficiency requirements. 4 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Roads: The Property is accessed by Edwards Access Road and US Highway 6. The Applicant demonstrated a slight increase in morning peak hour traffic of approximately 5% due to the increased density of the PUD, which is not anticipated to have a significant impact or to alter the area roads' Level Of Service. Solid Waste Disposal, Electrical, and Emergency Services: Solid waste disposal is improved by the Application through the establishment of a trash compactor, whereas, electrical service, fire protection, law enforcement and emergency services are available to the PUD and are unchanged. 8. Improvements. Pursuant to ECLUR Section 5-240.F.3.e(8), the improvements standards applicable to the development, are specified in Article 4, Division 6, Improvements Standards, and are not negatively impacted by the Application. The PUD is developed and the Application will have minimal impacts related to the site improvements, including roadway, sidewalk and trail, irrigation, drainage, excavation and grading, erosion control, utility and lighting, water supply, and sanitary sewer standards. Roadway Standards: Proposed improvements will increase the morning peak hour traffic generation for the Riverwalk PUD by about 5%, considered a minor impact to the roads in the area. Other than the additional traffic, there are no proposed changes to any roads. Sidewalk and Trail Standards: The development is served by internal sidewalks with connections to the Eagle Valley Regional Trail, and there are no changes proposed to the existing sidewalks and trails. Drainage Standards: As the site is already developed, there is minimal impact to the site drainage from the proposed PUD Amendment. The location of the trash enclosure will require a modification of the drainage, and the drainage design will be reviewed for conformance with County standards when final plans are submitted for permit review. Excavation and Grading Standard and Erosion Control Standards: Any grading and erosion control requirements will be addressed at the time of permitting for any new construction or site disturbance. Utility and Lighting Standards: Utility and Lighting Standards are compliant with ECLUR Article 4, Division 6 requirements. 5 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Water Supply and Wastewater Supply Standards: ECLUR Section 4-680. Water Supply Standards and 4-690. Sanitary Sewage Standards are adhered to as the PUD is served by the UERWA and ERWSD for water and sewage. A conditional capacity to serve letter has been provided. A 1041 Finding of No Significant Impact(FONSI-9176-2022)permit for Major extension of existing domestic wastewater treatment system was issued by the Community Development Director on September 22, 2022. 9. Compatibility with Surrounding Land Uses. Pursuant to ECLUR Section 5- 240.F.3.e(9), the PUD is compatible with existing and currently permissible future uses of adjacent land uses. The surrounding properties are commercial, residential, and public uses. The PUD uses remain consistent with Edwards Area Community Plan("EACP") Future Land Use Map("FLUM") for"Mixed Use Commercial/Residential"designation and are generally compatible with surrounding land. There are no additional uses proposed. Existing residential and restaurant uses are increased and commercial office space is decreased. 10. Conformance with Comprehensive Plan. Pursuant to ECLUR Section 5- 240.F.3.e(10), the PUD is in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. The Application conforms with the goals and policies of the Eagle County Comprehensive Plan, including policies related to General Development, Economic Resources, Infrastructure, Water Resources, Wildlife Resources and Sensitive Lands, and Environmental Quality. The additional dwelling units meet the purpose and intent of the Eagle County Housing Guideline through the provision of a deed restriction for five(5) of the (18)units. The Property lies within the EACP boundary, in the Edwards Center area. The Property is also located within the Edwards Core Area as delineated in Appendix B,Urban Design Elements,to the EACP. These provisions require additional design elements such as pedestrian connections, landscaping, architectural design enhancements, and other site improvements that will enhance the urban design of the Property. Applicable Urban Design Elements have been incorporated in the design to the proposed amendments for Building N, including Design Elements and Pedestrian Focus. 11. Phasing. Pursuant to ECLUR Section 5-240.F.3.e(11),the PUD is in conformance with this standard. The PUD is entirely built-out and has well established utilities. The PUD Guide does not modify proposed phasing language. If the Building N modifications do not take place,the site will still be 6 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A conforming with the PUD Guide. 12. Common Recreation and Open Space. Pursuant to ECLUR Section 5- 240.F.3.e(12), the PUD is in compliance with this standard with respect to (a) minimum area, (b) improvements required, (c) continuing use and maintenance; and(d) organization. There is no change to the common recreational facilities and the Application remains compliant with minimum open space requirements with the addition of 18 dwelling units. 13. Natural Resource Protection. Pursuant to ECLUR Section 5-240.F.3.e(13), the Application is in compliance with this standard. Article 4-4 of the ECLUR includes recommendations and requirements for wildlife protection, geologic hazards, hillside development, wildfire hazards, wood burning controls, ridgeline protection, and environmental impact reports. Based on the built-out nature of the Property, these are not applicable. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Amendment to a Planned Unit Development for the Riverwalk at Edwards PUD described herein and in Eagle County File No. PDA-9175-2021 be and is hereby approved; and, THAT, the approved Amended PUD Guide for the Riverwalk at Edwards PUD, dated August 30, 2022, is attached hereto as Exhibit B; and, THAT, the Board directs the Eagle County Community Development Department to provide a copy of this Resolution to the Applicant; and, THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 15th day of November, 2022, nunc pro tuns to the 30th day of August, 2022. [Signatures on the Following Page] 7 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A DocuSigned by: 4s1:C.)G---4c) COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its C�ORP� BOARD OF COUNTY COMMISSIONERS ATTEST: —DocuSigned by: DocuSigned by: f uji&a. (I'brit,lA, By: 174"''A Clem torawiteard of Jea cAitteQtteney County Commissioners Chair "--DocuSigned by:tit, ,�A _ 1 Kat4 &tiHenry Commissioner r—DocuSignedby: n A 1 "All J 1.�'�,(,I Mat17D718E0473.. Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 8 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Exhibit A- Legal Description Riverwalk at Edwards Phase 8 (Open Space) Riverwalk Bank Building Condominiums Riverwalk Theater Building Condominiums Riverwalk Village Market Condominiums Riverwalk Crystal Building Condominiums Riverwalk Topaz Building Condominiums Riverwalk Amber Building Condominiums Riverwalk Quartz Building Condominiums Riverwalk Ruby Building Condominiums Riverwalk Garnet Building Condominiums Riverwalk Opal Building Condominiums Riverwalk Emerald Building Condominiums Riverwalk Diamond Building Condominiums 1st& Main Building Condominiums River Centre Building Condominiums 9 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Exhibit B - PUD Guide 10 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A The Riverwalk at Edwards Planned Unit Development Control Document Adopted September 7, 1995 Amended December 9, 2003 Approved by BOCC August 30, 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A TABLE OF CONTENTS The Riverwalk at Edwards I. PURPOSE 1 II. DEFINITIONS 1 III. ALLOWED AND SPECIAL USES 3 IV. PERFORMANCE STANDARDS 4 V. PARKING 4 VI. REVEGETATION OF DISTURBED AREAS 7 VII. DESIGN REVIEW BOARD 7 VIII. MAXIMUM FLOOR AREA AND LOT COVERAGE 8 IX. SNOW STORAGE 8 X. SETBACKS 9 XI. MAXIMUM HEIGHT OF BUILDINGS 9 XII. OPEN SPACE 11 XIII. VEHICLES 12 XIV. ANIMALS 12 XV. SIGNS 12 XVI. FURTHER SUBDIVISION 18 XVII. WOOD BURNING 18 XVIII. PHASING 18 XIX. SPECIFIC DESIGN CONTROLS 18 XX. EMPLOYEE HOUSING PROGRAM 22 XXI. EMPLOYEE HOUSING DEED RESTRICTION 26 XXII. GUIDELINES,GENERAL RULES AND REGULATIONS GOVERNING EMPLOYEE HOUSING 27 XXIII. FLEXIBILITY STATEMENT&OVERALL DEVELOPMENT PLAN 34 XXIII. WATER RIGHTS 34 APPENDIX A DEED RESTRICTION 36 APPENDIX B AFFIDAVIT&PROPERTY OWNER/OCCUPANT AFFIDAVIT 40 APPENDIX C COMPLIANCE&QUALIFICATION FORMS 41 APPENDIX D DEED RESTRICTION 55 APPENDIX E WATER CONSERVATION:IRRIGATION PLAN AND SYSTEM REQUIREMENTS 60 1 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX F OVERALL DEVELOPMENT PLAN 67 APPENDIX G TRASH ENCLOSURE SITE PLAN 69 11 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A THE RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT Purpose To provide the guidelines for a town center for the community of Edwards, allowing for flexibility and creativity in the design and physical arrangement of the proposed commercial/residential uses. II. 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. 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. "Amphitheater"—outside theater for multiple uses. "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. "Condominium Unit" — an individual air space unit 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 one family. The term Dwelling Unit shall not include hotel,motels, clubs or boarding houses. 1 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A "Family" — one or more persons related by blood, marriage, or adoption, including domestic servants, living together in a dwelling unit used as a single housekeeping unit; or a group of not more than four(4)unrelated persons living together in a dwelling unit used as a single family housekeeping unit. "Floor Area Gross" — The sum of the gross horizontal areas of floors of a building as on record with the Eagle County Assessor. "Floor Area Net"—The gross floor area of a building less fifteen percent. "Fractional Fee Estate" — Fractional Fee Estate means any interest in real property, including condominiums, owned or leased by five or more persons or entities or any other device including ownership in a corporation, cooperative, partnership, or joint venture whereby the owners or lessees have formally or informally agreed that such owners or lessees shall have the preferred or exclusive use during specified periods of time. Any conveyance of a fractional fee estate or undivided interest by separate deed is within this definition and is to be regulated hereby. A fractional fee estate shall be deemed to be created upon the marketing, promotion, selling or offering to sell specified period or periods of time in one or more residential or commercial units. "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 promenade or a concourse providing access to shops or businesses. "Open Space" — a tract or tracts of land within the Riverwalk PUD 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, amphitheater, and view areas. "Overall Development Plan"—is the Preliminary Development Plan for this PUD showing all existing buildings, general improvements, and parcels that make up the PUD and is included in Appendix F. "Planned Unit Development" (PUD)—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 an/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 PUD zoning requirements. A property line cannot be considered to be primary if it creates a condition of non-compliance with the PUD. 2 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A "Public Building" — a building occupied by a non-profit corporation or a non-profit establishment for a public or semi-public use. "Secondary Lot Lines"—secondary property lines resubdivide a structure or structures into two or more properties whose zone district requirements have already been met. III. Allowed and Special Uses A. 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 art's or crafts offices or studios. 2. General Retail Establishments, including, but not limited to, those for the sale of food, beverages, clothing, furniture, hardware, appliances, garden supplies and materials, and other related businesses. 3. General and Personal Service Establishments including, but not limited to banks, restaurants, indoor theatres, art galleries, hotels/motels, museums, photography studios/shops,artisans studios/shops,florists,book stores,bakeries,jewelry stores, office supply stores, drug stores, liquor stores, grocery stores, sporting goods stores, convenience stores, daycare facilities. 4. General Commercial Uses compatible with the town center theme and design architectural standards for the project 5. Sales &Rental businesses. 6. Residential Uses including apartments, condominiums and employee housing units. 7. Fractional Fee Estate. 8. Public Buildings including, but not limited to, a Town Hall, community center, municipal offices, and a bus station. 9. Indoor Recreational Facilities such as health clubs, bath houses, and swimming pools. 10. Outdoor Recreational Facilities such as health clubs, bath houses, and swimming pools. 11. Community Service Establishments including, but not limited to, health care clinics of facilities, public meeting areas, libraries and public administration offices. 12. 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. 13. Open space and landscape areas shall be allowed amenities and features such as observation or view structures, gazebos, decks, and shelters. Trash and recycling facilities, including compactors, shall be permitted on open space in accordance 3 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A with the site plan provided in Appendix G. The facilities shall be limited to 16 ft. in height, with a maximum footprint of 800 sq. ft. The facilities shall be setback from the PUD property line a minimum of 25 ft. Trash and recycling receptacles associated with the open space, path, or amphitheater are not limited by this section. Servicing and operation of the compactor will be limited to between the hours of 8:00 am and 5:00 pm. B. Special Uses 1. Amphitheater IV. Performance Standards A. A Design Review Board shall be created to review all building, landscaping or land use activity. No building, landscaping or land use shall occur without the express written consent of the Design Review Board. The issuance of a building permit by Eagle County is not subject to Design Review Board approval. B. The Design Review Board has the authority to approve changes in the overall landscape plan, which may occur in conjunction with future construction, however, all landscaping plans shall be subject to County review as part of the building permit process. C. Building materials shall be of natural substances which conform to the theme and intent of the town center concept, as detailed more specifically in the Design Review Board Guidelines. D. No waste materials of any type shall be deposited upon a property in such a form or manner that they may be transferred off the property by natural causes or forces. 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 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. C. General Provisions-off-street Parking and Loading The following provisions shall apply to off-street parking and loading facilities: 1. 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. 4 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 2. Parking requirements for types of buildings and uses not specifically listed herein shall be determined by the Eagle County Community Development Director. 3. 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. 4. 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. 5. 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. 6. Adequate space on the property shall be provided for storage of snow removed from pedestrian ways, vehicular ways, parking or loading spaces. D. Design Requirements for Parking Lots and Loading Areas 1. 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. 2. Except for parking to serve residential uses, parking and loading areas adjacent to residential zone shall be designed to minimize disturbance of residents. 3. Artificial lighting which may be provided shall be deflected so as not to shine or create glare in a residential zone or on any adjacent dwelling. 4. Access aisles shall be of sufficient width for all vehicles turning and maneuvering. 5. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide for maximum safety of traffic access and egress, and provide for the maximum safety of pedestrian and vehicular traffic on site. 6. 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. 7. 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. 5 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A E. 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. 1. The following standards shall be used in establishing the minimum number of berths required: Gross Floor Area of a Business over 10,000 Square Feet to have one Berth. Gross Floor Area of a Business over 15,000 Square Feet to have two Berths. 2. 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. F. Minimum Off-Street Parking Parking spaces shall be provided for each use in the following amounts: 1. Parking space minimum area: a. Enclosed: inside, covered, or partially inside or covered and b. Surface: outside or uncovered. (1) Enclosed (2) Surface 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 2. Residential — parking requirements of 2 spaces per unit for studios and one bedrooms, 2.5 spaces per unit for multi-family. 3. Lodgings — including hotel, motel, lodge, boarding house and similar facilities - 1 space per room. 4. Retail and Service Commercial — 1 space per 300 square feet of net floor area (except storage area). 5. Restaurant and Tavern— 1 space per 4 seats. 6 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 6. Auditorium and Public Assembly -1 space per 100 square feet of floor area used for seating or assembly. 7. Public and Health Facilities (except auditorium and public assembly)— 1 space per 300 square feet or floor area(except storage area). 8. 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. 9. Access to the street shall be restricted to driveways designed to preserve off-street parking and minimize hazards. G. Establishment of Clear Vision Areas A clear vision area shall be maintained on the comers of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding two and one- half feet in height,measured from the top of the curb, or where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to height of eight feet above the grade. 1. 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 comer intersection of the street lot lines for a distance specified in this regulations or, where the lot lines have rounded comers, 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 comer of the lot joining the non-intersection ends of the other two sides. The following measurements shall establish clear vision areas: a. In this zone, 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. 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 7 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. Maximum Floor Area and Lot Coverage A. Maximum floor area will be calculated as defined in net floor area. Net floor area allowed over the entire site is as follows: 1. Total PUD Area: 22.45 Acres /978,139 sq. ft. 2. Total Maximum Net Floor Area: 382,000 sq. ft. Commercial Floor Area: 210,702 sq. ft. Residential Floor Area: 98,000 sq. ft. (46,600 sq. ft. of the residential shall be devoted to employee housing as described herein) Flexible Floor Area: 73,298 sq. ft. (Flexible floor area may be used for either residential or commercial uses) 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. B. Maximum lot coverage of buildings allowed over entire PUD: 50% of total PUD area (489,070 sq. ft.). C. Maximum impervious cover allowed over entire PUD: 70%of total PUD area(684,700 sq. ft.). 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. F. Minimum Open Space: 410,000 sq. ft. IX. Snow Storage An area(or areas) totaling 20% of the total surface parking and driveway coverage is to be allotted for snow storage. 8 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 rights-of-way. 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. XI. Maximum Height of Buildings Buildings are identified as follows: • Building A: River Centre Condominiums/Lot 3 • Building B: 1st and Main Building Condominiums/Lot 4 • Building C: 1st and Main Building Condominiums/Lot 4 • Building D: Diamond Building Condominiums/Lot 6 • Building E: Emerald Building Condominiums/Lot 8 • Building F: Opal Building Condominiums/Lot 10 • Building G: Garnet Building Condominiums/Lot 11 • Building H: Ruby Building Condominiums/Lot 13 • Building I: Quartz Building Condominiums /Lot 12 • Building J: Amber Building Condominiums/Lot 9 • Building K: Topaz Building Condominiums/Lot 7 • Building L: Crystal Building Condominiums/Lot 5 • Building M: Village Market Condominiums /Lot 2 • Building N: Theater Building Condominiums/Lot 1 • Building 0: Bank Building Condominiums I Lot 1 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 than 10 percent of the allowed height in no more that 10 percent of any frontage, it shall be deemed to meet the height regulation. 9 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. Riverfront Park Maximum building height—35 feet. C. 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. D. Building Areas B, C 1. For the South building frontage—maximum height 35 feet. 2. For the East&West building frontage—maximum height 40 feet. 3. For the North building frontage—maximum height 45 feet. E. Building Areas D, E 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. F. Building Areas F, G 1. For 70 percent of the South &West building frontage—maximum height 55 feet 2. For 30 percent of the South&West building frontage—maximum height 65 feet. 3. For 70 percent of the North &East building frontage—maximum height 65 feet. 4. For 30 percent of the North & East building frontage—maximum height 75 feet. G. Building Areas H 1. For 70 percent of the South building frontage—maximum height 50 feet 2. For 20 percent of the South building frontage—maximum height 55 feet. 3. For 10 percent of the South building frontage—maximum height 65 feet. 4. For 70 percent of the West building frontage—maximum height 50 feet. 5. For 20 percent of the West building frontage—maximum height 55 feet. 10 Riverwalk at Edwards PUD Guide 2022 1 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 6. For 10 percent of the West building frontage—maximum height 65 feet. 7. For 50 percent of the North& East building frontage—maximum height 65 feet. 8. For 50 percent of the North & East building frontage—maximum height 50 feet. H. Building Areas I, J 1. For 70 percent of the South building frontage—maximum height 50 feet. 2. For 20 percent of the South building frontage—maximum height 55 feet. 3. For 10 percent of the South building frontage—maximum height 65 feet 4. For 70 percent of the East&West building frontage—maximum height 50 feet. 5. For 20 percent of the East& West building frontage—maximum height 55 feet 6. For 10 percent of the East& West building frontage—maximum height 65 feet 7. For 70 percent of the North building frontage—maximum height 50 feet. 8. For 20 percent of the North building frontage—maximum height 55 feet. 9. For 10 percent of the North building frontage—maximum height 65 feet. I. Building Areas K, 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. 6. For 10 percent of the. North building frontage—maximum height 40 feet J. Building Areas M & 0 Maximum height 35 feet. K. Building Area N Maximum height 55 feet. XII. Open Space A. Open Space shall consist of areas designated as such on the final plat,and areas outside of the building envelopes, excluding drives, walks, and parking areas. 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 11 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. Signs Comprehensive Sign Plan - The comprehensive sign plan will govern and conform to the boundaries of the entire Riverwalk PUD. 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 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. 12 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 builder, contractor, or other person furnishing materials, labor, or services to the premises. 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 PUD 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 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. 13 Riverwalk at Edwards PUD Guide 2022 M DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 14. Major 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—A free standing sign allowed for a major business,not to exceed 32 sq. ft. per side, with a maximum of two sides. One will be allowed at P.U.D. entrance "A", the west entrance on the 1-70 access road. Additional P.U.D. Monument entry signs will be at the discretion of the D.R.A. 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 than 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, 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. 14 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 than two years, or when a building is built on the lot were the Temporary Directional Sign is erected, whichever 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 (113) 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. 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. 15 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 8. Decorations; clearly incidental and customary and commonly associated with any national, local or religious holiday. 9. Flags of any state, nation, government or any other flag: Each flag may not exceed thirty two(32) square feet per side. Flags must be limited in number and size to be appropriate for and meet the approval of the D.R.A. Flags shall not be flown higher than 10 ft. above the highest point of the building that it is on. 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 16 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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) 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 PUD Control Document, are the sign regulations specific to Riverwalk and where conflicts with the Eagle County Land Use Regulations occur, the, PUD document supersedes. 17 Riverwalk at Edwards PUD Guide 2022 1111 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 PUD 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 meets the PUD requirements of the primary lot. B. The resubdivision provides a common area agreement in*addition to the protective covenants, declarations, party wall agreement or other restrictions placed on the subdivision. The agreement shall include the percentage of undivided interest in the common area and infrastructure as well as the responsibilities for maintenance. C. Compliance with all relevant Building Codes. 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. XIX. Specific Design Controls A. Freestanding Buildings (building areas M,N, & 0) 1. All sides must be finished in a manner similar to and consistent with the principal front. 2. Architectural details must vary the height for at least 10% of any building facade. 3. Exterior materials and textures must be varied to be both consistent with the design theme and to eliminate uniform planer facades. 4. At least 20% of the surface of any facade must be either recessed or projected outward a minimum of 2 feet. B. Individual Buildings or Groupings of Buildings which have a side or front on to Main Street (building areas B through L). 1. Shift vertical or horizontal alignment of walls. Structures greater than 120 feet in length will provide a shift in wall alignment so that no greater than 75% of the length of the building facade appears unbroken. Each shift shall be either a 5 foot 18 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A change in buildingfacade alignment or 5 foot change in roof line height or a g g g g 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 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 materials, landscaping, and recesses. e. Use window openings which show the distinction between the uses which occur within the building. 19 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 emission 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 dose to the area to be lit rather than one remote, intense single source. 1) Use no more than one light pole for every 10 parking spaces across parking areas. 2) Use no more than one light pole for every 25 of lineal distance along sidewalks and trails unless deemed critical for safety. Ballard type lights less than 4' in height are encouraged. b. Limit the height of light fixtures. 1) Limit height to 18' within parking lot areas. 2) Limit height limit to 12' along pedestrian paths. c. Limit the "throw"of light sources. 1) Light patterns will not overlap except where needed for security purposes. 2) Use directional heads, shields and fixture cutoffs. 3) Encourage use of lights attached to buildings or building projections. 9. Special Features a. Encourage use of awnings and canopies at building entrances. b. Encourage covered or partially covered, public use passageways between structures as designed on the plan. c. Minimum Passageway Requirements 1) Along the south side of Main Street, at least two passageways must be provided(building areas I, J,K, L &M). 2) Along the northeast sides of Main Street, at least four public use passageways must be provided(building areas B, C, D, E, F, G& H). C. Hotel Site (building area A) 20 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 1. All sides of the building must be finished with materials similar to or compatible with the building front. 2. A portico, porte cochere or similar significant project at the principal building entrance should be provided. 3. The building may have a flat roof with a uniform elevation at the building line only if a parapet or similar feature is provided. D. Minimum Landscape Standards. 1. Development Areas (parking lot perimeters,parking lots islands and planters along buildings, sidewalks and streets.) a. Project Frontage (Highway 6 and I-70 Spur Road) 1) Minimum safe site distance must be maintained. 2) In all landscape perimeter areas which project into the parking lot special standards apply. a) In projections of 20 feet X less than 21 feet one tree at least 3" caliper is required. b) In landscape projections of 20 feet X 21 Feet or greater,one tree at least 3" caliper for every 12 linear feet is required. b. In the linear landscape area and within the landscaped projections the ground surfaces must be fully landscaped using a variety of the following plant materials list: Trees: Quaking Aspens, Cottonless Cottonwood, Green Ash, Marshall's Seedless Ash, Mountain Ash, Flowering Crab Apple, Norway Maples, Colorado Blue Spruce,Honeylocust; Shrubs (5 Gallon Size): Potentilla, Currant, Lilac, Juniper, Rose, Serviceberry, Cottoneaster, Barberry, Purple Leafed Sand Cherry. Ground Cover Fescues, Bluegrass, Rye Grass, and 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 streets and passage areas. 21 Riverwalk at Edwards PUD Guide 2022 M DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. b. Where deemed appropriate additional planting of like species will be made. c. Decks, gazebos, shelters, tents, amphitheater, etc. may be provided. d. Bike and pedestrian paths are permitted. e. In all areas disturbed by construction, the site will be promptly re-vegetated similar to the existing conditions. f. Drainage,erosion control and run point source discharge features are permitted. XX. Employee Housing Program A. Establishment, Goals and Objectives. An Employee Housing Program for the Riverwalk at Edwards Planned Unit Development is hereby established, with goals to: 1. Create a supply of affordable dwelling units available for occupancy by Qualified Riverwalk and Eagle 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 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. 22 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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); 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 23 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A purpose of evading this provision or to provide beneficial interest sufficient to permit use and occupancy by the owner or part owner. This exclusion also includes partial ownership where the remainder is owned, legally or equitably, by any member of his immediate household. Eagle County shall determine whether a person meets the definition of a Qualified Employee, which shall be based on criteria including,but not limited to,percent of income earned within Eagle County,place of voter registration,place of automobile registration, driver's license address, or income tax records. Evidence of Qualified Employee status under(b) shall be supplied by at least the affidavit of the Employer and of the person. Evidence of Qualified Employee status under(a) and(c)will be supplied by at least the affidavit of the person together with the associated documents. Furthermore, "Qualified Employee" shall mean a person who has been determined to be eligible for Residency in a Unit. In the final determination of whether a person meets the definition of a Qualified Employee,as set forth herein,Eagle County shall consider the criteria cumulatively as they relate to the intent and purpose of the Deed Restriction. 12."Qualification Package" shall mean the assemblage of documents necessary for submittal to Eagle County providing proof of the Owner's, purchaser's or tenant's status as a Qualified Employee or Employer and/or of compliance with the sale/lease listing priorities provided herein. The Qualification Package is as set forth in Appendix C hereto or as may be changed in the sole discretion of Eagle County, exercised in accordance with the intent and purpose of the Employee Housing Program. 13. "Residence" or "Residency" shall mean the primary place of abode of a person, meaning that home or place of abode in which a person's habitation is fixed and to which he or she, whenever absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of such absence. Furthermore, a Residence is a permanent building or part thereof In determining what is the principal or primary place of abode of a person the following circumstances relating to such person may be taken into account: Business pursuits, employment, income sources, residence for income or tax purposes, age,marital status, residence of parents, spouse and children, leaseholds, 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 24 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 (except Building N). 1. For any Employee Housing Space credit, the Unit must have: a. Maximum square footage useable area as follows (except in Building M): Studio 700 Square Feet Bedroom 800 Square Feet 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. b. 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 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. F. Enforcement of Compliance in Creation of Employee Housing Units and Credits. 1. Upon application for any permit required by the Eagle County Building Resolution, or its successor, for each building in Riverwalk,the Project Developer must submit a status report on the Employee Housing Program. At a minimum, provision for 25 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A development and construction of Employee Housing Spaces in accordance with the following schedule is required: Comm. Dev. Completed Employee Spaces (#of Spaces) Completed Thirty Five Percent Twenty Percent(30) Fifty Percent Thirty Five Percent(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 Condominium Map, amended plat or other subdivision. F. Status of Employee Housing Requirements. As of August 31, 2020 the PUD has satisfied all of employee housing requirements contained in this PUD Control Document. Because the PUD Guide allows for flexible floor area to be used as either commercial or residential, the conversion of existing commercial floor area to residential floor area and vice versa shall not generate a new employee housing requirement. G. Building N Employee Housing Requirements. The PUD was amended in 2022 which allowed for modifications to Building N: Theater Building. The employee housing requirements for residential units added to Building N shall be satisfied based on the current Eagle County Housing Guidelines for inclusionary zoning and not subject to the employee housing provisions or deed restrictions contained herein. XXI. Employee Housing Deed Restriction A Deed Restriction shall be imposed on each Unit of the residential real property designated as "Employee Housing Units" in accordance herewith. The provisions of the Deed Restriction are considered material to the Employee Housing Program. A. Deed Restriction. 26 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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, General Rules and Regulations Governing Employee Housing 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 circumstance as necessary to achieve the purpose of the Employee Housing Program. 2. The Project Developer reserves the right to create, institute and administer procedures related to compliance with the provisions of these Section XX,XXI and XXII as long as such processes are in accordance with the Eagle County Land Use Regulations and this document, to effectuate the purpose and 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. 27 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 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 sublessee 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 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 28 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 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 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. 29 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 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.A new,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 terms with respect to which 30 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 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 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. 31 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 residencies, and posted in any available public notice boards in Riverwalk. 9. An Owner shall occupy or rent a Unit only in accordance with these Sections XX and XXII, and shall not allow it to be used, occupied, leased, rented or otherwise transferred except as permitted by these Sections XX and XXII and the Deed Restriction. 10. No Unit shall be leased until the lessee's Qualification Package has been accepted by Eagle County. 11. An Owner may not rent a Unit or any part thereof to a person other than a Qualified Employee. 12. The term of a lease shall be for a period of not fewer than six(6)consecutive months and not more than twelve (12) consecutive months. 13. The lease term shall terminate upon the earlier of the termination date or ninety(90) days after the lessee ceases to be a Qualified Employee. If a loss of qualification is due to an involuntary loss of employment, the occupant must requalify as an Employee within six (6) months or before the existing lease term expires, whichever is sooner. 14. If at the end of the term of a lease the lessee still is a Qualified Employee,the Owner may enter into 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 sublessor shall be responsible 32 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A for giving the person executing the Employee Housing Affidavit true copies of Sections XX and XXII hereof and of the Deed Restriction when, or before, the Affidavit is tendered for execution. G. Remedies. 1. At its sole option, Eagle County may enforce the provisions of these Sections XX, XXI and XXII and of the Deed Restriction in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of these Sections XX, XXI and XXII shall be enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, injunction, or forcible entry and detainer. The remedies explicitly provided in these Sections XX, XXI or XXII are cumulative, and not exclusive, of all other remedies provided by law. 2. The Project Developer, any Owner, and any designated owner's association of Riverwalk shall be entitled to enforce the terms of these Sections XX, XXI and XXII, and the Deed Restriction, by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement, injunction, or forcible entry and detainer, in which instance the prevailing party shall be entitled to recover costs, including reasonable attorney's fees. H. General Provisions. 1. Exhibits and/or Appendices. Exhibits and appendices attached hereto and incorporated herein by this reference are thus made a part hereof. 2. Severability. Whenever possible, each provision of this Section and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 3. Choice of Law. These Sections and each and every related document is to be governed and construed in accordance with the law of the State of Colorado. 4. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs,successors and assigns of the parties. 5. Section Headings. Paragraph or section headings within this Document are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 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. 33 Riverwalk at Edwards PUD Guide 2022 a DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 7. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice 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 to indemnify the Project Developer, an Owner or Unit occupant against any expense, cost or loss of the 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 eve that no Employee occupant is found by the Owner. 9. Further Actions. The Project Developer and Eagle County agree to execute further documents and take such further actions as may be reasonably required to carry out the provisions and intent of, these Sections XX, XXI and XXII or any agreement or document 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 as Appendix F, is intended to depict general locations and illustrate concepts of the textual provisions of this PUD. In granting approval, the Board of County Commissioners allowed for variations as embedded in the PUD Guide. XXIII. Water Rights The 2022 amendment to the PUD Guide allows for the development of up to 18 new multiple family dwelling units. This addition of new floor area and dwelling units triggers a requirement for the purchase of new water rights to serve these new dwelling units. 2.14 acre feet of water rights dedication were purchased to serve the PUD for this additional density from the Upper Eagle Regional Water Authority. It should be noted that there is flexible floor area within the PUD which allows for either residential or commercial use. The 2022 amendment did not change this flexibility. There is no water rights dedication required for the conversion of flexible floor area to either commercial or residential use. 34 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 35 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX A DEED RESTRICTION RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT 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. 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 36 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 Employees 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 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. 37 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. Alternatively,the terms hereof shall be enforceable by the Board or its designee by arty 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. 38 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Executed on , 20 at , Colorado. OWNER State of Colorado ) ) ss County of Eagle ) The foregoing instrument was acknowledged before me this day of , 20 , 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 S6a1. My Commission Expires: Notary Public 39 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX B AFFIDAVIT & PROPERTY OWNER/OCCUPANT AFFIDAVIT RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT 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 , 20 Owner/Occupant STATE OF COLORADO ) ) ss COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 20 , by Witness my hand and official seal. Notary Public My commission expires: 40 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX C COMPLIANCE & QUALIFICATION FORMS RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT 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. 41 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A EMPLOYEE'S AFFIDAVIT CERTIFICATION OF ELIGIBILITY TO OCCUPY RIVERWALK AT EDWARDS EMPLOYEE HOUSING 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 of 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. [Check either paragraph D or E,whichever applies; if you check paragraph E, complete it] 42 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 Dates Of Employment to telephone supervisor Employer Name &Address Dates Of Employment to telephone supervisor Employer Name & Address Dates Of Employment to telephone 43 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A supervisor 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: Listing Agreement for my other Eagle County residence(if applicable) Proposed Lease Signature Date (Month/Day/Year) Print Name Address City, State, Zip Telephone NOTARY STATE OF ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by Witness my hand and official seal. 44 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Notary Public My commission expires: 45 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 be 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.) Application Approved or Application Rejected Signature Name (Print or Type) Title Dated: 46 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 ,and to work ther6 a minimum of thirty(30)hours per week. Although he/she may be an"at will"employee, his/her employment is expected by .me to continue for at least six (6) months. I certify that (please check that which most accurately depicts employment status): has worked a minimum of hours per week for at least eight(8)months in the previous twelve (12) months; has been offered and accepted employment which 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 Date (Month/Day/Year) Print Name Title [Address] Telephone 47 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A NOTARY STATE OF ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20_, by . Witness my hand and official seal. Notary Public My commission expires: 48 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A OWNER'S AFFIDAVIT REGARDING SALE OF UNIT/CERTIFICATION OF LISTING OF RIVERWALK AT EDWARDS EMPLOYEE HOUSING UNIT 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 .. 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 49 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A . and they were offered to Qualified Employees during the period to I understood that the Riverwalk Qualified Employees and Riverwalk Employers' and the Eagle County Qualified Employees and Eagle County Employers' priority periods would begin again if I improved the advertising type or frequency (in the sense of being directed to improve the noticeability, attractiveness, or awareness level), and I complied with that obligation as follows: I understood that for Qualified Riverwalk Employees and Riverwalk Employers, in addition to other Advertising, the Unit was required to be advertised by flyers distributed to Riverwalk businesses, and residences, 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 allow it to be used, occupied, sold, leased, or otherwise transferred except as permitted by these Sections XX, XXI and XXII and applicable zoning and the Deed Restriction. Signature Date (Month/Day/Year) Print Name Title [Address] Telephone 50 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A NOTARY STATE OF ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by Witness my hand and official seal. Notary Public My commission expires: 51 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A OWNER'S AFFIDAVIT REGARDING LEASE OF UNIT/CERTIFICATION OF RENTAL OF RIVERWALK 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 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: 52 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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. 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 [Address] Telephone 53 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A NOTARY STATE OF ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20_, by Witness my hand and official seal. Notary Public My commission expires: 54 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX D DEED RESTRICTION RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT 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 any], 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 wholly 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 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 arid 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 55 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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, 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 56 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 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. 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, 57 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 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 superceded 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 superceding 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. Executed on , 20 at , Colorado. OWNER NOTARY STATE OF ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20 by • 58 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Witness my hand and official seal. Notary Public My commission expires: 59 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX E WATER CONSERVATION: IRRIGATION PLAN AND SYSTEM REQUIREMENTS RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT Water Quantity Measures: Indoor water fixtures and outdoor irrigation fixtures will use the latest technologies and be water use efficient fixtures. This will reduce water needs for the project and to reduce water rights expenses as well. It is recognized that Riverwalk at Edwards is largely developed but these requirements shall apply to areas which are redeveloped or when irrigation systems are updated and replaced not new dwelling units are added within the PUD. Indoor Water Usage: The Riverwalk is committed to the responsible and efficient use of our water supply. Water is an invaluable natural resource that sustains the strong economic and social vitality of the mountain community in Eagle County(County)and must be conserved wherever possible. In order to reduce the overall demand and impact on this water resource the Riverwalk at Edwards shall adhere to all of the ERWSD water use standards and technologies. Irrigation Plan and System Requirements: The purpose of this section of the PUD guide is to establish requirements related to outdoor water use efficiency requirements. Documentation: The following documentation is required for the Riverwalk project. The Authority and/or County reserves the right to conduct audits as deemed necessary. The Irrigation Documentation Package: The Irrigation Documentation Package shall include the following elements: 1. Project information a. Date of Submission b. Project Contacts for the project applicant, landscape and irrigation systems installer, and property owner c. Project Address d. Total irrigated area(sq. ft.) each for both permantent and temporary areas 60 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A 2. Applicant signature and date with statement, "I agree to comply with the requirements of the Riverwalk PUD Guide, `Water and Irrigation Related Requirements' and submit a complete Irrigation Documentation Package". 3. Landscape Design Plan with Soil Information a. All applicable soil criteria and standards shall be noted on the landscape design plan. b. A soil analysis report and associated information shall be provided if the project applicant chooses to appeal the standard soil amendment criteria. c. Irrigation Plan Compliance with the Irrigation Documentation Package: 1. Prior to construction, the project applicant shall: a. Submit a Landscape and Irrigation Documentation Package to the Authority and the County. b. Receive the authorization to proceed from the Authority and the County. 2. Prior to construction, Authority and/or County shall a. Review the Landscape and Irrigation Documentation Package submitted by the project applicant. b. Approve or deny the Landscape and Irrigation Documentation Package. c. Issue a building permit or approve the plan check/design review for the project applicant. 3. After construction and prior to the issuance of the Certificate of Occupancy, the Authority and/or the County shall: a. Conduct an inspection and review the irrigation audit report at the request of the applicant to ensure compliance with the approved plans. Irrigation Plan Requirements: This section applies to landscaped areas requiring permanent and temporary irrigation. To ensure the efficient use of water, the irrigation system shall be designed, installed, operated, and maintained in accordance with best management practices outlined in current edition of Landscape Irrigation Best Management Practices by the Irrigation Association and the American Society of Irrigation Consultants. Irrigation Plan The Irrigation Plan, at a minimum, shall contain: • A scaled plan showing property lines, easements, existing or proposed structures, impervious surfaces, and existing natural features; 61 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A • Location and size of the point of connection to the water supply and meter location(s) along with static water pressure at the point of connection to the water supply and dynamic water pressure for proper system operation; • Installation details for each of the irrigation system components: • Location, type and size of all components of the irrigation system, including,backflow preventer, smart irrigation controllers,main and lateral lines, manual valves, remote control valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators; • An irrigation legend showing the type of irrigation components; • Specification sheets including, at a minimum, the following information shall be provided for each type of irrigation component: • Flow rate(gallons per minute), application rate(inches per hour), design operating pressure (pressure per square inch) for each irrigation zone; • Information demonstrating that all irrigation emission devices meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard" authored by the American Society of Agricultural and Biological Engineers and the International Code Council (or most current version) must also be submitted • Clear indication of separate irrigation system zones; • Hydrozones must be clearly indicated; • Installation legend showing the quantity and type of plant; • Required irrigation application rate for each type of plant; • Clear indication of all temporary above ground irrigation components and zones Irrigation System and Planting Installation Requirements: Irrigation System Design Requirements • Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. • All sprinkler heads installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard. • The landscape and irrigation design shall prevent water waste resulting from inefficient landscape irrigation on existing landscapes by prohibiting runoff from leaving the target landscape due to low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. • Each remote control valve shall irrigate a hydrozone with similar microclimate, soil conditions, slope, and plant materials with similar water demand. • Relevant soils information such as soil type and infiltration rate shall be utilized when designing irrigation systems. • Narrow or irregularly shaped areas, including turfgrass areas, less than eight feet in dimension in any direction shall not utilize overhead sprinkler irrigation. • Slopes greater than 25% shall not use sprinklers with an application rate exceeding 0.75 inches per hour unless irrigation designer specifies an alternative design or technology and clearly demonstrates no runoff or erosion will occur. 62 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A • Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plants and soil type within that hydrozone. Individual hydrozones that mix high and low water use plants shall not be permitted. Minimum pop-up height for sprinklers in turfgrass areas shall be six inches. • Check valves or anti-drain valves are required on all sprinkler heads including temporary sprinkler heads • Low flow irrigation system shall apply irrigation water via point source emitters, dripper lines, microsprays and/or bubblers as appropriate for any mulched planting areas for any vegetation that will exceed 12 inches mature height. • Low flow irrigation system zones shall have an indicator valve to verify that zone is pressurized appropriately. • Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. • Temporary above ground irrigation to reestablish native vegetation of disturbed areas shall be on separate zones from permanent irrigation system. • Temporary Irrigation shall be physically removed after two growing seasons. Required Irrigation System Components • Backflow prevention devices shall be required to protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. • Manual shut-off valves shall be required to minimize water loss in case of an emergency or routine repair at the following locations: • As close as possible to the point of connection of the water supply • On sections of larger systems to isolate zones • Dedicated landscape water meter(s) shall be installed. • Smart irrigation controllers labeled by U.S. Environmental Protection Agency's Water Sense Program or with published reports posted on the Smart Water Application Technologies website. • The controller shall have flow meters and be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. • Controllers should be consistently programed to adhere to the Authority's most current outdoor water use schedule. • Sensors that detect rain,freeze,wind,and soil moisture shall be installed with the capability to alter irrigation system operation as appropriate for Edwards, CO climatic conditions given unfavorable weather conditions or when sufficient soil moisture is present • Pressure controls and appurtenances to meet the required operating pressure of the emission devices within the manufacturer's recommended pressure range for optimal performance including temporary irrigation zones Irrigation System Maintenance and Management: Irrigation management includes planning water use, monitoring water use and verifying that equipment is maintained and properly adjusted for optimal performance.As the landscape matures, 63 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A adjustments to the system shall be in harmony with the original intent of the irrigation design. Scheduling of irrigation events shall match the needs of the plants to maintain health, appearance and meet the function of the landscape AND adhere to the outdoor watering use regulations of the Authority. Irrigation systems shall be maintained to ensure proper operation and function for water use efficiency. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation scheduling shall be regulated by smart irrigation controllers that utilize evapotranspiration data or soil moisture data. If operation of the system is not in accordance with monthly irrigation limits, the Developer, property Owner, or Property Owners Association/Master's Association will perform an irrigation system audit and implement recommendations as necessary to meet limits. Soil Criteria: Soil Amendment • Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall be a sandy loam to a depth of at least 6 inches (6") containing at least 5 percent (5%) organic matter by volume. • Tree soil shall have a minimum depth of 3 feet (3') or shall be a minimum planting hole diameter of two (2)times as large as the root ball diameter. Both topsoil and subsoil layers shall be sandy loam. The top soil shall be at least 6 inches (6") and have 5 percent (5%) organic matter by weight and subsoil shall have at least one to three percent (1 - 3%) organic matter by weight. • A minimum of four (4) cubic yards of organic matter soil amendment per one-thousand square feet of landscaped area shall be required as necessary to meet or exceed the 5 percent (5%) organic matter specification. • Soil amendment organic matter shall consist of either Class I and Class II compost. Soil Preparation • Amendment shall be tilled to a minimum depth of six inches (6"). • Site shall be graded to within two-tenths of a foot(2/10th') of the grading plan. • Site shall be free of rocks and debris over one inch (1") diameter in size. • Site shall be free of dirt clods over three-quarter inch(3/4") diameter in size. Dryland seed areas may contain dirt clods up to two inch (2") diameter in size. • Stockpiling-Stripping and stockpiling of indigenous soil(topsoil) shall be required during construction. The replacement of this soil, plus additional soil amendments, are critical to successful plant material establishment, ongoing health, and efficient use of water through the life of the project. • All applicable soil criteria and standards shall be noted on the landscape design plan. Written verification of approved soil amendment type and volume is required. Projects with inadequate soil amendment and preparation will not be approved. 64 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A Soil Inspection • Soil inspections prior to installation of plant material may be conducted by the County or the Authority as deemed necessary and shall include a review of adherence to all criteria and performance standards. • Written documentation reflecting approved volume and type of soil amendment, such as compost delivery batch tickets, is required upon inspection. Organic Mulch • Shall be applied at one (1) cubic yard per eighty (80) square feet at a depth of four (4) inches, and as appropriate to each species. • Shall be applied to the soil surface, not against the plant stem or high against the base of trunks to minimize disease. • Organic mulch material includes bark and wood chips. Avoid mulch consisting of construction debris such as pallets. Inorganic Mulch • Inorganic mulch includes rock, gravel, or pebbles. • Rock mulch shall have a minimum depth of two inches (2"). Irrigation System Verification: Proper installation of the landscape and irrigation system shall conform to the Irrigation Plan approved by the Authority and/or County. Testing of the irrigation system will be completed by the Authority and/or the County and will require an Irrigation System Audit prior to issuance of a Certificate of Occupancy. The following Documentation is required: Irrigation System Audit • All irrigation system audits shall be conducted by an Irrigation Association certified landscape irrigation auditor, Qualified Water Efficient Landscaper certified auditor, or EPA Water Sense Certified equivalent. Irrigation audits shall not be conducted by the person or company who installed the irrigation system. • The Developer shall incur all costs associated with the Irrigation System Audit • The project applicant shall submit the irrigation audit report to the Authority and the County. The irrigation audit report shall include, but is not limited to following unless reasonable justification is provided and approved by the Authority: inspection, system tune-up, system test with distribution uniformity,reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming. 65 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A The Authority may administer programs at the cost of the developer that include,but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Water Budget 66 Riverwalk at Edwards PUD Guide 2022 DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX F OVERALL DEVELOPMENT PLAN 67 Riverwalk at Edwards PUD Guide 2022 SS006,10161°e!• te,36L•I 614011111k OUV2IO'IOD'AINIIIOD a1✓V3 1-- oxaa^ OZ9190Je0W v� tiJ A 1�1 Jv ! l Yll—£0 S1.90d ll.—,,,611—F0°N'"""YtlO 35 "'OJ'""' 3111u0nm SU IVMQO IV?I'IVM2IUARI o e 0 aSuea aio9 I IIHIHXg lzoz/sz/s " WO CI V .., • CA1 1 CU 1 , 11 , a Fig O , ,--iI ^' ,� vH I 'r 1 V /— / v r �_ / f-- --1i I �p x _ 41 g1. q 1 1 � i� F t { II !@ 9 `� vv . o• // li 61 1 I C/) :.` A �� I' 1 L ; 1 1 v\— I ° rI \\ 7 1---i 1 \\I.' ��- 8 it I H064 up Q, E" II�i Q �e.V I I 1�_ ammo 1 Q a II \ 1 , r a vvi S 9 r I1 1 I I �i9 !1t 1 L 'z1 C4 II 1 a� a F [aJ I I b II F r V I �- 1 11 1 T I 1 11 1$ i j I \11 ill 3 �' 1 3 i' j ,II I ." f gl! iii i I - i 6 '� F e y I l35 ii . I � a a Ixl a I I - i� _j1 II 9 Q V II I j riviiqv. 9� p_1 I ►+r 0 III 11 ` a . 1 I I U 1 td,! railllilitiiLl++ // ,4 � 9 O +f. I ► // IPA - Q i — V 1i I / // —11 $ i Z � l 1_ t_rurrilowg . 3 I, B I I r • • J-1-17 n- , 'l+l1.11 a I I i r-1 IsL ` ` , -- r ilk L,I11 II. a � i if .t 4 s I- °I 011 II t , �1,% O I- � I •eel �JNli 1 ,_,1r, 1 1- 19a — \_,1_�/ . 1 1 ll / _ - - s i i DocuSign Envelope ID:368824EE-D650-47DE-838C-88F9B462DC3A APPENDIX G TRASH ENCLOSURE SITE PLAN 69 Riverwalk at Edwards PUD Guide 2022 WOO 1,103N10.2 MMM NV-Id 3115 1202/OO/II 3<.a 'ON!ONIN33NISN3 �IO1OHd1100 HS`dII as aor w lair O4 d2i d d 010O 'SO2M4 M 3 ,d�„„V.0300 W V ♦emu w 3N /I Id-17 _ 1'Mv3/`Iv ,a Eh0E133• 3.0 ON Aao3N0530 jv I 1 w 'iw w 9ffi O Q EL n Z H w UJ w O ' 1h2 WO I oC o V o I 1k�� o w o 1k1I ��o ace O KJ 1 W CI \ ir---- .-34 G ,'• w w 19 I k14w`ILIJ d 1 of�� 1r��a w0 EL a ¢ w U I iep arum " f zl �y w c7 �,�'T Q« i 'aySl m 4.1 N I I YI` w sF�^?. 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