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HomeMy WebLinkAboutR93-145 zone district amendment for 4020 Land Investors for RiverwalkIto 522255 B -626 P -192 1/30/93 04:58P PG 1' OF REC DOC Sara J. Fisher Eage County Clerk & Recorder, 0.00 Commissione moved adoption j of the follow' g Resolution: --7 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 3 3 - IN RE THE MATTER OF THE APPLICATION OF 4020 LAND INVESTORS for APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT FILE NO: PD- 241 -93 -P WHEREAS, on or about May 14, 1993, the County of Eagle, State of Colorado, accepted for filing an application submitted by 4020 Land Investors (hereinafter "Applicant ") for approval of a Zone District Amendment and the Planned Unit Development - Preliminary Plan for the Riverwalk at Edwards Planned Unit Development, File No. PD- 241 -93 -P for the parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a 14- sheet set of drawings titled 11 Riverwalk at Edwards," by John Rafael Paris and Alpine Engineering, dated April 20, 1993, and received by Eagle County Department of Community Development on May 14, 1993, and approved by the Board of County Commissioners (hereinafter "the Board ") on July 13, 1993; and as further described in the Riverwalk at Edwards Planned Unit Development, PUD Guide, dated April 20, 1993, and received by Eagle County Department of Community Development May 14, 1993, and approved by the Board on July 13, 1993; and WHEREAS, public hearings were held by the Board on July 13, 1993; and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: C I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Riverwalk at Edwards PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Riverwalk at Edwards Sketch Plan and conditions of. approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Edwards Sub -Area Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1.. To have a full range of public services available. 2. To have a significant economic determinant to the Edwards area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. 2 (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between buildings, and insures that the PUD is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (f) The development has been designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing. (g) Building layout promotes maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. IV. Pursuant to Section 2.05.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (commercial) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. -3- (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide commercial and recreational amenities to its residents to alleviate the necessity of increased traffic and traffic.conges- tion. (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Assessment submitted is adequate. 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly, submitted and reviewed. 4. The PUD control document has been submitted, reviewed and will be recorded with the Clerk and Recorder. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: -4- (a) The rezoning is consistent with Edwards Sub -Area Plan; the area physical and other environmenta with characteristics of the use advantages of the use requested disadvantages. the Master Plan and the possesses the geologic, 1 conditions compatible requested; and the outweigh the (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area, and the proposed rezoning is necessary in order to provide land for a demonstrated community need. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Riverwalk at Edwards Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of 50 dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Riverwalk at Edwards Planned Unit Development PUD Guide, dated July 13, 1993, attached as Exhibit B. The conditions which must be met prior to Final Plat approval are as follows: 1. Site development is restricted to that which can be accommodated by the existing access permits. Additional development will be allowed on this site at such time as a State Highway Access Permit is issued for the 3rd point of access illustrated in the Preliminary Plan, or the existing access permits are revised to provide for more development. 2. Provisions be made for a trail easement along Hwy 6 if needed. 3. School fees paid at the time of Final Plat. 4. An overall sign plan being submitted. 5. All modifications to the PUD Guide per the Red Marked Print dated July 13, 1993. -5- 91 4 THAT, the Riverwalk at Edwards Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24 -68 -101, et seq. THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. The Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle,. State of Colorado. MOVED, READ, AND ADOPTED by the Board of Commissioners of the County of Eagle, State of Colorado, at its meeting held the James E. Johnson, Jr., Commissioner Commissioner seconded adoption of the foregoing resolutio . Tfie roll having been called, the vote was as follows: Commissioner George A. Gates gd _ Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by CP "-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. :M. ` EXHIBIT A LEGAL -- DESCRIPTION A part of the East 1/2 of the East 1/2 of Section 5 Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Beginning at a point on the northerly right -of -way line for U.S. Highway 6 which is also a point on the east line of Section 5, from which the southeast corner of Section 5, Township 5 South, Range 82 West of the 6th Principal Meridian, being.a 3 1/2" aluminum cap, LS 16836 set, bears S O1 25'33" W, 858.69 feet; thence along the northerly right -of -way N 47 49 W,, i571.38 feet to a point on the easterly right -of -way line of the Interstate 70 access road; thence along the easterly right -of -way line N 30 07'28" E, 770.96 feet to a point on the southerly line of a parcel of land owned by the Division of Highways, State of Colorado, as recorded in Book 215 at Page 670; thence along the southerly line which is also the centerline of the Eagle River, S 59 52'32" E, 150.00 feet; thence continuing along the southerly line and centerline of the Eagle River S 27 52'32" E, 690.00 feet; thence continuing along the southerly line and centerline of the Eagle River S 49 52 E, 449.84 feet to a point on the east line of Section 5; thence along the east line S O1 25'33" W, 25.85 feet to the centerline of the Eagle River; thence along the centerline of the Eagle River the following 4 courses: 1) S 72 34'27" E, 148.00 feet; 2) S 87 55'51" E, 209.11 feet; 3 ) S 62 28 1 45 1 1 E, 181.07 feet' ► 4) S 10 44'20" E, 123.00 feet' to a point on the north line of the SW 1/4 SW 1/4 of Section 4, Township 5 South, Range 82 West of the 6th Principal Meridian, thence along the north line N 89 44'20" W, 540.00 feet to a point on the east line of Section 5; thence along the east line S O1 25'33" W, 466.99 feet to the point of beginning and containing 22.455 acres, more or less. EXHIBIT B THE RIVERWALK AT EDWARDS PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT I. Purpose To provide the guidelines for a town center for the community of Edwards, allowing for flexibility and creativity in the design and physical arrangement of the proposed commercial /residential uses. Definitions Terms used herein shall refer to definitions provided in Section 2.05 of the Eagle County Land Use Regulations on the effective date of this Planned Unit Development, unless such terms are otherwise specifically defined in this section. II. Defined Terms A. 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 housekeeping unit for a single family. B. 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. C. Building Height- the distance measured vertically, from the finished grade at any given point to the top of a flat roof, or mansard roof, or to the midpoint between the eaves line and the peak of a gable, gambrel, hip, shed, or similar pitched roof, and measured to the peak of roofs which exceed a slope of 12:24. D. 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. E. Dwelling Unit - One or more rooms in a dwelling occupied by one family living independently of any other family, and having not more than one indoor kitchen facility which is limited to the use of one family. The term Dwelling Unit shall not include hotel, motels, clubs or boarding houses. F. Easement - an interest in land created by grant or agreement which confers to the holders thereof lawful use of or over the estate of another, but not possession or ownership of that real property. G. Employee Space - A 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 consisting of a kitchen, bathroom, and a bedroom, or other living areas. H. Family - One or more persons related by blood, marriage, or adoption, including domestic servants, living together in group of not more than four unrelated persons living together in a dwelling unit used as a single family housekeeping unit. I. 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, and meeting the requirements of the particular zone district in which the building is located. I Open Space - a tract or tracts of land within the Riverwalk P.U.D. project dedicated to public or private use for recreation which may remain in its natural or undisturbed state, or which may be landscaped and improved for such amenities as playgrounds, parks, picnic areas, pedestrian footpaths, bicycle paths, and view areas. K. Planned Unit Development - a zoning district, approved by the appropriate local governmental agencies, specific to a particular parcel of land, and allowing such uses as residential, commercial, business, or recreational, or any combination of the foregoing. 2 L. Planned Unit Development Control Document - a formal document which establishes the permitted land uses and building restrictions within a planned unit development. M. Primary Lot Lines - plotted or parcel lines utilized to compute the P.U.D. zoning requirements. A property line cannot be considered to be primary - if it creates a condition of non - compliance with the P.U.D. N. Public Building - a building occupied by a non - profit corporation or a non- profit establishment for public or semi- public use. O. Secondary Lots Lines - secondary property lines resubdivide a structure or structures into two or more properties whose zone district requirements have already been meet. III. Allowed Uses A. Land Uses Uses by Right 1. Office space (provided all activity is conducted within a building) for a business or profession, including, but not limited to, medical, legal, .architectural, engineering, dental, accounting, and arts or crafts offices or studios. 2. General Retail Establishments, including, but not limited to, those for the sale of food, beverages, clothing, furniture, hardware, appliances, garden supplies and materials, and other related businesses. 3. General and Personal Service Establishments including, but not limited to banks, restaurants, indoor theaters, art galleries, hotels /motels, museums, photography studios /shops, artisans studios /shops, forists, 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. K? 6. Residential Uses including apartments, condominiums and employee housing units. 7. Public Buildings including, but not limited to, a Town Hall, community center, municipal offices, and a bus station. 8. Indoor Recreational Facilities such as health clubs, bath houses, and swimming pools. 9. Outdoor Recreational Areas including, but not limited to, pedestrian trails, parks and playgrounds, bicycle paths, picnic areas, and river access. 10: Community Service Establishments including, but not limited to, health care clinics or facilities, public meeting areas, libraries and public administration offices. 11. Structures such as a clock tower, a bell tower, and other structures (with the capability of serving beverages and foods) which enhance the architectural principles of the town center theme. 12. Open space and landscape areas shall be allowed amenities and features such as observation or view structures, gazebos, decks, and shelters. B. Land Use Table Total Area = 22.455 Acres = 978,139 sq. ft. - Commercial 256,000 sq. ft - Residential (50 units) 46,000 sq. ft. -Open Space 410,000 sq. ft. - Parking 826 spaces 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. .4 B. The Design Review Board has the authority to approve changes in the overall landscape plan, which may occur in conjunction with future construction. 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 standards may 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 re- duced by 20% due to the mixed use and mixed impact time periods. VI. Revegetation of Disturbed Areas Revegetation of disturbed areas shall be required on all lots. Topsoil shall be saved and/or protected from erosion during construction and used for re- vegetation of -disturbed areas. Responsibility for revegetation shall be that of the property owner at the time of disturbance. VII. Design Review Board A. Authority 1. The Design Review Board shall review all building, landscaping, and land use activity. 2. The Design Review Board shall not unreasonably withhold approval. 5 3. No building, landscaping or land use activity may occur without express written consent of the Design Review Board. The issuance of a building permit by Eagle County is not subject to Design Review Board approval. B. Procedures Construction shall not begin until Eagle County building permits are obtained. VIII. Lot Coverage A. Maximum square footage of buildings allowed over entire PUD: 50% of total PUD area. B. Maximum lot coverage of buildings allowed over entire PUD: 50% of total PUD area. C. Maximum impervious cover allowed over entire PUD: 70% of total PUD area. D. Maximum floor area ratio allowed over entire PUD: 0.5:1 of the net developable land of the total PUD area. E. Covered, enclosed or otherwise weather protected spaces or other similar architectural features such as extended eves, atriums, canopies, or awnings used as passageways, waiting areas, bus stops or, seating areas shall be considered as impervious coverage but are exempt from floor area limitations. IX. Snow Storage An area (or areas) totaling 20% of the total parking and driveway coverage is to be allotted for snow storage. X. Setbacks A.. There shall be no standard setbacks from internal front, rear, and side property lines. Buildings shall be limited, however, by the extent of the building envelopes as shown on the approved final plat, and any sub- sequent amendments thereof. B. A zero setback provision shall be allowed between buildings to enhance and emphasize the town center concept. Subdivision and/or resub- division, as is applicable, shall be allowed for buildings and properties employing the zero setback provisions. All standards and requirements of the Uniform Building Code, the Eagle County Building Resolution, and applicable fire codes in effect at the time of the building permit application shall be observed. C. There shall be a fifty (50) foot setback from the U.S. Highway No. 6 and the Interstate 70 Access Road right -of -ways. There shall be a setback from the Eagle River corresponding to the 100 Year Flood line or to a line fifty (50) feet from the high water mark, whichever is greater. XI. Maximum Height of Buildings A. Interpretation 1. Due primarily to the contour of the land which generally slopes down- ward and away from Highway 6 to the Eagle River, flexibility in height and associated design criteria is necessary. 2. If, due to variations in terrain, the height limits are exceeded for less then 10 percent of the allowed height in no more than 10 per cent of any frontage it shall be deemed to meet the height regulation. 3. Architectural or mechanical features which are located at least 25 feet from any building edge may exceed the height limit by a maximum of 10 feet. Chimneys which serve operable fireplaces may be placed at a building perimeter and must not extend more than 10 feet above the parapet or roof line. 4. The height limits are intended to be interpreted interactively with the design standards. Where conflicts arise the design standards shall take precedence. 5. Height measurement shall be calculated from finish grade to the top of a parapet wall or to the halfway point of a pitched roof. B. ' Building Areas M, N, & O Maximum height 35 feet. 7 r yf x C. Building Areas H, I, J, 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 30 feet. 6. For 10 percent of the North building frontage - maximum height 40 feet. D. Building Areas D, E, F, & G 1. For the East and West building frontage - maximum height 40 feet. 2. For 80 percent of the South building frontage - maximum height 30 feet. 3. For 20 percent of the South building frontage - maximum height 40 feet. 4. For 70 percent of the North building frontage - maximum height 45 feet. 5. For 30 percent of the North building frontage - maximum height 55 feet. E. Building Areas B & C 1. For the South building frontage - maximum height 30 feet. 2. For the East & West building frontage - maximum height 40 feet. 3. For the North building frontage - maximum height 45 feet. F. Building Area A 1. For the South building frontage - maximum height 35 feet. 2. For the East, North & West building frontage - maximum height 55 feet. F:3 V �7 C"; G. Riverfront Park Maximum building height - 25 feet. XII. Open Space A. Open Space shall consist of areas designated-as such on the final plat, and areas outside of the building envelopes, excluding drives, walks, and parking areas. B. All Open Space area shall be considered public unless designated other- wise on the final plat or on subsequent amendments. C. Maintenance of the Open Space shall initially be the responsibility of the Riverwalk Property Owner's Association. Future designations of all or portions of the Open Space for uses such as a bike path or scenic river corridor may require release of dedication of such areas to appropriate public entities. It shall be the Association's responsibility to provide for adequate insurance coverage in the event of potential injury or damages incurred by the public, employees or owners while crossing the Open Space area. D. Costs for the maintenance of Open Space shall be prorated equally among all lot 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. 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. .1 :_ IMI The Animal Control Regulations in effect for Eagle County shall govern the control of domestic animals for the project. 9 XV Sims Comprehensive Sign Plan The comprehensive sign plan as described in the Eagle County Land Use Regulations will be accomplished in two steps. Step one will address the complete site as described in this Preliminary Plan; while the second Step will conform to the boundaries of each phase as approved in the Preliminary Plan and fulfill requirements of the Comprehensive Sign Plan A. Goals 1. To provide adequate visual notice for products, businesses and associated activities for the project. 2. To assure that all signs are carefully controlled to avoid distractive, garish or offensive signs. 3. To assure that all signs are designed and constructed in a manner appropriate to and consistent with the historic style architecture of the project. B. Definitions 1. Building Front - Any building vertical surface, facade or series of connected elements such as porches which are oriented to or generally parallel to a public street, parking lot, walkway, or exterior passageway. 2. Comprehensive Sign Plan - A plan indicating the size, height, text, color and location of the signs that each business will be allowed to display; including directory signs, plaza signs, building identification signs and any informational signs and displays. A sign application for any single sign in a multi -use building or lot must conform to the approved comprehensive sign plan for that building or lot (i. e., color, location, material, etc.) 3. Construction Sign -. A temporary sign identifying a subdivision, development or property improvement by a builder, contractor, or other person furnishing materials, labor, or services to the premises. 10 4. Design Review Authority - A formally established entity which has full and final approval authority for all sign matters provided the standards set forth in P. U. D. Control Document. 5. Directional Sign - Any sign on the lot that directs the movement or placement of pedestrian or vehicular traffic with or without reference to, or inclusion of, the name of the product sold or service performed on the lot or in a building, structure or business enterprise occupying the same. 6. Entrance Sign - One (1) sign for each of the three project entrances shall be allowed identifying the project or individual businesses within the business center, provided that the total sign area does not exceed forty (40) square feet nor ten (10) feet in height. The plaza sign shall not be included in the total sign area allowed and shall not be required to meet the height/setback calculation, provided that the sign is neither located within an intersection clear zone nor, impedes drainage. 7. Frontage Measurement - 'Building front shall be measured along the finish grade for sign allowance calculation purposes. 8. Identification Sign - A sign or symbol (i.e., nameplates or plaques) which identifies a person, building, street name or address, landmark, or natural feature. 9.' Illuminated Signs - A sign with an artificial light source incorporated in- internally or externally for the purpose of illuminating the sign. 10. Major Business - A business under a single ownership with contains 20,000 square feet or more of floor area. Ownership refers to the business not for the building. 11. Projecting Sign - Any sign which is attached to and is generally perpendicular to a building. 12. Residential Building, Lot or Occupant Identification Sign - A sign containing no commercial information, identifying the owner or occupant of a dwelling unit, which is devoted primarily to residential use. 13. Theater or Special Business Sign - An enclosed or glassed -in case used for changeable displays such as movie posters, restaurant menus or special sale items. 11 14. Sign - Any letters, figures, design, symbol, trademark, illuminating device or other device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and painted, printed, constructed or displayed in any manner whatsoever. 15. Sign Height - The vertical distance from the average finished grade below the sign (excluding berming) to the highest point on the sign structure. 16. Temporary Sign - A sign which relates to a single event erected not more than thirty (30) days prior to the event to which it relates, such as a farm auction, sale of agricultural products, ad bona fide grand openings. A sign shall be considered temporary if displayed for less than thirty (30) days in a ninety (90) day period. 17. Window Sign - 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 - Signs oriented to the Riverwalk exterior property boundaries. Each building or group of buildings oriented to the exterior property boundary shall be allowed one (1) square foot of sign area per lineal foot of building front for the first thirty -two (32) feet and one third( 1 /3) of a square foot of sign area per lineal foot of building front in excess of thirty (32) feet up to a maximum of sixty- four (64) square feet, per building front. Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted above. This total sign area allowance may be allocated to one or more signs of any permitted type. Allocation of total aggregate sign area to individual businesses or tenants is not a function of this regulation, but shall be the responsibility of the property owner or authorized agent or Design Review Authority. 12 2. Inward Signs - Signs oriented to interior lot lines, walkways, passageways, parking lots, sidewalks or building facades. Each building or group of buildings is allowed a maximum of four signs per major business. This may be any combination of surface mounted, projecting, free standing or window signs. Maximum size allowed is a total which may be allocated by the business under the following conditions: a. For each business of less than 20,000 square feet, a maximum of thirty-two (32) square feet is allowed which may be distributed in up to three (3) separate signs. b. For a business utilizing a gross area of 20,000 square feet, the permitted sign area is forty (40) square feet. c. For a business utilizing a gross area of 40,000 square feet, the permitted sign area is sixty (60) square feet. d. For a business utilizing a gross area of 60,000 square feet or more, the permitted sign area is eighty (80) square feet. e. The total sign area allowance may be allocated to one or more signs of any permitted type. f. Sign types: construction, directional, identification, illuminated, projectory, temporary and window signs. D. Prohibited Signs - Except as otherwise permitted above no free standing signs are permitted. E. Signs Exempt from Administration- The following signs are allowed but are not subject to the Comprehensive Sign Plan or sign permits. .1. All signs, whether permanent or temporary, which do not exceed six (6) square feet in sign area and provided that such signs do not exceed one (1) in number per individual business, parcel, lot, or group of contiguous lots under one ownership. 2. Signs required or specifically authorized for a public purpose by any law. 13 1 3. Public notices or signs relating to an emergency. 4. Signs erected in public rights -of -way by a local, state or federal governmental agency controlling or directing traffic. 5. All information signs on public property provided that such signs are related to use of the property and are erected and maintained by the land management agency. 6. Official government notices and notices posted by governmental officers in the performance of their duties to provide warning, necessary information, direction or other regulated purposes. 7. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 8. Temporary signs such as pennants or banners for a special civic event. Such displays may be erected three (3) weeks prior to the opening of the event and shall be removed one (1) week after completion of the activity. 9. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 10. Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. 11. Any signs permanently affixed to a truck, train, automobile, airplane or other vehicle that is in working condition and is not placed in a specific location for the purpose of evading these sign regulations. 12. Flags of any state, nation, government or any other flag not specifically used for advertising purposes. Each flag may not exceed sixty four (64) square feet in size. Flags must be limited in number to be appropriate for display, not for advertising. 13. Works of fine art, which are displayed and offered for sale, may have sale or price signs of an appropriate size. 14. Any religious emblem or insignia. 14 15. Mail box or house numbers. 16. Residential Building, lot or occupant identification. 17. Vehicular traffic, bicycle a pedestrian control signs. 18. Directional signs shall be allowed, provided that the total sign area of each sign does not exceed six (6) square feet nor ten (10) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or lot, or per shopping center, business, commercial or industrial park, and shall not be required to meet the height/setback calculation, provided that the signs neither impair visibility for traffic movement nor impede drainage. 19. One (1) temporary sign per business shall be allowed, provided that the total sign area does not exceed thirty -two (32) square fee. This temporary sign shall not be included in the total sign area allowed for each business. 20. One (1) temporary for sale, for rent or for lease sign per business shall be allowed, provided that the total sign area of each sign does not exceed sixteen (16) square feet in sign area. Said sign must be removed within thirty (30) days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. 21. Temporary for sale, for rent or lease signs advertising vacant land provided that the total sign'area of all such signs shall not exceed sixteen (16) square feet 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. 22. One (1) construction sign for each construction project not to exceed thirty -two (32) square feet in sign area Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or completion of construction whichever is greater. Construction signs shall not be included in the total sign area allowed for each business. 15 23. Window signs are permitted provided that no more than twenty -five (25) percent of the exterior window area, per street frontage, is covered by signs. Window signs shall not be included in the total sign area allowed. 24. Theater or Special Business sign not exceeding three (3) feet by four (4) feet in size and not to exceed two (2) signs on the entrance frontage and one sign per frontage for the remaining sides. These signs are in addition to other permitted signs and shall not be included in the sign area allocation. E. Procedure 1. The standards described and controlled by this P.U.D. control Document, are the sign regulations specific to Riverwalk and where conflicts with the Eagle County Land Use Regulations occur on this document supersedes. • 2. Along with applications for approval of subsequent phases, a Comprehensive sign plan must be submitted as a part of the phasing plan. 3. One sign permit may be issued for each phase which may account for all signs in that phase. 4. The Comprehensive Sign Plan may be amended at the issuance of individual building permits provided that the amended plan does not violate the standards set forth in this document. XVI. Further Subdivision By virtue of the Riverwalk at Edwards Final Plat subdivision, a "primary lot line" is created and may be further subdivided or condominimzed in such a manner to create "secondary lot lines ": which may not comply with the P.U.D. requirements for open space, setbacks, lot coverage, impervious materials, parking or floor area ratio. Any resubivision must demonstrate: A. The lot or structure or structures to be resubdivided meet (s) the P.U.D. requirements of the primary lot 16 B. The resubdivision provides a common area agreement in addition to the protective covenants, declarations, party wall agreement or other re- strictions 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 (Section 2.07.13) on the date of approval of this Control Document 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. XIV. Employee Housing Program A. It is the goal of the Riverwalk Employee Housing Plan to establish housing for a portion of persons employed within the Riverwalk P.U.D. at a rate based on County policy. B. It is also a goal to permit a distribution of housing on a phased basis related to the approved development phasing plan. C. Riverwalk shall provide dwelling units with employee spaces to meet the needs of 150 employees. The employee spaces and dwelling units shall not exceed 46,000 square feet in total living area. This will be accomplished on a phased basis in concert with the approved phasing plan. D. Enforcement Upon application for approval of the third and subsequent phases of the Riverwalk P.U.D., the applicant must submit a status report and plan for employee housing. At a minimum, provision for develop- ment and construction of employee spaces in accordance with the following schedule is required: 17 2. Employee Housing Schedule First Phase Second Phase Third Phase Fourth Phase Fifth Phase Total No employee spaces required. No employee spaces required. 25 employee spaces required. 50 employee spaces required. 75 employee spaces required. 150 employee spaces E. Riverwalk is to make said housing available to persons employed on site; therefore, housing will be offered to persons employed by Riverwalk, by other on site property owners or leaseholders. In the event that units are not occupied by on site employees, they may be offered on a free market basis to the general public. F. A mix of dwelling unit type and size is anticipated. The enforcement provision is to be based solely on constructed employee spaces provided the maximum square footage limit and total number of units permitted are not exceeded. XV. Specific Design Controls A. Freestanding Buildings (building areas M, N & O) 1. All sides must be finished in a manner similar to and consistent with the principal front. 2. Architectural details must vary the height for at least 10% of any building facade. 3. Exterior materials and textures must be varied to be both consistent with the design theme and to eliminate uniform planer facades. 4. At least 20% of the surface of any facade must be either recessed or projected outward a minimum of 2 feet. B. Individual Buildings or Groupings of Buildings which have a side or front on to Main Street (building areas B through L) 1. Shift vertical or horizontal alignment of walls. Structures greater than 120 feet in length will provide a shift in wall alignment so that no greater than 75% of the length of the building facade appears unbroken. Each shift shall be either a 5 foot change in building. facade alignment or 5 foot change in roof line height or a combi -- ation change in wall alignment and roof line totaling 5 feet. 2. Structures exceeding 160 feet in length will provide a shift at least every 120 feet, which will be a 15 foot facade and/or roof line shift. 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 direction change of at least a 300 angle. 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 than 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 plan 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 in direction of at least a 300 degree angle. The change in plan view does not have to match from floor io floor. If within any given 160 foot horizontal section (on any floor of the building) variations such as cantilevers, structural or architectural indentations or protrusions or similar changes 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. 19 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 de- tailing. 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 pave- ment materials, landscaping, and recesses. e. Use window openings which show the distinction between the uses which occur within the'building. Proportion street level storefront openings to upper -level openings to emphasize distinction. Ground floor commercial facades should be more transparent than upper floors. f. Design windows with reveals to add depth and a three dimensional component. Design headers and sills of openings integrally with the wall. g. Use light reflectance, absorption, and light emittence at night, to help determine opening selection. 7. Roof Treatment a. Keep visible portions of roof free of equipment. Locate in less visible areas. b. Screen with parapets or architectural details. 20 C7, 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 in- tensity sources closer 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 dis- tance along sidewalks and trails unless deemed critical for safety. Ballard type lights less than 4; in height are en- courage. 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 sec - curity 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 passage- ways between structures as designed on the plan. 21 c. Minimum Passageway Requirements 1.) Along the south side of Main Street, at least two passage- ways must be provided. (building areas I, J, K, L & M) 2.) Along the northeast sides of Main Street, at least four public use passageways must be provided. (building areas B, C, D, E, F, G, &H) C. Hotel Site (building area A) 1. All sides of the building must be finished with materials similar to or compatible with the building front. 2. A portico, porte cochere or similar significant project at the principal building entrance should be provided. 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. 22 c.) In the linear landscape area and within the landscaped projections the ground surface must be fully landscaped using a variety of the following plant materials list. Trees: Quaking Aspen, 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, Service - berry, Cottoneaster, Barberry, Purple Leafed Sand Cherry. Ground Cover: Fescues, Bluegrass, and Rye Grass, Siberian Wheatgrass. d. Parking lot islands, sidewalk areas, building perimeters 1.) Each island with an area greater than 300 square feet must have at least one approved tree of at least 3" caliper. 2.) For islands greater than 300 square feet one tree of at least a 3" caliper for each 400 square feet is re- required. 3.) 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. 4.) 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. FW e. Main street and passage areas. 1.) Principle landscape will consist of flowers and ground cover in planter islands, boxes, pots or hanging baskets. 2.) Trees may be placed in areas where circulation and a site distance is not impaired. 3.) Public seating, benches and chairs will be provided. 4.) Shelters, gazeboes, awnings, arcades, and tents, etc. are permitted. f. Riverfront Park Area 1.) To the maximum extent possible existing trees and shrubs will be preserved. 2.) Where deemed appropriate additional planting of like species will be made. 3.) Decks, gazebos, shelters, tents, etc. will be provided. 4.) Bike and pedestrian paths are permitted. 5.) In all areas disturbed by construction, the site will be promptly re- vegetated similar to the existing conditions. 6.) Drainage, erosion control and run point source discharge features are permitted. 24