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Home My WebLink AboutR05-126 Edwards Design and Craft Center PUD Preliminary Plan EAGLE COUNTY RE~pn~ER. COLORADO 934771 TEAK J SIMONTONf ,5: 08: 03PM 370 REe: $0.00 DOC: $ PAGES: 37 111111 m 11I1111 10/27/2005 Commissioner ~ moved adoption '?J'1 \ ~l of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - / ;?(p APPROVAL OF THE EDWARDS DESIGN AND CRAFT CENTER PUD PRELIMINARY PLAN FILE NO. PDP-00031 WHEREAS, on or about March 1 st, 2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by Woodward Development, LLC (hereinafter "Applicant") for approval of a Planned Unit Development Preliminary Plan for the Edwards Design and Craft Center Planned Unit Development, File No. PDP-00031; and, WHEREAS, the Applicant requested approval of a PUD Preliminary Plan which would allow the creation of a mixed use PUD which is comprised of up to 49,700 sq feet of commercial/light industrial/design industry spaces to be used for: office, showrooms and shop spaces for specialty construction suppliers (e.g. tile, lighting, flooring, fireplaces,); craftspeople (e.g. cabinet makers; custom furniture makers, etc.); and other commercial and/or related industry uses such as a commercial bakery; specialized sporting goods assembly shop; appliance service and repair; prof",<:3iand designers, planners and architects; and specialty storage for antiques, art, etc.; and, WHEREAS, the proposed uses are intended to accommodate wholesale clientele and crafts people/artisans needing a place to have an office and workspace. The intent of this development is not to have the general public frequenting the proposed development; rather, it is to be a destination for the design and construction industry; and, WHEREAS, the buildings are to be condominiumized prior to individual sale; and, WHEREAS, the developer has agreed to build five (5) onsite employee housing rentals and will satisfy the remaining required housing unit by provided cash in lieu as further explained in the attached PUD guide and PUD Agreement; and, Page I of 7 WHEREAS, the development is proposed to built on 3.6 acres in west Edwards; and, WHEREAS, the Edwards Design and Craft Center is situated on one of the three lots which formally comprised a subdivision known as the Woodland Hills Planned Unit Development (see attached Exhibit' A'); and, WHEREAS, the Edwards Design Center PUD and the neighboring Fox Hollow PUD will combine efforts to create Highway 6 improvements and accesses to the two (2) development; and, WHEREAS, notice of the PUD Preliminary Plan were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, WHEREAS, at its public hearing(s) held June 1 st, 2005 the Eagle County Planning Commission, based upon its findings, recommended approval with conditions, of the proposed PUD Preliminary Plan; and, WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on June 14th, 2005 to consider this PUD Preliminary Plan application; and, WHEREAS, based on the evidence, testimony, exhibits, and 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 Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary Plan for PUD: (1) Unified ownership or controL The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or entity. (2) Uses. The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", The residential uses ARE uses allowed in the currently governing Woodland Hills PUD; however, the commercial uses ARE NOT currently Page 2 of 7 , , permitted in the underlying zone district. This finding HAS BEEN found positive with the approval of the requested Variations by the Board of County Commissioners. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified in the existing Planned Unit Development Guide for these properties; this finding HAS been found positive with the approval of the requested Variations by the Board of County Commissioners. (4) Off-Street Parking and Loading. The applicants HA VE demonstrated that off- street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. (5) Landscaping. It HAS been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. (6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide properly references that signs shall be as allowed pursuant to the Eagle County Land Use Regulations. A Comprehensive Sign Plan HAS been incorporated as part of the PUD Guide. (7) Adequate Facilities. The applicant HAS demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, ftre protection and roads and will be conveniently located in relation to schools, police and fIre protection, and emergency medical services. (8) Improvements. It HAS been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvement Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage (9) Compatibility with Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistent with Master Plan. The proposed Preliminary Plan IS entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, with the approval of the Exception to the FLUM by the Planning Commission.. (11) Phasing. A phasing plan IS NOT necessary for this development, as it shall be built in one phase. Page 3 of 7 (12) Common Recreation and Open Space. The PUD HAS NOT demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization; HOWEVER, it was found that 25% common open space would not further benefit this project. (13) Natural Resource Protection. The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. 3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) Consistent with Master Plan. The proposed Preliminary Plan IS entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, with the approval of the Exception to the Edwards Area Community Plan FLUM, by the Planning Commission. (2) Consistency with Land Use Regulations. The Applicant HAS demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (e) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served area. Page 4 of 7 (4) Suitability for Development. The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 4. Other. Requirements for a Zone Chanee In this instance, the subject property is already zoned 'PUD', albeit for a multi-family residential development. If Preliminary Plan approval is granted for the current request, a zone change will not be required since the property will remain zoned 'PUD' thus, the findings pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards. for amendment to the Official Zone District Map are not applicable. HOUSING GUIDELINES. - On April]3, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish a framework for discussion and negotiation of applicable housing criteria. The Housing Department comments were received at Sketch Plan. According to the Housing Department, the developer is deficient in their dedication of employee housing units by two (2) units; based on the original square footage utilized at Sketch Plan (52,685, seven units (7) were required to satisfy affordable housing needs. Since that determination, the applicant had decreased the overall square footage to 47, 755 sq ft. In response to this finding, and with calculations based on the Preliminary Plan square footage of 47,000 sq ft, the applicant has increased the onsite employee housing units from two (2) rental units, to five (5). These units will be available for employees of businesses within the development. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Preliminary Plan for Edwards Design and Craft Center PUD File No. PDP-00031 be and is hereby approved with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The buildings should utilize finish materials and colors designed to "blend" in with both the surrounding landscape and the neighboring Fox Hollow PUD. Page 5 of 7 3. All comments pursuant to the Engineering Memo, dated May 9th, 2005 regarding the Preliminary Plat must be addressed prior to the Final Plat submittal. 4. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading pertnit. The plan shall be kept onsite and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues at all times. 5. The sign plan found within the Edwards Design and Craft Center PUD Guide must be modified to be more comprehensive in nature; the plan should be similar to the standards found within the Eagle County Land Use Regulations. 6. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties. 7. In order to mitigate such impacts as noise and odors in the mixed use buildings, all commercial buildings which permit uses prone to constant or above average noise levels, or that utilize hazardous and/or malodorous chemicals must install mitigation controls when the buildings are constructed. 8. Any commercial use which may be prone to constant or above average noise levels, or that use hazardous and/or malodorous chemicals are required to utilize a mechanical vent system instead of openings to the exterior as a method of fresh air exchange. 9. Hours of operation for any commercial use which generates average to above average noise levels shall be limited to 7 am until 7 pm. 10. An easement for the proposed rockfall mitigation trench must be created and placed on the Edwards Design and Craft Center PUD Final Plat. Any potential rockfall hazard areas should also be delineated, with restrictions on what types of uses are permitted in this area. e.g. - passive recreational activities and/or accessories, including but not limited to: Horse shoe pits; picnic tables; etc. 11. The applicant must first receive either a temporary construction access permit or a highway access permit (issued from CDOT) prior to the issuance of a grading permit or the approval of the Edwards Design and Craft Center PUD Final Plat. 12. The 5th employee housing unit for Building E must be completed prior to either: the issuance of a TCO for the tenant fInish for Building E (if the developer constructs only the core and shell of the building); or, prior to the approval of the condominium plat (if the developer finishes the interior of Building E for occupancy). 14. The language in the PUD guide shall be modified to prohibit the conversion of employee housing unit into commercial space. Page 6 of 7 THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Sketch 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. Section 24-68-101, et seq. THAT 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 County commissioners~ County of Eagle, State of Colorado, at its regular meeting held this ~ay of ~ , 2005, nunc pro tunc to the 14th day of June, 2005. ATTEST: BY: ~J' Clerk to the Board of County Commissioners BY: Peter F. Runyon, Co BY: Tom C. Stone, Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi ~~ Commissioner Peter F. Runyon Commissioner Tom C. Stone This Resolution passed by ()(~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. Page 7 of 7 .,,-n ... 0 ."S2.>< tr C 3- ::J: ." -- 0 ::r ,- e~= -- C" oQ)O -. 0-< :IE ... . w."." ~ o-c: !c -. " 500 0 500 1000 1500 Feet SOt PI LEGEND I I I e an /'V Road Edgelines Lot 1- Veterinary Clinic _ Building Footprints Lot 2- Commercial/Office 6i:~~--'~- Lot 3- Four-plexes with Home Business Lot 4- Employee Residential/Commercial Tract A- Habitat for Humanity GENERA1. AND INFORMATIOIW. PURPOSES Tract B- Multi-use Open Space ONLY. EAGLE COUNTY DOES NOT /'. WAARIHT THE ACCURACY Of lliE Tract C- Private Road ' fAGLE O::X.NTr INFORMATION CONTAINED HEREIN. (!o~ - ~l\ "'S I PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: EDWARDS DESIGN & CRAFT CENTER File Number: PDP-00031 WHEREAS, on or about March 1St, 2005, Woodward Development, LLC (hereinafter referred to as the "Developer"), did file an application with the Eagle County Department of Community Development, State of Colorado, pursuant to Article 5 of the Eagle County Land Use Regulations, for a Preliminary Plan for the Edwards Design and Craft Center Planned Unit Development (hereinafter referred to as "PUD"), said development is a specialized development catering to the design and building trades located on a 3.6-acre property within the Community Center of Edwards. The project comprises a maximum of 49,700 square feet to be located in five buildings; and WHEREAS, concurrent with the approval of a Preliminary Plan for pun, the Developer and the Board of County Commissioners shall enter into a Planned Unit Development Agreement (hereinafter referred to as the "Agreement"), binding the PUD to any conditions placed in the Resolution and this Agreement; and WHEREAS, said Agreement shall include a Common Open Space/Landscape Plan and Housing Plan; and WHEREAS, said Agreement shall set forth how the landscaping proposed for the PUD will comply with Eagle County Land Use Regulations Section 4-240 Installation and Maintenance Requirements; and WHEREAS, said Agreement shall set forth how the Housing Plan proposed for the PUD will comply with Eagle County Land Use Regulations Section 5-240.A.6; Affordable Housing pursuant to Eagle County Housing Guidelines; and 1; WHEREAS, said Agreement shall ensure installation of necessary public improvements planned to accommodate the development; and WHEREAS, pursuant to Article 5-240.F.3.h. items (1) through (4) of the Eagle County Land Use Regulations, the Eagle County Board of Commissioners finds that the following shall set forth the performance section of this Planned Unit Development Agreement. NOW, THEREFORE, in consideration of approval of the Preliminary Plan for PUD, and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is agreed: 1. CONDITIONS IN THE RESOLUTION The PUD, including Developer and successive owners of any part thereof, is bound to all of the conditions placed in the Resolution approving the PUD Preliminary Plan. 2. COMMON OPEN SPACE AREASILANDSCAPE PLAN 2.1 Common Open Space Areas/Landscape Plan. Developer agrees to be bound by its verbal and written assurances as to its Common Open Space, and Landscape Plans. The Plans must outline the areas of common open space, parks, trails and recreation lands as may be provided. The Plan must specify how the preservation of these lands is to be implemented, identify deed or other restrictions against development and include terms by which any common areas are to be maintained. The Plan must be submitted with the application for Final Plat approval and must be approved by the Board of County Commissioners before approval of the Final Plat. 3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE 3.1 Landscape Plan. Developer agrees to submit with the application for Final Plat approval a Landscape Plan that complies with the Landscape Plan submitted with the Preliminary Plan and found to be in compliance with Section 4-240 Installation and Maintenance Requirements. Minor modifications may be approved provided that the Plan continues to comply with Section 4-240 Installation and Maintenance Requirements. The Landscape Plan must be approved by the Board of County Commissioners as part of a Subdivision Improvements Agreement prior to approval of the Final Plat. 3.2 Agreement to Collateralize Landscapin~. The Developer agrees to provide collateral in a form acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan will be installed in all public Rights of Way. Developer agrees to provide collateral for no less than one nundred and twenty- five percent (125%) of the estimated cost of the landscaping improvements. The Developer may provide collateral for each phase of a phased PUD. Developer agrees that the guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable. 3.3 Release of Landscape Collateral. As portions of the landscape improvements are completed, the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that the ten percent (10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 2 3.4 Public Improvements Agreement. Developer agrees to execute a Subdivision Improvements Agreement (hereinafter referred to as the "SIA") prior to approval of a Final Plat for PUD. The SIA will contain, among others, the following provisions: A. Specification of Improvements. The improvements to be installed shall be specified, and shall include requirements as set forth in Condition 5 of that Resolution approving File No. PDP 00031. B. Certificates of Insurance. The Developer shall secure from any contractor or subcontractor engaged in the work necessary to comply with the SIA a Certificate ofInsurance providing for liability protection in the minimum amount of $150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. The Developer, if it serves as the contractor for the PUD Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. C. County Incurs No Liabilitv. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the PUD and/or PUD Improvements specified in the final PUD Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the PUD Improvements, but all of said liabilities shall be and are hereby assumed by the Applicant. The Developer hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer may have. D. Collateral. Developer agrees to provide collateral in a form acceptable to the Eagle County Attorney to ensure public improvements are installed according to the development approval 3 for no less than one hundred percent (100%) of the estimated cost of public facility improvements, as estimated by the Developer and approved by the County Engineer. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved by the County Engineer. E. Warranty. The SIA shall provide for a warranty period of two (2) years following completion of the last of the improvements. F. Compliance with Land Use Regulations. The Developer shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of commencement of construction of the PUD Improvements referred to herein. G. Sole Responsibility of Applicant Prior to County Acceptance. The Developer agrees and understands that at all times prior to the completion and acceptance of the on and off-site PUD Improvements set forth in this Agreement and the SIA by the County, each of said improvements not accepted as complete shall be the sole responsibility and charge of the Developer. When it is necessary to allow the general public to utilize the roadways under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the Developer in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4. HOUSING PLAN The developer has agreed to the Housing Plan submitted with the Preliminary Plan Application requiring a commitment representing 6.25 dwelling units. A letter summarizing this Housing Plan is submitted as Exhibit A. This Plan requires the developer to construct 5 rental apartments as part of initial construction of the Edwards Design and Craft Center. One apartment shall be constructed within the loft space of each of the five buildings. The apartment shall be located in the southwest corner of each building. In addition to these five apartments, the Developer shall purchase one Housing Credit from the Developers of the Fox Hollow Planned Unit Development located on the surrounding property to the north and west and has included in its Planned Unit Development Guide a requirement for any tenant fInish within the project constructing 4 additional commercial loft space (excluding storage loft space) to contribute $1.74/square foot (adjusted pursuant to any change in the low income affordability gap referenced in the Eagle County Local Resident Housing Guidelines or as this affordability gap may be tracked in subsequently approved Housing Regulations) to Eagle County Housing Fund. These five apartments shall be rented in accordance with the guidelines outlined in Exhibit A. 5. GENERAL PROVISIONS 5.1 Severability. Whenever possible, each provision of this Agreement and any other related documents shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 5.2 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification is in writing and signed by all parties hereto. 5.3 Assignability. This Agreement shall be enforceable against the Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the subject PUD, the obligations of the Developer under this Agreement as to that portion of the subject PUD may be assumed in writing by the purchaser of the parcel, and the Developer shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the fmancial condition of the purchaser. The Developer shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 5.4 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 5.5 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5.6 Enforcement. At its sole option, the County may enforce the provisions of this Agreement and of any applicable deed restrictions and covenants in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of this Agreement and 5 of any applicable deed restrictions and covenants 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. 5.7 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mail, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to County: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 (970) 328-8685 Address for giving notice to Developer: Philip Woodward, Manager Woodward Development, LLC 770 Potato Patch Dr. #17 Vail, CO 81657 970-479-1949 6 ~ESS WHERE~es hereto have executed this Agreement this day of ~ ,2005. EAGLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT, Colorado By and Through Its ATTEST: BOARD OF TY COMMISSIONERS , By: C DEVELOPER: WOODWARD DE PMENT LLC 7 91anninJ \ .~\,.. services, inc. .$) . = ~ July 11, 2005 . Jena Skinner-Markowitz Planner Eagle County Department of Community Development P.O. Box 179 Eagle, CO 81631 Re: Edwards Design and Craft Center Dear Jena, As amended by the Planning Commission's recommended condition and approved by the Board of County Commissioners, the housing plan for the Edwards Design and Craft Center includes the following three elements: 1. Construction of 5 two bedroom apartments with the initial construction of the project. One of these apartments will be constructed with each of the five buildings. Each apartment will be a minimum of 950 square feet in size and will be located on the second floor of the south west corner of each building. See Floor Plans submitted with Preliminary Plan Application for general configuration of unit. 2. Purchase of one housing credit from Fox Hollow 3. Requirement in the Planned Unit Development Guide for a payment of $1. 74 per square foot-of any additional loft space constructed within the project as tenant finish. The above referenced housing,program fully addresses the 6.25 unit recommended by the formula contained in the Eagle County Housing Guidelines for the 49,700 maximum build- out of the Edwards Design and Craft Center. The end result is the construction of five on-site housing units, the construction of one housing unit located on in Fox Hollow, the adjacent property to the west, and the contribution of$17,750 to Eagle County Housing Fund as loft space is constructed. box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 kps@Vail.net The plan for the 5 on site apartments is that they are made available first to either employees! owner of the business that occupies the commercial space containing apartment or other employees within the Edwards Design and Craft Center. Any vacancy would be offered to these individuals for one month. If there is no interest from that group the apartment would be offered to any person that is a full time employee of any business within Eagle County. As part of any lease for these apartments, the lease language would include disclosure information regarding potential noise and other impacts from the uses allowed in the Edwards Design and Craft Center. (This disclosure was requested from Ray Merry, Director of Environmental Health) We suggest that these commitments be made part of the Planned Unit Development Agreement to be recorded with the property. Yours truly, ~~ --.- . Cc: K T. Gazunis, Phil Woodward Edwards Design & Craft Center Planned Unit Development Guide August 4, 2005 A Introduction This Planned Unit Development Guide is the land use control document for the Edwards Design & Craft Center Planned Unit Development. This document establishes the land use, development controls and building standards for any and all construction within this project's boundaries. Any matter not explicitly addressed in this document is regulated by the Eagle County Land Use Regulations. B. Administration 1. Purpose The purpose of the Planned Unit Development Guide (Guide) is to ensure the orderly development of the Edwards Design & Craft Center Planned Unit Development. The Guide substitutes the standard zoning provisions of Eagle County Land Use Regulations with site-specific provisions based on a detailed examination of the property and its proposed showroom, shop and office uses. The provisions contained within this Planned Unit Development Guide replace those of the Eagle County Land Use Regulations. 2. Enforcement Eagle County shall enforce the provision set forth in this Guide through the refusal to approve any application for building permit or certificate of occupancy for any building or structure within this property if it is not in compliance with this Planned Unit Development Guide. 3. Conflict The specific provisions contained within this Guide shall take precedence over the provisions contained elsewhere in the Eagle County Land Use Regulations. Where this Planned Unit Development Guide is not full and explicit, the Eagle County Land Use Regulations, as amended from time to time, shall apply. C. Permitted Land Uses 1. Permitted Land Uses See list of uses allowed within the Edwards Design & Craft Center attached to this P.U.D. Guide as Appendix A. All of these permitted uses listed in Appendix A are required to be located within a building. No outside uses or outside storage of materials is permitted within the Planned Unit Development. Certain uses as noted on the Permitted Land Use Table require special review by the Eagle County Department of Community Development prior to occupancy. No establishment shall be engaged in primary retail sales to the general public. Sales of products and material shall be geared to the trades with only incidental sales allowed to the general public. 2. Open Space Recreation Uses for residents and employees of the Planned Unit Development, landscape improvements and storm drainage. 3. Road / Access Access is allowed only within designated road/driveways as shown on the Development Plan attached as Appendix B. 4. Parking Parking as shown on the Development Plan attached as Appendix B. No overnight parking of heavy construction equipment shall be allowed in the parking lot in front of Buildings A and C. 5. Residential One residential two -bedroom apartment (as generally shown on the plans submitted as Appendix C to this Guide) is permitted to be constructed in the loft space in the southwest corners of Buildings A, B, C, D and E. Construction of these residential apartments in Buildings A, B, C, D and E shall occur during the initial construction of the core and shell of the buildings. All of the above-referenced apartments are provided as workforce housing and shall only be occupied according to the procedures outlined in The Planned Unit Development Agreement for Edwards Design & Craft Center. The square footage of these units is not included in the permitted allowances of floor area regulated by this Planned Unit 2 Development Guide. In no case shall these residential units be converted to or used as commercialllight industrial space. Additional workforce housing within the development is permitted in the form of a studio apartment to be constructed within the loft space of a commercial condominium unit during the tenant finish stage of the development. In no event shall any commercial condominium unit within the development have more than one residential unit constructed within its loft space. (Studio apartments are not allowed within the commercial condominium unit containing the above-referenced two bedroom apartments.) Studios can only be used for employees of the business that occupies the commercial space. The square footage of these optional studio apartments is in addition to the floor area otherwise permitted as loft space by this Planned Unit Development Guide. No residential unit shall be sold separately from the commercial condominium unit to which it is attached. The five residential units constructed with this project as work-force housing shall be rented out to employees within the business first, to employees within the Edwards Design & Craft Center second. Only after a specified amount of time during which it has been advertised for employees within the Edwards Design & Craft Center, can it be made available to employees within Eagle County. See Planned Unit Development Agreement. D. Dimensional Limitations 1. Construction of all buildings shall be as shown on the Development Plan (Appendix B). 2. Maximum Size of any space occupied by one business: 7,000 s.f 3. Maximum Floor Area Permitted * Building A: Total: 10,650 s.f (8,360 s.f original plus 20% ofbaseplate** as tenant finish allowance for habitable loft space) Building B: Total: 11,250 s.f (8,800 s.f original plus 20% of baseplate as tenant finish allowance for habitable loft space) Building C: Total: 10,400 s.f (8,250 s.f original plus 20% of baseplate as tenant finish allowance for habitable loft space) 3 Building D: Total: 10,600 s.f. (8,500 s.f. original plus 20% of baseplate as tenant finish allowance for habitable 10ft space) Building E: Total: 6,800 s.t: (5,600 s.f. original plus 20% of baseplate as tenant finish allowance for habitable loft space) * Storage areas located on a mezzanine/loft level are not included in Floor Area calculations. The space inside a building that can be used as garage space is included in Floor Area calculation and is part of the permitted Floor Area regulated by this Planned Unit Development Guide. In all other applications, Floor Area shall be as defined in the Eagle County Land Use Regulations and/or as approved in the development plans that are part of the Preliminary Plan for the Edwards Design & Craft Center. ** Baseplate is defined as the gross ,fIrst floor area of the condominium unit measured from the outside edge of walls inclusive of any basement area. 4. Maximum Impervious Lot Coverage As shown on Development Plan attached. 5. Building Height 33 feet measured per ECLUR 6. Building Setbacks All building construction shall be located in general conformance with the Development Plan as shown on Appendix B. Overall parcel boundary setbacks. are as follows: Front: 85 feet Side (East): 20 feet Side (West): 25 feet Rear: 20 feet 4 * Roof overhangs, exterior decks, stairways, and service utility structures are allowed within setbacks. 7. Fire Break A minimum 20-foot wide area of native grass or pavement shall be provided along the southerly boundary of the project between the natural, undisturbed vegetation and any structure. Exterior of all buildings shall be constructed using fire resistive materials. 8. Minimum Size of Commercial Condominium Unit Any space occupied by one business shall contain a minimum baseplate of 800 square feet. This minimum size requirement does not apply to space occupied by the Edwards Design & Craft Center Property Management Office. 9. Parking 1 space per 400 square feet of Floor Area. (Garage space is counted as 1 parking space.) E. Construction Requirements 1. Roofing R-panel screw-down metal roofing or equivalent (kynar, or equivalent, color-coated dark green). 2. Building Materials A mixture of stucco, cotten steel or equivalent with wood timber accents. 3. Exterior Colors Roof: Dark Green Walls and Garage Doors: Earth Tones 4. Insulation In addition to the standard thermal insulation required by the Building Code, all exterior building walls must include sound insulation to ensure that any noise created by operations within the shops do not negatively impact the use and enjoyment of properties located adjacent to the Edwards Design & Craft Center. Any unit to be occupied by a use 5 involving fabrication or machinery producing noise must insulate the exterior wall(s) sufficiently to meet noise performance standards included in the Eagle County Land Use Regulations at the property boundary of the Edwards Design & Craft Center. 5. Building design must be generally in accord with elevations attached as Appendix D. 6. All space within the proposed development will adhere to Ventilation Standard 62-1989 published by the American Society of Heating, Refrigeration and Air Conditioning Engineers, which allows for a healthy fresh air exchange rate for occupants of the building. 7. Any painting, lacquering, spraying or other activity creating noxious fumes shall be carried out in an enclosed, UL. approved spray booth. 8. All floor and sink drains will be designed with appropriate traps or filtration systems to meet Eagle River Water and Sanitation District's standards for wastewater. 9. Windows All windows shall be double-glazed thermal pane, color-clad windows to complement the earth tones of the building. No additional storm doors or windows shall be allowed. 10. Garage Doors on the north facades of Buildings A and C - Maximum Height 12 feet. F. LandscapinglLighting and Signage Requirements/Maintenance L Landscape Plan The Landscape Plan shall incorporate drought tolerant trees and bushes. Species of trees and bushes shall be selected for their year-round screening properties. Grasses shall also be drought tolerant species and allowed to reach maturity each season. Landscaping around each building will include stone mulching between plantings. Automatic, water efficient drip irrigation system shall be installed. The Landscape Plan for each phase of construction must generally comply with the overall Landscape Plan included in Exhibit C of this application. 4 to 6 foot high earthen berms along the property's western side shall be constructed with the first phase of the development in accordance with the 6 Landscape Plan as approved in the Preliminary Plan Application for the Edwards Design & Craft Center. Landscape berms are permitted in any of the open space areas shown on the Development Plan. Landscape materials are permitted to be planted on the berms. 2. Lighting a. All illumination of the building entrances and signage shall be downlit with concealed luminaries. Any driveway intersection light posts will also use down lighting. b. All exterior lighting will provide cutoff shields to ensure that illumination is directed downward and does not extend onto adjacent property. c. Maximum Height of Driveway Lighting: 20 ft. d. All exterior lighting shall be high-pressure sodium or equivalent. (Design objective is to assure that lighting levels and light quality are compatible with the surrounding area.) 3. Fences No interior or continuous exterior security or privacy fencing is permitted. G. Miscellaneous 1. Wood burning No wood burning devices are permitted within the Planned Unit Development. (Wood burning device is as defined in the Eagle County Land Use Regulations) No burning of waste materials is permitted. 2. Maintenance The access roads, exterior parking, open space landscaping and drainage structures shall be maintained by the Property Owners Association. The Property Owners Association shall prepare budgets and establish monthly dues to cover the costs of the above-referenced responsibilities. A separate fund is to be established for building maintenance purposes. 7 3. Notification of sale or change in use The Edwards Design & Craft Center Property Owners Association shall be notified in writing whenever a unit is sold, there is a change in tenancy or the use within the condominium unit changes. Notification shall include a discussion of the uses intended for property and contact person responsible for the business operations. 4. Written approval by Property Owners Association is required prior to the issuance of any building permits for tenant finish. 5. Any storage or use of materials within the development defined as hazardous substances by local, state or federal regulations must comply with all applicable regulations. Owner/tenant shall prepare a customized spill, containment, and counter measure plan approved by Eagle County prior to use or storage of any hazardous substance within any unit. This customized spill and containment plan will be considered as a supplement to the overall Hazardous Materials Contingency Plan prepared for the Development and attached to this Planned Unit Development Guide as Appendix E. These site specific, customized, Spill, Containment and Countermeasure Plans shall be collected and maintained by the Property Owners Association and shall act as the Hazardous Substance Management Plan for the Edwards Design and Craft Center. This Plan shall be made available to the public upon request. 6. Eagle County's Commercial and Industrial Performance Standards shall be applied at the perimeter property boundary of the Edwards Design and Craft Center Planned Unit Development. These performance standards shall not apply to the condominium ownership boundary lines located in the interior of the property. 1. Future Subdivision Commercial condominium units are permitted within the 5 buildings comprising the Edwards Design & Craft Center. However, any residential unit may not be sold separately from the commercial condominium space to which it is attached. 8. Storage of Materials All storage of materials must be located within the buildings. No outside storage is permitted. 8 9. Prior to a building permit/grading permit being issued for the construction of the 5 buildings permitted within this Planned Unit Development Guide, A Dust Suppressant Plan shall be submitted to and approved by Eagle County's Environmental Health Department. H. Hours of Operation 6:00 a.m. to 10:00 p.m. Any extension of these hours of operation requires a Special Use Permit from Eagle County. 1. Signs All signs within the Edwards Design & Craft Center must comply with the provisions of Section 4.3 of the ECLUR, unless permitted herein. Permitted Signs: 1. Monument Signs Location: P.U.D. Entrance Maximum Size: 4'H x 8'W Features: Constructed as a stand-alone, base mounted structure with materials to match the building architecture. Lighting: Externally illuminated or shielded down light placed in sign structure. 2. Commercial Tenant Signage Each individual commercial tenant shall be allowed a 20 square foot sign. Internally illuminated "canned" signs shall not be allowed. Multiple tenant signs on each individual building must match in material, design/font style and color. Signs must match the architecture of the buildings. A directory sign identifying the individual businesses within the building. The directory sign shall not exceed 40 square feet in area or 6 feet in height. 3. Other Signage Including Directional Signage Location: Throughout site as required for life-safety, direction, usage and for boundary delineation. 9 Maximum Size: 16 square feet or as is required by code. Features: Colors and style to be consistent throughout each individual site. See Eagle County Land Use Regulations for further details on permitted directional and miscellaneous signage. 4. Construction Signs Each building shall be allowed one construction sign not to exceed 32 square feet in area. The construction sign may include the name of the building, a graphic representation of the building and a list of involved entities. 1. Housing Fees Any building permit for tenant finish that includes construction of additional floor area pursuant to Paragraph D.3 of this Planned Unit Development Guide shall contribute $1.74 per square foot of additional commercial loft space (excluding storage loft space) to Eagle County as part of the affordable housing contribution of the Edwards Design & Craft Center. This payment of $1. 74 per square foot shall be adjusted upward based any increases in the amount of the low income affordability gap referenced in the Eagle County Local Resident Housing Guidelines (or subsequently approved Housing Regulations) between 2005 and the year in which the payment is made. This is in addition the Edwards Design and Craft Center's contribution of five apartments to be constructed on-site. 10 Appendix A Edwards Design and Craft Center Permitted Land Uses * 1,2,9 2 = Permitted Use Building Number .... n:> ~ A B C D E Show Room, Office, and Storage Space for Specialty Suppliers to R R R R R 3 the Building Industry: Windows, Doors, Tile, Stone, Wood Flooring, Carpet, Paint, Closet Systems, Millwork, Tools, Door and Bath Hardware, Fireplaces, Cabinets, Pools, Sauna & Hot Tub, Plumbing Fixtures, Lighting Offices for Building and Land Design Companies such as: R R R R R Design/Build Companies, Architects, Engineers, Planners Shop, With Associated Storage and Office Space for Building R R R R R Artisans Such As: Carpenters, Glaziers, Plasterers, Tile Setters, Flooring Installers, Carpet Layers, Painters, Wall Paper Hangers, Model Makers, Sign and Awning Makers, Fire Protection Companies, Closet Installers, Locksmiths, Plumbers, Mechanical Contractors, Electricians, Low Voltage and A V Systems Suppliers and Installers, Alarm Companies Shop, With Associated Storage and Office for Metal Workers, N S N N S 10, Cabinet Makers, Custom Wood Trim Shops, Stone Fabricators, Machinists (Special Review Required) 12 Shop, With Associated Storage and Office for Service Companies R R R R R including: Property Management Companies, Home and Commercial Cleaning Services, Window Cleaners, Carpet Cleaners Custom Furniture Craft and Incidental Sales R R R R R 4, 11 Administrative Offices for Contractors R R R R R Manufacture and Assembly of Custom Sporting Equipment for R R R R R Mountain Sports such as Cycling, Camping, Kayaking and Rafting, Golf, Skiing and Snowboarding 11 Administrative Office and Warehouse for Retailers and Wholesale R R R R R Suppliers to the Hotel and Restaurant Industries On Site Security/Administration Offices as Primary Use R R R R R Specialty Storage for items such as Collectibles, Art, Antique Cars R R R R R Appliance Service or Repair R R R R R Commercial Bakery with Incidental Sales R R N N R 5 Catering Facility R R R R R 6 Residential R R R R R 7 R = Use by Right; N= Not Allowed; S=Special Review * Notes: 1. Includes offices related to business uses. 2. AU operations and material storage shall occur entirely within the buildings. 3. These are to be establishments for wholesale sales to the building industry such as architects, designers, decorators and contractors and their clients with incidental sales to the general public. 4. Incidental sales to include wholesale sales and occasional sales to individuals. Does not include retail furniture showroom. 5. Incidental sales to include wholesale sales and occasional sales to individuals. Does not include retail bakery or restaurant with on site consumption. 6. Includes food preparation for off site consumption. No restaurant or on site consumption allowed. 7. Residential units shall be incorporated in the loft space above work spaces, and are intended for the primary occupancy of employees of businesses within the Edwards Design and Craft Center. Five workforce housing units not to exceed 1,200 s.f. shall be constructed in Buildings A, B, C, D and E during the initial construction of the buildings. One studio apartment not to exceed 300 s.f. may be constructed in any unit not already containing a residential apartment. 8. Activities to be limited to wholesaling only. No retail applications shall be permitted. 9. Determination of Similar Use. The Community Development Director determines that the proposed use is sufficiently similar to a use listed in the Table. A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. 10. Special review by Community Development Department to insure compliance with aU regulatory agencies regarding fire suppression and ventilation standards. 11. Operating hours of any of these uses located below one of the five residential apartments permitted within this PUD shall be from 7:00 A.M. to 9:00 P.M. 12. Hours of operation limited to 7:00 A.M. to 7 P.M. for operations generating above average noise levels. P:\1300. 1399\1332\dw9\ 1332-SlI'E.cIwq, EDf 4/1/2005 4:49:88 PM, Appe ndix B Romeo . i"" I ~ I ' , I -, I ~ " , ~ : ..J : .. , I , . I I I "- I. '", , I II - ! , r~ ~i I I II I ' I I I I ___~ I -------l --- e ' ,~ . ,: \) ~ . ! I! I r~ i II .! ,'i ! ~iI I ~iI ~:~ ',ll~ I---~-- ,---. I' ---It I ] I 1 I _h, ] I I I I .1 -- .~ l f. ~ ~! ~ . . ~ I en ~ ~ ~ ~ ~ :. :-':...:::::: :;: FOX HOLLOW & EDWARDS DESIGN AND CRAFT CENTER I~I~.". 0 o :x: ! ~ ~ J EDWARDS, EAGlE COUNTY, COLORADO 1~1~ . 1J m .. ., r -i " I - g~~~ ... DA _ ., . DEVELOPMENT PLAN ~ i ~. () )( =e c: CD a. a. -....- .. - ...... .....<18 . . .' . .. .......-.~ -.' .&-</tl ..... .t1I-I<Wt" .} <( . "". . . p . n .. I Ii = ! .~ ~ ~ ~I J, J I '. =; ~j ~ ;~ ., l't""",",.4t. ~. 1oA",,- !; l' ro~ ': T I . 1"1" .., I z;l>/.,r !'-!;c:;.!-:.; Lllli/'l".... .:.;~. ."-' . 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I I - I '- , " . ..:.-r--__c__ .. . .~ : .. . ,-~ . .', - -. ,NOR11-r: _ ELEVATION .' ._-- "-- 'J~ST.. ELEVATION :: 'x ~;"..il-t>;" Appendix E "1 jIl. t Hazardous Materials Plan 1. Each business located within the Edwards Design and Craft Center that uses any toxic or hazardous substances must provide the Property Owners Association and the Eagle River Fire Protection District with a Hazardous Materials Plan. The property owner shall notify the Property Owners Association and the Eagle River Fire Protection District upon the change in use of any unit that has previously submitted a Hazardous Materials Plan. Contents of the plan shall include: 1. Types and amounts of any hazardous or toxic substances used or stored in the space. 2. Diagram showing the location within the unit of where the materials are stored and the method of storage. 3. Spill Prevention, Control and Counter-Measure Plan. This Plan shall to include a discussion of safeguards used in the operation to prevent spills and protocol to follow if a spill were to occur either on site or in parking and access driveways. Key emergency contact numbers should clearly displayed on premises. Additional information regarding the contents of a Spill Prevention, Control and Counter- Measure Plan can be obtained from the Eagle County Environmental Health Department. 4. Method of disposal of any waste materials Commissioner moved adoption of the folIo g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - I ~ APPRO V AL OF THE EDWARDS DESIGN AND CRAFT CENTER PUD PRELIMINARY PLAN FILE NO. PDP-00031 WHEREAS, on or about March 1St, 2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by Woodward Development, LLC (hereinafter "Applicant") for approval of a Planned Unit Development Preliminary Plan for the Edwards Design and Craft Center Planned Unit Development, File No. PDP-00031; and, WHEREAS, the Applicant requested approval of a PUD Preliminary Plan which would allow the creation ofa mixed use PUD which is comprised of up to 49,700 sq feet of commercial/light industrial/design industry spaces to be used for: office, showrooms and shop spaces for specialty construction suppliers (e.g. tile, lighting, flooring, fireplaces,); craftspeople (e.g. cabinet makers; custom furniture makers, etc.); and other commercial and/or related industry uses such as a commercial bakery; specialized sporting goods assembly shop; appliance service and repair; professional offices for designers, planners and architects; and specialty storage for antiques, art, etc.; and, WHEREAS, the proposed uses are intended to accommodate wholesale clientele and crafts people/artisans needing a place to have an office and workspace. The intent of this development is not to have the general public frequenting the proposed development; rather, it is to be a destination for the design and construction industry; and, WHEREAS, the buildings are to be condominiumized prior to individual sale; and, WHEREAS, the developer has agreed to build five (5) onsite employee housing rentals and will satisfY the remaining required housing unit by provided cash in lieu as further explained in the attached PUD guide and PUD Agreement; and, Page 1 of 7 WHEREAS, the development is proposed to built on 3.6 acres in west Edwards; and, WHEREAS, the Edwards Design and Craft Center is situated on one of the three lots which formally comprised a subdivision known as the Woodland Hills Planned Unit Development (see attached Exhibit' A'); and, WHEREAS, the Edwards Design Center PUD and the neighboring Fox Hollow PUD will combine efforts to create Highway 6 improvements and accesses to the two (2) development; and, WHEREAS, notice of the PUD Preliminary Plan were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-210.E; and, WHEREAS, at its public hearing(s) held June 1 st, 2005 the Eagle County Planning Commission, based upon its findings, recommended approval with conditions, of the proposed PUD Preliminary Plan; and, WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on June 14th, 2005 to consider this PUD Preliminary Plan application; and, WHEREAS, based on the evidence, testimony, exhibits, and 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 Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary Plan for PUD: (1) Unified ownership or control. The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or entity. (2) Uses. The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The residential uses ARE uses allowed in the currently governing Woodland Hills PUD; however, the commercial uses ARE NOT currently Page 2 of 7 permitted in the underlying zone district. This finding HAS BEEN found positive with the approval of the requested Variations by the Board of County Commissioners. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified in the existing Planned Unit Development Guide for these properties; this finding HAS been found positive with the approval of the requested Variations by the Board of County Commissioners. (4) Off-Street Parking and Loading. The applicants HA VE demonstrated that off- street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. (5) Landscaping. It HAS been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. (6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide properly references that signs shall be as allowed pursuant to the Eagle County Land Use Regulations. A Comprehensive Sign Plan HAS been incorporated as part of the PUD Guide. (7) Adequate Facilities. The applicant HAS demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvement Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage (9) Compatibility with Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistent with Master Plan. The proposed Preliminary Plan IS entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, with the approval of the Exception to the FLUM by the Planning Commission.. (11) Phasing. A phasing plan IS NOT necessary for this development, as it shall be built in one phase. Page 3 of 7 (12) Common Recreation and Open Space. The PUD HAS NOT demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization; HOWEVER, it was found that 25% common open space would not further benefit this project. (13) Natural Resource Protection. The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. 3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) Consistent with Master Plan. The proposed Preliminary Plan IS entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, with the approval of the Exception to the Edwards Area Community Plan FLUM, by the Planning Commission. (2) Consistency with Land Use Regulations. The Applicant HAS demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served area. Page 4 of 7 (4) Suitability for Development. The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development ofthe property, and existing and probable future public improvements to the area. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 4. Other. Requirements for a Zone chane:e In this instance, the subject property is already zoned 'PUD', albeit for a multi-family residential development. If Preliminary Plan approval is granted for the current request, a zone change will not be required since the property will remain zoned 'PUD' thus, the findings pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards. for amendment to the Official Zone District Map are not applicable. HOUSING GUIDELINES. - On April]3, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish a framework for discussion and negotiation of applicable housing criteria. The Housing Department comments were received at Sketch Plan. According to the Housing Department, the developer is deficient in their dedication of employee housing units by two (2) units; based on the original square footage utilized at Sketch Plan (52,685, seven units (7) were required to satisfy affordable housing needs. Since that determination, the applicant had decreased the overall square footage to 47, 755 sq ft. In response to this finding, and with calculations based on the Preliminary Plan square footage of 47,000 sq ft, the applicant has increased the onsite employee housing units from two (2) rental units, to five (5). These units will be available for employees of businesses within the development. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Preliminary Plan for Edwards Design and Craft Center PUD File No. PDP-00031 be and is hereby approved with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The buildings should utilize finish materials and colors designed to "blend" in with both the surrounding landscape and the neighboring Fox Hollow PUD. Page 5 of 7 3. All comments pursuant to the Engineering Memo, dated May 9th, 2005 regarding the Preliminary Plat must be addressed prior to the Final Plat submittal. 4. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsite and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues at all times. 5. The sign plan found within the Edwards Design and Craft Center PUD Guide must be modified to be more comprehensive in nature; the plan should be similar to the standards found within the Eagle County Land Use Regulations. 6. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties. 7. In order to mitigate such impacts as noise and odors in the mixed use buildings, all commercial buildings which permit uses prone to constant or above average noise levels, or that utilize hazardous and/or malodorous chemicals must install mitigation controls when the buildings are constructed. 8. Any commercial use which may be prone to constant or above average noise levels, or that use hazardous and/or malodorous chemicals are required to utilize a mechanical vent system instead of openings to the exterior as a method of fresh air exchange. 9. Hours of operation for any commercial use which generates average to above average noise levels shall be limited to 7 am until 7 pm. 10. An easement for the proposed rockfall mitigation trench must be created and placed on the Edwards Design and Craft Center PUD Final Plat. Any potential rockfall hazard areas should also be delineated, with restrictions on what types of uses are permitted in this area. e.g. - passive recreational activities and/or accessories, including but not limited to: Horse shoe pits; picnic tables; etc. 11. The applicant must first receive either a temporary construction access permit or a highway access permit (issued from CDOT) prior to the issuance of a grading permit or the approval of the Edwards Design and Craft Center PUD Final Plat. 12. The 5th employee housing unit for Building E must be completed prior to either: the issuance of a TCO for the tenant finish for Building E (ifthe developer constructs only the core and shell of the building); or, prior to the approval of the condominium plat (if the developer finishes the interior of Building E for occupancy). 14. The language in the PUD guide shall be modified to prohibit the conversion of employee housing unit into commercial space. Page 6 of 7 THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Sketch 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. Section 24-68-101, et seq. THAT 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 County commissio~ County of Eagle, State of Colorado, at its regular meeting held this ~ay of. , 2005, nunc pro tunc to the 14th day of June, 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF C TY COMMISSIONERS #' BY: Clerk to the Board of County Commissioners BY: Tom C. Stone, Commissioner Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi ~ Commissioner Peter F. Runyon Commissioner Tom C. Stone ~ This Resolution passed by 0(;;- vote of the Board of Countv Commissioner of the " County of Eagle, State of Colorado. Page 7 of 7 O)m ~c. " c.~ m c nO) >< " ." Ql a. ~ oc:=cn 2:! gCnc -I W (I) (I) )> ~ ~~. . .....cc ~ ~ West Edwards ~ ... LEGEND 500 0 500 1000 1500 Feet /'V Road Edgelines I I _ Building Footprints ~arcels ,/" USE OF THIS MAP SHOUlD BE FOR Fox Hollow GENERAl AND INFDRMA TlONAL PURPOSES T'i . ONLY EAGlE COUNTY DOES NOT ' ract A- Habitat for Humanity ,( ;(;( WARRANT THE ACCURACY OF THE . ,^"rc&"" ~TIOO_~ro_. Tmct ~ Muff/-use Open Space CDS 311 - PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: EDWARDS DESIGN & CRAFT CENTER File Number: PDP-00031 WHEREAS, on or about March 1 st, 2005, Woodward Development, LLC (hereinafter referred to as the "Developer"), did file an application with the Eagle County Department of Community Development, State of Colorado, pursuant to Article 5 of the Eagle County Land Use Regulations, for a Preliminary Plan for the Edwards Design and Craft Center Planned Unit Development (hereinafter referred to as "PUD"), said development is a specialized development catering to the design and building trades located on a 3.6-acre property within the Community Center of Edwards. The project comprises a maximum of 49,700 square feet to be located in five buildings; and WHEREAS, concurrent with the approval of a Preliminary Plan for pun, the Developer and the Board of County Commissioners shall enter into a Planned Unit Development Agreement (hereinafter referred to as the "Agreement"), binding the PUD to any conditions placed in the Resolution and this Agreement; and WHEREAS, said Agreement shall include a Common Open Space/Landscape Plan and Housing Plan; and WHEREAS, said Agreement shall set forth how the landscaping proposed for the pun will comply with Eagle County Land Use Regulations Section 4-240 Installation and Maintenance Requirements; and WHEREAS, said Agreement shall set forth how the Housing Plan proposed for the PUD will comply with Eagle County Land Use Regulations Section 5-240.A.6; Affordable Housing pursuant to Eagle County Housing Guidelines; and WHEREAS, said Agreement shall ensure installation of necessary public improvements planned to accommodate the development; and WHEREAS, pursuant to Article 5-240.F.3.h. items (1) through (4) of the Eagle County Land Use Regulations, the Eagle County Board of Commissioners finds that the following shall set forth the performance section of this Planned Unit Development Agreement. NOW, THEREFORE, in consideration of approval of the Preliminary Plan for PUD, and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is agreed: 1. CONDITIONS IN THE RESOLUTION The PUD, including Developer and successive owners of any part thereof, is bound to all of the conditions placed in the Resolution approving the PUD Preliminary Plan. 2. COMMON OPEN SPACE AREAS/LANDSCAPE PLAN 2.1 Common Open Space Areas/Landscape Plan. Developer agrees to be bound by its verbal and written assurances as to its Common Open Space, and Landscape Plans. The Plans must outline the areas of common open space, parks, trails and recreation lands as may be provided. The Plan must specify how the preservation of these lands is to be implemented, identify deed or other restrictions against development and include terms by which any common areas are to be maintained. The Plan must be submitted with the application for Final Plat approval and must be approved by the Board of County Commissioners before approval of the Final Plat. 3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE 3.1 Landscape Plan. Developer agrees to submit with the application for Final Plat approval a Landscape Plan that complies with the Landscape Plan submitted with the Preliminary Plan and found to be in compliance with Section 4-240 Installation and Maintenance Requirements. Minor modifications may be approved provided that the Plan continues to comply with Section 4-240 Installation and Maintenance Requirements. The Landscape Plan must be approved by the Board of County Commissioners as part of a Subdivision Improvements Agreement prior to approval of the Final Plat. 3.2 Agreement to Collateralize Landscaping. The Developer agrees to provide collateral in a form acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan will be installed in all public Rights of Way. Developer agrees to provide collateral for no less than one hundred and twenty- five percent (125%) of the estimated cost of the landscaping improvements. The Developer may provide collateral for each phase of a phased PUD. Developer agrees that the guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable. 3.3 Release of Landscape Collateral. As portions of the landscape improvements are completed, the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that the ten percent (10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 2 3.4 Public Improvements Agreement. Developer agrees to execute a Subdivision Improvements Agreement (hereinafter referred to as the "SIA") prior to approval of a Final Plat for PUD. The SIA will contain, among others, the following proVISIOns: A. Specification of Improvements. The improvements to be installed shall be specified, and shall include requirements as set forth in Condition 5 of that Resolution approving File No. PDP 00031. B. Certificates of Insurance. The Developer shall secure from any contractor or subcontractor engaged in the work necessary to comply with the SIA a Certificate of Insurance providing for liability protection in the minimum amount of$150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. The Developer, if it serves as the contractor for the PUD Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. C. County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the PUD and/or PUD Improvements specified in the final PUD Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the PUD Improvements, but all of said liabilities shall be and are hereby assumed by the Applicant. The Developer hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer may have. D. Collateral. Developer agrees to provide collateral in a form acceptable to the Eagle County Attorney to ensure public improvements are installed according to the development approval 3 for no less than one hundred percent (100%) of the estimated cost of public facility improvements, as estimated by the Developer and approved by the County Engineer. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved by the County Engineer. E. Warranty. The SIA shall provide for a warranty period of two (2) years following completion of the last of the improvements. F. Compliance with Land Use Regulations. The Developer shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of commencement of construction of the PUD Improvements referred to herein. G. Sole Responsibility of Applicant Prior to County Acceptance. The Developer agrees and understands that at all times prior to the completion and acceptance of the on and off-site PUD Improvements set forth in this Agreement and the SIA by the County, each of said improvements not accepted as complete shall be the sole responsibility and charge of the Developer. When it is necessary to allow the general public to utilize the roadways under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the Developer in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4. HOUSING PLAN The developer has agreed to the Housing Plan submitted with the Preliminary Plan Application requiring a commitment representing 6.25 dwelling units. A letter summarizing this Housing Plan is submitted as Exhibit A. This Plan requires the developer to construct 5 rental apartments as part of initial construction of the Edwards Design and Craft Center. One apartment shall be constructed within the loft space of each of the five buildings. The apartment shall be located in the southwest corner of each building. In addition to these five apartments, the Developer shall purchase one Housing Credit from the Developers of the Fox Hollow Planned Unit Development located on the surrounding property to the north and west and has included in its Planned Unit Development Guide a requirement for any tenant finish within the project constructing 4 additional commercial loft space (excluding storage 10ft space) to contribute $1.7 4/square foot (adjusted pursuant to any change in the low income affordabi1ity gap referenced in the Eagle County Local Resident Housing Guidelines or as this affordability gap may be tracked in subsequently approved Housing Regulations) to Eagle County Housing Fund. These five apartments shall be rented in accordance with the guidelines outlined in Exhibit A. 5. GENERAL PROVISIONS 5.1 Severability. Whenever possible, each provision of this Agreement and any other related documents shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such subsection or document. 5.2 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification is in writing and signed by all parties hereto. 5.3 Assignability. This Agreement shall be enforceable against the Developer, provided, however, that in the event the Developer sells, transfers or assigns all or part of the subject PUD, the obligations of the Developer under this Agreement as to that portion of the subject PUD may be assumed in writing by the purchaser of the parcel, and the Developer shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Developer shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 5.4 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 5.5 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5.6 Enforcement. At its sole option, the County may enforce the provisions of this Agreement and of any applicable deed restrictions and covenants in the same manner and with the same remedies applicable to the enforcement of land use regulations pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time, or as otherwise provided by law. Alternatively, the terms of this Agreement and 5 of any applicable deed restrictions and covenants 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. 5.7 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mail, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to County: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 (970) 328-8685 Address for giving notice to Developer: Philip Woodward, Manager Woodward Development, LLC 770 Potato Patch Dr. #17 Vail, CO 81657 970-479-1949 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this {)? day of 6~ ,2005. EAGLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT, Colorado . By and Through ATTEST: 4 "'/~_-~Cb BOARD OF C Y COMMISSIONERS l' /~,\'f~dl \t;-~, ~~),~\ .\;h~!l.!.J } >( "',<1':, \\~~,,~r*TiJ~/~ - ~ . - '., v .. .. .....~ .~,~, A.' th d f ./,,,"0, ".,r,..y.t<' Ch . Clerk to e Boar 0 '1"." "''':4;4' 'Q!;{;""yf7/'P; County Commissioners DEVELOPER: WOODWARD DEVELOPMENT LLC ~~ By: . hilip Woodward, Manager 7 \, t>lanninJ . i . ~ . . servIces, Inc. l$) < =: ~ July.Il,2005 Jena Skinner-Markowitz Planner Eagle County Department of Community Development P.O. Box 179 Eagle, CO 81631 Re: Edwards Design and Craft Center Dear Jena, As amended by the Planning Commission's recommended condition and approved by the Board of County Commissioners, the housing plan for the Edwards Design and Craft Center includes the following three elements: 1. Construction of 5 two bedroom apartments with the initial construction of the project. One of these apartments will be constructed with each of the five buildings. Each apartment will be a minimum of950 square feet in size and will be located on the second floor of the south west comer of each building. See Floor Plans submitted with Preliniinary Plan Application for general configuration of unit. 2. Purchase of one housing credit from Fox Hollow 3. Requirement in the Planned Unit Development Guide for a payment of $1.74 per square foot-of any additional loft space constructed within the project as tenant finish. The above referenced housing program fully addresses the 6.25 unit recommended by the formula contained in the Eagle County Housing Guidelines for the 49,700 maximum build- out of the Edwards Design and Craft Center. The end result is the construction of five on-site housing units, the construction of one housing unit located on in Fox Hollow, the adjacent property to the west, and the contribution of$17,750 to Eagle County Housing Fund as loft space is constructed. box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 }rndn:h,:::.il 't'it'Cl+ The plan for the 5 on site apartments is that they are made available first to either employees/ owner of the business that occupies the commercial space containing apartment or other employees within the Edwards Design and Craft Center. Any vacancy would be offered to these individuals for.one month. If there is no interest from that group the apartment would be offered to any person that is a full time employee of any business within Eagle County. As part of any lease for these apartments, the lease language would include disclosure information regarding potential noise and other impacts from the uses allowed in the Edwards Design and Craft Center. (This disclosure was requested from Ray Merry, Director ofEnvrronmental Health) We suggest that these commitments be made part of the Planned Umt Development Agreement to be recorded with the property. Yours truly, ~~~~ Cc: K. T. Gazunis, Phil Woodward Edwards Design & Craft Center Planned Unit Development Guide August 4, 2005 A. Introduction This Planned Unit Development Guide is the land use control document for the Edwards Design & Craft Center Planned Unit Development. This document establishes the land use, development controls and building standards for any and all construction within this project's boundaries. Any matter not explicitly addressed in this document is regulated by the Eagle County Land Use Regulations. B. Administration 1. Purpose The purpose of the Planned Unit Development Guide (Guide) is to ensure the orderly development of the Edwards Design & Craft Center Planned Unit Development. The Guide substitutes the standard zoning provisions of Eagle County Land Use Regulations with site-specific provisions based on a detailed examination of the property and its proposed showroom, shop and office uses. The provisions contained within this Planned Unit Development Guide replace those of the Eagle County Land Use Regulations. 2. Enforcement Eagle County shall enforce the provision set forth in this Guide through the refusal to approve any application for building permit or certificate of occupancy for any building or structure within this property if it is not in compliance with this Planned Unit Development Guide. 3. Conflict The specific provisions contained within this Guide shall take precedence over the provisions contained elsewhere in the Eagle County Land Use Regulations. Where this Planned Unit Development Guide is not full and explicit, the Eagle County Land Use Regulations, as amended from time to time, shall apply. Development Guide. In no case shall these residential units be converted to or used as commercialllight industrial space. . Additional workforce housing within the development is permitted in the form of a studio apartment to be constructed within the loft space of a commercial condominium unit during the tenant finish stage of the development. In no event shall any commercial condominium unit within the development have more than one residential unit constructed within its loft space. (Studio apartments are not allowed within the commercial condominium unit containing the above-referenced two bedroom apartments.) Studios can only be used for employees of the business that occupies the commercial space. The square footage of these optional studio apartments is in addition to the floor area otherwise permitted as loft space by this Planned Unit Development Guide. No residential unit shall be sold separately from the commercial condominium unit to which it is attached. The five residential units constructed with this project as work-force housing shall be rented out to employees within the business first, to employees within the Edwards Design & Craft Center second. Only after a specified amount of time during which it has been advertised for employees within the Edwards Design & Craft Center, can it be made available to employees within Eagle County. See Planned Unit Development Agreement. D. Dimensional Limitations 1. Construction of all buildings shall be as shown on the Development Plan (Appendix B). 2. Maximum Size of any space occupied by one business: 7,000 s.f 3. Maximum Floor Area Permitted * Building A: Total: 10,650 s.f (8,360 s.f original plus 20% ofbaseplate** as tenant finish allowance for habitable loft space) Building B: Total: 11,250 s.f (8,800 s.f original plus 20% of baseplate as tenant finish allowance for habitable loft space) Building C: Total: 10,400 s.f (8,250 s.f original plus 20% of baseplate as tenant finish allowance for habitable loft space) 3 Building D: Total: 10,600 s.f. (8,500 s.f. original plus 20% of baseplate as tenant finish allowance for habitable loft space) Building E: Total: 6,800 s.f. (5,600 s.f. original plus 20% of baseplate as tenant finish allowance for habitable loft space) * Storage areas located on a mezzanine/loft level are not included in Floor Area calculations. The space inside a building that can be used as garage space is included in Floor Area calculation and is part of the permitted Floor Area regulated by this Planned Unit Development Guide. In all other applications, Floor Area shall be as defined in the Eagle County Land Use Regulations and/or as approved in the development plans that are part of the Preliminary Plan for the Edwards Design & Craft Center. * * Baseplate is defined as the gross .first floor area of the condominium unit measured from the outside edge of walls inclusive of any basement area. 4. Maximum Impervious Lot Coverage As shown on Development Plan attached. 5. Building Height 33 feet measured per ECLUR 6. Building Setbacks All building construction shall be located in general conformance with the Development Plan as shown on Appendix B. Overall parcel boundary setbacks* are as follows: Front: 85 feet Side (East): 20 feet Side (West): 25 feet Rear: 20 feet 4 * Roof overhangs, exterior decks, stairways, and service utility structures are allowed within setbacks. 7. Fire Break A minimum 20-foot wide area of native grass or pavement shall be provided along the southerly boundary of the project between the natural, undisturbed vegetation and any structure. Exterior of all buildings shall be constructed using fire resistive materials. 8. Minimum Size of Commercial Condominium Unit Any space occupied by one business shall contain a minimum baseplate of 800 square feet. This minimum size requirement does not apply to space occupied by the Edwards Design & Craft Center Property Management Office. 9. Parking 1 space per 400 square feet of Floor Area. (Garage space is counted as 1 parking space.) E. Construction Requirements 1. Roofing R-panel screw-down metal roofing or equivalent (kynar, or equivalent, color-coated dark green). 2. Building Materials A mixture of stucco, corten steel or equivalent with wood timber accents. 3. Exterior Colors Roof Dark Green Walls and Garage Doors: Earth Tones 4. Insulation In addition to the standard thermal insulation required by the Building Code, all exterior building walls must include sound insulation to ensure that any noise created by operations within the shops do not negatively impact the use and enjoyment of properties located adjacent to the Edwards Design & Craft Center. Any unit to be occupied by a use 5 Landscape Plan as approved in the Preliminary Plan Application for the Edwards Design & Craft Center. Landscape berms are permitted in any of the open space areas shown on the Development Plan. Landscape materials are permitted to be planted on the berms. 2. Lighting a. All illumination of the building entrances and signage shall be downlit with concealed luminaries. Any driveway intersection light posts will also use down lighting. b. All exterior lighting will provide cutoff shields to ensure that illumination is directed downward and does not extend onto adjacent property. c. Maximum Height of Driveway Lighting: 20 ft. d. All exterior lighting shall be high-pressure sodium or equivalent. (Design objective is to assure that lighting levels and light quality are compatible with the surrounding area.) 3. Fences No interior or continuous exterior security or privacy fencing is permitted. G. Miscellaneous 1. Wood burning No wood burning devices are permitted within the Planned Unit Development. (Wood burning device is as defined in the Eagle County Land Use Regulations) No burning of waste materials is permitted. 2. Maintenance The access roads, exterior parking, open space landscaping and drainage structures shall be maintained by the Property Owners Association. The Property Owners Association shall prepare budgets and establish monthly dues to cover the costs of the above-referenced responsibilities. A separate fund is to be established for building maintenance purposes. 7 3. Notification of sale or change in use The Edwards Design & Craft Center Property Owners Association shall be notified in writing whenever a unit is sold, there is a change in tenancy or the use within the condominium unit changes. Notification shall include a discussion of the uses intended for property and contact person responsible for the business operations. 4. Written approval by Property Owners Association is required prior to the issuance of any building permits for tenant finish. 5. Any storage or use of materials within the development defined as hazardous substances by local, state or federal regulations must comply with all applicable regulations. Owner/tenant shall prepare a customized spill, containment, and counter measure plan approved by Eagle County prior to use or storage of any hazardous substance within any unit. This customized spill and containment plan will be considered as a supplement to the overall Hazardous Materials Contingency Plan prepared for the Development and attached to this Planned Unit Development Guide as Appendix E. These site specific, customized, Spill, Containment and Countermeasure Plans shall be collected and maintained by the Property Owners Association and shall act as the Hazardous Substance Management Plan for the Edwards Design and Craft Center. This Plan shall be made available to the public upon request. 6. Eagle County's Commercial and Industrial Performance Standards shall be applied at the perimeter property boundary of the Edwards Design and Craft Center Planned Unit Development. These performance standards shall not apply to the condominium ownership boundary lines located in the interior of the property. 7. Future Subdivision Commercial condominium units are permitted within the 5 buildings comprising the Edwards Design & Craft Center. However, any residential unit may not be sold separately from the commercial condominium space to which it is attached. 8. Storage of Materials All storage of materials must be located within the buildings. No outside storage is permitted. 8 9. Prior to a building permit/grading permit being issued for the construction of the 5 buildings permitted within this Planned Unit Development Guide, A Dust Suppressant Plan shall be submitted to and approved by Eagle . County's Environmental Health Department. H. Hours of Operation 6:00 a.m. to 10:00 p.m. Any extension of these hours of operation requires a Special Use Permit from Eagle County. I. Signs All signs within the Edwards Design & Craft Center must comply with the provisions of Section 4.3 of the ECLUR, unless permitted herein. Permitted Signs: 1. Monument Signs Location: P.U.D. Entrance Maximum Size: 4'Hx 8'W Features: Constructed as a stand-alone, base mounted structure with materials to match the building architecture. Lighting: Externally illuminated or shielded down light placed in sign structure. 2. Commercial Tenant Signage Each individual commercial tenant shall be allowed a 20 square foot sign. Internally illuminated "canned" signs shall not be allowed. Multiple tenant signs on each individual building must match in material, design/font style and color. Signs must match the architecture of the buildings. A directory sign identifying the individual businesses within the building. The directory sign shall not exceed 40 square feet in area or 6 feet in height. 3. Other Signage Including Directional Signage Location: Throughout site as required for life-safety, direction, usage and for boundary delineation. 9 Maximum Size: 16 square feet or as is required by code. Features: Colors and style to be consistent throughout each individual site. See Eagle County Land Use Regulations for further details on permitted directional and miscellaneous signage. 4. Construction Signs Each building shall be allowed one construction sign not to exceed 32 square feet in area. The construction sign may include the name of the building, a graphic representation of the building and a list of involved entities. J. Housing Fees Any building permit for tenant finish that includes construction of additional floor area pursuant to Paragraph D.3 of this Planned Unit Development Guide shall contribute $1.74 per square foot of additional commercial loft space (excluding storage loft space) to Eagle County as part of the affordable housing contribution of the Edwards Design & Craft Center. This payment of$1.74 per square foot shall be adjusted upward based any increases in the amount of the low income affordability gap referenced in the Eagle County Local Resident Housing Guidelines (or subsequently approved Housing Regulations) between 2005 and the year in which the payment is made. This is in addition the Edwards Design and Craft Center's contribution of five apartments to be constructed on-site. 10 Appendix A Edwards Design and Craft Center Permitted Land Uses * 1,2,9 Z = Permitted Use Building Number .... n:> ~ A B C D E Show Room, Office, and Storage Space for Specialty Suppliers to R R R R R 3 the Building Industry: Windows, Doors, Tile, Stone, Wood Flooring, Carpet, Paint, Closet Systems, Millwork, Tools, Door I and Bath Hardware, Fireplaces, Cabinets, Pools, Sauna & Hot Tub, Plumbing Fixtures, Lighting Offices for Building and Land Design Companies such as: R R R R R Design/Build Companies, Architects, Engineers, Planners Shop, With Associated Storage and Office Space for Building R R R R R Artisans Such As: Carpenters, Glaziers, Plasterers, Tile Setters, Flooring Installers, Carpet Layers, Painters, Wall Paper Hangers, Model Makers, Sign and Awning Makers, Fire Protection Companies, Closet Installers, Locksmiths, Plumbers, Mechanical Contractors, Electricians, Low Voltage and A V Systems Suppliers and Installers, Alarm Companies Shop, With Associated Storage and Office for Metal Workers, N S N N S 10, Cabinet Makers, Custom Wood Trim Shops, Stone Fabricators, Machinists (Special Review Required) 12 Shop, With Associated Storage and Office for Service Companies R R R R R including: Property Management Companies, Home and Commercial Cleaning Services, Window Cleaners, Carpet Cleaners Custom Furniture Craft and Incidental Sales R R R R R 4, 11 Administrative Offices for Contractors R R R R R Manufacture and Assembly of Custom Sporting Equipment for R R R R R Mountain Sports such as Cycling, Camping, Kayaking and Rafting, Golf, Skiing and Snowboarding 11 Administrative Office and Warehouse for Retailers and Wholesale R R R R R Suppliers to the Hotel and Restaurant Industries On Site Security/Administration Offices as Primary Use R R R R R Specialty Storage for items such as Collectibles, Art, Antique Cars R R R R R Appliance Service or Repair R R R R R Commercial Bakery with Incidental Sales R R N N R 5 Catering Facility R R R R R 6 Residential R R R R R 7 R = Use by Right; N= Not Allowed; S=Special Review * Notes: 1. Includes offices related to business uses. 2. All operations and material storage shall occur entirely within the buildings. 3. These are to be establishments for wholesale sales to the building industry such as architects, designers, decorators and contractors and their clients with incidental sales to the general public. 4. Incidental sales to include wholesale sales and occasional sales to individuals. Does not include retail furniture showroom. 5. Incidental sales to include wholesale sales and occasional sales to individuals. Does not include retail bakery or restaurant with on site consumption. 6. Includes food preparation for off site consumption. No restaurant or on site consumption allowed. 7. Residential units shall be incorporated in the 10ft space above work spaces, and are intended for the primary occupancy of employees of businesses within the Edwards Design and Craft Center. Five workforce housing units not to exceed 1,200 s.f. shall be constructed in Buildings A, B, C, D and E during the initial construction of the buildings. One studio apartment not to exceed 300 S.L may be constructed in any unit not already containing a residential apartment. 8. Activities to be limited to wholesaling only. No retail applications shall be permitted. 9. Determination of Similar Use. The Community Development Director determines that the proposed use is sufficiently similar to a use listed in the Table. A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. 10. Special review by Community Development Department to insure compliance with all regulatory agencies regarding fIre suppression and ventilation standards. 11. Operating hours of any of these uses located below one of the five residential apartments permitted within this PUD shall be from 7:00 A.M. to 9:00 P.M. 12. Hours of operation limited to 7:00 A.M. to 7 P.M. for operations generating above average noise levels. Appendix B . ( .J5 4:49:56 PM, EDe.PL" . \133Z-SITE.dwg, P:\ 1300-1399\ 133Z\dwg Romeo i"'~ I " i '~" " , '~, , ''l - I , \ I , I I I I -= - --~~l I - \, ~ " 1 ~ ! !'I' I ! I il Ii If' "', ; ~ I' I'-___u, · -, -- ----r---l ! L_-f:- I I I , I I r- . ~ l .. " a " ;t- . ~ , . 0 CRAFT CENTER & EDWARDS DESIGN A~o ... FOX HOLLOW EAGLE COUNTY, COLC · -.., ,~,~,. N - :::::.=- DEVELOPMENT PLA " Rf1ASiOlol () >< :a c: CI) 0. 0. _4. ",,'fa .} <( -*-_. .. . .. - .' . '. - .~ ~--: '-. . -.. . '&0</6 .... .:-V...Wt; .. . -- .n .... 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" '" . p.J ...ft-O J!...,e.. 0 r- , Z UJ U . ,I' ~ j~ .,. -<.J. '-I :" Z ' .... ~ ' .\J 83 ~ 0 ~ 2i tS O:.t -i( I 3: I I ~ ] I I 81.., ~ ,.j. -,'-, r--- il'i'" L-________---' C-3 '" ..,-.- '''FL'W'" '"R..- ..- '.. . -....-- --.. ',.: _: . '." S::. ~~I~o" .( .' rIJ. .. !l!~ ~~ ..4/"~M ''I/~.-H(z.t . . ...,A'....~z:.+ ~ JI tij ., n . - I ~~~~;:!'-f.. l::b yj ;0 " _. JINI'.....3. '- .~::-. -- ORrr~ I.r,../f_- ._, ..' ---, 71271D~ _.. - "":'::"'7 ..~IAL.' FAR.. LD" .JZ,' I;r. .. f'&rufT'IKc.. FAt." LoPr ""$7":\o! _- , .~ -.... S. -: .:..J..1l1&.:'. . ... .. ::t .." ~- " e'-",. x.q' , , !j \Y... J>i~ '0 l::; '.~ :z: l..I.J .'~ ft..1r ~ I ., ._- . ..- .---- ".- ... -----.- ..--'.--'-" -- .. . ~ .'. i t B I . , ., , 0 ~: ~ 1- , ~. ~ ., . _ ~TIAJ..-':.~...t.aI!J"'~ '", , {! '" lIl. " !l ~ ~. "t 1< \1 . : ~ :; 2. "i 6 ..j . !; ::r \ -Vl - .. .. - -......-.. ..-... . -H);''';''' .-.. ~'ai;i~ +~.~~ J t-- rA/-I&~M --.:::J. C1ft6-l'Il/Z~ I "'~zA L i ~"-o ..0\0'-0". L'r''''O'' ~. [-2 '.:::.~~. -:'=-~~~~~~~:J-~-~.':' '2.~ Ftoo~ .. ." .-.. ~.~~JT~., -- -- -'-; ,--ll Appendix D r-- - - .' ' . ' . ;," I !! I I '1" I II I I I, f.T1/ z I 0 I ~ I --1 "r I I f"'1 I 2 I I ~ I (5 I Z I , --. ~ ,l:; f- . ~ 7'. " ~. -;. o . ~- I !-I, I i:l: I ~ ,. t::: I :c fT1 IJ ~ I r ., [T' I ~ ~ I - -rl < I 0 ~ 1---. z 0 I 7 I I I I I 1---- iq ~ =f ei . I =~ 'I' .,~' - , . 0 ' , . '. . , , , ., ," . '.. . -.- '-' .. -- 'I, ; ~. I , .' ,,' .1.1:)' t. , ' --I"'---'- p:- L_ - - -,.- ~.~ - ,:.... .,.', . . ,., 2h 't;,;'~~';-R~TtON - - ___ -, - --.- -.., . SOLrTl4. LLEVATION, \> I , 1+ \...t..; :<t: -~ -~ PI :,' l 1 ~ ~" , ~ ~ ~ tB, ~. (J} 1r I i 'J! i ,",' ,I. J1"" . .' '.. --~-l--~---~-- ~:i', i'l .. .. ' N~ . 1C"!:'\/'A"TIOIo..I - '. .L.<~~"" ." ==c=:-=:-::~::-::..,.':=-.C' ::,-'--'.I("<;:'T, .'LIC'V.."'jO'N . j:. .. ~. .' '-/1\,1 n . i:-tJ;;..'I". .'1 ~'I>. t-o=..__.... ... -.. .,~"<J.I... c:... c:... ;-,\1 . , .e-0 ". . -.- v -- ~I I ~ .. .0.' . - _. -1-__. __ . i -------- --'~-~"4tE.vAT10N" . lAST: .':tLE.VArION ,__ .. ".'-:-'_";J._~_'" ,.. ..:::...---........ . .- . ~ . c "1 -::-:'~:::':_7::C.' :-::::.=:.. .'.: .::' . .;.,:; -. --. " f .:?4~ ''',.j .1. . .' \ I I .' - :0 I .- i .~ _;r--__c___. ___ ~ _____. _._.___.._ '- - . ,t:. : ... . - . _. ,. NDRTI-I': _ [LE.VA TION ." ..- --- ._- '...WEST" ELEVATION -- __.b '~~"".=.jt~:I' Appendix E Hazardous ~1aterials Plan 1. Each business located within the Edwards Design and Craft Center that uses any toxic or hazardous substances must provide the Property Owners Association and the Eagle River Fire Protection District with a HazardousMaterials Plan. The property owner shall notify the Property Owners Association and the Eagle River Fire Protection District upon the change in use of any unit that has previously submitted a Hazardous Materials Plan. Contents of the plan shall include: 1. Types and amounts of any hazardous or toxic substances used or stored in the space. 2. Diagram showing the location within the unit of where the materials are stored and the method of storage. 3. Spill Prevention, Control and Counter-Measure Plan. This Plan shall to include a discussion of safeguards used in the operation to prevent spills and protocol to follow if a spill were to occur either on site or in parking and access driveways. Key emergency contact numbers should clearly displayed on premises. Additional information regarding the contents of a Spill Prevention, Control and Counter- Measure Plan can be obtained from the Eagle County Environmental Health Department. 4. Method of disposal of any waste materials