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HomeMy WebLinkAboutR06-108 Approval of PUD for Willits Bend EAGLE COUNTY. d 200S33035 TEAK J SIMONTON P~.: 65 04:49:31PM 12/04/200S i!ii"\\i~,~'''\~''i\il\\'' III" 1111"1" 111'1 'III 11'11' 111'\ 11111"1 Commissioner -&16 ~ moved adoption of the following Resolution: .- ? BOARD OF COUNTY COMMISSIONERS tJ> COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - 10 'V APPROVAL OF THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAi.~ AND ZONE CHANGE FOR THE WILLITS BEND PLANNED UNIT DEVELOPMENT FILE NOS. PDP-00032 and ZC-00076 WHEREAS, on or about July 18,2005, the County of Eagle, State of Colorado, accepted for filing applications submitted by Blue Crow LLC (hereinafter" Applicant") for approval of the Planned Unit Development Preliminary Plan and Zone Change for the Willits Bend Planned Unit Development, File Nos. PDP-00032 and ZC-00076, respectively; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development Preliminary Plan for a proposed development consisting of 92,555 square feet of floor area for mixed uses, including fabrication and trades, office, retail/restaurant and residential, on a 4.5 acre site generally referred to as 1712 Willits Lane; and, WHEREAS, the Applicant requested approval of a zone change for the site generally referred to as 1712 Willits Bend from Commercial General (CG) to Planned Unit Development (PUD); and, WHEREAS, notice of the Preliminary Plan and zone change applications were given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5-21O.E; and, WHEREAS, at its public hearings held on February 16,2006, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval of the zone change and approval with conditions of the proposed PUD Preliminary Plan; and WHEREAS, at its regular public hearings of April 25, 2006, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed PUD Preliminary Plan and zone change; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Roaring Fork Valley Regional Planning Commission. 1 Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - 103 APPROVAL OF THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN AND ZONE CHANGE FOR THE WILLITS BEND PLANNED UNIT DEVELOPMENT FILE NOS. PDP-00032 and ZC-00076 WHEREAS, on or about July 18, 2005, the County of Eagle, State of Colorado, accepted for filing applications submitted by Blue Crow LLC (hereinafter "Applicant") for approval of the Planned Unit Development Preliminary Plan and Zone Change for the Willits Bend Planned Unit Development, File Nos. PDP-00032 and ZC-00076, respectively; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development Preliminary Plan for a proposed development consisting of92,555 square feet of floor area for mixed uses, including fabrication and trades, office, retail/restaurant and residential, on a 4.5 acre site generally referred to as 1712 Willits Lane; and, WHEREAS, the Applicant requested approval of a zone change for the site generally referred to as 1712 Willits Bend from Commercial General (CG) to Planned Unit Development (PUD); and, WHEREAS, notice of the Preliminary Plan and zone change applications 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 hearings held on February 16,2006, the Roaring Fork Valley Regional Planning Commission, based upon its findings, recommended approval of the zone change and approval with conditions of the proposed PUD Preliminary Plan; and WHEREAS, at its regular public hearings of April 25, 2006, the Eagle County Board of Commissioners (hereinafter "Board"), considered the proposed PUD Preliminary Plan and zone change; associated plans; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons; and the recommendation of the Roaring Fork Valley Regional Planning Commission. I BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, THE BOARD FINDS AS FOLLOWS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Preliminary Plan PUD: 1. Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of this PUD is owned or controlled by one (1) person. 2. Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD are those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" for the zone district designation in effect for the property at the time of the application for PUD. 3. Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD are not those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. However, variations of these dimensional limitations have been authorized pursuant to Section 5-240 F.3.f., Variations Authorized. 4. Off-Street Parking and Loading. [Section 5-240.F.3.e (4)]- It has been demonstrated that, with the approved conditions, off-street parking and loading provided in the PUD complies with the standards of Article 4, Division I, Off- Street Parking and Loading Standards. 5. Landscaping. [Section 5-240.F.3.e (5)] - It has been demonstrated that the landscaping proposed for the PUD may comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. 6. Signs. [Section 5-240.F.3.e (6)] - The Applicant has demonstrated that signs within the PUD will be as specified in Article 4, Division 3, Sign Regulations. 7. Adequate Facilities. [Section 5-240.F.3.e (7)] - It has been clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, roads and fire protection. 2 8. Improvements. [Section 5-240.F.3.e (8)] - It has been demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) safe, efficient access, (b) internal pathways, (c) emergency vehicles, (d) principal access points, and (e) snow storage. 9. Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD is compatible with the character of surrounding land uses. 10. Consistency with Master Plan. [Section 5-240.F.3.e (10)] - With the conditions of approval, the PUD is consistent with the Master Plan, and is consistent with the Future Land Use Map (FLUM). II. Phasing. [Section 5-240.F.3.e (11)] - A phasing plan has been provided for this development. 12. Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The Applicant has demonstrated that the PUD will comply with the common recreation and open space standards with respect to (a) minimum area, (b) improvements required, (c) continuing use and maintenance; and (d) organization. 13. Natural Resource Protection. [Section 5-240.F.3.e (13)] - 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. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 14. Consistent with Master Plan. [Section 5-280.B.3.e (1)] - With the conditions of approval, the PUD is consistent with the Master Plan, and is consistent with the Future Land Use Map (FLUM). 15. Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - It has been demonstrated that the proposed subdivision may comply 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 16. Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - 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. 17. Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed 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. 18. Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - With the conditions of approval, the proposed subdivision is compatible with the character of existing land uses in the area and will not adversely affect the future development of the surrounding area. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8), Initiation: 19. The Applicant has submitted a POO Guide that demonstrates that the requirements of this Section have been fully met. Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map: 20. Consistency With Master Plan. The proposed amendment is consistent with the purposes, goals, policies and FLUM of the Master Plan. 21. Compatible with surrounding uses. The proposed amendment is compatible with existing and proposed uses surrounding the subject land, and it is an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. 22. Changed conditions. There are changed conditions that require an amendment to modify the present zone district or its density/intensity. 23. Effect on natural environment. The proposed amendment does not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. 4 24. Community need. The proposed amendment meets a community need. 25. Development patterns. The proposed amendment does result in a logical and orderly development pattern, does not constitute spot zoning, and can logically be provided with necessary public facilities and services. 26. Public interest. The area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the petition of Blue Crow, LLC, File No. ZC-00076, for a Zoning Amendment to change from the Commercial General [CG] Zone District to the Planned Unit Development [PUD] Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See Exhibit "A". THAT, the Board of County Commissioners directs the Director of Community Development to enter this amendment on the appropriate page of the Official Zone District Map and provide a copy of this Resolution to the Applicant; THAT, subject to the conditions set forth below, the application for the Planned Unit Development Preliminary Plan for the Willits Bend PUD be and is hereby approved: 1. The PUD Guide shall be revised to include the changes set forth in the memorandum dated November 21,2005, from the Director of Environmental Health. 2. The Applicant shall provide, with the application for the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer: 3. The Applicant shall demonstrate to the satisfaction of the Director of Community Development that adequate water will be legally available for the proposed on-site irrigation. 4. The Applicant's proposed PUD Agreement shall be considered as a proposed agreement and the provisions therein shall not be considered binding on the County unless specifically provided elsewhere. 5 5. Following dedication and conveyance of the Willits Bend Road right-of-way to Eagle County for the benefit of the public, Eagle County may at its discretion make changes to the roadway provided that such changes do not cause a reduction in the number of on-site parking spaces below the requirement set forth in the PUD Guide. 6. Prior to approval of the initial [mal plat for this development, it shall be demonstrated to the satisfaction of the County Engineer that the Town of Basalt has issued an access permit for Willits Lane. 7. The emergency access drive at the southeast part of the site shall be appropriately signed, in a manner satisfactory to the County Engineer, to indicate it is for emergency use only. 8. Each phase of the development shall include all improvements deemed essential by the County Engineer and the construction plans for any such improvements shall be subject to review and approval by the County Engineer prior to issuance of a building permit or grading permit for those improvements. One or more Subdivision and Off-Site Improvements Agreements shall be required as deemed appropriate. 9. A park, consistent with the proposed Preliminary Plan and satisfactory to the Director of Community Development, shall be constructed no later than the time the fIrst phase of improvements are completed, the location of which may moved during the construction of subsequent phases, provided that the park will be completed in its permanent location prior to issuance of a certificate of occupancy for the final phase of development. 10. The Performance Standards set forth in the PUD Guide shall be modified, in a manner acceptable to the Director of Community Development, to adequately mitigate adverse impacts emanating from a given use upon all adjacent and nearby persons and uses, including those in other buildings within the PUD and in the designated open space between buildings. 11. Prior to the approval of any final plat the Applicant shall demonstrate to the satisfaction of the County Engineer that all drainage related issues raised by Northwest Colorado Council of Governments in its memorandum dated November 21,2005; the Colorado Geological Survey in its letters dated November 16,2005, and March 1,2006; and the memorandum from the Engineering Department dated November 23,2005, have been adequately addressed and resolved. 6 12. The Applicant shall provide, prior to any site disturbance, a detailed site plan showing construction staging area(s), a Spill Prevention Control and Countermeasures Plan and a Dust Suppression Plan which have been approved by the Director of Environmental Health. Failure to adhere to these plans shall, at the discretion of the Director of Environmental Health, result in a Stop Work Order. 13. The PUD Guide shall be revised to delete any assignment of street addresses. 14. The Applicant shall make a payment in lieu in the amount of$379,136.86 for housing mitigation and a real estate transfer assessment of 1 percent shall be applicable in perpetuity, all payments of which shall be made to Eagle County. 15. No plant materials should be located in such a manner as to cause a visual or other obstruction as provided in Section 4-230.A.9. Obstructions Prohibited, in the Land Use Regulations. 16. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, the Willits Bend P. UD. Site Plan, attached hereto as Exhibit "BOO, be and is hereby approved; THAT, the PUD Agreement, attached hereto as Exhibit "COO, be and is hereby approved; THAT, the Willits Bend Planned Unit Development Guide, dated June 5, 2006, attached hereto as Exhibit "D", be and is hereby approved; THAT, the Local Resident Housing Plan, attached hereto as Exhibit "E", be and is hereby approved; THAT, the Declaration of Restrictive Covenant - Real Estate Transfer Assessment, attached hereto as Exhibit "F", be and is hereby approved; THAT, the Live/Work Covenant, attached hereto as Exhibit "Goo, be and is hereby approved; 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. 7 MOVED, READ AND ADOPTED by the Board of County Commissi':fl~~ ,~f!I:eo.dJ County of Eagle, State of Colorado, at its regular meeting held the 12L day of~, 2006, nunc pro tunc to the 25th day of April 2006. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its A TTEST:/~i;,':_~,._;:q~~.oARD OF COUNT~RS ..~ .~_~> ~c--<;' \{ \ ";!. ~) ~!.;~'.(..."'~:.";.!<.'..'.'0.;{.'Y......".:::'.~'~' . ~ }, 'J~- \. \\. ~~ ; h ,I: ..... .... 'L~' ""C'1f~ / ~ > . Teak J. Simonton . ,~~J.~ Peter F. Runyo . Clerk to the Board of Chairman / County Commissioners Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone ~ Commissioner Am M. Menconi ~ Commissioner Peter F. Runyon ~ This Resolution passed by :f /D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 8 (- LEGAl DESCRIPTION A PARCEL OF LAND BEING PART OF TRACTS 52 AND 58 AND LOCATED IN SEcnON 11. TOWNSHIP 8 SOUTH. RANGE 87 WEST OF TIlE 6TH PRINCIPAL MERIDIAN. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIlE EASTERLY LINE OF SAID TRACT 52 WHENCE ANGLE POINT 3 OF TRACT 51 OF SAID SEcnON 11 BEARS SOU11I 01 DEGREES 05 MlNUI'ES 00 SECONDS EAST 151.41 FEET; THENCE SOUTH 01 DEGREES 05 MINUTES 00 SECONDS EAST 151.41 FEET ALONG TIlE EASTERLY LINE OF SAID TRACT 52 TO ANGLE POINT 3 OF TRACT 51; THENCE sourn 0 DEGREES 4& MINUTES 29 SECONDS EAST 277.52 FEET ALONG TIlE EASTERLY LINE OF SAlD TRACT 52 TO ANGLE POINT 4 OF SAID TRACT 52; TIlENCE soum o DEGREES 30 MINUTES 14 SECONDS EAST 388.90 FEET ALONG THE EASTERLY LINE OF SAlD TRACT 58; TIJENCE NOR11l 50 DEGREES 23 MINUTES 31 SECONDS WEST 319.21 FEET; THENCE NORTII 09 DEGREES 39 MIN1JI'F.S 05 SECONDS WEST 250.45 FEET: THENCE NOR11l 06 DEGREES 20 MINUTES 54 SECONDS WEST 212.35 FEET: TIlENCE NOR11f 04 DEGREES 52 MINUTES 02 SECONDS WEST 135.07 FEET; TIlENCE NOR11f 86 DEGREES 02 MINUTES 18 SECONDS EAST 313.62 FEET TO TIlE POINT OF BEGINNlNG. COUN1Y OF EAGLE. STATE OF COLORADO. ,', -~ Exhibit "A" r Hi ~ ~ I I~ ~ri ~ ~ . ~ 11\1 !~ m E li~ 8 ~ f~.?' ~ ~~ :E ~ ~ n :.2 ~ ~ n ~ ~ ~ . x . "-l !.If &l i~ ~ . ~I If it " 8~ Q ~IE I~~ R . I I I I .... . I i I ! II "''''" ~ I I I '" .... U$'j[] [;fJ -,...... i -- -----\ -- - - - - - - - - - - - - .- - -- - PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: Blue Crow, LLC. Willits Bend Planned Unit Development File Number: PDP-00032 WHEREAS, on or about July 18, 2005, Blue Crow, 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 Willits Bend Planned Unit Development (hereinafter referred to as "PUD"), said development is a mixed-use development consisting of 92,555 square feet of floor area for mixed uses, including fabrication and trades, office, retail/restaurant and residential, on a 4.5 acre site generally referred to as 1712 Willits Lane; and WHEREAS, concurrent with the approval of a Preliminary Plan for PUD, 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 Plan, Park and Recreation Area 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 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. I Exhibit "C" 2. COMMON PARK AND OPEN SPACE AREAS 2.1 Common Park and Open Space Areas Plan. Developer agrees to be bound by its verbal and written assurances as to its Common Open Space, Park and Recreation Area Plans. The Plans must outline the areas of common open space, parks, trails and recreation lands. 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 Eagle 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 Eagle 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. 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. 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 2 of that Resolution approving File No. PDP-00032. 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 2 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 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. 3 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. GENERAL PROVISIONS. 4.1 Severability. Whenever possible, each provision ofthis 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. 4.2 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. 4.3 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 ofthis Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 4.4 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.5 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. 4.6 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 4 provided by law. Alternatively, the terms of this Agreement and 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. 4.7 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 Mails, 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: Steven Crowley c/o Aspen Cabinet and Millwork, Inc. 1712 Willits Lane #5 Basalt, CO 81621 ~ WHEREOF, the parties hereto have executed this Agreement this dl- day 0 \ 2006. EAGLE COUNTY DEPARTMENT OF NCJ'" .... COMMUNITY DEVELOPMENT, Colorado "C;~ ....~ ,\<:a r ~." d it;;tc~ ;:...--......: <:.:\ Byan Through Its .' ~ \J ~ (:/"\f. A'''< \BOARD OF COUNTY. ~ . w \ \\;:rA:!j ) =, 1 ,.~~.~ ~ ill ,. '--'<I J ' '\. .11- ...../.'.rl./) By: , Clerk to the Board of o{o"~9 Peter F. Runyon, Chairman County Commissioners DEVELOPER: By: 5 Willits Bend Planned Unit Development Guide June 5, 2006 Exhibit liD" pun Guide Table of Contents Section Page I Purpose 5 II Intent 5 III Definitions Specific to Willits Bend PUD 5 IV Allowed Land Uses 9 V Limited Review Uses 10 VI Accessory Retail Use 11 VII PUD Dimensional Limitations 11 1. Gross Parcel Size 11 2. Willits Bend Gross Parcel Limitations 11 3. Setbacks 12 4. Maximum Allowable Building Square Footage 12 5. Building Envelopes 12 6. Maximum Allowable Building Footprints 13 7. Maximum Building Height 13 8. Maximum Number of Stories 13 9. Square Footage Limitations by Type of Use 13 VIII Snow Storage 13 IX Parking Requirements 13 1. Parking Required 13 2. Minimum Number of Parking Spaces 14 3. Minimum Size 14 4. Angled Parking 14 5. Parking by Type of Use 14 6. Designation of Spaces 14 7. Use of Spaces 15 8. Ownership and Maintenance of Parking 15 X Residential Dwelling Units and Live/Work Space 15 Willits Bend PUD Guide Page 1 6/5/2006 Page 1. Minimum Square Footage Per Dwelling Unit 15 2. Maximum Square Footage per Unit 15 3. Location of Residential Units 15 4. Maximum Number and Floor Area of Dwelling Units (including Live/Work) 16 5. Minimum Number of Restricted Live/Work Units 16 6. Maximum Number of Bedrooms per Dwelling Unit 16 XI Allocation of Square Footage by Type of Use and Residential Units 16 And Change of Use XII Continuation of Existing Uses and Structures 17 XIII PUD Performance Standards 17 1. Outside Storage and Work Spaces 18 2. Perimeter Fencing and Screening 18 3. Storage of Fuel 19 4. Environmental Standards 19 XIV Site Lighting Standards 24 1. General 24 2. Locational Requirements 24 3. Wall Mounted Fixtures 24 4. Pole Mounted Lighting 25 5. Light Source for Wall or Pole Mounted Fixtures 25 6. Lighting Intensity 25 7. Non-Conforming Lighting 25 XV Sign Standards 25 1. Individual Signs 25 2. Address Signs 26 3. Business Directory Signs 26 4. Project Identification or Entry Sign 26 5. Sign Penn it 26 XVI Local Resident Housing and Commercial Affordability Plan 27 XVII Animals 27 XVIII Trash 27 Willits Bend PUD Guide Page 2 6/5/2006 Page XIX PUD Special Design Standards 27 1. Architectural Design Features 27 2. Roads and Parking Aisles 28 3. On-Street Parking Allowed on Central Road 28 4. Covered Parking 28 5. Sidewalks 28 XX Further Subdivision 29 XXI Minimum Landscape Standards 29 XXlI Revegetation of Disturbed Areas and Best Management 29 Practices XXIII Building Permits and Construction Management 30 XXIV. Fire Hazard Mitigation and Management 31 1. Defensible Space 31 2. Safety Zones 32 3. Water Supply 32 4. Bulk Fuel Storage 32 5. Open Burning Restrictions 32 6. Miscellaneous 33 7. Preparedness, Systems and Communication 32 XXV Enforcement 34 XXVI Modifications to This Guide 34 1. Major Modification 34 2. Minor Modification 34 Willits Bend PUD Guide Page 3 6/5/2006 List of Exhibits Number Exhibit I PUD Site Development Plan 2 PUD Parking and Snow Storage Plan 3 PUD Lighting and Signing Plan 4 Local Resident Housing and Commercial Affordability Plan 5 Architectural Design Guidelines Willits Bend PUD Guide Page 4 6/5/2006 pun Guide I. Purpose The purpose of the Willits Bend PUD Guide is to serve as the land use and development regulations and guidelines that in this PUD. This PUD Guide regulates the use of land, area and bulk, height, permitted uses, and provides supplementary regulations and standards that will be carried out in the PUD, allowing for certain flexibility and creativity in the project design and final allocation of uses and square footage within the PUD. These standards and restrictions are more appropriate to and based on the specific conditions at this location. Flexible space permits the developer to choose which of the allowed uses are best suited for a particular location in the development and how the allowed square footage will be allocated within the PUD to best satisfy market demand. Performance and design standards are established in this PUD Guide to ensure compatibility among uses in the PUD and with the surrounding neighborhood. The PUD Guide also establishes the responsibility of the Master Association to require conformance with such standards. Finally, the PUD Guide establishes the authority of Eagle County to enforce these requirements in the Willits Bend PUD. H. Intent Willits Bend PUD is intended to be a mixed-use commercial and light industrial development, which is a critical need in the mid-valley area, which allows and encourages on-site live/work opportunities. There will be nine condominiumized buildings. The exterior surfaces of buildings and all areas around them, including streets, parks and landscaping will be common elements. Condominium units within each building will be sold or leased. The project intends to allow residential units in appropriate locations in the project. A variety of restrictions and marketing approaches will be applied under this PUD Guide to facilitate attainable housing and commercial spaces. There may be up to but not more than 92,555 square feet of floor area in the project. The total building ground coverage is 41,182 square feet. The remaining square footage will occur in second or third stories, or within allowed mezzanines. The project will be developed according to the PUD Site Plan attached herewith as Exhibit 1. Ill. Definitions Specific to Willits Bend PUD Unless otherwise defined here, all terms in this PUD Plan will be as defined by the Eagle County Land Use Regulations. If it is determined that any definition in the Eagle County Land Use Regulations is in whole or partially in with a definition established herein, then the interpretation will favor consistency with the definitions provided in this PUD Guide. Willits Bend PUD Guide Page 5 6/5/2006 1. Accessory use means a use located or conducted upon the same space as the principal use to which it is an accessory and is clearly incidental, subordinate, secondary and devoted to the principal use, and is customarily found in conjunction with the principal use. 2. Building height means the distance measured vertically on all sides of a structure, from the finished grade of any given point to a point directly above that location that is: (a) the top of a flat roof, or mansard roof or (b) the midpoint between the eave line and the peak of a gable, gambrel, hip or shed or similar pitched roofs. An exterior below grade stairwell will not be considered for purposes of determining a final grade for the purposes of measuring height. The grade will be considered the ground elevation at the top of the stairwell. 3. Building envelope will mean the area designated in the PUD Plan in which a building may be constructed. Envelope lines extend vertically from a horizontal plane, which depicts the area within which a building is to be constructed. These lines indicate the maximum horizontal extent allowed for the building walls, but do not necessarily represent shape of the exterior walls. Certain appurtenances, including design features such as awnings, above grade walkways, common elevators and stairs, may project beyond a designated building envelope, subject to the approval of the developer or Master Association. 4. Building footprint shall mean the area within the building foundation walls, measured from the outside ofthe wall at grade. 5. Common area means areas located within the gross parcel, but located outside a building footprint that is intended for the common use of the tenants, property owners or condominium owners within the gross parcel. Common areas include open space, sidewalks, parking and other similar areas. 6. Condominium subdivision means a subdivision for the purposes of creating air space units within a building that can be sold separately. 7. Condominium unit is an individual air space unit identified on a Condominium Map consisting of any enclosed room or rooms occupying all or part of a floor or floors used for a residential dwelling unit or air space for business, professional, or commercial purposes, together with the interest in the common elements appurtenant to that unit. 8. Developable land means the entire Willits Bend gross parcel. 9. Dwelling unit means the area within a condominium unit designated by the Declarant pursuant to a Supplemental Declaration as an area to be occupied by one family living independently of any other family, and having not more than one indoor kitchen facility including refrigerator, sink and oven, and one or more bathrooms, including toilet, sink and shower or bath. Willits Bend PUD Guide Page 6 6/5/2006 10. Family means one or more persons related by blood and marriage, or adoption, including domestic servants, living together in a dwelling unit used as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together in a dwelling unit used as a single family housekeeping unit. 11. Floor area ratio means the relationship of the net floor area to the "gross parcel area" in the Willits Bend PUD, expressed as an arithmetic ratio. 12. Floor area means the sum of that portion of the gross horizontal areas of all ground and above ground level floors of an enclosed building that exceed five (5) feet in height (from floor to ceiling) measured from the outside of all exterior walls, including, but not limited to enclosed lofts, mezzanines, fireplaces, halls, habitable attics, bathrooms, closets and storage areas, and enclosed stair wells. Floor area will exclude utility/mechanical areas, cellars, crawl spaces, basements, and non-habitable attics. Exterior, open stairwells and second floor exterior walkway and elevators that provide access to second or third floor spaces are excluded from the calculation of floor area. Exterior, open stairwells serving below grade spaces are not included in the calculation. 13. Gross Parcel means the entire 4.5-acre parcel that constitutes the Willits Bend POO (also referred to as Parcel). 14. Impervious cover or material means a surface that does not readily allow water to infiltrate into the ground. The tenn may include, but not be limited to, building roof surfaces, concrete or asphalt pavement surfaces, compacted gravel and similar surfaces. 15. Light Industrial and Manufacturing means a business with the primary function of producing a tangible good or finished product from other materials, including uses such as artist studios, photography studios, cabinetmaker, and other similar uses. 16. LiveIWork Unit shall mean a condominium unit designated as a Live/Work Unit by the Declarant and subject to a Supplemental Declaration allocating floor area between living/residential and work space. 17. Lot means an individual lot identified on the Willits Bend final plat that may be conveyed for ownership purposes separate from any other lot on the plat. 18. Lot area means the total horizontal land area within the primary lot lines identified on the Willits Bend final plat. 19. Master Association means the legal entity responsible for compliance with the PUD requirements and enforcement of the Willits Bend Conditions, Covenants, and Restrictions. 20. Mezzanine means a habitable balcony area as defined in the International Building Code that shall be contained within a single story of a building. The mezzanine area shall not be divided from the remainder of the story for use or occupancy purposes and that the mezzanine may not exceed 33 percent of the entire floor area of that story. Mezzanines Willits Bend PUD Guide Page 7 6/5/2006 may provide for storage, office, residential dwelling, or other space needs of an allowed use. 21. Non-Conforming Structure means any structure that existed before the Willits Bend PUD was approved by the Board of County Commissioners. A non-conforming structure may be improved and maintained, but may not be expanded. Changing the use of a non- conforming structure that results in an increase in the intensity of the use of the structure is not permitted without the approval of Eagle County. A non-conforming structure damaged to more than 50 percent of its value shall be brought into conformance with the Site Development Plan. 22. Non-Conforming Use means any use of land or structure that existed before the Willits Bend PUD was approved by the Board of County Commissioners. A non-conforming use structure may be continued subject to compliance with the performance standards established hereunder, but may not be expanded. 23. Open space means any area within the Willits Bend PUD that does not include parking and roads, but includes landscaped and improved areas for such purposes as a playground, pedestrian walkways, lawn and other planted areas. Construction within open space is limited to foot paths/sidewalks, landscape area and irrigation structures, erosion protection devices, storm water detentions areas, product and art display areas, underground utilities, outdoor recreation facilities, trash enclosures, signs, light poles, and similar features. 24. Parcel coverage means that portion ofthe gross parcel that may be covered by enclosed buildings, driveways, parking areas, walkways, and open space. 25. Planned Unit Development (PUD) means a zoning district approved by Eagle County, specific to the Willits Bend Gross Parcel and permitting the residential, commercial and light industrial uses, open space and other allowed under this PUD Guide. 26. Planned Unit Development Guide means a formal document that establishes the permitted land uses and building restrictions within the Willits Bend PUD and controls the overall development ofthe PUD. 27. Principal use means the primary activity conducted by a use or business. 28. Road or Street means the central 26-foot driveway that is reserved, as provided for in this PUD Plan, to meet the needs of residential dwelling, commercial and light industrial uses in the Willits Bend PUD, which may be common element of the development or a dedicated right-of-way. 29. Setback means the distance from the Willits Bend gross parcel boundary, within which no enclosed buildings or projections there from will be constructed, except that covered parking, that is open on at least three sides, and trash enclosures will be allowed in a buffer area. 30. Service commercial use is one that employs people to provide a service to others and the Willits Bend PUD Guide Page 8 6/5/2006 production of a tangible good from other materials is not its primary function. 31. Supplemental Declaration means any declaration which supplements the Master DecIaration by imposing specific requirements, restrictions or limitations on the use of specific condominium units and which may establish separate condominium associations for buildings within the Willits Bend PUD. IV. Allowed Land Uses This PUD zone district allows a mix of land uses, including all of the following uses. An allowed use must comply with the performance and design standards established in this PUD Guide. 1. Buildings 1,2,3,4,5,6, 7, 8, and 9 a. Automotive and Vehicle Parts Store b. Agricultural Supplies and Materials Store c. Bakery d. Studio for Conduct of Arts and Crafts e. Photography Studio f. Print Shop or Publishing g. Recycling Collection or Drop-Off Center h. Food or Beverage Store i. Restaurant, not to exceed 20 seats, which may be located in the Building #3 envelope. J. Shoe Repair k. All manner of building contractors, including but not limited builders, electricians, plumbers, painters, glazing, heating and mechanical, and related material suppliers l. Computer Service m. Laundry or Dry Cleaning Pick-Up Station n. Office, Business or Professional o. Open space p. Tailor Shop for the repair and alteration of clothing q. Warehouse or Storage r. Gallery Space s. Garden Supply and Plant Materials 1. Assembly, including furniture and other products, which may include fabrication of parts provided that the use conforms to the required perfonnance standards u. Distribution Services v. Wholesale establishments with less than 50 trips per day. 2. Lot 1 and 2 a. Allowed uses in Building Envelopes 1-9 b. Covered parking spaces c. Open space/greenbelt/public gathering Willits Bend PUD Guide Page 9 6/5/2006 d. Sidewalks, overhead walks and elevators e. Parking aisles and parking f. Neighborhood play area/park and related structures and surfaces g. Trash receptacles h. Outdoor display areas, as provided for in the PUD Guide 1. Appurtenant architectural elements of a building, as allowed in the PUD Guide 3. Lot 3 a. Open Space/GreenbelUPublic Gathering b. Sidewalks c. Neighborhood Play Area/Park 4. Tract 1 a. Road b. Open space c. On-street parking d. Sidewalks e. Site lighting f. Project and Directional signing g. Landscape V. Limited Review Uses 1. Purpose. Because of their character, potential traffic impacts, potential environmental impacts upon nearby uses or uses in the same or adjacent buildings, or the potential visual impacts of certain design changes on the surrounding neighborhood, certain uses or activities are generally acceptable in Willits Bend but shall be subject to a limited review to ensure compliance with adopted standards. Before approval is granted a determination shall be made that the use, attributes of the use, or the design change complies with the intent ofthe PUD, all of the applicable standards set forth in this PUD Guide, and/or all applicable building and fire codes adopted by Eagle County. The following are allowed subject to a limited review. a. Substantial alteration to building designs, as represented in Section XIX of this PUD Guide. b. Residential Dwelling Units and Live/Work Units c. Shop for Blacksmith, Cabinet Maker, Woodworking, Machining, or Sheet Metal d. Vehicle, Aircraft and Pleasure Boat Service or Repair Assembly, which does not include any fabrication of parts e. Commercial Laundry or Dry Cleaning Plant f. Auto Repair Garage g. Wholesale Establishments exceeding 50 trips per day, which may including sale of appliances, automotive and vehicular equipment, beverages, building materials, Willits Bend PUD Guide Page 10 6/5/2006 clothing, dry goods, feed, food, furniture, garden supply and plant materials, hardware and other similar uses h. Manufacture, Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials 2. Approval Required. A limited review uses identified in this section or design change may be approved in accordance with the procedures set forth in Section 5-300 of the Eagle County Land Use Regulations (Limited Review Use). 3. In reviewing a limited review use for consistency with approved standards, the Basalt Rural Fire Protection District may engage outside experts to review the proposed use at the applicant's expense. 4. Review Criteria for Architectural Design Changes. In determining if a special review use is appropriate at the proposed location, Eagle County will consider the following. a. In no case will Buildings 5, 7 and 9 be allowed to be more than two stories. b. Design changes that have the effect of increasing building massing in Building 5, 7 and 9 are not allowed. c. The building height and mass resulting from the design change will not substantially affect or be out of character with the prevailing scale and form and proportion of surrounding buildings. d. The resulting design change will not result in a reduction in architecture character and aesthetics from that represented in Section XIX. VI. Accessory Retail Use A retail use is permitted for an allowed uses in the PUD only when the retail use is an accessory to the principal use. An accessory use will not occupy more than twenty-five (25) percent of the leaseable floor area in which the principle use is located. VII. PUD Dimensional Limitations 1. Gross Parcel Size 201,522 S.F. 2. Willits Bend Gross Parcel Limitations a. Maximum Floor Area Ratio 0.459 : 1 of the gross parcel b. Maximum Gross Parcel Ground Coverage Willits Bend PUD Guide Page 11 6/5/2006 I. Buildings 41,972 S.F. /20.8% 11. Driveways and parking 84,655 S.F. /42.0% iii. Walkways 16,304 S.F. / 8.1% IV. Other Open Space 58,591 S.F./29.1% 3. Setbacks a. Minimum Setback from Willits Lane/ 25 feet South Parcel Boundary b. Minimum Setback from North 20 feet Parcel Boundary c. Minimum Setback from Side Parcel 12.5 feet Boundaries d. Front, Side and Rear Lot Setbacks o feet; there shall be no standard setbacks from internal front, rear, and side lot lines. All building shall be constructed within a designated building envelope. No portion of a building may extend beyond a building envelope with the exception of: 1) a second or third story, external walkway, covered or uncovered; provided however, the walkway must be at least 13'6" above ground level, 2) a stairwell or elevator provided for the purposes of providing accessibility to the second or third floor, 3) a two-foot roof overhang, or 4) a removable awning. In no instance, will a second or third story external walkway project beyond any sidewalk in Tract 1 so as to project over on-street parking. Nor shall any second or third story external walkway project more than eight (8) feet beyond a building, except as required by the me to provide handicapped accessibility. 4. Maximum Allowable Building Square Footage 92,555 S.F. 5. Building Envelopes The size and location of each building envelope shall be as delineated on the Willits Bend PUD Final Plat. Willits Bend PUD Guide Page 12 61512006 6. Maximum Allowable Building Footprints Building 1 2,088 SF Building 2 5,252 SF Building 3 1,152 SF Building 4 6,600 SF Building 5 5,400 SF Building 6 6,000 SF Building 7 4,000 SF Building 8 7,280 SF Building 9 4,200 SF 7. Maximum Building Height 35 feet; except stacks, vents, elevator structures and similar mechanical building appurtenances, solar panels, stair enclosures providing access to open rooftop decks, antennas, and non-inhabitable building appurtenance may exceed the height limit by 10 feet. 8. Maximum Number of Stories 3 9. Square Footage Limitations by Type of Use a. Retail Use 6,000 SF Maximum b. Service Commercial/Office 8,000 SF Maximum c. Restaurant 1,500 SF Maximum d. Residential Dwelling Units 24,000 SF Maximum including the residential component of LivelWork Units VIH. Snow Storage An area totaling at least 2.5 percent ofthe total surface parking and driveway coverage, or a minimum of 2, I 09 square feet, shall be allotted and maintained for snow storage. However in no instance shall snow be stored within the emergency access easement. IX. Parking Requirements 1. Parking Required The PUD Parking Plan shall be according to Exhibit 2, and shall allow two parking alternatives. One will include up to 168 spaces, which is allowed until the Road is extended to the north to connect with Valley Willits Bend PUD Guide Page 13 6/5/2006 Drive and Highway 82. Following the Road extension, an alternative layout shall be permitted, including at least 161 parking spaces. 2. Minimum Number of Parking Spaces 161 spaces a. Regular 155 Spaces b. Handicap Accessible 6 Spaces 3. Minimum Size Perpendicular 9' x 18' with 2 foot overhang; Diagonal 9' x 19' with 2 foot overhang; Parallel 9" x 22' 4. Angled Parking Angled parking shall be 45 degrees or 90 degrees 5. Parking by Type of Use Type of Use Parking Spaces Required Retail, Service Commercial and Office 1 space per 250 S.F. of net leaseable floor area Restaurant and Tavern 1 space per every 4 indoor seats Manufacturing and Light Industrial 1 space per 1,000 S.F. of net leaseable floor area Wholesale Establishment and Warehouse 1 space per 2,000 S.F. of net leaseable floor area Residential Dwelling Units and Live/Work Living Space A minimum of two spaces per one bedroom or studio unit; 2.5 spaces per 2 or 3 bedroom unit; and 3 space for 4 or more bedrooms. 6. Designation of Spaces a. Parking spaces will be commonly owned by the Master Association and spaces will be available to any user within the project. From time to time, the developer/Master Association may choose to designate specific spaces for some or all of the uses within the Willits Bend PUD based on the parking standards in subsection 5 above. Willits Bend PUD Guide Page 14 6/5/2006 b. At such time as the Road right-of-way (Tract 1) is conveyed to Eagle County, as set forth in this PUD Guide, parking spaces within the right-of-way shall not be limited to a specific user, but will be generally available to any user within the PUD. 7. Use of Spaces a. Inoperable vehicles and other vehicles not used on a routine (weekly) basis, and equipment will not be stored in a required parking space. b. No recreation vehicles, trailers, snowmobiles, trailer trucks, non-operable vehicles, and other vehicles that are larger than the typical parking space provided in the project shall be stored on the site. Larger vehicles may use available parking while unloading or for other stays of a short-tenn duration. Loading and unloading of materials and packages is prohibited within the 26 foot drive aisle of the central road (Willits Bend Road). c. Vehicles and construction trailers related to the construction of a particular of a building or infrastructure within the PUD shall be allowed on a temporary basis. These construction vehicles and trailers shall be removed from the site within ten days of completion of the related construction. Construction related vehicles will not block or impede the flow of traffic. 8. Ownership and Maintenance of Parking a. All parking will be a common element of the development and will be owned and maintained by the developer/Master Association, which shall charge a management fee that allows for parking lot maintenance, including snow removal. b. The developerlMaster Association shall be responsible for maintaining all parking spaces within Tract 1. At such time the right-of-way (Tract 1) is conveyed to Eagle County, the County's snow removal responsibility will be limited to the 26- foot drive aisle. The developer/Master Association will retain the responsibility for snow removal for the parking spaces and sidewalks within Tract 1. X. Residential Dwelling Units and Live/Work Space 1. Minimum Square Footage Per Dwelling Unit 500 SF 2. Maximum Square Footage Per Unit 3,000 SF. 3. Location of Residential Units Dwelling Units and Live/Work Units may be provided on the second or third floor of any building. The amount of first floor residential floor area shall be Willits Bend PUD Guide Page 15 6/5/2006 limited to 10 percent of the first floor and no residential unit on the first floor shall exceed 500 square feet in size, unless larger units or more floor area is justified as part of a bona fide Live/Work arrangement and approved by special review. The work space of restricted or non-restricted Live/Work Units shall front on Willits Bend Road or the internal driveways. 4. Maximum Number and Floor Area of Dwelling Units (including Live/Work) 16; provided the total square footage for all residential space will not exceed 24,000 square feet; the actual number of units constructed will be determined by the developer according to the provision for Allocation of Residential Units in the PUD Guide. 5. Minimum Number of Restricted LivelWork Units There shall be at least 4 restricted LivelWork Units as required by the Local Resident Housing and Commercial Affordability Plan. 6. Maximum Number of Bedrooms per 3 Dwelling Unit XI. Allocation of Square Footage by Type of Use and Residential Dwellings and Change of Use l. The developer shall determine if a proposed use is specifically allowed in the PUD. The developer shall permit only those uses that are allowed within the PUD. The developer shall submit a request for determination to the Eagle County Planning Department, which shall promptly render a decision, whenever there is question as to whether a specific use is allowed under the provisions of this PUD Guide. 2. The developer shall establish the number of residential dwelling units, including LivelWork Units, allowed for each building, which shall be subject to the limitations set forth in this PUD Guide. The allocation of residential dwelling units or Live/Work Units in each building shall be subject to a Supplemental Declaration. 3. The developer shall calculate non-residential square footage and allocate said square footage for a use to each building within the PUD, which at all times shall be subject to the minimum and maximum limitations set fort in Sections VI, VII, and XI above. Willits Bend PUD Guide Page 16 6/5/2006 4. The developer shall submit a square footage analysis with an application for any building permit or tenant finish permit to Eagle County, demonstrating that the development of each building and the PUD in total continues to comply with use and square footage limits established in this PUD Guide. Issuance of a building permit will then constitute a certificate of zoning compliance in accordance with Section 5-210 of the Eagle County Land Use Regulations. 5. A change of use permit (tenant finish permit) will be required when there is a change from a previously allocated use. An applicant for a change of use shall apply to Eagle County to ensure compliance with all provisions of this PUD Guide. With a change of use application, the developer shall submit a square footage analysis as described in subsection (4) above. Issuance of a change of use permit will then constitute a certificate of zoning compliance in accordance with Section 5-210 of the Eagle County Land Use Regulations. 6. The Developer reserves the right to assign this right and responsibility to the Master Association. XII. Continuation of Existing Uses and Structures 1. The PUD Guide recognizes that there are uses of the property existing before the approval ofthe Willits Bend PUD. Any pre-existing use that does not conform to the list of allowed uses in this PUD Guide shall be considered a legal non-conforming use. These uses will be permitted to remain in their current location, provided the non-conforming use must comply with the PUD Performance Standards set forth hereunder. At such time as a pre-existing building, in which a legal non-conforming use is located, is removed to allow development which conforms to Final Plat, then the non-conforming use shall be discontinued immediately. 2. The PUD Guide recognizes that there are pre-existing buildings on the property. Each existing building shall be considered a legal non-conforming structure. A non-conforming structure may remain on the property until it is removed to allow development complying with the PUD Site Plan. 3. All existing uses and structures will comply with the Article 6 of the Eagle County Land Use Regulations, Non-conformities. To the extent ofa conflict between the provisions of Article 6 and this PUD Guide, the requirements ofthe PUD Guide shall control. XIII. PUD Performance Standards These compatibility regulations provide design and performance standards that will be applicable not only to the project as a whole, but also to uses in the PUD. These PUD Performance Standards are provided to ensure that uses in the PUD do not infringe upon one another. They will also ensure that uses within the PUD do not adversely affect neighboring uses outside the Willits Bend PUD Guide Page 17 6/5/2006 PUD. It shall be the responsibility of the Master Association to ensure that all uses with the Willits Bend PUD comply with these performance standards. Enforcement by the Master Association shall occur according to procedures established in this Section or in the Conditions, Covenants and Restrictions, whichever is more restrictive. Eagle County, under the terms of this PUD Guide, retains enforcement authority. 1. Outside Storage and Work Spaces a. Subject to Master Association approval, outside storage of products produced by businesses, artists, and craftsman located in the PUD is permitted as a means to display typical products produced. The Master Association will determine the level of outside display and work space that will be permitted, which shall be in designated areas. No display area for art or produced product will exceed 10 feet by 10 feet when located in open space. Such display areas shall not exceed 3 feet by 10 feet when located on any side walk or paved area immediately adjacent to a sidewalk. In no instance shall such display areas be allowed to hinder or adversely affect the enjoyment of open space or pedestrian or vehicle movement. The Master Association will limit such display spaces to the extent that they will not adversely affect adjoining properties. b. Outside storage of raw materials, supplies used in the production process or discarded materials is not permitted. c. Appliance storage, any type of vehicular repairs or parts storage, or spray painting is not allowed outdoors in the PUD. d. Junkyards, as defined by the Eagle County Land Use Regulations, are prohibited. 2. Perimeter Fencing and Screening a. An eight-foot high solid fence or wall will be located along the easterly property line to create appropriate screening and separation from the adjacent property. It will be the responsibility of the developer to install the fence and the responsibility ofthe Master Association to maintain the fence in a good state of repair. This fence will be installed prior to the initiation of any building permits for the site. A lockable gate, approved by the Basalt and Rural Fire Protection District, will be provided at the east end of the 20 foot emergency access easement noted on Final Plat to allow connectivity to the adjacent property. b. A solid fence or shrub hedge, forty-eight (48) inches in height, will be maintained between peripheral parking spaces and the westerly property boundary to create appropriate screening and separation from the adjacent property. It will be the responsibility of the developer or the Master Association to install and maintain the fence or hedge in a good state of repair. This fence or screening will be installed Willits Bend PUD Guide Page 18 6/5/2006 with the parking that is along the westerly property line. c. The developer may choose, at its discretion, to provided similar fencing along other property lines; provided however, only open, decorative fencing may be provided along Willits Lane. Such fencing, if installed, will not prohibit vehicular or pedestrian access identified on the Final Plat, or site distance at the intersection according to the Eagle County Land Use Regulations. 3. Storage of Fuel. Bulk solid fuel storage above or below ground is not permitted. 4. Environmental Standards a. Solid Fuel Burning. Solid fuel burning fireplaces will not be permitted within the development. Gas burning devices are allowed in any tenant space, building or residential unit subject to compliance with all County requirements. b. Noise and Vibration Standards. i. Every use shall be operated such that the noise level produced by the internal building functions of a use on Monday through Friday does not inherently and recurrently exceed sixty (60) decibels, during the hours of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of eighty (80) decibels for a period not to exceed fifteen (15) minutes in anyone (1) hour although short increases that exceed this amount for no longer than 15 seconds. On Saturdays and Sundays, decibels will be maintained fifty-five (55). The following exemptions are allowed: - Emergency construction work that is necessary to restore property and infrastructure to a safe condition. - Noise resulting from emergency service vehicles. - Noise from snow plowing operations. ii. Noise levels shall be measured at any point of the exterior wall of the building from which the noise emanates and along any parcel boundary line of the Willits Bend PUD and, when there are multiple uses in a single building, noise levels shall also be measured along any wall, ceiling or floor of any building, condominium unit or separate use from which any noise or other environmental pollutants emanate and within any adjacent condominium unit or separate use. The noise level shall be that which is determined to be more restrictive. 1lI. It shall be unlawful, with penalties provided in the Eagle County Code, for any person to create, cause or allow the continuance of any unreasonably Willits Bend PUD Guide Page 19 6/5/2006 loud, disturbing, unusual, frightening or unnecessary noise, which interferes with residents or businesses in the Willits Bend PUD or neighboring residents' reasonable use oftheir properties. Such noises include the following: - Horns and signaling devices. The intentional sounding of any horn or signaling device of a motor vehicle continuously or intermittently, except as an emergency warning device. - The sounding ofa security alarm for more than five (5) minutes. - The repair, rebuilding or testing of any motor vehicle during nighttime (6:00 P.M. to 7:00 A.M.). - Operating or permitting the operation of any motor vehicle or motorcycle not equipped with a muffler or other device in good working order to prevent loud or explosive noises there from. - The use or firing of explosives, firearms or similar devices, which create loud sound. iv. Construction activities will comply with the Eagle County Noise and Vibration standards set forth in Section 4-520 of the Eagle County Land Use Regulations, provided that construction will be allowed between the hours of7:00 A.M. and 7:00 P.M. Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday. To the extent that there is a conflict between the requirements of Section 4-520 and this PUD Guide, the PUD will control. - Construction related noise shall not exceed 80 decibels at the parcel boundary. - The developer and/or the Master Association will be responsible for posting notices to inform workers, including contractors and sub- contractors, about noise restrictions specific to the Willits Bend PUD. - To the extent that jack hammering, drilling, large compressors, and other types of construction equipment that exceed 80 decibels for short durations during the development of the project are required, the developer and/or Master Association will be responsible for notifying property owners within 250 feet of the parcel prior to the initiation of such activity. The notification will provide some expectation of the duration of activity that might be expected and efforts that will be made to minimize the noise impact. v. The Master Association shall be responsible for ensuring that delivery, trash collection and other normal activities that can result in noise that Willits Bend PUD Guide Page 20 6/5/2006 might affect residential units within the project or neighboring properties occur within the periods set forth in this section. VI. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible, without instruments, measured at any point along the Willits Bend PUD parcel boundary and, when there are multiple uses in a single building, vibration levels shall also be considered along any wall of any building from which any vibrations emanate and within any adjacent condominium unit.. vii. Noise and vibration standards, as applied to the residential uses within the PUD, shall be enforced by the Master Association and/or the Eagle County Sheriff's Department. c. Smoke and Particulate I. Every use shall be so operated that it does not emit smoke exceeding a density (opacity) of twenty (20) percent. ii. Every use shall be so operated that it does not emit particulate matter exceeding two-tenths (0.2) grams per cubic foot ofthe flue gas at a stack temperature offive hundred (500) degrees Fahrenheit. iii. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located or the exterior of the building from which the smoke or fumes emanate, whichever is more restrictive. Where more than one (1) use is located in a building, then each use shall be operated so that dust or fumes do not project onto any waIl of any other building or any other use within the building from which the dust or fumes emanates. iv. Each drive aisle/road wiJI be paved as described in this PUD Guide to minimize airborne dust and particulate. v. Each area disturbed by construction activities wiIJ be appropriately treated with water or other suitable material to minimize dust and wiIJ be revegetated as soon thereafter as possible according to the approved landscape plan. d. Odors I. Every use shall be operated such that it does not emit foul or offensive odors. When necessary, exhaust systems will be used which remove noxious odors. 11. Odors shall be considered at any point along any boundary line of the Willits Bend PUD parcel or individual condominium unit or separate use Willits Bend PUD Guide Page 21 6/5/2006 within Willits Bend PUD and, when there are multiple uses of a single building, the effect of an odor shall be measured along any wall, ceiling or floor of any building, condominium unit or separate use from which any odors or within any condominium unit or separate use. e. Water Quality 1. No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws ofthe State of Colorado and the Environmental Protection Agency before operation of the facility may begin. f. Connection to Sanitary Sewer and Water Distribution Facilities 1. All uses within the PUD will be connected to the water distribution and waste waster collection facilities of the Mid-Valley Metropolitan District. g. Irrigation water will only be from an on-site well or from collected storm water run-off h. Heat, Glare, Radiation and Electrical Interference i. Every use shall be operated so it does not emit a dangerous or discomforting degree of heat, glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception, beyond the exterior wall of the building from which the noise emanates or any boundary line of the property on which the use is located or the individual condominium unit or separate use in which the use is located. Sources of emissions shall be shielded, operated indoors or pointed away from neighboring properties or units. 1. Storage of Hazardous Materials I. There shall be a minimum of seven (7) storage control areas per building, as defined in the adopted fire and building code, including up to four (4) on the ground level and three (3) in the upper stories of the building. The use of all buildings, including specific storage requirements for hazardous materials, shall comply with this requirement, which shall be demonstrated at the time of a building permit or tenant finish permit application. II. Ventilation chases shall be provided through the upper stories for each condominium unit designated for a commercial or light industrial use or Willits Bend PUD Guide Page 22 6/5/2006 live/work unit to ensure that ventilation can be directed away from residential and other low impact uses and confined to the property or origin. iii. The developer or Master Association shall cause the annual inspection! testing of fire protection systems. lV. The developer or Master Association will prepare and maintain a hazardous materials contingency plan for the PUD. In addition to any requirements of a special review use, the plan will include the following; - Each business located within the PUD that uses toxic or hazardous substances, in sufficient amounts addressed in the fire and building codes, must maintain and provide to the Master Association with a Hazardous Materials Plan. Individual plans shall identify: 1) the types and amounts of materials or substances uses or stored; 2) a diagram showing the location of all stored substances and the method of storage; 3) a spill prevention plan; and 4) the method of disposal of any waste materials. - The Master Association will forward the plan to the Basalt Rural Fire Protection District for review and approval. - The Master Association will notify the Basalt Rural Fire Protection District of any changes to the plan, including any change of use that affects the plan. - Each business hazardous materials plan shall be collected and maintained by the Master Association. The plan shall be available to the public upon request. - Failure to maintain the Hazardous Materials Plan constitutes a violation of the PUD and shall be deemed a nuisance enforceable through the Eagle County Board of Health. v The Basalt and Rural Fire Protection District may inspect each condominium unit at least one (1) or more times annual, with proper notice given to the Master Association, to ensure compliance. VI. Flammable or explosive liquids, solids, or gases shall be stored to comply with all applicable local, state and federal regulations, with particular attention to any standards adopted by the Basalt Rural Fire Protection District. vii. All materials or wastes that could constitute a significant environmental hazard will be removed routinely from the site, including the property or individual condominium unit, using appropriate handling procedures, as set forth in the Hazardous Material Management Plan, to ensure that such Willits Bend PUD Guide Page 23 6/5/2006 hazards are minimized. viii. Any use that includes hazardous material shall be separately ventilated and meet all applicable fire and life safety requirements of the Basalt Rural Fire Protection District and Eagle County so as not to adversely affect any residential unit, live work space, other individual condominium unit within the PUD, or adjacent property. ix. Any use that includes hazardous materials that could be sufficiently hazardous to pose a significant risk to fire and life safety within the project will not be allowed in the Willits Bend PUD. x. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions. Xl. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that natural causes or forces may transfer them off the property, including any individual condominium unit. XIV. Site Lighting Standards 1. General. All lighting shall comply with the lighting standards of the Town of Basalt, the specific standards set forth in this Section, and the specifications provided in Exhibit 3 2. Location Requirements a. All lighting to the rear of a building will be wall-mounted and located only to mark an employee or resident entrance and will be of no more wattage that is necessary for safety purposes (typically a shielded 75 watt light source). b. Pole lighting will be allowed only along the central Road corridor for the purposes of illuminating pedestrian, parking and drive areas. The light fixture will not be mounted on the pole lighting more than 15 feet above ground level, as illustrated in Exhibit 3. c. Lighting for the purposes of illuminating parking lots will not be provided unless specifically required by Eagle County for safety purposes. d. Bollard lighting, not to exceed four (4) feet in height, may be used along pedestrian paths/sidewalks. Each bollard may have a fluorescent ballast of up to 50-watts. 3. Wall Mounted Fixtures a. Wall-mounted lighting will be no more than twelve feet above grade, except that Willits Bend PUD Guide Page 24 6/5/2006 lighting may be provided above this height for stairs and for entries to second and third story spaces, as illustrated in Exhibit 3. b. Wall pack lighting or any other type of lighting that serves to wash the side of a building, is not permitted. 4. Pole Mounted Lighting a. The maximum lighting fixture height will be fifteen (15) feet. b. A minimum of seventy-five (75) feet will be maintain between pole mounted lights located along the central Road corridor, except when fixtures are located on opposing comers at pedestrian cross walks. c. Lighting tixture design will be as illustrated in Exhibit 3. d. There will be no more than one fixture per pole. e. Foot candles will be the minimum necessary to allow for adequate safety in nearby pedestrian areas. 5. Light Source for Wall or Pole Mounted Fixtures a. The light source will be low-pressure sodium, incandescent or low wattage fluorescents. b. Exterior lighting will not case glare or trespass onto adjacent properties. 6. Lighting Intensity. There may be low intensity backlighting of the project entry signs. The light source will not be visible from the public roadway. 7. Non-Conforming Lighting. All site lighting in existence at the time of PUD approval will be brought into compliance with the issuances ofthe first building permit for the property. xv. Sign Standards All signs within the PUD shall comply with the signing regulations of Eagle County, as set forth in Section 4-430 of the Eagle County Land Use Regulations, except as otherwise allowed herein. 1. Individual Signs a. A sign plan, as illustrated in Exhibit 3, allows an identification sign near the entry to each module of interior space. A module is typically about 1,000 square feet. A residential unit or commercial or light industrial space may occupy one or more of these spaces. Willits Bend PUD Guide Page 25 6/5/2006 b. Each module/space will be allowed one wall mounted individual sign, as illustrated in Exhibit 3. The occupant/tenant may have more than one sign if it occupies more than one module/space. c. Each individual sign may be up to eighteen (18) square feet, measuring two feet by nine feet. Letters may not exceed fourteen (14) inches in height. d. Each individual sign may be illuminated only with wall-mounted lighting, as illustrated in Exhibit 3. e. A sign may be located up to twelve (12) feet above the floor ofthe level on which the space is located. 2. Address Signs. Address signs are allowed for each use, as illustrated in Exhibit 3 and in three-inch letters on the door. 3. Business Directory Sign a. A business directory sign, that measurements of which shall be according to the Eagle County Sign Regulations, is allowed at each entrance to the project. b. Only one business directory sign, oriented toward Willits Lane, will be allowed until the Road is extended to the north to connect to Valley Drive and Highway 82. At that time, a second business directory may be provided that is oriented to the north entry. 4. Project Identification or Entry Sign a. Two signs will be permitted. One sign may be oriented to Willits Lane. The second sign, which may be allowed once the central Street is extended to the north, will be oriented to Willits Bend Road at the north end of the project. b. A Project Identification sign shall be located at least fifteen (15) feet from the property line on the south end ofthe project and shall be sited so that it does not hinder sight distance for vehicles turning into or exiting the project. The sign on the north end of the project shall be located on Lot 1 or 2 and it shall be sited in a manner that does not hinder pedestrians or sight distance. c. Letters may be up to fourteen (14) inches in height and each entry sign may be up to 32 square feet. 5. Sign Permit a. Signs shall be subject to any permits required under the Eagle County Land Use Regulations. Willits Bend PUD Guide Page 26 6/5/2006 XVI. Local Resident Housing and Commercial Affordability Plan The use and occupancy of certain condominium units within Willits Bend will be subject to the Local Resident Housing and Commercial Affordability Plan approved by Eagle County in conjunction with final approval of the Willits Bend PUD. This Plan is attached as Exhibit 4. XVII. Animals The Animal Control Regulations in effect for Eagle County shall govern the control of domestic animals in the Willits Bend PUD. A series of escalating fines for pet/animal owners that allow their dog to run loose will be incorporated into the Covenants, Conditions and Restrictions. XVIII. Trash Any overnight storage of trash outside must be contained in wildlife proof trash receptacles in the locations defined in the PUD Site Plan. Trash removal shall be the responsibility of the Master Association. XIX. PUD Special Design Features l. Architectural Design Features a. Building locations (numbered 1 through 9) shall be as delineated on the PUD Plan provided in Exhibit 5. b. Buildings 1 and 2 may be three (3) stories. Buildings 3, 4, 5, 6, 7, 8, and 9 will be two stories, with allowances for internal mezzanines. c. Building elevation designs for buildings 1 and 2 will generally comply with those illustrated in Exhibit 5. Substantial alteration in the fa~ade and roof lines from those illustrated will require approval by Eagle County through the Special Review process set forth in this PUD Guide. d. Building elevation designs for buildings 3, 4, 5, 6, 7, 8, and 9 will generally comply with those illustrated in Exhibit 5. Substantial alteration in the fa9ade and roof lines from those illustrated will require approval by Eagle County through the Special Review process set forth in this PUD Guide. e. Non-permanent architectural design features lower than 13' 6" above grade, such as awnings, canopies and other similar features that project from the front of a building, are allowed; provided however, no portion of such an above grade Willits Bend PUD Guide Page 27 6/5/2006 extension may extend beyond: a) any sidewalk in Tract I so as to project over on- street parking or b) six feet beyond a building envelope. All projections beyond a building envelope must be approved by the developer or the declarant in accordance with the Master Declaration. In no instance, will such architectural design features block or otherwise hinder pedestrian or vehicular traffic or emergency services operations. f. To help minimize the fire hazards, non-combustible materials will be use on the roof of all new structures in the PUD. 2. Roads and Parking Aisles a. Minimum Central Drive Width 26 feet, excluding parking b. All other parking lot drive aisles 24 feet, excluding parking c. The width of the central road shall measure 26 feet from back of curb to back of curb. Curb and gutter shall be structurally designed to accommodate the load requirements of fire apparatus. d. The central road right-of-way (which includes all of Tract 1 shall be conveyed to Eagle County when a connection to Highway 82 is secured by Eagle County and Eagle County requests dedication. 3. On-Street Parking Allowed on Central Road a. Up to 52 parking spaces shall be allowed. b. Up to 9 of the on-street parking spaces may be parallel parking spaces. c. Up to 25 parking spaces may be at 90 degrees. These spaces will be permitted until Eagle County requests dedication ofthe Road right-of-way, as specifically allowed in this PUD Guide, at which time the developer/ Master Association will reconstruct these spaces to be 45-degree diagonal spaces. 4. Covered parking. Covered parking spaces are allowed in Lots I and 2. 5. Sidewalks a. Sidewalks shall be a minimum of four (4) feet wide. b. A sidewalk located at the end of a diagonal or perpendicular parking space shall be at least six (6) feet wide to accommodate a two (2) foot parking overhang requirement. The entire walkway along the east side of Willits Bend Road, the entire length of the project, will be at least eight feet whenever possible, recognizing that narrower dimensions are permitted to accommodate buildings Willits Bend PUD Guide Page 28 6/5/2006 within the building envelops. c. Handicapped ramps or rollover curbing shall be provided at comers for accessibility. XX. Further Subdivision 1. Condominium (air space) units are allowed in the Willits Bend PUD. A condominium plat shall be submitted to Eagle County for review and approval according to the Minor Type B subdivision process in the Eagle County Land Use Regulations. In such instances, a supplement to the Master Declaration may be recorded to establish a sub-association for the condominiumized building. XXI. Minimum Landscape Standards 1. The minimum landscape provided in the PUD shall conform to the PUD Landscape Plan, as described in defined in the PUD Development Agreement. The landscape plan specifies landscape locations outside of building envelopes, including plant materials, sizes, and amount. 2. The developer/Master Association shall have the authority to approve minor changes to the overall landscape plan, which may occur in conjunction with future construction within any building envelope, so long as a detailed landscape plan for the common open space areas shall generally comply with the PUD landscape plan, which shall be subject to County review as part of a building plan. Final approval by the County shall not be withheld so long as the overall landscape plan continues to comply with the requirements of the County regulations. 3. The developer may adjust the spacing oflandscape material along the Willits Lane right- of-way and provide berming if the developer secures approval from the Town of Basalt to provide landscaping and berming in the Willits Lane right-of-way. 4. Landscape and related improvements, including sidewalk and irrigation, within the Willits Bend right-of-way shall be subject to approval by the Town of Basalt before any such improvements occur. XXll. Revegetation of Disturbed Areas and Best Management Practices l. Revegetation of disturbed areas will be required. Revegetation shall comply with the minimum standards established by the PUD landscape plan. Responsibility for revegetation shall be that of the developer, or the Master Association, with respect to common areas. 2. Runoff shall be controlled and, if needed, diverted away from construction activities. Willits Bend PUD Guide Page 29 61512006 3. All excavated surfaces shall be maintained with adequate moisture to prevent wind erosion. Wash racks or other similar measures will be provided on-site to prevent mud from being tracked onto Willits Lane. 4. During construction, all trash will be stored in containers provided on-site for such purposes. Debris will routinely be removed from the site. 5. Inspections will be made every two (2) weeks, or after a large storm water event, by the developer or Master Association. Each General Contractor will be directed to correct insufficient storm water management practices within one (1) week of reporting. 6. In the event a complaint is received by Eagle County, notification will be forwarded immediately to the Developer or Master Association. If necessary, an on-site inspection will be arranged within 24 hours of the notice and Eagle County will be provided with specific actions that will be undertaken to ensure that the problem is corrected and prevented from reoccurring. XXITI. Building Permits and Construction Management 1. Before an application is submitted for a building permit or tenant finish permit, the developer shall participate in a pre-application meeting with the Building Department and Basalt and Rural Fire Protection District to review proposed uses, performance standards compliance and design requirements. 2. The developer shall obtain a building permit for any construction as required by Eagle County. Construction shall comply with the International Building and Fire Codes, as they may be amended from time to time by Eagle County. 3. All buildings will be provided with a sprinkler system and all sprinklered areas shall comply with NFPA 13, as it may be amended from time to time. 4. All sprinklered buildings shall have the fire department connection facing the central Road, with an outside strobe and horn located within 20 feet of the connection. 5. All sprinkler systems shall be electronically monitored and supervised at an approved central receiving station. All fire alarms shall comply with the International Fire Code. 6. A knox box, holding keys to access the building, shall be provided for each building near the fire department connection, to location of which will be approved by the Basalt and Rural Fire Protection District. 7. Construction will comply with International Fire Code, Chapter 14, Fire Safety During Construction. Willits Bend PUD Guide Page 30 6/5/2006 8. A hydrant shall be installed before combustible construction occurs on the property. The number and location of the proposed hydrants shall comply with the Preliminary PUD Plan and with the applicable codes. 9. The hours of construction shall comply with the standards set forth in Section XII.3(b) of this PUD Guide. 10. The developer will obtain a Willits Lane access permit from the Town of Basalt before construction commences. 11. Prior to any site disturbance, a detailed site plan must be submitted along with any permits which may allow site grading that shows the construction staging area and establishes a Spill Prevention Control and Countermeasures Plan approved by Eagle County Environmental Health. 12. Prior to any site disturbance, a dust suppression plan shall be prepared and approved by the Eagle County Environmental Health Department. Failure to comply with the erosion control and dust suppression plans during construction may result in a Stop Work Order. XXIV. Fire Hazard Mitigation and Management 1. Defensible Space a. It will be the responsibility ofthe developer or Master Association to ensure that diseased, dead or dying trees planted as part of the proposed landscape plant are promptly removed and replaced. b. The landscape plan will not allow the creation of thickets of shrubs, such as serviceberry, oak brush, and sage and trees that will require thinning. c. The Master Association will be responsible for keeping all exterior common areas within the PUD clean of dead vegetation and other flammable debris, and maintaining plant material that is green and healthy throughout the fIre season. d. The landscape plan will include only "fire wise" vegetation. e. All intemallandscape planting areas will be irrigated, either with spray or drip irrigation systems. The developer or Master Association will be responsible for operating and maintaining the irrigation system in good working condition. f. The landscape plan includes turf grass. All lawn areas within the project will be mowed to a height of 6 inches or less. Willits Bend PUD Guide Page 31 6/5/2006 2. Safety Zones a. The pun Plan establishes appropriate Safety Zone vegetation management adjacent to and contiguous with emergency access driveways within the property. The developer or Master Association will be responsible for maintaining, including pruning of vegetation, in a way that retains appropriate Safety Zones. b. All lawn areas within the project will be mowed to a height of 6 inches or less. 3. Water Supply a. Fire hydrants will meet the gallons per minute and static pressure requirements of the NFP AJIFC for the proposed development. b. A minimum of three tire hydrants will be provided, the spacing of which is specifically shown on the PUD Plan and will comply with NFP AJIFC requirements for hose laying given the specific type of development proposed in this PUD. 4. Bulk Fuel Storage a. Bulk fuel (gasoline, diesel or propane) is prohibited. 5. Open Burning Restrictions To appropriately mitigate potential sources of ignition with the POD, the following open burning restrictions will enforced. The Master Association shall be responsible to ensure that these restrictions are enforced. a. Definitions i. Bonfire. The open burning of cut trees, vegetation or lumber. ii. Incinerator. A structure, or portion thereof, container, device or other appliance designed, used or intended to be used for the disposal of combustible rubbish by burning. m. Open Burning. The burning of a bonfire, rubbish fire, or other fire in an outdoor location where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit. IV. Recreational fire. The burning of materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and with a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, cooking or other similar purposes. Willits Bend PUD Guide Page 32 6/5/2006 v. Rubbish. Waste material including, but not limited to garbage, waste paper and debris from construction or demolition. b. Restrictions i. Bonfires, incinerators, opening burning, or the burning of rubbish is prohibited. ii. Recreational fires that contained within liquid fuel or gas fuel stoves, outdoor fires within a fire or barbecue pit, fire ring, grate or charcoal grill are allowed. 6. Miscellaneous a. Roofs and gutters will be kept clear of debris, which shall be enforced by the Master Association. b. Yards will be kept clear of all litter and flammable debris, which shall be enforced by the Master Association. c. Fences will be kept clear of brush and debris, which shall be enforced by the Master Association. d. All condominium or tenant space will be required to keep and maintain a minimum of one fire extinguisher, or as otherwise may be required, which shall be enforced by the Master Association. e. Addresses will be clearly marked and visible from Willits Lane and from the central Road, which shall be enforced by the Master Association. 7. Preparedness, Systems and Communication a. All new structures in the PUD will comply with all building and fire safety codes with respects to fire suppression and protection. Communication with the local fire protection district will be through the normal emergency communications systems. b. Because this area is considered low wildfire hazard potential, standard construction practices will be carried out on the site. A construction trailer or office will be provided and maintained when there is an open building permit issued by Eagle County to ensure that, in case of an emergency, communication with the local tire protection district will be available. XXV. Enforcement 1. The provisions of this Guide shall be enforced according to Section 5-2400 of the Eagle Willits Bend PUD Guide Page 33 6/5/2006 County Land Use Regulations, unless otherwise set forth herein. 2. In addition to the provisions set forth in this agreement for enforcing the tenns of this PUD Guide, the Fire Chief may cause the enforcement of the provisions of Section XXV of the PUD Guide. XXVI. Modifications to This Guide It is anticipated that modification to this Guide will be necessary from time to time as the project progresses. This Guide provides three ways to modify the tenns and development regulations and standards provided herein. These are as follows: 1. Major Modification All major modifications will require an amendment to the Willits Bend POO Plan. Major modifications are those changes or amendments that substantially alter the allowed uses, dimensional limitations (except where allowed by minor modification), or the overall character of all or part ofthe project. Major modifications will be defined and processed according to Section 5-240.F(3)(m), Amendment to Preliminary Plan for POO, of the Eagle County Land Use Regulations. 2. Minor Modification Minor modifications are those changes that will not alter the original concept of the project and may result in a change that continues to be consistent with the original intent ofthe PUD. Minor modifications include, but are not limited to an increase in the size of an individual building envelope and the addition of land uses not previously itemized in the PUD Guide if the use is similar in nature and impact to listed uses and are consistent with the original intent of the PUD. Applications for minor modifications will be processed according to Section 5-300, Limited Review, of the Eagle County Land Use Regulations and will be approved if it is found consistent with the established goals of the Willits Bend PUD Guide. Additionally, minor modifications mayor may not require an amended final plat, processed according to Section 5-290, Minor Subdivision, of the Eagle County Land Use Regulations. . 34 WILLITS BEND LOCAL RESIDENT HOUSING PLAN Willits Bend will contribute directly to the ongoing effort to establish an adequate supply of housing that is financially attainable by individuals who live and work in the Roaring Fork Valley by providing funds for that purpose through the two (2) methods described below and by providing at least four (4) restricted live/work condominium units which are also described below. 1. Real Estate Transfer Assessment. By private covenant enforceable by the County, the initial and all subsequent owners of 100% of the condominiumized commercial space and residential units will be obligated to pay an assessment upon the initial sale and all resales of such space or units. The funds generated by the assessment will be paid to the County and will be disbursed at the direction of the County to provide funding for attainable resident housing in the Roaring Fork Valley. The assessment will be 1 % of the consideration paid upon sale or resale and will be due at the time of closing. There will be no increase or decrease in the amount of the assessment based on the length of ownership. The RET A will be payable by the Seller. Applicant will establish a procedure, similar to that utilized by the City of Aspen for its real estate transfer tax, to facilitate payment and collection of the assessment in conjunction with the closing on the sale of commercial and residential condominium units. The procedure will include a description of exempt transfers and the method by which such exemptions can be obtained. 2. Payment-in-Lieu. In addition to the Real Estate Transfer Assessment described above, the Applicant will pay a flat In-Lieu Housing Fee in the amount of$379,139.86. The In- Lieu Fee will be payable on a square footage basis upon the issuance of Certificates of Occupancy for the individual units within Willits Bend. The square footage rate is $4.12. 3. Use of Funds. The Real Estate Transfer Assessments and In-Lieu Fees collected by the County will be utilized by the County to promote affordable housing development in the Roaring Fork Valley to the greatest extent possible. 4. Live/Work Units. At least four (4) restricted "LivelWork" units will be provided within Willits Bend. Those four (4) units comprise twenty-five percent (25%) of the restricted maximum number of units allowed. The Live/Work units will be selected and designated by the developer and made subject to a recorded covenant or deed restriction. The covenant will be patterned after a similar covenant concerning occupancy and resale for resident occupied units in the Willits Town Center POD. A LivelWork unit is a separate condominium space within Willits Bend that must contain a residential component and may include a workspace. The Live/Work unit may only be sold to a "qualified buyer" defined as a natural person and hislher immediate family who is employed full-time in the Roaring Fork Valley. There will be no priority among qualified buyers and no asset or income limitations. But, the qualified buyer must occupy the Live/Work Unit as their primary residence. LOCAL RESIDENT HOUSING PLAN - Revised 062606 doc Exhibit "E" DECLARATION OF RESTRICTIVE COVENANT REAL EST ATE TRANSFER ASSESSMENT This DECLARATION OF RESTRICTIVE COVENANT (hereinafter "Restrictive Covenant") is made by BLUE CROW, LLC, a Colorado limited liability company ("Owner"), effective ,2006. RECIT ALS A. Owner is the owner of certain property in Eagle County, Colorado, described as Lots 1 and 2, according to the Final Plat of Willits Bend Planned Unit Development recorded , 2006, in the Eagle County Clerk and Recorder's office in Plat Book _ at Page _, as Reception No. (the "Property"). B. Owner has voluntarily agreed to impose a real estate transfer assessment, as more particularly described below, on the sale and resale of the Condominium Units that may be located on the Property in order to implement the Local Resident Housing and Commercial Affordability Plans that were approved by Eagle County pursuant to Board of County Commissioners Resolution 2006- DECLARATION FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Owner hereby covenants and agrees as follows: 1. Transfer Assessment. Upon the transfer of any Condominium Unit, or interest therein, the Grantee shall pay to Eagle County a transfer assessment of one percent of the Consideration paid (the "RETA"). Such assessment shall be due and payable by the grantor at the time of Transfer in accordance with the provisions hereof. 2. Definitions. For the purposes of this Restrictive Covenant, certain words are defmed as follows: (a) Condominium Unit. "Condominium Unit" means any condominium established on the Property, whether wholly residential, partially residential and partially commercial (live-work units), or wholly commercial, as shown on the Condominium Map approved by Eagle County and recorded in office of the Clerk and Recorder of Eagle County, Colorado. (b) Consideration. "Consideration" means and includes the actual cash paid and/or value of the property delivered, or contracted to be paid or delivered, in return for the transfer of ownership or title to the Property and shall include Exhibit "F" Declaration of Restrictive Covenant Real Estate Transfer Assessment Page 2 the amount of any liens, mortgage, contract indebtedness, or other encumbrance, either given to secure the purchase price, or any part thereof, remaining unpaid on the Property at the time of sale. The term does not include the amount of any outstanding lien or encumbrance in favor of the United States, the State of Colorado, or of a municipal or quasi-municipal governmental corporation or district for taxes, special benefits or improvements. (c) Transfer. "Transfer" means and includes any conveyance of ownership or title to a Condominium Unit or to an interest in a Condominium Unit as evidenced by any deed or instrument or writing wherein or whereby title to a Condominium Unit is granted or conveyed, subject to the exclusions provided herein. "Transfer" for the purposes of this Restrictive Covenant means and includes the transfer of ownership interest of an entity or a partial or fractional interest therein which has as a principal asset an interest in a Condominium Unit. 3. Exemptions. The RET A imposed by this Restrictive Covenant shall not apply to: (a) Any document wherein the United States, or any agency or instrumentality thereof, the State of Colorado, any county, city and county, municipality, district or other political subdivision of the state,. is either the grantor or grantee. (b) Any document wherein the grantee corporation, association or trust has been organized, operated and maintained solely and exclusively for charitable or religious purposes exempt from federal income taxation under the federal Internal Revenue Code, Sec. 501(c)(3). (c) Any document granting or conveying title to a Condominium Unit in consequence of a gift of such property, where no consideration other than love and affection or for a nominal compensation is evidenced by the terms of the instrument of transfer. (d) Any document terminating or evidencing termination of a joint tenancy in a Condominium Unit except where additional consideration of fInancial value is paid in connection with such termination, or a decree or agreement partitioning a Condominium Unit held under common ownership unless consideration of fInancial value is paid in connection therewith. (e) Transfer of title or change of interest in a Condominium Unit by reason of Declaration of Restrictive Covenant Real Estate Transfer Assessment Page 3 death, will or decree of distribution. (f) Any deed or conveyance made and delivered without consideration for the purposes of confirming, correcting, modifying or supplementing a transfer previously recorded; making minor boundary adjustments; removing clouds on titles; granting easements, rights-of-way or licenses; reorganization of an entity; transfers between related (where one entity owns at least 50% of the other entity) entities; or transfers between persons or entities solely for estate planning purposes. (g) Any decree or order of a court of record determining or vesting title, including the final awarding of title pursuant to a condemnation proceeding. (h) Any lease of a Condominium Unit (or assignment or transfer of any interest in any such lease), provided such lease by its terms does not exceed 20 years. In the event such lease exceeds 20 years, the assessment shall be based on the capitalization at ten percent (10%) of the average annual rental over the entire term of the lease, including any renewal term, plus actual consideration, other than rent, paid or to be paid. When the average annual rental cannot be determined, the assessment shall be based on the assessed value of the Condominium Unit covered by the lease. (i) Transfers to secure a debt or other obligation (e.g., mortgage or deed of trust), or releases of property which is security for a debt or other obligation. G) Any executory contract for the sale of a Condominium Unit under which the vendee is entitled to or does take possession thereof without acquiring title thereto, or any assignment or cancellation of any such contract. (k) Any deed or conveyance under execution, sale, foreclosure sale under a power of sale or court decree of lien foreclosure; sheriff s deed; public trustee's deed; or treasurer's deed. 4. Application for Exemption. In the event any document providing for a transfer which is exempt from the assessment herein imposed does not contain language clearly showing its intent and character, the grantor or grantee may apply for and obtain from the Eagle County Housing Department Director a certificate of exemption, which may be affixed to such deed or instrument of transfer. If said Director shall deny the exemption, such denial shall be considered fmal agency action. 5. Payment and Collection of RET A. Declaration of Restrictive Covenant Real Estate Transfer Assessment Page 4 (a) Prior to presenting for recording any deed effecting a Transfer of a Condominium Unit, the grantor or any closing or other agent acting for the parties to the transaction shall payor arrange for payment of the RET A to the Eagle County Department of Housing in the manner prescribed by such department as set forth in subsection (c) of this Section 5 and shall obtain a receipt or other evidence of payment. The Eagle County Department of Housing shall charge an administrative fee for processing payment of the RETA. (b) Each deed effecting a Transfer of a Condominium Unit shall contain the following provision: The property described in this Deed is subject to the Declaration of Restrictive Covenant - Real Estate Transfer Assessment recorded in the office of the Clerk and Recorder of Eagle County, Colorado, on the _ day of , 2006, as Reception No. ("RET A Declaration"). This Deed shall not be presented to or accepted for recording by the Clerk and Recorder of Eagle County unless and until the Real Estate Transfer Assessment required by the RET A Declaration has been paid and evidence of such assessment, or of exemption from such assessment, has been provided to the Clerk and Recorder by the person or entity presenting the Deed for recording. (c) The Eagle County Housing Department Direct()r shall prescribe and promulgate rules and regulations regarding the collection of the real estate transfer assessment required by this Restrictive Covenant and may authorize title insurance companies, other qualified real estate escrow or closing agents, or attorneys to collect the assessment upon the closing of a real estate transaction involving a Condominium Unit and to remit the amount of the assessment to the Eagle County Housing Department. 6. Application of Funds. (a) All funds received by Eagle County pursuant to this Restrictive Covenant shall be deposited and accounted for as a restricted fund. The funds shall be subject to appropriation by the BOCC, for the purpose of promoting affordable housing and, to the greatest extent practicable, promoting such housing in the Roaring Fork Valley of Colorado. (b) The BOCC may borrow money, issue bonds, or otherwise extend the credit of Eagle County for the purposes described above, provided that such bonds or other community obligations shall be made payable from the funds derived Declaration of Restrictive Covenant Real Estate Transfer Assessment Page 5 from this Restrictive Covenant. 7. Penalties and Liens. (a) All assessments imposed by this Restrictive Covenant, if not paid when due, shall bear interest at the rate of eighteen percent (18%) per annum until paid. The amount of the assessment imposed by this Restrictive Covenant and interest due thereon is hereby assessed against the property upon the transfer of which said assessment is imposed, and if not paid when due, such assessment and interest, if any, shall constitute a lien on the property for the amount thereof, which lien shall continue until the amount thereof is paid or until it is discharged of record by foreclosure or otherwise. (b) Any remedies provided for herein shall be cumulative, not exclusive, and shall be in addition to any other remedies provided by law. 8. Relationship to Land. The parties acknowledge and agree that all assessments raised by this Restrictive Covenant are related to and touch and concern the Property, since the assessments are required to be used for a valid public purpose. The owner of the Property will benefit from the expenditure of funds received by Eagle County to promote affordable housing in the Roaring Fork Valley of Colorado. 9. Recording. This Restrictive Covenant shall be recorded in the Eagle County records. 10. Enforcement. This Restrictive Covenant is made for the express benefit of Eagle County and it is intended that Eagle County be a direct beneficiary of this Restrictive Covenant. As such, Eagle County shall have the right and power to bring suit for either legal or equitable relief for any breach, default or lack of compliance with the provisions of this Restrictive Covenant, provided that no suit will be filed until the owner of an affected Condominium Unit is provided with written notice of such breach or lack of compliance and fails to cure such breach or lack of compliance within ten (10) days after the mailing of such notice. 11. Severability. Any determination by any court of competent jurisdiction that any provision of this Restrictive Covenant is invalid or unenforceable shall not affect the validity or enforceability of any other provision hereof. 12. Notices. Any notice, demand, or document which either party is required or may desire to deliver to the other party shall be in writing and may be personally delivered or given by facsimile transmission or given by United States certified mail, return receipt requested, addressed as follows: Declaration of Restrictive Covenant Real Estate Transfer Assessment Page 6 To Eagle County: Director Eagle County Housing Department 500 Broadway Eagle CO 81630-0850 To Owner: Blue Crow, LLC 1712 Willits Lane Basalt, CO 81621 Any notice, demand or document so given, delivered or made by United States mail shall be deemed to have been received on the earlier of the date actually received or the third business day after the same is deposited in the United States mail as a certified matter, addressed as above provided, with postage prepaid. Notice by facsimile transmission shall be deemed given upon receipt of a confirmation by sender. 13. Amendment. This Restrictive Covenant shall not be amended or terminated, except in a written instrument signed and acknowledged by the parties in the same manner as a deed and duly recorded in the real estate records. 14. Term. Except as provided herein, the term of this Restrictive Covenant shall be perpetual. 15. Colorado Law. The interpretation, enforcement or any other matters relative to this Restrictive Covenant shall be construed and determined in accordance with the laws of the State of Colorado. 16. Binding on Successors. The provisions of this Restrictive Covenant shall run with the Property and be binding on all persons who hereafter acquire any interest in the Property, whether as an owner, renter, trustee, or mortgage beneficiary or otherwise. As the direct beneficiary of this Restrictive Covenant, Eagle County shall have a right to enforce the provisions hereof as provided in Section 10 hereof. 17. Encumbrance. Until terminated, each and every provision contained in this Restrictive Covenant shall be deemed incorporated in each deed or other instrument by which any right, title or interest in a Condominium Unit is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. IN WITNESS WHEREOF, Blue Crow, LLC has executed this Restrictive Covenant the date first written above. Declaration of Restrictive Covenant Real Estate Transfer Assessment Page 7 BLUE CROW, LLC, a Colorado limited liability co By: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Acknowledged before me this ~ day of N ~,\~'\. ,2006, by Stephen Crowley, as Manager of Blue Crow, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires \ (I :) \ ~o\{\ . . I ~ \\ ~ ~ ,\\ '- \ \\ \ " , \ t ' ' \ ,,~~\~~t\(\ C'---, \\.\~~"~\~lAlctL>~ Notary Public G:\Client\Crowley\Declaration of Restrictive Covenant Real Estate Transfer Assessmentdoc My ComnIsSIOn Explres 01/1512007 LIVEIWORK COVENANT This Declaration of Covenants concerning the initial sale, occupancy and resale of Live/Work Units in the Willits Bend P.U.D. is made and entered into this _ day of , 2006, by BLUE CROW, LLC, a Colorado limited liability company ("Declaran!"). RECITALS: A. Declarant is the owner of the real property described on the Final Plat of the Willits Bend P.U.D., recorded , 2006, as Reception No. , in the office of the Clerk and Recorder of Eagle County, Colorado, referred to on said Plat and in this Declaration as "Willits Bend." B. Willits Bend is subject to the terms and conditions of Eagle County, Colorado, Resolution No. 2006-_ granting Preliminary Planned Unit Development Approval for the Willits Bend P.U.D., recorded , 2006, as Reception No. , in the office of the Clerk and Recorder of Eagle County, Colorado, which includes a Resident Housing and Commercial Affordability Plans for Willits Bend. C. The Local Resident Housing and Commercial Affordability Plans requires that at least four (4) condominium units ("Units") within Willits Bend be subject to specific live/work requirements and restrictions. D. It is Declarant's intent that the provisions of this Declaration, as they apply to the Units described herein, satisfy the requirements for the creation of Live/Work Units as set forth in the Local Resident Housing Plan. NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby represents, covenants and agrees as follows: 1. Definitions. a. "Owner" means the person or persons who hold fee title interest in and to the Unit. b. "Unit" means Residential Condominium Unit , as shown on the Condominium Map of Willits Bend, Building _, recorded , 20_, as Reception No. , in the office of the Clerk and Recorder of Eagle County, Colorado. c. "Qualified Buyers" are natural persons and their immediate family who live in the Unit at least nine (9) months of the year except as set forth in Section 9 hereof. In determining Qualified Buyers, no prior residency requirement is imposed, there Exhibit "G" will not be any priority among eligible buyers, and there are no asset or income limitations. However, at least one (1) Qualified Buyer must be employed on a full-time basis by an employer, including self employment, whose office or primary business location, if not at Willits Bend, is within the Roaring Fork River Valley, between the Town of Basalt and Glenwood Springs, Colorado (the "Employment Area"). A Qualified Buyer shall be considered to be employed full-time if he/she works for his/her employer (including self employment) at least nine (9) months out of every calendar year. 2. LiveIWork Restrictions. An Owner, in connection with the purchase and occupancy of the Unit must: Be a Qualified Buyer that occupies the Unit as their primary residence during the time that the Unit is owned, except as expressly set forth in Section 9 hereof; limit any business activity on or in the Unit to those uses permitted by the Willits Bend P.U.D. Guide; sell or otherwise transfer the Unit only in accordance with this Declaration; not sell or otherwise transfer the Unit except to a Qualified Buyer; and not permit any use or occupancy of the Unit except in compliance with this Declaration. While Owners are not required to conduct and operate their primary business out of the Unit, they are encouraged to do so. 3. Covenant Running with Unit. The terms and conditions of this Declaration shall constitute covenants running with the Unit, as a burden thereon, for the benefit of and enforceable by the Declarant, the Willits Bend Condominium Association (the "Association), and the Board of County Commissioners of Eagle County, Colorado ("BOCC"), by any appropriate legal action including, but not limited to, specific performance or injunction. Upon acquiring the Unit, the Owner thereby expressly agrees to be and shall be bound by the declarations, representations, covenants and agreements contained herein. Any Owner shall execute and record a Memorandum of Acceptance agreeing to be bound by the terms of this Declaration upon the request of Declarant, the Association or the BOCC prior to or simultaneously with taking title to the Unit. The failure of an Owner to execute such Memorandum shall not invalidate this Declaration or its applicability to the Unit. Nothing herein shall supersede or preclude enforcement of any condominium declaration for the Unit recorded in the office of the Clerk and Recorder of Eagle County, Colorado. In the event of a conflict between this Declaration and any such condominium declaration, the more stringent requirement shall apply, unless otherwise specified herein. Where the approval of both the BOCC and the Association is required, the approval of the Association shall first be obtained. 4. Foreclosure of First Deed of Trust and Right of Redemption. By recording a deed of trust against the Unit, an Owner and the holder of the note secured by such deed of trust agree that in the event of a foreclosure of a first deed of trust against the Unit, Eagle County shall receive notice of the foreclosure action from the holder of the promissory note secured by the first deed of trust and Eagle County shall be entitled to and shall have 2 a right and option to redeem the Unit from foreclosure by payment of all amounts owed in such foreclosure, which right of redemption shall be for the same time period and same dollar amount as the Owner's right of redemption. In the event the Owner shall exercise his or her right of redemption, Eagle County shall not exercise this right of redemption and Owner shall be entitled to a Public Trustee's Deed for the Unit. In the event Eagle County exercises this right of redemption and the Owner does not exercise his or her right of redemption, Eagle County shall be entitled to a Public Trustee's Deed for the Unit. In the event the Unit is foreclosed and the Owner and Eagle County, after appropriate notice, shall both fail to redeem the Unit from foreclosure within the time periods allowed by statute, the grantee of the Public Trustee's Deed shall occupy and transfer the Unit only in accordance with this Declaration. 5. Required Sale by Owner. In the event that an Owner is required by the terms of this Declaration to sell the Unit, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission, providing for a I80-day listing period with a real estate broker licensed to sell real estate in Colorado with an office in the Roaring Fork Valley (herein "local broker"). The local broker shall promptly advertise the Unit for sale to Qualified Buyers. 6. Non-Qualified Transferee. In the event that title to the Unit vests by foreclosure, devise or descent in individuals and/or entities who are not Qualified Buyers as that term is defmed herein (hereinafter "Non-Qualified Transferee"), the Unit shall be listed for sale by such Non-Qualified Transferee as provided in Section 5 above, and the highest bid by a Qualified Buyer for not less than ninety-five percent (95%) of the appraised market value shall be accepted. If all bids are below ninety-five percent (95%) of the appraised market value, the Seller may accept such offer or the Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee. Such Non-Qualified Trustee shall be considered an Owner for purposes of the provisions of Section 5.a and b. The Non-Qualified Transferee shall join in any sale, conveyance or transfer of the Unit to a Qualified Buyer and shall execute any and all documents necessary to do so. Non- Qualified Transferee agrees not to: (a) occupy the Unit; (b) rent all or any part of the Unit, except in strict compliance with Section 9 hereof; or (c) sell or otherwise transfer the Unit except in accordance with this Declaration. Where the provisions of this Section 6 apply, Eagle County may require the Non-Qualified Transferee to rent the Unit in accordance with the provisions of Section 9. 7. No Maximum Resale Price. There shall be no maximum resale price for the Unit. 8. Sale If Not Primary Residence. In the event Owner changes domicile or ceases to utilize the Unit as his/her sole and exclusive place of residence except as provided in Section 9, the Unit shall be offered for sale pursuant to the provisions of Section 5 of this 3 Declaration. Owner shall be deemed to have changed Owner's domicile by becoming a resident elsewhere or residing in the Unit for fewer than nine (9) months per calendar year without the express written approval of Eagle County. Upon the prior written approval of Eagle County Housing Department Director, Owner shall be permitted a temporary leave of absence of reasonable duration for purposes such as education, military service, illness, death in the family, temporary employment, or other hardship or opportunity. Where the provisions of this Section 8 apply, Eagle County may require the Owner to rent the Unit in accordance with the provisions of Section 9 below. 9. Rental. Except for the Declarant, an Owner may not, except with prior written approval of Eagle County and subject to Eagle County's conditions of approval, rent the Unit for any period of time. The requirements of this paragraph do not apply to nor preclude the Owner-occupant from sharing occupancy of the Unit with non-owners on a rental basis, provided Owner continues to meet the obligations contained in this Declaration. 10. No Subdivision. In no event shall the Owner further subdivide the Unit to create an additional or separate dwelling property, as defined in the Eagle County Land Use Codes, in or on the Unit. 11. No Indemnity. Nothing herein shall be construed to require Eagle County to protect or indemnify the Owner against any losses attributable to the Unit. 12. BreachlInspection. In the event that Eagle County has reasonable cause to believe the Owner is violating the provisions of this Declaration, Eagle County, by its authorized representative, may inspect the Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner at least twenty-four (24) hours' written notice. 13. Breach Notice. Eagle County, in the event of a violation of this Declaration is discovered, shall send a notice of violation to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure such violation. Said notice shall state that the Owner may request a hearing before Eagle County within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Declaration. If a hearing is held before Eagle County, the decision of the Board of County Commissioners based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. 14. Failure to Cure. In the event that the Owner fails to cure any breach, Eagle County may resort to any and all available legal action, including, but not limited to, specific performance of this Declaration or a mandatory injunction requiring sale of the Unit by Owner. 15. Conveyance Void. In the event the Unit is sold or conveyed without compliance 4 herewith, such sale or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of the Unit, for all purposes, shall be deemed to include and incorporate by this reference the covenants herein contained, even without reference therein to this Declaration. 16. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Declaration. Said notices, consents and approvals shall be to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Blue Crow, LLC 1712 Willits Lane Basalt, CO 81621 To Eagle County: Director Eagle County Housing Department 500 Broadway Eagle CO 81631-0850 17. Severability. Whenever possible, each provision of this Declaration and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under applicable law, such invalid or prohibited provision shall be ineffective to the minimum extent of such invalidity or prohibition without invalidating the remaining provisions of such document or this Declaration. 18. Choice of Law. This Declaration and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 19. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 20. Section Headings. Section headings within this Declaration are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any tenns or provisions contained herein. 21. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Declaration shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Declaration. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. S 22. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 23. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 24. Further Actions. The parties to this Declaration agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Declaration or any agreement or document relating hereto or entered into in connection herewith. 25. Modifications. Modifications to this Declaration shall be effective only with the approval of Eagle County, which shall not be unreasonably withheld, and only when made by a writing signed by the Declarant, or its successor, and recorded with the Clerk and Recorder of Eagle County, Colorado. IN WITNESS WHEREOF, the Declarant has executed this instrument on the day and year above first written. ST ATE OF COLORADO ) COUNTY OF l<<0e ) ss. ) The foregoing instrument was acknowledged before me this \6 -\-h day of N 0\:tQ '\~k:"\ , 2006, by Stephen Crowley, as Manager of Blue Crow, LLC. Witness my hand and official seal. My commiss ion expires: \ \ \ S\ :)00 ~1 r\ (' \\ \ t\ '.' \ '. \ f' .,.~ ~~~\\ '\- . ~ tl"- ). \.\ \J_j Notary Public G:\RLM\ContracrsIWillets Live Work Covenant (2).doc 6 MyCommisslon Expires 01/1512007