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HomeMy WebLinkAboutR06-120 - approving amendment to Arrowhead at Vail PUD Commissioner 6,) ~ ILf of the following Resolution: moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - I~?JO A RESOLUTION APPROVING AN AMENDMENT TO THE ARROWHEAD A T VAIL PLANNED UNIT DEVELOPMENT Eagle County File No. PDA-00061 WHEREAS, on or about January 9, 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by Bachelor Gulch Village Association (hereinafter "Applicant") for amendment of the Arrowhead at Vail Planned Unit Development (hereinafter the "PUD"), Eagle County File No. PDA-00061; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD Guide to restrict timeshare, interval ownership and fractional fee estate ownership on single-family lots in Lower Bachelor Gulch Village. WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board"); and WHEREAS, at its public meeting held July 5, 2006, the Eagle County Planning Commission, based upon its findings, recommended conditional approval of the proposed PUD Amendment; and WHEREAS, at its public meeting of July 17,2006, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Eagle County Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: 1. Unified ownership or control. The title to all land that is part of this PUD is not owned or controlled by one (1) person. However, the Bachelor Gulch Village Association is the applicant on behalf of the PUD as a whole. 2. Uses. All of the proposed additional uses that may be developed in the PUD are uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 3. Dimensional Limitations. The dimensional limitations that shall apply to the PUD are those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 4. Off-Street Parking and Loading. It has previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment will not adversely effect the adequacy of the existing off-street parking and loading. 5. Landscaping. Landscaping provided in the approved PUD Preliminary Plan has been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. The proposed PUD Amendment does not impact existing landscaping nor require additional landscaping. 6. Signs. The sign standards applicable to the PUD are as specified in the Amended and Restated Guide to the Planned Unit Development Plan, currently in effect for Arrowhead at Vail. 7. Adequate Facilities. It has previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect 2 at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical servIces. 8. Improvements. It has previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect improvements regarding: safe, efficient access; internal pathways; principal access points; and snow storage. 9. Compatibility With Surrounding Land Uses. The development proposed for the PUD has been determined to be compatible with the character of surrounding land uses. The proposed PUD Amendment will not adversely affect this compatibility. lO. Consistency with Master Plan. The PUD is consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Comprehensive Plan. 11. Phasing. A phasing plan is not required for this PUD Amendment. 12. Common Recreation and Open Space. It has previously been determined that the development does comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect common recreation and open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. 13. Natural Resource Protection. It has previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD amendment will not adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 3 14. Consistent with Comprehensive Plan The PUD is consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Comprehensive_Plan. 15. Consistent with Land Use Regulations. It has previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect compliance with these standards. 16. Spatial Pattern Shall Be Efficient. It has previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment does not adversely affect the spatial patterns in the area. 17. Suitability for Development. It has previously been determined that the site was suitable for development. The proposed PUD Amendment does not alter the suitability of the property. 18. Compatible With Surrounding Uses. It has previously been determined that the development is compatible with other development in the area. The proposed PUD Amendment will not adversely affect the compatibility of the resulting development with surrounding uses within the PUD. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminary Plan for PUD: 19. The proposed PUD Amendment (1) is consistent with the efficient development and preservation of the entire Planned Unit Development, and (2) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and (3) is not granted solely to confer a special benefit upon any person. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: 20. Applicant has submitted a PUD Guide which incorporates the necessary revisions to effect the proposed PUD Amendment. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by the Bachelor Gulch Village Association for amendment of the Arrowhead at Vail Planned Unit Development be and is hereby granted with the following condition: 1. 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 Board hereby approves the Amended Planned Unit Development Guide revised and dated July 17,2006, and attached hereto as Exhibit "A"; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the -E day of .L2?ee/ht.-t.e~ 2006, nunc pro tunc to the 17th day of July 2006. COUNTY OF EAGLE, STATE OF ktM,,,,,,,,COLORADO, by and Through Its A TTEST:l,,;Fj~:~~;::1~~~,ARD OF COUNTY COMMISSIONERS . .L:; /:\(,'/[J \}; ~ ~ ~. ..........................;j".1> ~ ~ ~V\\~-; ;r" . H~~)"Ov~"~il. ~ ,. . . '.,.o[ flf'oY TeakJ. SmlOnton .3 PetefF. Runyon Clerk to the Board of Chairman County Commissioners 5 Commissioner mrC~~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone ~ Commissioner Am M. Menconi a- Commissioner Peter F. Runyon . This Resolution passed by '7/0 County of Eagle, State of Colorado. vote of the Board of County Commissioners of the 6 Exhibit" A" AMENDED AND RESTATED GUIDE TO THE PLANNED UNIT DEVELOPMENT PLAN Arrowhead at V ail July 17, 2006 ARROWHEAD AT VAIL ARROWHEAD AT V AIL 11107106 7:41 PM 1 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN AMENDED AND REST A TED GUIDE TO TIlE PLANNED UNIT DEVELOPMENT PLAN FOR ARROWHEAD AT VAIL July 17, 2006 L PURPOSE On June 30,1983, the Eagle County Board of County Commissioners (the "Eagle County Commissioners") authorized the Arrowhead Planned Unit Development (the n Arrowhead PUD") by Resolution No. 83-52, and approved the Arrowhead at Vail Planned Unit Development Plan as defined below, pursuant to the Eagle County Land Use Regulations then in effect and pursuant to the Planned Unit Development Act of 1972, C.RS., 1973 (the "Planned Unit Development Act"). On November 1,1993, the Eagle County Board of Commissioners approved certain amendments to the Arrowhead at Vail Planned Unit Development by Resolution 93-128. This Amended and Restated Guide to the Arrowhead PUD (the "Guide") amends and restates, in its entirety. and supersedes the previously approved Guide to the Arrowhead PUD. The purpose of this Guide is to set forth additional amendments to the Arrowhead PUD to be incorporated into this Guide. The Arrowhead PUD authorizes a total of 2,025 Dwelling Units and 197.000 square feet of Commercial Space on a parcel of land in Eagle County. Colorado. Development within the Arrowhead PUD is administered by the Eagle County Department of Community Development based on provisions contained within this Guide. Building construction within the Arrowhead PUD is governed by the Eagle County Building Resolution as amended from time to time. Vail/Arrowhead, Inc. hereby makes, declares and establishes the following limitations, restrictions, and uses upon and of all real property contained within the subdivision as a Planned Unit Development Plan (pUD Plan), running with the land and binding upon all future owners of a part of the land within the subdivision, so long as these restrictions and this PUD Plan shall remain in effect: ARROWHEAD AT VAIL 11107106 7:43 PM 2 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN IL DEFINITIONS As used herein., the following words and terms shall have the following meanings: 1. Arrowhead M~litan District Quasi-municipal district formed pursuant to the Title 32, 1973 C.RS., as evidenced by Cowt OrdeJ' dated July 16, 1981, creating such district. The Arrowhead Metropolitan District may be hereinafter referred to as the "District " 2. Arrowhead POD. The Arrowhead PUD is a zone district authorized by the Eagle COlDlty Commissioners on June 30, 1983 pursuant to the Planned Unit Development Act as amended from time to time, and contains all the property to be developed by Grantor in Sections 3,9, 10, 11, 14. 15 and 22. Township 5 South, Range 82 West of the Sixth P.M. in Eagle C01Dlty. Colorado. commonly known as Arrowhead at Vail. described in Exhibit A and as amended from time to time. 3. Association. A Arrowhead Association The term shall mean the Arrowhead at Vail Association formed and incorporated to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions, and restrictions contained in this POD Plan with regard to all lands within the PUD other than within Bachelor Gulch Village or in any amendments as hereinafter provided. B. Bachelor Gulch Village Association The term shall mean the Bachelor Gulch Village' Association formed and incorporated to further the common interests of some or all owners of any real property which may become subject to some or all of the provisions, covenants, conditions, and restrictions contained in this POD Plan as they pertain to Bachelor Gulch Village or in any amendments as hereinafter provided. 4. Buildina Coverage. Means the total area of a lot Covered by building or buildings. measured at the ground surface. Building coverage is measured from outside of all exterior waIls at grOlmd level and shall include stairways, fireplaces, covered parlcing and walkway areas, }X!rtexocheres, and all cantilevered building areas. In effect, it is the area that is covered by , building(s) and does not include roof overhangs, lDlenclosed walkways, usable areas 1Dlder above-grade decks, or similar extensions. It excludes Wlcovered decks, porches, patios, terraces and stairways less than 30 inches high. ARROWHEAD AT VAlL 11/07/06 3:27 PM 3 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 5. Building Coverage Ratio. Building coverage ratio means the relationship of building coverage to the area of the lot which is free from water bodies or the lOO-year floodplain (referred to in Eagle COlDlty as the "net developable area"). expressed as an arithmetic ratio. 6. Buil~ Height Building height means: A For lots with an average slo1Je of less than 30 percent: The distance measured vertically. from the finished grade at any given point to the top of a flat root: or mansard root: or to the midpoint between the eave line and the peak of a gable. gambrel. hip. shed. or similar pitched roof; and measUred to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village and Development Area P where the height regardless of roof slope shall be calculated to the mid-point B. For lots with an average slope of30 oercent or greater: The distance measured vertically from the finished grade at any given point along each of the principal sides of the structure to the top of a flat root: or mansard root: or to the midpoint between the eave line and the peak of a gable. gambrel. hip. shed. or similar pitched roof; and measured to the peak of roofs which exceed a slope of 12:24 except within Lower Bachelor Gulch Village and Development Area P where the height regardless of roof slope shall be calculated to the mid-point The measurement of one side may exceed the maximum building height allowable for the zone in which the building is located by a maximum of fifty (50) percent 7. Buildiml Setback. Also referred to as building envelope. the area prescribed by an i:maginmy line extending across the full width of a lot, parallel with the street right-of-way line or property line. No principal building or structures shall be constructed in the area between the street or property line and the building setback line known as the building setback area. 8. Commercial Space. Commercial Space is any area which may be used, rented or leased for the pwpose of generating retail business or consmner services with the intent of producing a financial profit Commercial Space is measured from the inside of finished walls and shall include offices and st9J'age spaces contiguous with the primary area but does not :include auxiliary storage in remote areas. ARROWHEAD A T VAlL 11/07/06 3:27 PM 4 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN A Except as specifically provided below, Commercial Space includes, but is not limited to: (l) Business and professional offices (2) Retail specialty and gift shops (3) Restaurants (4) Banks (5) Barber and beauty shops (6) Laundromatldiy cleaning (7) Shoe repair (8) Automobile repair and service (9) Tavern (10) Cinema (11) Oothing stores (12) Department stores (13) Beverage stores (14) Furniture stores (15) Hardware stores (16) Food stores (17) Real estate sales offices (18) Resort services including any areas for operations of the Arrowhead development (18) Ski rental and sales stores (19) Skier cafeteria B. The following uses will not be considered Commercial Space: (1) All residential and lodging facilities (except for areas used specifically as enwnerated under subp3ragrapb A above), including, but not limited to: (a) Employee housing (b) Condominimns (c) Lodges , (d) DupleX residences (e) . Primary/secondaryresidences (f) Single-famiIy residences (g) Townhouse residences (h) Caretaker writ, within or attached to a primmy single-famiIy residential unit (i) Bed and breakfast lodges (2) Meeting rooms ARROWHEAD AT VAlL 11/07/06 3:27 PM 5 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (3) Banquet rooms (4) Educational classrooms (5) Cultural facilities including. but not limited to: (a) Churches (b) Musewns ( c) Perfonnaoce theaters made available for live performances of artistic merit (6) Recreational facilities or athletic facilities including, but not limited to: (a) Health spas (b) Swimming pools (c) Sports courts (d) Equestrian facilities and horse operations ( e) Golf club maintenance and operations facilities (f) Tennis maintenance facilities and locker rooms 9. Declaration. Means and refers to the Declaration creating Protective Covenants, Conditions, Restrictions and Easements for Arrowhead at Vail as adopted and from time to time mnended for the various filings, also referred to as "Covenants." 10. Design Guidelines. Guidelines for the development of .privately-owned lots within Arrowhead at Vail adopted by the Arrowhead Design Review Coinmittee or for Lower Bachelor Gulch Village adopted by the Lower Bachelor Gulch Design Review Committee which, among other things, iotaplet or implement the provisions of this PUD Plan and the Arrowhead Declarations of Protective Covenants. 11. Design Review Committee. A group of five persons' who shall be responsible for the :vImlniqmion and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines. The Arrowhead Design Review Committee shall be selected pursuant to Article 6 of the Arrowhead Declaration creating Covenants, Conditions and Restrictions. (a) Within Arrowhead at Vail, excluding Lower Bacltelor Gulch Village a group of five persons who shalI be responsible for the administration and enforcement of this PUD Plan. the Protective Covenants, and the Design Guidelines. The Arrowhead Design Review Committee sball be selected pW'SU3l1t to Article 6 of the Arrowhead Declaration creating Covenants, Conditions and Restrictions. (b) Within Lower Bachelor Gulch Village, a group of five persons who together with the Bachelor Gulch Village Association shalI be responsible for the ARROWHEAD A T VAlL 11/07/06 3:27 PM 6 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN administration and enforcement of this PUD Plan, the Protective Covenants, and the Design Guidelines as set forth in the Bachelor Gulch Village Declarations creating the covenants, conditions, and restrictions. 12. Development Areas. A lot or lots or tracts to which PUD Plan provisions may apply. The names of the development areas and lots and tracts that comprise them are contained in Section XI of the PUD Plan. (See Appendix B for map.) 13. Development Area Plan. A plan for proposed construction and physical alteration of a subarea within Arrowhead at Vail that is required by certain of the Development Area Resttictions (Section XI of this docmnent). Said plan shall be subject to approval by the County Commissioners according to the procedmes as outlined. It shall typically identifY the general layout of buildings, parking and other uses to scale, at a preliminary design level suitable for public review, but not at the level of detail typically associated with final design or constIUction documentation. 14. Dwe1liruz Unit One or more rooms occupied by one family or group of people living independently from any other family or group of people and having not more than one indoor cooking facility which is limited to the use of the one family. For purposes of density calculations, one lodge or studio unit shall be counted as one dwelling twit in an Development Areas of Arrowhead at Vail, except in Lower Bachelor Gulch Village where three hote~ lodge, or studio units that are designed to be separately let shall be counted as one Dwelliog Unit so long as no more than one kitchen is included within the three hotel, lodge, or studio units being COWlted as one Dwelling Unit (the "3: 1 Dwelling Units"), provided, however, that the 3:1 Dwelling Units may not exceed 100 Dwelling Units. The following terms shall expand and clarify the definition of Dwelling Unit: A Duplex Structure. A duplex structure consists of two Dwelling Units within a single architecturaJ1y-integrated structure. A duplex is also referred to as the "two-family" strncture and in the Arrowhead Design Guidelines as a "primmy/secondmy" strncture. If the property is :re-subdivided, each of the units can be owned separately as fee simple estates and ownership can then be conveyed or transferred independently. The seCondary 1.D1it muSt be smaller than the primary unit when measured in total floor area, with the specific sizing requirements of primary/secondary structures determined through the Design Guidelines. The secondmy unit must also be integral with the arcbitectme of the primary unit For pmposes of Dwelling Unit definition, each residence counts as a Dwelling Unit, thereby COWlting as two Dwelling Units per structure. Within Lower Bachelor Gulch Village, a primary/secondmy structure consists of two Dwelling Units within a single fee simple estate: one primary unit and one secondmy unit The secondmy unit can be no more than 25% of the Gross Residential Floor ARROWHEAD A T VAIL 11/07/06 3:27 PM 7 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN Area of the PrimarylSecondary Structure, must be integral with the architecture of the primary unit. and cannot be subdivided or separately conveyed or transferred in ownership. B. Condominimn. A condominium is defined as any group of rooms created as a fee simple estate in a defined air space within a multi-unit propa1y. For purposes of Dwelling Unit definition., only condominiums which are considered residential condominimn units shall be COWlted as Dwelling Units. The residential condominiwn will not have more than one kitchen and all rooms will be interconnected through doors or foyers. Within a residential condominium, any bedrooms that connect by doorways directly in the living room, dining room, kitchen or entty foyer are considered part o( a single Dwelling Unit. These f()()QlS may "lock-ofi" from the remainder of the suite with direct access to a corridor or ouiSide entIy but would still be considered part of the residential condominiwn Dwelling Unit, provided that the condominium will have not more than two lock-offs and one kitchen per Dwelling Unit. For the pmpose of this docwnent, two lock-offs will mean that the Dwelling Unit may be divisible into not more than three separately occupiable rooms or suites, whether including the kitchen or not, and shall be COWlted as three dwelling units for purposes of density calculations, except in Lower Bachelor Gulch Village where a residential condominiwn that may be divisible into not more than three separately occupiable rooms or suites shall be COWlted as one Dwelling Unit so long as no more than one kitchen is included within such Dwelling Unit (See Appendix C for an illustration oftypicallock-offunits.) Each lock-offwill require 0.5 (1/2) parking space in addition to the parking requirement for the condominiwn unit. C. Cabin. A residential structure designed to be a ftee..standing unit for occupancy ona short-term basis, providing a rustic resort experience. A cabin may have limited staff and be occupied by groups of unrelated individuals for a nightly or weeldy resort lodging experience. Cabin units are not permitted to be re-subdivided or condominiwnized. For purposes of Dwelling Unit definition., each cabin counts as a Dwelling Unit D. Chalet A residential structure designed to be a ftee..standing unit for occupancy on a short-term basis. Chalet units are to be built in areas designated on the PUD Plan with a unified architectmal theme. If chalet sites are re-subdivided or condominiwnized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transferred independently. For purposes of Dwelling Unit definition., each chalet counts as a dwelling unit 15. Golf Course Tract. A tract within the subdivision which can be used solely for the conduct of the game of golf and related golfing activities or to utilities infrastructure; provided, however. other recreational activities such as hiking. jogging and fishing may be approved Wlder certain ARROWHEAD AT VAIL 11/07/06 3:27 PM 8 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN circumstances by the golf course owner. Horseback riding is prolubited within this tract. A golf course tract may have constructed thereon buildings such as shelters. toilets. pwnp houses. pipe systems, and other accessory structures related to the game of golf or to service the ski development 16. Gross Commercial Floor Area. The total floor area within the enclosing walls of commercial buildings, including closets, setVice areas and interior walls within the units, but excluding balconies. hallways, corridors, stairwells, garages. and setVice areas outside the coDlDlel'Cial building enclosures, and Iminhahitable heating or mechanical or equipment areas. 17. Lodge Unit A unit which is desigDfted, intended, or used for the accommodation of tourists, transients, and permanent guests for compensation. Provision may be made for cooking in lodge units, provided all applicable building codes have been met Iflodge units or lodge unit sites are ~subdivided or condominiumized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transferred independently. 18. Impervious Coverage. Means the portion of a lot covered by materials forming any unbroken surface impervious to water, including: buildings, streets, driveways, parking lots, and other impervious materials. 19. Landscaping Tract. A tract within the subdivision which may remain in its natural and undistmbed state or may be landscaped with grasses and plant materials. 20. Lot A lot within Arrowhead at Vail. 21. Open Space Tract. A tract within the subdivision which can be used solely for recreation uses such as bicycling, hiking, cross-countly skiing, and equestrian activities. An open space tract may have constructed thereon structures associated with such uses including, but not limited to, maintenance facilities and a ski touring or equestrian center. 22. Owner. Any individual, corporati~ partnership, association, trust or other legal entity or combination of legal entities. which is the record owner of an undivided fee simple in one or more of the lots or tracts, except as specifically limited hereinafter. . , . 23. Parking Setback. The area described by an imagjruny line extending across the full width of a lot, parallel with the street right-of-way line or property line. No parking lots or spaces shall, ~ permitted in the parlcing setback area 24. Parking Spaces. Parking spaces are areas designed for the parlcing of automobiles that use the following size requirements: twenty percent (20%) of the parking spaces in the Arrowhead PUD may be sized for compact cars with a minimmn space dimension of 8' x 17'; the remllining 80 percent of the spaces are required to be not less than 10' x 20' if in an uncovered location, and 9' x 19' if covered. ARROWHEAD A T VAlL 11/07/06 3:27 PM 9 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 25. Planned Unit Development Map. Maps contained in the PUD Plan illustrating certain requirements contained in the PUD Plan. 26. Planned Unit Development Plan. Documents created for the purpose of establishing development requirements for Arrowhead at Vail, also referred to as the PUD Plans. 27. Residential Floor Area. Floor area means the swn of the gross horizontal areas of all floors of a building measmed from the outside of all exterior walls. including but not limited to, lofts, stairways, fireplaces, halls. habitable attics, bathrooms, closets, and storage or utilitylmechanical areas; and not including basements, garages or areas designed for parking or loading within the building. 28. Ski Area Tract. A tract within the subdivision which can be used solely for recreation uses such as skiing, bicycling, hiking, equestrian, and outdoor co1tura1 activities such as concerts. A ski area tract may have constructed thereon structures associated with such uses, including but not limited to, ski momtain restaurants, maintenance facilities, lifts, ywts. cabins, and a ski touring or equestrian center. 29. Subdivision. Shall mean a parcel ofland within Arro~ead at Vail which has been shown on a final and recorded subdivision plat pmsuant to 1973 C.RS. Sec. 30-28-101, et. ~., as the same may be amended from time to time. 30. Ymt. Shall mean a flexible walled structure, with or without cooking and sanitaIy facilities, designed for short-term use and limited occupancy in locations specified on the PlJD Plan. m. GENERAL PURPOSES This PUD Plan is made for the purpose of creating development controls that supersede and are in addition to the provisions of the Eagle Comty Zoning Resolution. The Plan is intended to finthec the purposes of the Eagle Comty Zoning Resolution, specifically the Planned Unit Development District, and to create and keep Arrowhead at Vail insofar as poSSIble, desirable, attractive, beneficial and suitable; and to guard against fires and unnecessary interference with the natural beauty of the subdivision, all for the mutual benefit and protection of the owners of the lots in the subdivision. w. MODIFICATION The procedure for modifYing or amending this Planned Unit Development Plan shall be as follows: 1. Substantial Amendments. No substantial modification, removal or release of the provisions of the PUD shaIl be pennitted except upon a finding by the County following a Public Hearing ARROWHEAD A T VAIL 11/07/06 3:27 PM 10 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN called and held in accordance with the provisions of 1973 C.RS., Section 24-67-104(1)(E), as amended, that the modification removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is oot granted solely to confer a special benefit upon any person. For purposes of meeting the public notice requirement established by Section 24-67-104(1)(E), the term "adjoining landowners" shall mean all owners of real property within the PUD as well as owners of land abutting upon or across the street from the PUD. At the time of application for a substantial PUD Amendment, the applicants, Arrowhead at Vail or its agent(s) shall provide mmling labels for adjoining land owners in a format suitable for use for public notification. Adjoining land owners sball be given written notice delivered or mailed first class, postage prepaid, at least IS days prior to either the Plamring Commission or the Board of County Commissioners meeting, at which such modification, removal or release is considered; except that in the case of condominimn owners, notice may be given to the condominimn owners association. Each of the following shall be considered a "substantial modification removal or release" of the provisions of the PUD. A Any increase in the total nmnber of dwelling units or commercial space allowed within the PUD. B. Any change in zone classification of any land within the PUD, unless specifically outlined in Section N. C. Any removal or release of any land from the PUD. D. Any other matter which the Commissioners determine is a substantial modification, removal or release. 2. Other Amendments. Any modification, removal or release of provisions of the pUb which is not a "substantial modification, removal or release" may be adopted after a public hearing, written notice of which has been placed in a newspaper or genel3l circulation in Eagle County at least 10 days prior to the Planning Commission meeting, and at least 30 days prior to the Board of COWlty Commissioners meeting. Said notice shall state the general nature of the prpposed modification, removal or release, and the dates of both the Planning Commission and County Commissioners hearing. 3. In considering an amendment to the PUD Plan, the Board of County Commissioners shall follow the procedures for the PUD Preliminary Plan review; provided, however: ARROWHEAD A T VAIL 11/07/06 3:27 PM 11 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN A Application for modifications may cover only those areas of Arrowhead at Vail affected by any proposed change. B. The Board of Cowrty Commissioners may waive any Preliminaty Plan requirements upon a showing by the applicant that Preliminary Plan requirements have been met previously. 4. Minor Modifications. Subject to the provisions set forth below, minor modifications in land use may be authorized by the Eagle Cowrty Zoning Administrator without requiring an amenchnent to the Arrowhead at Vail PUD. Minor changes which may be authorized by the Eagle Cowrty Zoning Administrator include the following: A Land use changes not to exceed 10,000 square feet to conform to the land use of property immediately adjacent to it; provided, however, that written consent of the Arrowhead at Vail Design Review Committee bas been obtained. Any decision by the Eagle County Zoning Administrator may be appealed in writing within 30 days after such decision. B. Amenchnents to the cwreotly approved Arrowhead at Vail Signage Master Plan or Bachelor Gulch Village Signage Master Plan; provided, however, that written consent of the Arrowhead at Vail Design Review Committee, or in the case of the Bachelor Gulch Village Signage Master Plan. the Bachelor Gulch Design Review Committee bas been obtained. If the Zoning Administrator determines that the proposed changes are of sufficient magnitude to warrant a public hearing. said hearing may be required and conducted in the manner of Section IV.2 (Other Amenchnents) above. S. Unless otherwise noted in Development Area Restrictions which follow (Section XI), building permits or final plats that are consistent with the approved Arrowhead at Vail Preliminary Plan shall be processed by Eagle Cowrty without a requirement that the site development plans be resubmitted for review by the Planning Connnission or Cotmty Commissioners. 6. It is contemplated that the Arrowhead at Vail development will be subdivided in multiple filings. This Plan is designed to address development controls in the entire ArrOwhead development, but it should be expected that the provisions contained in this Plan will be refined. and as a result, changes will occur in subsequent recordings of the PUD Guide. Buyers of lots or tracts in Arrowhead at Vail should be aware that requirements more restrictive than those contained in the PUD Guide Plan may be imposed as a result of the Declaration or Design Guidelines that are recorded separately for Arrowhead at Vail. The most cwrent Design Guidelines for a particular :filing should be consulted prior to formaJi:r.ing development plans for constrnction at Arrowhead at Vail. ARROWHEAD A T VAIL .11/07/06 3:27 PM 12 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN V. EFFECT OF EAGLE COUNTY LAND USE RESOLUTION The provisions of Chapter 2 of the Eagle Comty Land Use Resolution and the successors thereof: as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not inconsistent with the provisions of this PUD Plan. VL CONFUCf If there is any conflict between the provisions of the PUD Plan and the provisions, of the Eagle County Land Use Resolution, or any other ordinances, resolutions or regulations of Eagle County, the provisions of this Plan shall prevail and govern the development of Arrowhead at Vail. VB. DEVELOPMENT PHASING AND DWELLING UNIT AND COMMERCIAL SPACE REPORT Any project may be conslructed in phases, provided that there is compliance with the development standards and requirements applicable to each such phase and any phases previously completed. Each final plat submitted for Comty approval shall be accompanied by a nmning swnmary of commercial area and total munber of dwelling units platted and dwelling units remaining for the Development Area being platted and the project as a whole. except that in Lower Bachelor Gulch a "Dwelling Unit and Commercial Space Report" will be submitted quarterly to Eagle County setting forth the aggregate allocation of commercial space and dwelling units within Lower Bachelor Gulch. VIR. DENSITY STANDARDS The maximum number of dwelling units authorized under the Arrowhead PUD is 2,025 dwelling units. In the event that the number of dwelling units assigned to all Development Areas in the aggregate is less than 2,025, the niaximum number of dwelling units authorized tmder the Arrowhead POD shall remain 2,025. The number of dwelling units permitted in any Development Area shall apply to the entire Development Area and may be clustered without regard to maximum: densities; provided. however, that no requirements contained herein for floor area ratios, building coverage, GCF A, height or setbacks shall be violated. [remainder of this page intentionally left blank] ARROWHEAD AT VAIL 11/07/06 3:27 PM 13 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN IX. USES All lots, tracts and unplatted land in the sulxlivision shall fall within the following Development Areas: DESIGNATION OF FILINGS, OR PORTIONS GENERAL DESCRIPTION DEVELOPMENT AREA THEREOF,CONT~NED WITHIN DEVELOPMENT AREA A 12 Clubhouse, Residential A 13 Village, Ski Area, Recreation, Commercial, Residential, Parkina. Ooen Soace A Dakota at Arrowhead (22) Residential, Parking, Open Soace A-1 12 Wildflower Residential A-2 20 Residential A-2 The Greens Residential. Ocen Soace B 19 Residential B Dakota at Arrowhead (22) Residential C 11 Residential Open Space D 11 Residential, Maintenance, Service. Storace. Parkina E 10 Residential F 17 18.26 Residential Ocen Soace G 18 Residential. Open Space H 15 Residential H 16 Residential. Open Space H 21 Residential I 15 Residential I 21 Residential J 18 Park K 10. 11 12. 15 and 20 Golf Course L Unplatted Open Soace M Unplatted Arrowhead Mountain N 13 Drainaoe. Recreation 0 21 Residential P 27 Residential, Open Space, Recreation The Development Areas are mapped and labeled on the attached PUD Map, Appendix B, a part of the POD Plan. (Lower Bachelor Gulch Village continued on the fonowing page) ARROWHEAD A T VAlL 11/07/06 3:27 PM 14 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN LOWER BACHELOR GULCH vnLAGE Open Space Recreation Tracts A, B, C, X, Z, CC, DO, and XX Tract EE, FF Tracts 0, E, F, G Tracts II. I, J, K, L, M, N,O, Q, R, S, T, V Tract W, U, Y,YV Tract P Lots n-lll, Lots Il2-llS Open Space Wildlife Village Core Multiple Family/Cluster Homes Mountain Lodges Community Facilities Single Family Residential Single Family Primary/Secondary Residential Lots 48-76 X. APPROVAL OF CONSTRUcnON PLANS 1. No building or other structure shall be constrocted, erected or maintained on any lot, nor shall any addition thereto or alteration or change therein be made until complete plans and specifications have been submitted to the COlDlty of Eagle and by it approved in writing, as evidenced by issuance of applicable COlDlty of Eagle building permits. 2. In a nmnber of instances the requirements of this Amended and Restated Guide are less restrictive than the requirements of the Arrowhead Design Guidelines and the Bachelor Gulch Village Design Guidelines. This is by design; the more restrictive provisions of the Design Guidelines will be used for the Arrowhead or Bachelor Gulch Village review. The provisions of this Guide must be met in order to receive an Eagle COlDlty building pemrit 3. The following general restrictions shall govern construction on any lot or tract: A Buildin~ and, Park:in2 Setbacks. There are no minimmn setbacks excep,t as identified in the Development Area Reslrictions (Section XI), and except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Setbacks apply to buildings only. Additional building and/or parking setbacks may be specified in the Arrowhead at Vail and Bachelor Gulch Village Design Guidelines. These Guidelines will be enforced respectively by Arrowhead at Vail aDd Bachelor Gulch Village and not by Eagle County. ARROWHEAD A T VAIL 11/07/06 3:27 PM 15 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN B. Parking Reauirements. Parking spaces shall be provided according to the standards contained in section XI of the PUD Plan describing the Development Area Requirements. No tempormy certificate of occupancy shall be issued for dwelling units in the planned unit development until such time as parking has been completed sufficient to serve that increment of development lDlder construction and ready for occupancy. Parlcing for all uses may be provided on a separate lot and at a distance of greater than 200 feet from the use. provided an acceptable plan which guarantees the availability and accessibility of the parking is approved by the Eagle County CommissioneJS in accordance with the procedure outlined in Section N.2. Upon approval of an acceptable parking plan for a subarea within Arrowhead at Vail. subsequent development requests that utilize padring that is consistent with the plan shall not require additional Commissioners' approval; provided, however, an annual update showing parking as constructed and required shall be presented to the County Commissioners in written form. C. Landscaping. Owners and their representatives or builders will be required to: (1) Submit with all building permit applications a landscape plan to include trees to be removed, prepared by a landscape architect or similarly qualified person. (2) Use existing or natmal drainage paths whenever possible. (3) ConsetVe and protect topsoil, rock formations, trees, significant vegetation areas and unique landscape features. D. Access Vision Requirements. At points of intersection of roads in Arrowhead at Vail, there shall be an uninterrupted line of vision from such intersection points for a distance of 150 feet of the length of the road in either direction from such intersection points; provided, however, this distance shal1 be 800 feet at points of intersection with U.S. Highway 6. . . E. hri2ation Requirements. In order to retain the character of the subdivision, certain irrigation ditches will be maintained within the development for the maintenance of open space. Certain ditches will cross private lots within dedicated easements. The Arrowhead Metropolitan Dislrict will be granted the right to maintain these ditches within said easements. Inigation ditch easements, when necessary, shall be shown on the final plats for Arrowhead at Vail. ARROWHEAD AT VAIL 11/07/06 3:27 PM 16 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN F. Special Use Permit. The purpose of a Special Use Permit is to allow certain permitted uses in addition to Uses By Right in a given land use ~gnation. A Special Use Permit may be authorized by the Eagle County Commissioners without requiring an amendment to the Arrowhead at Vail PUD pursuant to the provisions of this section. A Special Use Permit requires submission of an application tberefOl'to the Eagle C01D1ty Commissioners followed by two public hearings (one before the Eagle County Planning Commission and one before the Eagle County Connnissioners), notice of which (I) has been placed in a newspaper of general circulation in Eagle County, Colorado, at least 10 days priOl' to the Planning Commission meeting and at least 30 days priOl'to the Eagle County Commissioners' meeting. and (2) has been sent by first class mail, at least 15 days priOl' to the hearing before the Pl~ Commission, to (a) each owner ofpropen.y, any boundary of which is within 500 feet of any boundary of the proposed Special Use Permit site, and (b) any entity 01' person who is a then current property owner within the Arrowhead at Vail PUD who has previously filed with the Eagle County Department of Comonmity Development a request to receive notice of any Special Use Permit applicatiQll. Such notices shall state the location and general nature of the Special Use Permit and the dates' of both the Plmming Commission and Eagle County Commissioners hearings. Such Special Use Permit shalI be reviewed by the Eagle County Commissioners and will be approved if the Eagle County Commissioners find that: (I) The proposed use is not materially inconsistent with other existing uses in the area. (2) There is no potential material adverse effect of the proposed use on the character of the adjacent neighborhood or Arrowhead at Vail. (3~ Access to and from the site of the proposed use is adequate. (4) Water and sanitation service for the site of the proposed use is adequate. (5) The physical arrangement of the proposed improvements on the site of the proposed use is appropriate. Any decision by the Eagle C01D1ty Commissioners relating to a Special Use Pennit may be appealed in writing within 30 days of such decision. ARROWHEAD A T VAIL 11/07106 3:27 PM 17 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN G. ~ Signs must conform to the then-current Comprehensive Sign Plan for Arrowhead at Vail or Bachelor Gulch Village as approved by Eagle COWlty Department of Commtmity Development (See Appendix D.) XL DEVEWPMENT AREA REQUIREMENTS The following specific restrictions shall govern construction in the Development Areas: 1. Development Area A - Village/Ski Area DevelolIDlent Zone. A Uses. (1) Single, two-family and multiple-family dwelling units and lodge units. (2) Commercial space consistent with the needs of a year-round recreation resort, including but not limited to, retail sales, offices, restaurants and lounges/taverns, and indoor recreation. (3) Outdoor recreation improvements, including but not limited to, tennis cowts, ice skating facilities and alenas, swimming pools, golf comse improvements, and ski lift tenninals. (4) Resort services necessary to support Arrowhead at Vail, including but not limited to, convention space, meeting rooms, service, receiving and storage space, and recreation and administration. (5) Parking lots and structured parking, below and above grade, with or without fees. (6) Outdoor recreation activities, including but not limited to, hiking, picnicking, jogging, bicycling, ski touring, skiing, and equestrian activities. (7) Automobile service stations with or without repair facilities. (8) Day care center. (9) Commmrity building. (10) Fire station. (11) Warehouse or storage accessmy to a pennitted use. B. Density. (1) Units: 595 writs to be a mixture of writ types consisting of lodge/studio, multiple-family, and single-family. ARROWHEAD AT VAIL 18 11107/06 3:27 PM AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (2) Commercial/retail/restaurnntloffice space warehouse: maximwn of 64,120 GCF A (3) Commercial space in lodges: maximwn of 25,000 S.L GCFA (4) Golt7athletic club: Maximwn of 40,000 S.L, not including restamant, which is included in the 132,000 S.L of GCFA shown above. C. Parking (I) Multiple family writs: 1.5 spaces/unit (2) Employee housing writs: .6 spaceslperson design of occupancy. (3) Lodgelaccommodation units: 1.0 spacesIroom. (4) Retail commercial: I spacel300 s.! (5) Restaurants: 1 spacel4 seats lDltil 400 units exist at Arrowhead; thereafter, 1 spacc/20 seats. (6) LolDlges: 1 spaceI8 seats mtil 400 writs exist; thereafter, 1 spacel20 seats. (7) Office: one spacel400 S.L (8) Services, maintenance and recreation: requirements are flexible; service areas to be shown on Development Area Plans. (9) Ski facilities: to be. determined by formula illustrated in Appendix A (10) Golf club: 20 spaces to be identified for swmner use from the designated ski area parking. D. Maximum Building Height Forty-five foot maximum except in Height Exception Review Areas, where greater h. will be permitted subject to review at the time of the Development Area Plan review. Height Exception Review requests will be evaluated using the architectural requirements contained in the Design Guidelines and shall follow the review piocedure for the Development Area Plans. E. Additional Review of Develovrnent Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat( s) for all or part of the Development Area, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the scbedule imposed upon applications, as described in Section IV.2 of these regulations, and shall be to ensure consistency with the ARROWHEAD A T VAll.. 11/07/06 3:27 PM 19 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN intent and proVlSlODS of the approved Arrowhead at Vail Preliminary Plan. and the PUD Guide. 2. Development Area AI. A Uses. (1) Multiple two- and single-family residential units. (2) Indoor recreation building and outdoor improvements. (3) Accessoty structures. (4) Outdoor recreation improvements including but not limitcxl to tennis courts, ice skating facilities and arenas. swimming pools, and golf course improvements. (5) Outdoor recreation activiti~ except equestrian use. (6) Parlcing lots and structured parldng, below and above grOlmd, with or without fees. (7) Pwnp or well houses or other utility related structures. B. Density. (1) Units: Maximmn of 50 units. C. Minimmn Residence Size Reauirements. The minimmn building size of residence shaIl exceed 1,600 s.t: residential floor area. D. Building Covenuze Ratio and Impervious Area Ratio. The building coverage ratio shaIl not exceed a maximum of 45 percent, or a total of 55 percent coverage by impervious materials. E. Parking. (I) Multiple family units: 1.5 spaces/unit (2) Two- and singie-family units: off-street vehicle parlcing shall be provided based upon the current Eagle Comrty parlcing standards at time of issuance of the building permit (3) Employee housing units: .6 spaces/person of design occupancy. (4) Indoor recreation building(s) and accessory building(s): no requirement ARROWHEAD A T VAIL 20 11/07/06 3:27 PM AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN F. Maximum Buildin2 Height Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Requirements. For Eagle County review, 20 feet from edge of Sawatch Drive road right-of-way and as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific proVISIons. 3. Development Area A2. . A Uses. (1) Multiple two- and singlo- family residential writs. (2) Indoor recreation building and outdoor improvements. (3) Accessoty structlU'es. (4) Outdoor recreation improvements including but not limited to tennis cowts, ice skating facilities and arenas, swimming pools, and golf comse improvements. (5) Outdoor recreation activities, except equestrian use. (6) Parking lots and structmed parking, below and above ground, with or without fees. (7) Pwnp or well houses or other utility related structures. B. Density. (1) Units: Maximum of 94 units. C. Minimwn Residence Size Requirements. The minimmn building size of residence shall exceed 1,600 s.f. residential floor area. D. Buildin~ Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximwn'of 45 percent, or a total of 55 percent coverage by impervious materials. E. Parking. (I) Multiple family uni1s: 1.5 spaceslunit (2) Two- and single-family units: off-street vehicle parking shall be provided based upon the CWTent Eagle County parlcing standards at time of issuance of the building permit ARROWHEAD AT VAlL 21 11/07/06 3:27 PM AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (3) Employee housing units: .6 spaceslperson of design occupancy. , (4) Indoor recreation building(s) and accessory building(s): no requirement F. Maximum Buildins Height Thirty feet for Eagle Cowrty review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Reauirements. For Eagle County review, 20 feet from edge of Arrowhead Drive road, right-of-way and as sufficient to accommodate utilities, existing easements," drainage, access. fire code regulations and flood plain of liv!, streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 4. Development Area B. A Uses. (1) Multiplo-, two- and singll>-family residential units. (2) Indoor recreation and outdoor recreation improvements. (3) Connnunity building. (4) Day care center. (5) Accessory structures. (6) Outdoor recreation activities, except equestrian use. B. Density. (1) Maximum of94 units. C. Building Coverage Ratio and hnoervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 50 percent Coverage by impervious materials. D. Parking. (1) Multipll>-family units and community building: off-street parking shall be provided based upon the CWTent Eagle County parking standards at time of issuance of the building permit (2) Indoor recreation and accessoty building(s): no requirement ARROWHEAD AT VAIL 22 11/07/06 3:27 PM AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN E. Maximwn Buildin2 Height. Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimwn Buildin~ Setback. For Eagle County review, 20 feet from edge of Sawatch Drive road right-of-way and sufficient to accommodate utilities. existing easements. drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 5. Devel~ Area C. ... A. !Jg (1) Two- and single-family residential units. (2) Indoor recreation building and outdoor improvements. (3) AccessoIy structures. (4) Outdoor recreation activities, except equestrian use. B. Density. (1) Units: Maximum of 40 units, no more than two units per lot C. Minimwn Residence Size Reqpirements. The minimwn building size of residence shall exceed 2,500 s.f. No lot shall have more than two dwelling units constructed upon it, and where two units are constructed, they shall be attached D. Buildino Covera2e Ratio and Impervious Area Ratio. ' The building coverage ratio shall not exceed a maximwn of 25 percent, or a total of 45 percent coverage by impervious materials. E. Parking. (1) Two- and single-family units: off-street vehicle parking shall be provided based upon the cmrent Eagle County parking standards at time of issuance of the building permit (2) Indoor recreation building(s) and accessory building(s): no requirement ARROWHEAD AT VAIL 23 11/07/06 3:27 PM AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN F. Maximum Buildin~ Height 11rirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback Requirements. There are no minimum setbacks for Eagle Cowrty review, except as sufficient to accommodate utilities, existing easements, drainage, access. fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. 6. Development Area D. A. Uses. (1) Single-family and duplex residential units. (2) Office space: intended to serve the internal needs of the Arrowhead PUD. (3) Warehouse or storage buildings for use by Arrowhead owners and tenants only. (4) Garden supply and plant materials storage and handling. (5) Automotive and vehicular repair and ~e. .. (6) Motor freight depot and storage for uSe by Arrowhead only. (7) Contractor's yard for use by Arrowhead at Vail and Arrowhead builders and developers during the period of construction within Arrowhead. (8) Commmrity building. (9) Fire station. (10) Underground petroleum storage. (11) Utility company building storage and water treatment (12) Parlcing lots. (13) Equestrian facility including stable, corrals, and other (14) AccessOJY buildings. ARROWHEAD AT VAIL 24 11/07/06 3:27 PM AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN B. Special Uses. (1) Heliport. C. Density. Non-residential buildings not to exceed 40,000 sq.ft. gross. Units: Maximwn of 6 units. D. Build.in2 Cov~e Ratio and ~ous Area Ratio. The building coverage ratio shall not exceed a maximmn of 50 percent, or a total of 80 pereent coverage by impervious materials. E. Parking. Based upon the County parking standards at time of issuance of the building permit F. Maximwn Building Height Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Minimum Buildin~ Setback. Residential: For Eagle County review, 20 feet from Sawatch Drive road right-of-way, 30 feet from th~ designated resa:ve strips along U.S. Highway 6, as shown on the final plat, and sufficient to accommodate utilities. existing easements. ch'ainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply - consult Design Guidelines for specific provisions. Uses other than residential: For Eagle County review, 50 feet from the edge of Sawatch Drive road right-of-way, 30 feet from the designated resa:ve Strips along U.S. Highway 6, as shown on the final plat, and sufficient to accommodate utilities. existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provision may apply - consult Design Guidelines for specific provisions. 7. DeveloDllleot Area E. A Uses. (1) Single- and two-family dwelling units. (2) Indoor recreation building. (3) Accessmy structures. (4) Outdoor recreation activities, except equestrian use. ARROWHEAD A T VAIL 25 11/07/06 3:27 PM AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN B. Density. Units: maximmn of 44 tmits; no more than two units per lot C. Parking. (1) Single- and two-family dwelling units: off-street vehicle parlcing shall be provided based upon the current Eagle COWlty parking standards. (2) Accessory and indoor recreation building(s): no parking requirement D. Minimmn Residence Size Reauirements. The minimwn building size of residences shall exceed 2,500 sq.ft. No lot shall have more than two dwelling units constmcted upon it, and where two units are constructed, they shall be attached. E. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximmn of 30 percent, or a total of 50 percent coverage by impervious materials. F. Maximmn Buildin2 Height Thirty feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. G. Setback ReqJrirements. There are no minimum setbacks for Eagle COWlty review, except as sufficient to accommodate utilities, existing easements, drainage. access, fire code regulations and flood ' plain of live streams. More restrictive provisions may apply _ consult Design Guidelines for specific provisions. 8. Development Area F. , A Uses. r, (1) Multiple-, two- and single-family residential writs. (2) Indoor recreation building and outdoor recreation improvements. (3) Accessory structures. (4) Outdoor recreation activities, except equestrian use. (5) Pwnp or we~ houses, or other utility-related structures. NffiOwmMDATV~ 26 11/07/06 3:27 PM AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN B. Density. Units: maximmn of 14 tw<r and single-family units on 7 lots in Filing # 17, and 78 multiple units, tw<r or single-family. C. Buildin2 Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 35 percent, or a total of 60 percent coverage by impervious materials. D. Parking. (I) Multiple-family, tw<r and single-family housing: off-street vehicle parking shall be provided based upon the current Eagle County parking standards at time of issuance of the building permit (2) Indoor reaeation building: no requirement E. Maximum Buildinf Hei~t Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum BuiJdlnf Setback. For Eagle County review, 50 feet along U.S. Highway 6 road right-of-way. Twenty feet along McCoy Creek Drive, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictive provisions may apply _ consult Design Guidelines for specific provisions. G. Additional Review of DevelotJlllent Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminmy Plan for Arrowhead at Vail, the Eagle CoWlty Plamring Commission and COWlty Commissioners must approve development area plans. This review shaIl be processed according to the schedule imposed by Section !V.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminmy Plan, and the PUD Guide. [remainder of this page intentionaIly left blank] ARROWHEAD A T VAIL 11107/06 3:27 PM 27 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 9. Development Area G. A Uses - Sub Area 1. (Sub Area 1 is defined as the area within Development Area G. east of McCoy Creek. See PUD Guide Map for an illustration.) (1) Multiple-. two- and single-family residential writs. (2) Indoor recreation building and outdoor recreation improvements. (3) Common lmmdry facilities. (4) Commwrity building. (5) AccessoJy structures. (6) Outdoor recreation activities. except equestrian use. (7) Pump or well houses. or other utility-re1ated structures. B. Uses - Sub Area 2. (Sub Area 2 is defined as the area within Development Area G, west of McCoy Creek. See PUD Guide Map for an illustration.) (1) Outdoor recreation activities, except equestrian use. (2) Pump or well houses, or other utility-related structures. (3) Indoor recreation uses provided such uses are permitted through the Special Use review process. (4) All permanent structures in Sub Area 2 shall be permitted through the Special Use Review process. c. Density. Units: maximmn of 84 multiple-family, two-family or single-family units. D. Building Cover32e Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximmn of 30 percent. or a total of 60 percent coverage by impervious materials. E. Parking. Employee housing units: 1.2 spaces per bedroo~ ' Parking for all other writs provided based upon the cwrent Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. F. Maximmn BuildinR Height Thirty-five feet for Eagle Cowrty review. More restrictive provisions apply - consult Design Guidelines for specific provisions. ARROWHEAD A T VAIL 11/07/06 3:27 PM 28 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN G. Minimwn Buildin~ Setback.. For Eagle County review, 50 feet from U.S. Highway 6 road right-of-way and sufficient to accommodate utilities, existing easements. drainage, access. fire code regulations and flood plain of live streams. More restrictions may apply - consult Design Guidelines for specific provisions. H. Buildin~ Envelopes. Within Development Area G, no building covernge shall occur in Sub Area 2, unless approved through the Special Use Review process. I. Additional Review of DevelQpllleDt Reqpests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat(s) for all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent with the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminmy Plan, and the PUD Guide. 10. Develqpment Area H. A Uses. (1) Multiple-, two- and single-family residential units. (2) Indoor recreation building and/or spa (3) Outdoor recreation improvements, including but not limited to, tennis courts, swimming pools and golf comse. (4) Community building. (5) Outdoor recreation activities, except equestrian use. B. Density. Maximwn of 117 units. ' C. Building Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 50 percent coverage by impervious materials. Parkinr Off-street vehicle parking sball be provided based upon the current Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. D. ARROWHEAD AT VAIL 11/07/06 3:27 PM 29 AMENDED A1"JD REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN E. Maximwn Builmn~ Height Thirty-five feet maximwn for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. To permit the accurate measurement of height on Preliminary Plan lots I, 2, 3,4,5,6, 7, 8, the final plat for these lots shall show a measmement of average grade across each building site. F. Minimwn Buildin~ Setback. For Eagle County review, 20 feet from the edge of Arrowhead Drive road right-of-way, and sufficient to accommodate utili1ies, existing easements, drainage, access, fire code regulations and flood plain of live streams. More restrictions may apply - consult Design Guidelines for specific provisions. G. Special DevelQPlIlel1t Requirement for Lots Above Elevation 7.360. All lots in Development Area H above Elevation 7,360 shall be required to meet the following special requirements: (1) Lighting: No exterior light whose direct source is visible from a neighboring property or which produces excessive glare to pedestrian or vehicular traffic shall be installed Indirect sources and horizontal cut-off fixtures are reconnnended to reduce glare and provide general ambient light Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Committee. Final approval of the proposed ilhnninmion plan will be required by the Design Review Committee. Fixture colors, heights and placement shall be addressed in the illumination plan. No uplights shall be permitted in this area. No lighting of trees, residential unit facades, other site amenities, or landscape features, shall be permitted unless in strict compliance with the requirements of the Arrowhead at Vail Design Guidelines that apply with Development Area H. (2) Building Materials: No reflective materials shall be used on any building in this area and mirror glass shall be prolnbited In general, natural or earthtones shall be the dominant exterior wall color for all units. A range of pennitted colors for units shall be provided through the Design Guidelines deVeloped specifically for Development Area H. ARRO~ATVAa 30 11/07/06 3:27 PM AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (3) Roof Materials: Roofmaterials for any building constrocted in Development Area H shall be carefully chosen to reduce off-site visibility. Any shake shingle roof shall be required to be stained immediately upon application to reduce visibility and glare. (4) Xe:riscape Landscaping: All lots above elevation 7,360 shall be required to use xe:riscape landscaping principles. The guidelines for this landscaping shall be addressed in the Design Guidelines for Development Area H. H. Additional Review and Subdivision Ptattin~ Prior to the issuance of any building permits in Development Area H a final plat approval must be granted. Provided however, Development Area H may be subdivided through multiple plats filed in phases that do not necessarily include the entire Development Area H at one time. If in the opinion of the Planning Commission, a proposed subdivision plat is inconsistent with the approved Preliminaty Plan for Arrowhead at Vail, the Eagle County Planning Commission and County Commissioners must fonnally approve development area plan changes prior to subdivision plat approval. This review shall be processed according to the schedule imposed by Section IV.2 of this Guide and shall be to ensure consistency with dIe intent and provisions of the approved Arrowhead at Vail Preliminmy Plan, and the PUD Guide. 11. Develooment Area 1. A Uses. (l) Single- and two-family residential units. (2) Outdoor recreation improvements, including but not limited to, swimming pools. Tennis courts are prohibited in this development area. ' B. Density. (1) Maximum of 36 dwelling units, no more than two dwelling units per lot C. Building Coverasze Ratio and Jmvervious Area Ratio. The building coverage ratio shall not exceed a maximum of 30 percent, or a total of 45 percent coverage by impervious materials. ARROWHEAD A T VAIL 11/07/06 3:27 PM 31 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN D. Parking Off-street vehicle parking shall be provided based upon the cmrent Eagle County parking standards at time of issuance of the building permit by Eagle County, Colorado. E. Maximum Buildin~ Height Thirty-five feet for Eagle County review. More restrictive provisions apply - consult Design Guidelines for specific provisions. F. Minimum Buildin2 Setback. For Eagle County review, 25 feet from the edge of Arrowhead Drive road right-of-way, and sufficient to acconnnodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Front and rear setbacks vary by lot. More restrictive provisions may apply _ consult Design Guidelines for Specific provisions. 12. Devel~t Area 1. A Uses. (1) Outdoor recreation improvements. (2) Outdoor recreation activities, except equestrian use. B. Soecial Uses. (1) Parlcing lot C. No residential units are permitted in Development Area J. D. Additional Review of Development Requests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat( s) Jor all or part of the Development Area that are, in the opinion of the Planning Commission, inconsistent With the approved Preliminary Plan for Arrowhead at Vail, the Eagle County Planning Commission and COWlty Commissioners must approve development area plans. This review shall be processed. according to the schedule imposed by Section N.2 of this Guide and shaII be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminary Plan, and the PUD Guide. 13. DevelOl>Illent Area K A Uses. ARROWHEAD AT VAIL 11107/06 3:27 PM 32 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (1) Winte1- and swmner recreation, including golf: ski touring. and bike and pedestrian trails. Equestrian use is prohibited (2) Accessory structures related to golf or ski development, including but not limited to, golf shehers, on-<:omse maintenanc;e structures. tr.m~i!t~on lines. etc. (3) Well or pmnp house or other utility-related structure. (4) Outdoor recreation improvements. B. Parking. See Development Area A for parlcing requirements for the Golf Club. 14. DeveI()pIllent Area L. A Uses. (1) Wmter and smnmer recreation, including skiing, ski towing, hiking and equestrian activities. (2) Accessory structures related to the permitted activities, including shelters and maintenance buildings. B. MaximlDll Buil~ Coverage and Nmnber of Builcim~~. MaximlDll building coverage not to exceed 1,000 s.f. per building, with a maximum of six buildings in the Development Area. 15. Development Area M A. Uses. (1) Wmter and swnmer recreation, including skiing, ski touring, equestrian activities, tennis, swimming, bike paths and outdoor entertainment (2) Accessory structures relate to skiing, recreation; equestrian activities including, but not limited to, mountain or other restaurants, patrol facilities, skilsiwwmaking, mamtenance facilities, lifts, tennis courts, swimming pool( s), and a touring center to be located generally in accordance with PUD General Development Plan. B. Density. Restaurants, touring facility and other buildings: no size limitation, provided the Eagle County Planning Department approves location of all strnctures. C. MaximlDll Building Coverage. No limitation. ARROWHEAD A T VAIL 11/07/06 3:27 PM 33 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN D. Parkin, No requirements; provided, however, that the parking requirements for the ski area shall be as described in Development Area A and in PUD Appendix A E. Additional Review of Develoument Reauests. Prior to the issuance of a building permit in this area, or the approval of the Final Plat( s) for all or part of the Development AmI, the Eagle Cowrty Planning Commission and County Commissioners must approve development area plans. This review shall be processed according to the scbedule as described in section IV.2 of this Guide and shall be to ensure consistency with the intent and provisions of the approved Arrowhead at Vail Preliminmy Plan, and the PUD Guide. 16. Development Area N. A Uses. (1) Bike or pedestrian trails. (2) Outdoor recreation improvements that do not affect flood water flows. (3) Bridges. (4) Equestrian use is prohibited. B. Parlcinr Same as Development Area A C. Special Treatment Requirements. In the upper level above the open space retail commercial, lodge/studio units and accessory structmes related to the lodge are permitted to cross over Development Area N at a height sufficient to pass estimated lOO-year flood flows, and in an easement to be dedicated at the time of Final Plat Review. Footings constructed under but not on top of Development Area A, and improvements related to bike or pedestrian trails or outdoor recreation shall be the only construction permitted in Development Area N. At the time of building permit applications for buildings on lots that extend into or across Development Area N, landscaping plans for the, area of'McCoy Creek: that falls, within the lot proposed for development shall be provided. Said plans shall be reviewed by the County Planning Department, and if found to be satisfactoly, shall be approved. In the event they are not considered satisfactOl)', they shall be returned to the applicant for appropriate modifications. ARROWHEAD A T VAlL 11/07/06 3:27 PM 34 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 17. Development Area 0 (Amended as Per Resolution 93-53, File No. PO- 139-92-A2) A ~ (1) Single-family and duplex residential units. (2) Outdoor recreation activities, except equestrian use. B. Density. (1) Maximum of2 lotsl4 units. C. Buildins Coverage Ratio and Impervious Area Ratio. The ratio of building coverage to lot area shall not exceed a maximum of 20 percent. or a total of 35 percent coverage by impervious materials (paving, etc.). D. Parking. Off-street vehicle parlcing shall be provided based upon the current Eagle County parking standards at time of issuance of the building pemrit by Eagle County, Colorado. E. Maximmn Buildine Height Thirty-five feet maximum Eagle County review. More restrictive provisions apply; consult Design Guidelines for specific requirements. F. Minimmn Building Setback For Eagle County review, 25 feet from the edge of Arrowhead Drive road right-of-way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Building and parking setbacks within Lots 1-4, Filing 21, shall reflect those setbacks illustrated in the PUD and Sketch Plan dated 18 March 1993 and approved by the Eagle County Board of County Commissioners on 13 April 1993. More restrictions may apply; consult Design Guidelines for specific provisions. 18. DevelOl'Jllent AreaP (Amended as per Resolution #93-55, File No. PO-139-92-A1 and Resolution #2001-083, File No. PDA-OO(33) A Uses. (1) Single- family and cluster homes residential dwelling units. (2) Accessory structures. ARROWHEAD AT VAlL 35 11/07/06 3:27 PM AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (3) 0utd0<I recreation activities. (4) Ski lift and trail improvements. (5) Model units. B. Density. (1) Maximwn of35 units. 15 single-family 20 cluster homes C. ParJdn~ (1) Parking for all units provided, based upon the cwreot Eagle County parking standards at time of issuance of building permit D. Minimwn Residence Size Requirements. The minimum floor area of any single-family living unit shall be 2,400 SF. The minimwn floor area of any cluster home unit shall be 1,800 SF. E. Maximwn Residence Size Reauirements. (1) Single-family lots: The maximwn building size for any single-family home sball be 8,500 SF of Residential Floor Area. (2) Cluster Homes: The maximwn building size for any cluster home wtit shall be 5,000 SF of Residential Floor Area. F. Site Coverage Ratio. (1) Single-Family Lots: The building coverage ratio for single- family lots shall not exceed a maximum of 200,4 or a total of 40% coverage by impervious materials. (2) Qust<< Homes: The building coverage ratio for cluster homes shall not exceed a maximum of 25% or a total of 45% coverage of the entire site by impervious materials. G. Maximwn BuiJ<fin8: Height. Thirty-five feet for Eagle Comrty review. More restrictive provisions apply, based on the topographic slope of the site; consult Design Guidelines for specific provisions. ARROWHEAD A T VAIL 11/07106 3:27 PM 36 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN H. Minimwn Building Setback. For Eagle County review, 20 feet from the edge of Arrowhead Mountain Road right-of-way, and sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Additional restrictions may apply; consult Design Guidelines for specific proVlSlons. 1 Wildfire Protection. New roadways will provide excellent opportunities to create "fuel breaks" within the development zones in Area P. Additionally, after careful evaluation, fuel breaks may be aeated elsewhere as requirec,i. Disturbed slopes shall be revegetated with plant materials possessing low wildfire hazard ratings. Wtldfire Protection: Within each lot maintain a "defeDS1ble space" 30 feet from all sides of each structure through fuel modification techniques that remove flammable materials next to the structure. Refer to the Area P Design Guidelines for additional more specific wildfire protection requirements. J. Soecial DevelODDlent Requirement for All Lots. All lots in Development Area P shall be required to meet the following special requirements: (1) Exterior Lighting: No exterior light whose direct source is visIble from a neighboring property or which produces excessive glare to pedestrian or vehicular traffic shall be installed. Indirect sources and horizontal cut-off fixtures are recommended to reduce glare and provide general ambient light Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Conunittee. Final approval of the proposed illwnination plan addressing fixture colors, heights and placement will be required by the Design Review Committee. . , (2) Uplights shall not be permitted in this area. Lighting of trees, residential unit facades, other site amenities, or landscape features shall not be pennitted unless in strict compliance with the requirements of the Arrowhead at Vail Development Area P Design Guidelines. Building Materials: Exterior building materials shall be fire retardant No reflective materials shall be used on any building in this area and mirror glass shall be prolubited. In ARROWHEAD AT VAIL 11107/06 3:27 PM 37 AMENDED AND REST A TED GUIDE . PLANNED UNIT DEVELOPMENT PLAN general, natmal or earthtones shall be the dominant exterior wall color for all units. A range of permitted colors for writs shall be provided through the Design Guidelines developed specifically for Development Area P. (3) Roof Materials: Roof materials for any building constructed in Development Area P shall be carefully chosen to reduce off-site visibility and to inhtbit the spread of wildfire. All wood roof coverings shall be a minimum of Class "C" rated fire retardant, pressme impregnated treated. Any shake shingle or split shingle roof shall be required to be stained immediately upon application to reduce visibility and glare. More specific requirements are contained in the Design Guidelines for Area P. (4) Xerlscape Landscaping: All residential lots shall be required to incorporate xeriscape landscaping principles. The guidelines for this landscaping shall be addressed in the Design Guidelines for Development Area P. (5) Garages: For all singl~family lots, covered parking (garages) for at least two automobiles per dwelling writ will be required. There shall be a maximmn of three garage parking spaces plus storage in this development area. The guidelines for garage design shall be addressed in the Design Guidelines for Development Area P. (6) Driveways: The length of driveways shall be minimized due to topographic conditions. Common driveways are encouraged. K Additional Review and Subdivision Platting. Prior to the issuance of any building permits in Development Area P, a final plat approval must be granted, provided, however, that Development Area P may be subdivided through multiple plats filed in phases that do- not necessarily include the entire Development Area P at one time. If: in the opinion of the Planning Commission, a proposed subdivision plat is inconsistent with the approved Preliminmy Plan for Arrowhead at Vail, the Eagle County Planning Commission and COWlty Commissioners must fonnally approve development area plan changes prior to subdivision plat approval. This review sball he processed according to the schedule imposed by Section N.2 of this Guide and shall he to ensure consistency with the intent and ARROWHEAD AT VAIL 11107/06 3:27PM 38 AMENDED AND RESTATED GUIDE + PLANNED UNIT DEVELOPMENT PLAN provisions of the approved Arrowhead at Vail Preliminary Plan and the PUD Guide. 19. Special Reauirements For Development within Bachelor Gulch: The Design Guidelines that will apply to the Bachelor Gulch area will contain the following provisions: A Ligbtin9" No exterior light whose direct somce is visible from a neighboring property or which produces excessive glare to pedestrian or vehicular traffic shall be installed. Indirect sources and horizonal cut-off fixtures are recommended to reduce glare and provide gcncnl mnbient light Use of other than white or pale yellow exterior lights will require specific approval of the Design Review Committee. Final approval of the proposed illmnination pIan will be required by the Design Review Committee. Fixture colors. heights and placement shall be addressed in the plan. No uplights shall be permitted in Bachelor Gulch. No lighting of trees, residential unit facades, other site amenities. or landscape features shall be pemritted unless in strict compliance with the requirements of the Arrowhead at Vail Design Guidelines that appl)r within the Bachelor Gulch area. ' B. Buildin~ Materials. No reflective materials shall be used on any building in Bachelor Gulch. In general. stone, wood or log siding shall be required as the dominant exterior wall material for all units. A range of permitted colors fot lUlits shall be provided through the Design Guidelines developed specifically for Bachelor Gulch. C. Roof Materials. Roof materials for any building constructed in Tract Y shall be carefully chosen to reduce off-site visibility. Any shake shingle roof shall be required to be treated immediately upon iJpplication to reduce visIbility and glare. 20. Lower Bachelor Gulch Villa2e - Tracts A B. C. X XX Z. CC. and DO _ "OPEN SPACE RECREATION" A Uses by Right. (1) Open space, all recreational actlVItles and facilities compatIble with the valley's environment and consistent with the needs of a year-round moWltain resort, including ARROWHEAD A T VAIL 11107106 3:27 PM 39 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN but not limited to, activities and facilities associated with alpine and nordic recreaional and competitive skiing, equestrian operations, sports cowts, swimming. ice skating, bicycling, fishing. bob sledding, snow shoeing. children's playgrOlmds, hiking, special events, outdoor entertainment, utility installations and lines; roadways and bridges; mobile food service; picnic decks and observation decks; and private club/facilities as shown in an approved P.U.D. plan. (2) Resort operations space and facilities necessmy for the support and operntion of a year-round resort including, but not limited to, information centers, ski school, ski patrol, ski lockecs and storage, lift operations and maintenance,'lift and gondola towers, gondola stations and 'lift tenninals and related facilities, ticket operations, snowmaking facilities, and entrance gates and security operations. B. Parking. Parlcing will be provided that is sufficient to meet the needs of uses provided and will be in accordance with the then current Eagle Comrty parking standards. c. Set Back: No minimwn except that it must be sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Set back applies to building structures only. D. Height: 35' Maximum 21. Lower Bachelor Gulch Vi1l32~ Tracts EE.FF _ "OPEN SPACE WILDLIFE" ' A Uses by Right. (1) Open Space Wildlife (OSW) is intended to preserve areas as wildlife habitat, movement corridors, and winter range. The OSW area is intended therefore to be preserved in its natural state to the maximwn extent practical. Therefore, uses permitted in the OSW area sball be limited to: (a) The existing roadway (Bachelor Gulch Trail), the ski-way (including soow-making), and bikeway ARROWHEAD A TV AIL 11/07/06 3:27 PM 40 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN from the Tames (Tract B of Beaver Creek PUD) to the Bachelor Gulch Village Core. (b) Improvements associated wi1h the gondolallift corridor from the Tames to the Bachelor Gulch Village Core. ( c) Existing pedestrian. equestrian. and bike trails within the designated area. (d) UndeJ'ground utility installations, storage tanks. and lines. (e) An access driveway for lot 68. All use of existing trails shall be subject to seasonal closures, if any, as determined within the Wildlife Management Plan. No new trails shall be constructed without authorization of the Colorado Division of Wildlife. ARROWHEAD AT VAIL 11107/06 3:27 PM 41 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 22. Lower Bachelor Gulch Villago- Tracts D.E-F.G - "VILLAGE CORE" A Uses bv Right (I) Hotel and lodge rooms. (2) Apartment accommodations; oondominilUl1S; and singlo- family primary/secondmy, duplex and townhouse structures, including interval ownership. (3) Commercial space. (4) Recreational amenities and facilities consistent with the needs of a year-round resort including, but not limited to, alpine and Nordic skiing. tennis, swimming pools, sports comts, picnic decks and ice skating. (5) Resort operations space and facilities necessary for the support of the resort fimction including. but not limited to, convention space, meeting rooms, cu1tmal facilities., receiving and delivexy space, fire station, recreation administration, ski lifts, including gondola stations or towers. B. Set Back. Nominimum except must be sufficient to accommodate utilities., existing easements, drainage, access, fire code regulations, and flood plain of live streams. C. Maximum Buildin~ Height For the areas within'Tract D depicted on Appendix F: 75 feet, except for chimneys. All other areas within the Village Core: 45 feet, except for architectural features such as chimneys. towers and steeples. D. ParkiIuz Requirement Hotel, Lodges and Lock-offs 0.5 (112) space per hotel or lodge room and Iock-off 1.0 space per writ 1.0 space per 1,000 sq. ft 1.0 space per 10 seats Condominiums Connnercial Space Restaurants ARROWHEAD A T VAIL 11/07/06 3:27 PM 42 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN Each specific parking requirement set forth above for any given project will callY any fractional value to the computation of the total parking requirement Any fractional value in the total parlcing requirement for any given project will be rounded to the next highest integer. Parking will be provided on-site or on another site if approved by 1he OWDt'l' of the other' site. E. Density. (1) Dwelling Units: Maximwn of260 dwelling units on Tracts C, D, E, F, and G combined. ' (2) Commercial Space: 56,000 GCFA total with the provision that. until a lift or gondola connection from. the Village Core area to a destination located to the north of the Village Core commences construction, only 34,000 sq.ft. of the allowable connnercial space may be built Upon commencement of construction of a lift or gondola COIUlection the remaining allowable space may be built Notwithstanding anything to the contnuy contained herein, the total GCF A in all of Lower Bachelor Gulch Village shall not exceed 67,880 sq. ft. in the aggregate. 23. Lower Bachelor Gulch Village - Tracts Ii 1. J. K. L M N. O. O. R. S. T. V. - "MULTIPLE FAMILY/CLUSTER HOMES" A. Uses by Right (1) Multiple-family, two-family, single-family and single family primary/secondary residential dwelling units. (2) Accessory structures. (3) Indoor and outdoor recreation activities, except equestrian use. (4) Interval ownership. [remaindez of this page intentionally left blank] ARROWHEAD AT VAIL 11107/06 3:27 PM 43 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN B. DensiW. Tract H: Maximmn of 0 units Tract I: Maximum of 14 units Tract J: Maximum of23 units Tract K: Maximum of 5 units Tract L: Maximum of23 units Tract M: Maximum 00 units Tract N: Maximum of8 units Tract 0 : Maximum of7 units Tract Q:Maximum of 46 units Tract R: Maximum of 5 units Tract S: Maximum of 6 units Tract T: Maximum of9 units Tract V: Maximum of 0 units C. Parking. (1) Studio unit or one bedroom condominium: 1 space/unit (2) Multiple family unit of two or more bedrooms, up to 3,000 square feet in size: 1 1/2 spaceslunit (3) Multiple family unit of two or more bedrooms more than 3,000 square feet in size, and single family and duplex units: 2 spaces/unit (4) Lock-off: 0.5 (112) space/1ock-off D. Building Covenute Ratio. 'The building coverage ratio shall not exceed a maximum of 45 percent, or a total of 65 percent coverage by impetvious materials. ' E. Maximum BuiJdin2 Height Thirty-five feet for Eagle COWlty review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback Requirements. Ten feet from main road right-of-way with respect to Tracts 1., 1. Q R, SandT, and twenty feet from main road right-of way with respect to all other tracts designated "Multiple Fami1y/Cluster Home", and sufficient to accommodate utilities, drainage, access. and fire code regulations, provided, however that ARROWHEAD A T VAll. 11/07/06 3:27 PM 44 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN non-habitable space. including but not limited to poftc>.cocheres, roof overhangs, above-grade balconies and retaining walls, may encroach into such setbacks.. 24. Lower Bachelor Gulch Village - Tract P - "COMMUNITY FACILITIES" A Uses ~ Right (1) Community buildings including without limitation a church, chapel, community park, and open space. (2) Parking. B. Building Coverage Ratio. The building coverage ratio shall not exceed a maximwn of 45 percent, or a total of 65 percent coverage ~ impervious materials. C. Maximwn Building Height Forty-five feet for Eagle County revtew. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Setback ReqJrirements. Twenty feet from main road right-of-way and sufficient to accommodate utilities, <h-ainage, access, and fire code regulations. E. Parking. One space per 1,000 square feet of floor area used for seating or assembly, plus two spaces for caretaker's residence if constructed. F. Density. One dwelling unit as caretaker facility. 25. Lower Bachelor Gulch Village Tracts W and U-"MOUNTAIN LODGES" A. Uses bv Right (I) Multiple-family, two-family, single-family, and single- family primaay/secondary, including intelval ownership. (2) (3) (4) Bed and breakfast. Lodges and hotel rooms. Accessory structures.. ARROWHEAD A T VAIL 11/07/06 3:27 PM 45 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (5) Indoor and outdoor recreation activities, except equestrian use. (6) Community buildings (7) Commercial uses. (8) NurseJy and child care. B. Density. (1) Dwel1inf Units: Tract W: Maximmn of 40 dwelling units Tract U:Maximmn of 53 dwelling units (2) Commercial Space: Tract W: 5,500 sq. ft. GCF A, and Tract V: 5,500 sq. ft. GCF A. Notwithstanding anything to the contrary contained herein, the total GCF A in all of Lower Bachelor Gulch Village shall not exceed 67,880 sq. ft in the aggregate. C. Parking. (1) Studio unit or one bedroom condominimn: 1 spacelunit (2) Multiple family unit of two or more bedrooms, up to 3,000 square feet in size: 1 1/2 spaceslunit (3) Multiple family writ of two or more bedrooms more than 3,000 square feet in size, and single family and duplex units: 2 spaceslunit (4) Hotel, lodge and lock-ofI: 0.5 (1/2) space per hotel Or lodge room. and lock-off (5) Restaurant 1 spacell0 seats. (6) Retail: 1 spacell,OOO sq. ft. ARROWHEAD A T VAlL 11/07/06 3:27 PM 46 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN D. Buildiml Coverage Ratio. The building coverage ratio sball not exceed a maximwn of 45 percent, or a total of 65 percent coverage by impervious materials. E. Maximmn Builclin" Heitdtt. Forty-five feet for Eagle Cowrty review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. F. Setback requirements. There are no minimwn setbacks for Eagle Cowrty review, except as sufficient to accommodate utilities, existing easements, drainage. access, fire code regulations, and flood plain oftive streams. More restrictive provisions may apply; consult Design Guidelines for specific provisions. 26. Lower Bachelor Gulch Villa2e - Tract Y - "MOUNTAIN LODGES" A. Uses bv Right (1) Lodge units and multiple family. (2) Parking lots and parking structures, below and above grade, with or without fees. (3) Commercial space consistent with the needs of a year-round recreation resort; including, but not limited to, retail, restaurants and lounges/tavems, indoor recreation, and sales offices. (4) Interval ownership. B. Density. (1) (2) 78 mrits. Maximwn commercial space in lodge: 6,600 sq. ft. GCF A Notwitbstanding anything to the contrary contained herein, the total GCF A in all of Lower Bachelor Village shal1 not exceed 67,880 in the aggregate. ARROWHEAD AT VAIL 11/07/06 3:27 PM 47 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN C. Parking. (1) Studio writ or one bedroom condominimn: 1 spaceIunit (2) Multiple family writ of two or more bedrooms, up to 3,000 square feet in size: 1 1/2 spaceslunit (3) Multiple family unit of two or more bedrooms more than 3,000 square feet in size. and single family and duplex units: 2 spaces/unit. . (4) Lodge: 0.5 (1/2) space per room or unit (5) Restaurant: 1 space per 10 seats. (6) Retail: 1 space per 1,000 sq.ft. (7) Office: 1 space per 400 sq. ft. (8) Services, mmmen9flCe, and recreation requirements are flexible. Services to be shown on Development Area Plans. (9) Loc.k-off: 0.5 (1/2) space per lock-off D. Maxirnmn Bui1din~ Heimt. Forty-five feet rnaxirnmn for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions [remainder of this page intentionally left blank] ARROWHEAD AT VAIL 11/07/06 3:27 PM 48 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 27. Lower Bachelor Gulch - Lots 112-115 "SINGLE FAMILY RESIDENTIAL " A Permitted Uses:. (1) Singl~family dwellings. (2) Ski trails and li:fts. (3) Accessmy structures. B. Setback. All building improvements must be contained within the building envelope as shown on the Final Plat. c. Buildinil Height Thirty-five feet for Eagle County review. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Density. Maximum of 4 dwelling units. 28. Lower Bachelor Gulch Vill32~Lots 77-111 "SINGLE FAMILY RESIDENTIAL" A Permitted Uses:. (1) Singl~family dwellings. (2) Ski trails and lifts. (3) Accessory structures. B. Setback. All building improvements must be contained within the building envelope as shown on the Final Plat. c. Building Heigbt Thirty-five feet for Eagle County review for all lots except Lots 89-93 which shall be restricted to 28' maximum. More restrictive provisions may apply; consult Design Guidelines for specific provisions. D. Density. Maximum of35 dwelling units. ARROWHEAD AT VAlL 11107106 3:27 PM 49 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 29. Lower Bachelor Gulch Village - Lots 48-76 "SINGLE FAMILY PRlMARYISECONDARY RESIDENTIAL" A Permitted Uses. (1) Singlo-family dwellings (2) Singlo-family primmy/secondmy dwellings (3) Ski trails and lifts - (4) Accessory structures B. Setback. All building improvements must be contained within the Building Envelope as shown on the Final Plat. C. Buildinll Height Thirty-five feet maximmn for Eagle County review except lot 68 which shall be restricted to one story plus a "walk-out" basement level. More restrictive provisions may apply. Consult Design Guidelines for specific provisions. D. Density. Maximwn of 58 dwelling units. E. Buildin8 Coverage Ratio and Impervious Area Ratio. The building coverage ratio shall not exceed a maximum of 25 percent, or a total of 45 percent coverage by impervious materials. XII. EMPLOYEE HOUSING The number of employee housing units to be required as a condition of approval of the Arrowhead at Vail P.U.D. will be determined based on commercial and ski development within Arrowhead. The formula for estimating the employee housing requirements within Arrowhead at Vail is contained ~ Appendix E. . More detailed documentation of the employee housing plan and requirements may be found in the "Arrowhead Preliminary Plan," August 31,1993. Arrowhead at Vail.will provide direct employee housing assistance to house approximately' 20 perceI1t of the total employees wodcing in the development The first 34 units required to be developed to meet Arrowhead at Vail housing requirements; as calculated by the formula in Appendix E, shall be offset by credits obtained by Arrowhead at Vairs participation in the Lake Creek Development (Resolution #93-77). Additional units may be required as a result of connnercial or ski development that, measured through the formula in Appendix E, create employee housing demands that exceed the 34 units aedit. Additional units in excess of the credits, should they be required, would be interspersed in Arrowhead at Vail or elsewhere in Eagle County. Units will ARROWHEAD A T VAIL 11/07/06 3:27 PM 50 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN be in a variety of sizes and price ranges to accommodate differing lifestyles and incomes. Formllli7.ed commitments to employee housing and constrnction will be phased according to schedules to be submitted at the time of filing final plats containing commercial uses or expanded ski development xm. FIREPLACE AND WOOD STOVE CONTROL 1. Definitions. A Wood Bwning Device. An appliance or structure designed for or capable of bwning wood. including a conventional open-hearth fireplace or wood stove. This does not include cookstoves, finnaces, or boilers. . B. New TechnolO2V Device. A wood bmning device that meets or exceeds the emissions standards for certification of Phase II appliances identified by the Environmental Protection Agency in Federal Regulation 40 CFR Part 60, as amended (this includes most pellet stoves). C. Common Areas. Areas associated with commercial or multiple family buildings which are intended for public gathering, such as lobbies, lotmges, entries, patios, decks, etc. 2. Within Arrowhead At Vail The Requirements For Wood B1ll1lirut Shall Be As Follows: A One new technology device per dwelling unit in a single family and duplex dwelling units. An unlimited nwnber of gas bmning devices shall be permitted. B. Wood burning devices are not allowed in multiple family dwelling writs. An unlimited nwnber or gas burning devices shall be permitted. c. One new technology device is allowed in the common area of a building containing multiple family dwelling units. ' D. One new teclmology device per building containiug commercial and industrial uses(s); or, alternatively, one conventional open-hearth fireplace per building which contains a lodge use and must be placed within a common area. E. Buildings with wood bwning devices in existence on the effective date of this regulation shall be allowed to replace existing wood bwning devices with new technology devices. All existing wood bwning devices shall be permitted to continue to be used unaffected by these regulations. XIV. INTERVAL OWNERSHIP!fIMESHARE. ARROWHEAD AT VAIL 11/07106 3:27 PM 51 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 1. This Section XIV shall apply only to those portions of the Arrowhead PUD that were at any time platted as "Arrowhead" or "Arrowhead at Vail". References in this Section XIV to "Arrowhead" or "Arrowhead at Vail" shall not include or apply to those portions of the Arrowhead PUD that are platted as or referred to as "Bachelor Gulch Village". This Section XIV does not apply to or have any effect in relation to those portions of the Arrowhead PUD that are platted as or referred to as "Bachelor Gulch Village". Permitted land uses or any restrictions on land use within or in regard to the Bachelor Gulch Village portion of the Arrowhead PUD shall be as provided for in sections of this PUD Guide oth<< than this Section XIV. 2. Except as expressly permitted in subsection 5 below, no Dwelling Unit, Duplex Structure or Unit. Condominium, Cabin, Chalet, Lodge Unit, Studio Unit, Lot, Single Family S1ructure or Uni~ Single Family Primary/Secondary Structure or Unit, CIusta- Home or any othez stJ:ucture, as such tenDs may be used or defined within this Guide, within any property subject to this PUD that is platted as "Arrowhead" or "Arrowhead at Vail" (each, a "Unitj shall be used: A for the operation of a timesharing, fraction-sharing. interval ownership, or similar program whereby the right to exclusive use of a Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, or B. for the operation of a reservation or time-use system among co-Owners of a Unit, regardless of whether or not any co-Owner may later opt out of such system and regardless of whether the reservation or time-use system is recorded or Wll'eCOrded, fixed or floating, if one or more of the following conditions exist: (1) such system is adopted, imposed or managed by a party other than the co- Owners themselves, or (2) such Unit is publicly marketed for sale subject to such system, or (3) the co-Owners are or were required, as a condition of purchase of a fractional interest in the Unit, to subject the fractional interest to a pre-determined reservation or time-use system among Co-Owners. ' (all of the foregoing uses, systems or programs of ownership are hereinafter called "Interval Ownership"). 3. Mere co-ownership of a Unit shall not aeate an Interval Ownership as defined herein unless such co-ownership meets any of the conditions described in subsection 2 above. 4. Any use of a Unit for Interval Ownership pwposes in effect and existing at the time that this Section XIV is adopted and included within this PUD Guide shall be a "Nonconfonning Use" ARROWHEAD AT VAIL 11/07/06 3:27 PM 52 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN as that term is defined in Article 2 of the Eagle County Land Use Regulations in effect at the time this Section XIV is adopted. It is the intent of this amendment to the PUD Guide to pennit these Nonconforming Uses to continue, tDltil they are removed but not to encourage their swvival. Therefore, such Nonconforming Uses may continue in accordance with the provisions and limitations contained in Section 6-110 of the Eagle County Land Use Regulations in effect at the time this Section XIV is adopted. 5. The intent of this Section XIV is to permit Interval Ownership use of Units within the Arrowhead Village Core as described in this subsection 5. Therefore, notwithstanding any other limitation contained in this Section XIV. Interval Ownership of an Unit shall be pennitted on those certain properties within. the Arrowhead PUD that are platted as "Arrowhead" or "Arrowhead at Vail" desaibed below, whether or not specified as a "Use" or "Permitted Use" in the applicable development area. A Lots 1.2.21,32 and 35, and Tracts B. F and I, Arrowhead at Vail Filing No. 13; B. Tracts G and H, Dakota at Arrowhead Phase 3; C. Lot lB. a resubdivision of Lot 1, Arrowhead at Vail Filing No. 12 (Seasons at Arrowhead Condominimns pursuant to the Declaration recorded August 15, 1989 in Book 511 at Page 638); D. Lot 14, First Amendment to Arrowhead at Vail Filing No. 13 (Buffalo Park Condominiwns pursuant to the Declaration recorded November 13. 1991 in Book 566 at Page 824); E. Lot 23. Arrowhead at Vail Filing No. 13 - Fifth Amendment (Spruce Tree Lodge Condominiums pursuant to the Declaration recorded November 12, 1996 as Reception No. 607241); F. Lot 22B. Arrowhead at Vail Filing No. 13 - Sixth Amendment (SeasonsIVillage Garage Condominiums pursuant to the Declaration recorded August 27. 1997 as Reception No. 631527); G. Lot 29. Arrowhead at Vail Filing No. 13 - a Resubdivision of Lot 28 (Aspenwood Lodge Condominiums pursuant to the Declaration recorded May 18, 1998 as Reception No. 656712); H. Lot 30, Arrowhead at Vail Filing No. 13 - a Resubdivision of Lot 30 (Pinecone Lodge Condominiums pursuant to the Declaration recorded May 24. 1999. as Reception No. 696874); ARROWHEAD AT VAIL 53 11/07/06 3:27 PM AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN 1 Lot 22. Arrowhead at Vail Filing No. 13 - Fifth Amendment (Village Townhomes at Arrowhead pursuant to the Declaration recorded April 29, 1997 as Reception No. 621472); 1. Lot 28, Arrowhead at Vail Filing No. 13 - Tenth Amendment (Village Townhomes II at Arrowhead pursuant to the Declaration recorded September 28, 1998 as Reception No. 670916); K. Lot 31A, Arrowhead at Vail Filing No. 13, a Jbreo..Dimensional Resubdivision of Lots 31 and 33 (The Village Townhomes at Arrowhead - Phase ill PW'SUaIlt to the Declaration recorded September 20,2001, as Reception No. 767872); L. Lot 31B, Arrowhead at Vail Filing No. 13, a Three-Dimensional Resubdivision of Lots 31 and 33 (Village Townhomes - Phase ill Garage Condominiwns pursuant to the Declaration recorded September 20, 2001, as Reception No. 767874); M. Lot 34, Arrowhead at- Vail Filing No. 13, a Resubdivision of Lot 34 and Tract I (Arrowhead Alpine Club Condominiwns pursuant to the Declaration recorded Febrnmy 7,2000, as Reception No. 722105; and N. A portion of Tract G, Arrowhead at Vail Filing No. 13, as more particularly described on Appendix G attached hereto and incorporated herein by this reference. The properties described in paragraphs A through N of this subsection 5 are shown on Appendix H attached hereto and incorporated herein by this reference. XIV-A. INTERVAL OWNERSmPITIMESHARE - BACHELOR GULCH VILLAGE ESTATE ' WTS. 1. This Section XIV-A shall apply only to that portion of the Arrowhead PUD legally described as follows (the "Bachelor Gulch Estate Lots"): Lots 48 through 76, inclusive, Bachelor Gulch Village Filing No.2, according to the Final Plat of Bachelor Gulch Village Filing No. 2 recorded June 19, 1996, at Reception No. 593738, Eagle County, Colorado; and Lots 77 through 106, inclusive, Bachelor Gulch Village Filing No. 3, according to the Amended Final Plat of Bachelor Gulch Village Filing No.3 - Single Family Lots recorded November 20, 1997, at Reception No. 640019; and ARROWHEAD A T VAIL 11/07/06 3:27 PM 54 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN Lots 112 through 115, inclusive. Bachelor Gulch Village Filing No. 3, according to the Final Plat of Bachelor Gulch Village Filing No.3 - A Resubdivision of Tract YY recorded April 17, 2002, at Reception No. 792538; and Lot 107, Bachelor Gulch Village Filing No.4, according to the Amended Final Plat of Bachelor Gulch Village Filing No. 4 - A Reconfiguration and Combination of Lots 107 and 108 recorded August 17,2004, at Reception No. 888015. This Section XIV-A does not apply to or have any effect in relation to any portion of the Arrowhead PUD other than the Bachelor Gulch Estate Lots. Permitted land uses or any restrictions on land use within or in regard to the Bachelor Gulch Village portion of the Arrowhead PUD, other than the Bachelor Gulch Estate Lots, shall be as provided for in sections of this PUD Guide other than this Section XIV-A 2. Except as expressly permitted in subsection 5 below, no Dwelling Unit, Duplex Structme or Unit, Condominium, Cabin, Chalet, Lodge Unit, Studio Unit, Lot, Single Family Structme or Unit, Single Family Primary/Secondary Structure or Unit, Cluster Home or any other structure, as such terms may be used or defined within this Guide, upon any of the Bachelor Gulch Estate Lots (each, a "Unit") shall be used: A for the operation of a timesharing, fraction-sharing, interval ownership, or similar program whereby the right to exclusive use of a Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, or B. for the operatiOn of a reservation or t:iJne..use system among co-Owners of a Unit, regardless of whether or not any co-Owner may later opt out of such system and regardless of whether the reservation or t:iJne..use system is recorded or unrecorded, fixed or floating, if one of more of the following conditions exist: (1) such system is adopted, imposed or managed by a party other than the co., Owners themselves, or (2) (3) such Unit is publicly marketed for sale subject to such system, or the co-Owners'are or were required, as a condition of purchase of a fractional interest in the Unit, to subject the fractional interest to a pre-determined reservation or t:iJne..use system among co-Owners. ARROWHEAD AT VAIL 11/07/06 3:27 PM 55 AMENDED AND REST A TED GUIDE. PLANNED UNIT DEVELOPMENT PLAN (all of the foregoing uses, systems or programs of ownership are hereinafter called "Intenral Ownership"). 3. Mere C<rOwnership of a Unit shall not create an Interval Ownership as defined herein unless such co-ownership meets any of the conditions described in subsection 2 above. 4. Any use of a Unit for Interval Ownership pmposes in effect and existing at the time that this Section XIV-A is adopted and included within this PUD Guide shall be a "Nonconfonning Use" as that tenn is defined in Article 2 of the Eagle COWlty Land Use Regulations in effect at the time this Section XIV-A is adopted. It is the intent of this amendmeru to the PUD Guide to permit these Nonconforming Uses to continue. until they are removed but not to encourage their smvival. Therefore, such Nonconforming Uses may continue in accordance with the provisions and limitations contained in Section 6-110 of the Eagle COlUlty Land Use Regulations in effect at the time this Section XIV-A is adopted. XV. LOW POWER WIRELESS COMMUNICATIONS EQUIPMENT Stmctures and antennas necessary to broadcast telecommunications for voice, data or video with emitted power levels less than 36dBm (or such other levels as may be authorized by the Federal Connnunication Commission to be low power telecommunications) are pemritted within all Development Areas with the prior written approval of the appropriate Design Review Committee XVI. RECORDING Upon approval by the Eagle COlUlty Board of COWlty Commissioners, the PUD Plan will be recorded with the Clerk and Recorder of Eagle ColUlty, Colorado. xvn. ENFORCEMENT If any person shall violate or threaten to violate any of the provisions of this instnnnent, it shall be lawful for the Board of County Commissioners of Eagle COlUlty, Colorado, or (i) with respect to areas other than Bachelor Gulch Village, the Arrowhead Association or the Arrowhead Design Review Committee or (ii) with respect to Bachelor Gulch Village, the Bachelor Gulch Village Association or the Bachelor Gulch Village Design Review Committee, to bring any proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, together with reasonable attorneys' fees, for such violations. ARROWHEAD A T VAIL 11/07/06 3:27 PM 56 AMENDED AND RESTATED GUIDE. PLANNED UNIT DEVELOPMENT PLAN XVIIL SEVERABILITY Invalidation of any one of the provisions of this instrument by cowt order or decree shall in no way affect any of the other provisions which shall remain in full force and effect ARROWHEAD AT VAIL 11107/06 3:27 PM 57 T..k J Si.onton Eagle, CO 371 85/12/2183 1.:SZA R .... 0 .... APPENDIX A Calculation of Ski Area Parkine ReqJlirernents Day Skiers = (Mountain Comfortable Capacity (at any point in time)) - (Dwelling Units Existing x 3 (personslunit) x 85 % (skier use from within Arrowhead on any given day) Day Skiers! 3 Persons Per Car = Day skier parking required Mountain Employee Parking = Employees on any day/l.t persons per car Day Skier + Mountain Employee Parking = Ski Area Required Parking . ,---"'......, . . . . i. ~ i , ' , - , ,. , , i If, ~ ~ 'i ~ ~ ~j~5 J . "t..j":f or i i~liii!di t I f , I I I t J J Ii lid, JIII11 nlJH II bll~- , 1 , i:' ", \, i" . " , 'I " -'--_____-1 ' ~ In~ " :J Ih , ~?}~ i~. I ~ I 5~ ,~~ ~ Iii I ~ q;qllli' '" ~...~II -.-.--.. _:"'-.;...._:'_,.:--, . ,.. ""-........... , , I ~ 10 ! ; 13 N ~Q tI) ~ , co I ' ~ . . a 832915 Teak J Sl~ton Eagle, CO e5/12/2M3 11:!52A R '.M D.... APPENDIX C Lock-Off Unit Dlustration .. KlTC#t:.N J3.XAI1P~/E, 01= PE/Z.Nn I EO /../X.I:--oFf: ON rr 83291~ Teak J S1.onton Eagle. CO 371 85/1212..3 18:!52A R .... D.... APPENDIX D ARROWHEAD AT VAIL SIGNAGE GUIDELINES Purpose: 1) To create a unified comprehensive sign program which establishes a community identity and aids in the location and identification of public and private signage. 2) To create a style and mood for the community and to orient visitors and residents. Applicability: The provisions of this section shall apply to all public and private signage greater than 6 square feet. Signage less than 6 square feet does not require a county sign permit but does require approval by the Arrowhead at Vail Design Review Committee. All pUblic, private and commercial signage shall conform to the Eagle County Sign Code except where specific deviation is permitted by Section n of this document. AIl signage within the Arrowhead at Vail development shall meet size, shape, color and letter style specifications established by the Arrowhead at Vail Design Review Committee. Public signage shall meet the requirements outlined in "The Village at Arrowhead Signage - Revised" and shall be consistent with the Manual of Uniform Traffic Control Devices (M.U.T.C.D.). ' Administrative Review: Application for a sign permit shall be made to the Arrowhead Design Review Committee. Following Arrowhead approval. sign permit applications shall be submitted to the County Sign Administrator. AIl sign permit application shall include two copies of a scaled drawing which depicts the sign. The drawing should show height, size, material, construction and location in relation to buildings, setbacks, property lines and landscape features. All fees will be assessed by Eagle County at the time of application to the County based upon the current. County fee schedule. I. PUBUC AND INFORMATION SIGNAGE Sign AUowances: . 1) Major Entry Signs: The central, entrance (Arrowhead Drivel Highway 6) - 2 development identification signs - Not to exceed 32 square feet each, wall mounted with the length of the wall to be determined based upon specific site plans. 832915 T..1l J SillOl'lton Eagle, CO 378 1S/12/2M3 11:52A R .... D '.M 2) Minor Entrance Signs: Four Minor Entrances - Not to exceed 32 square feet per intersection and 8 feet in height. This signage is to identify the subdivision (i.e. Logo), and give directional information. 3) Major Directional Signs: Appropriate intersection signage identifying and giving direction to Arrowhead Village, parking, The Country Oub of the Rockies, and future recreational uses within the Arrowhead development not to ex~,24 square feet and 8 feet in height. 4) Minor Directional Signs: Not to exceed 4 square feet, and 5 feet in height. This signage shall match the style of the major directional signs to create a unified look. 5) Street Signs: These signs are to be at each intersection and shall be either metal reflective signs matching the style of the regulatory signage, or square based pilasters not to exceed 3 foot.on a side with a height not to exceed 4 feet. Appropriate information signage and lighting shall be incorporated into the pilaster design. These signs shall be placed in a consistent location relative to rights of way. 6) Regulatory Signs: These signs shall be located by Arrowhead at Vail as per regulatory standards. They shall be standard metal reflective signs mounted on wood posts as per "The Village at Arrowhead Signage _ revised 5/31/89". 7) Information Signage Information ,signage permitted on each lot is required to conform to Eagle County sign requirements and to any signage requirements for the particular filing adopted by the Design Review committee. Information signs should not exceed 24 square feet or 8 feet in height. A maxbnum of two information signs per lot are permitted, provided however. if one lot has only one sign. additional signs can be aggregated on other lots or in the public right of way adjacent to the lots in the 13th Filing so long as the total number of information signs within the filing or adjacent to the filing does not exceed the equivalent of two signs per lot. 832915 ll. VILLAGE SIGNAGE rull J SillOnton bal., CO 378 05/12/2883 le:S2A R .." 0 .." All signage in the 13th Filing shall be in conformance with signage requirements of Eagle County, and developers of lots in the 13th Filing are responsible for obtaining necessary sign permits as required from the COunty. In addition, the following sign guidelines apply: A. Building Identification Signs Only two building identification signs for each lot are allowed. Identification signs must be attached to the building or to an approved wall. Building identification signs may be illuminated, however all light sources should be concealed from direct view. Sign letters or components shall not utilize exposed neon. The maximum allowed square footage for building identification signage shall not exceed 15 square feet each. . B. Commercial Storefront Signs Signs on commercial storefronts advertising the storefront use may be diverse. Flat signs, window signs, and hanging signs are all appropriate. Hanging signs must ",aint~in at least 10 feet of clearance, and may not project over three feet from the face of the storefront. All signs except window signs should be, attached to the building at a signage band provided for that purpose. Letter size should not exceed 12 inches. Unlighted signage is encouraged for commercial storefronts. If signs are lighted, they should be lighted from an external light source - unless otherwise approved by the Design Review Committee. Individual store front signage may not . exceed a total of 30 square feet, with individual signs not exceeding 15 square feet. Any temporary displays or banners must be approved by the Design Review Board. C. Free Standing Commercial Signs Free standing commercial signs are permitted as approved by the Arrowhead at Vail Design Review Committee. A maximum of one free standing commercial sign per two lots in Filing 13 is permitted. These signs can not exceed 24 square feet in area and 8 feet in height. D. General Sign Restrictions The following types of signs or sign components are prohibited in the 13th Filing: 1. Roof signs. 2. Moving or flashing signs. 3. Paper. or cardboard signs, stickers or decals hung around, on or behind glass doors and! or windows. 4. Signs with exposed raceways, ballast boxes, or transformers. 5. Sign manufacturers names. stamps, or decals. 6. Signs employing unedged or uncapped plastic letters or letters with no returns and exposed fasteners. . 832915 0S/12/2H3 le:!52A R e..e D.... ill. RESIDENTIAL SIGNAGE Within residential developments one sign per development entrance is permitted to identify the name of an individual housing cluster or development area. It must be located on a private lot with sufficient setback development area. It must be located on a private lot with sufficient setback from an intersection as to not obscure critical intersection sight lines. Address identification signs for each residence in Arrowhead at Vail are required. See the Design Review Committee Colors and Material Board for graphic standards applicable to the lot numbers. A. Construction Signs ConstrUction signs listing contractors and designers will follow a standardized format which includes size, color, material, mounting and letter specifications as established by the Arrowhead at Vail Design Review Committee. These signs shall be located centrally on the lot with a IDiIrlmum of a 10 foot setback from any lot line and will not exceed 16 square feet in area or 8 feet in height. Construction signs do not require an Eagle County Sign Permit but must meet the requirements established by the Arrowhead at Vail Design Review Committee. Construction signage shall be present on a site for the duration of the construction or 18 months (whichever is less), unless Design Review Committee approval has been granted for an extension. 832915 Teak J Si~ton E..I., CO 371 15/12/2013 1.:S2A R .... D.... APPENDIX E The Arrowhead at Vail Affordable Housine f'.alc111ation FonnuIa Arrowhead at Vall will house 20 percent of the permanent employees within Arrowhead at Vail as calculated through the formula descnbed in more detall below. In the caJculatiODS, a dwelling unit requirement will be determined as follows: Employees (as calculated below) x .20 + 2.5 persons per unit = required dwelling units. Projections of future employment are based upon an analysis of the likely development and "use- patterns at Arrowhead at'Vall, and on research of employment levels in a number of resort communi~ where employment was measured by land use type. This research resulted in suggested ranges of employment (persons) that can be anticipated to result from developing a particular land use (i.e. restaurants, retail, offices, etc.). These ratios are the basis for the estimates that will be used to determine housing requirements at Arrowhead at Vail. SUGGESTED EMPLoYMENT CA1EGORlES AND RANGEs FOR ARROWHEAD ExPRESSED AS EMPLoYEES PER. 1,000 SQUARE FEET UNLESS OTIIBRWISB INDICATED EMPLoYMENT CATEGORY Maintenance, Buildings! Storage Areas Office: Real Estate Office: Fmancial Office: Professionall Other ConferenceJ Meeting Space Restaurant! Bar Retall and Service Commercial Retail: G~I liquori Convenience Resort Hotel Retail Resort HotcV Lodge Units Interval OWnership Units. Studiol Condominium Lock-off Units.. Health Club . Ski Operations - Seven persons at present, expected to increase to 12 full-time. . Country Club of the Rocldes...- 34 persons (up to 45 summer-only employees are also hired. They are not counted in the totals because the Arrowhead employment peak is {CaChed in winter rather than summer). * Only Interval Ownership units developed in Lower Bachelor Gulch Village in Tract Y and, Tracts H, I, I, K, L, M, Nt 0, Qt R, S, T, V (or any resubdivision thereof) will be required to comply with this Affordable Housing Calculation Formula. Such compliance will be required at the time of building permit. ** Studio units ( but not studio units containing a kitchen) and condominium lock-ofJ units ( but not that portion of the condominium containing a kitchen) that are developed in Lower Bachelor Gulch Village will comply with the Affordable Housing Calculation Formula. Such compliance will be required at the time of building permit. . . *** Note that the Country Club is now under separate ownership, but the employment at the Club has been a part of previous formulae. Teak J Si~lon Eagie, CO 370 05/12/2083 18:52A R 8.00 D 8.08 832915 371 85/12/2813 11:52A R '.01 D'." APPENDIX F 75' BUll..DING HEIGHTS IN VILLAGE CORE - TRACT D "..-"."l i I)C I~ I~ 1< !o I Shaded area is area in whicl1 maximum building height of 75' is permitted. 75' BUILDING HEIGHT ZONE TRACT C ~ , TRACT A- 2 SCALE: 1" = .3 JO' A.PFf!!!NOIX Q 832915 &5/12/2013 18:S2A R .... D 8.18 sos - --- - ---- - ~. ~~~ -,-- --~ ---- \ --- \ ------ \~\ ------ \ - \ ;. \ ~. \ f\ ~\ \ "'fj.'I;l \ ;.a \ ~ \ ~ \, \ ~ \ ;..- \ \ \ \ \ \ \ \ \ \ \ \ '\ \ \ \ \ \ \ \ \ \ \ 1:51.12" TRACT C -- LOT 2 lAND DESCRIPTION A parcel of land located in Tract G according to the Amended Final Plot, Arrowhead at Vail, Filing No. 13, A Resubdivision of Lot 26, Lot 27'- Tract H, and Tract G, Reception No. 725632, Public Records of Eagle County, Colorado. Said parcel being more particularly described by metes and. bounds as follaws: DESCRIBED PARCEL 0.491 ACRES ~ ..- Beginning at the Northwest corner of said Tract C; thence along the northerly line of said Tract G the follawing three (3) courses ond distances; 1) N7S42'34"E, 0 distance of 189.00 feet; 2) N25,f53-E, a distance of 49.52 feet: 3) 26.70 feet along the arc of a non-tangent curve to the left having a radius of SO.OO feet; a central an~le of 30'35'37" and a chord which bears 580"06 19"E. 26.38 feet; thence along the easterly line of a (20' wide) waterline easement recorded in Book 477' a~ Page 722. S05"09'29"W; a distance of 156.12 feet; thence departing said line West, a distance of 196.28 feet ta intersect the West line of said Tract G; thence along said line N1617'26"W, a distance of 64.79 feet to the Point of Beginning. ' Cl I- o c( ~ i TRACT B The above described parcel contains 0.491 acres of land more or less. LOT 1 1 "=30' NonCE: ACCOROlHG TO' COLORADO LAW YOU WST COUWENCE ANY LEGAL ACTION BASED UPaf ANY DEFECT IN THIS EXHIBIT WlntH THREE 't[ARS AfTER YOU F1RST DISCOVER SUCH DEFECT. IN NO EVENT WAY ANY ACTION BASED UPON ANY DEfECT IN THIS EXHIBIT BE COMMENCED MORE THAN T[N 't[ARS FROM THE OA TE ~ THE CERTIfICA TION SHOWN HEREON. I SHEET 1 OF 1 JOBf 84200 Z: \dwg\orrowheod\e4200..BROKEN ARROW_exhlbildwg EOwARllS BUSINESS lXHTER P.o. BOll 17 . EOWNlOS. ca.CRAOO 811132 . (970) 1211-3373 f~ ('70) t2II-33iO ~~ @7 0 '\,'-. N 06- ~ :? 8 .., ~ ;.,>~O ~ \g1 <Yd--6- "4 @ ~ ~ ~~ ~@ ~ ~~ . to o I.v gilt) (//0 r") ~ @r-- /f~~1 ~ ~ ~ h ~ o 0 ~ g@~ ~~1~N o {'" 0 I") ~ ~ - G\ ~ ~ I 0 @ ~I g .., ..; t~ ~ ~I CTl ~ 0 'I tO~N $ :> - We 8 ~ j!:~ r; I ~ l n '& t").~ .. ..& n ;~a ~ oN 'l) ~ o I & . . Ill: = I; ... fi ] U) ., ... = ... II >< 10 Z W 0.. 0.. <( o o r-- L \~ N , b o N ' r----7 ,z I . ,... - ~ ILJ -r7 :.J~_ N ~ ; <( (Jfl - ~ S! 8~ " @ 0, _ '~J_ 1 @ i~,,,,,-,:::: " " - ~"', " I. 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