HomeMy WebLinkAboutR02-107 PUD Prelminary Plan for Woodland HillsCommission moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - 1C?7z
APPROVAL
OF THE
PUD PRELIMINARY PLAN and
ZONE CHANGE for
WOODLAND HILLS,
FILES
PDP -00022 and ZC -00050
WHEREAS, on or about October 29th, 2001, the County of Eagle, State of Colorado, accepted
for fling an application submitted by David Nudell (hereinafter "Applicant ") for approval of Woodland
Hills Planned Unit Development Preliminary Plan and Zone Change, Eagle County File Nos. PDP-
00022 and ZC- 00050; and,
WHEREAS, approval of the Preliminary Plan Application would allow for the following:
• The subdivision of an approximately 8.81 acre parcel of land into 76 multifamily units
consisting of 76, two bedroom 12 car garage units (see also attached Exhibit `A', PUD
.--- Agr ----- eement) -- --
_. _ . __ __. _ .
• Outdoor recreational areas including an approximate half acre park/athletic field, a sodded
pocket park area adjacent to the playfield (tot lot), several picnic areas, and a Health Trail
System, consisting of 12 fitness stations along a gravel trail which winds through the project.
• Internal street connections to adjacent properties.
The creation of an 8' spur trail as conditioned by ECO Trails.
• Comprehensive landscaping throughout the project.
• A new a bus stop on Highway 6.
WHEREAS, Woodland Hills is located west of the Eagle River Valley Mobile Home Park,
accessed from Highway 6, and shall b "e comprised of three properties currently zoned Residential
Suburban Low Densitv (see attached Exhibit `B'); and,
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Commissione oved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 -
APPROVAL
OF THE
PUD PRELIMINARY PLAN and
ZONE CHANGE for
WOODLAND HILLS,
FILES
PDP -00022 and ZC -00050
WHEREAS, on or about October 29th, 2 00 1, the County of Eagle, State of Colorado, accepted
for filing an application submitted by David Nudell (hereinafter "Applicant ") for approval of Woodland
Hills Planned Unit Development Preliminary Plan and Zone Change, Eagle County File Nos. PDP-
00022 and ZC- 00050; and,
WHEREAS, approval of the Preliminary Plan Application would allow for the following:
• The subdivision of an approximately 8.81 acre parcel of land into 76 multifamily units
consisting of 76, two bedroom 12 car garage units (see also attached Exhibit `A', PUD
Agreement)
• Outdoor recreational areas including an approximate half acre park/athletic field, a sodded
pocket park area adjacent to the playfield (tot lot), several picnic areas, and a Health Trail
System, consisting of 12 fitness stations along a gravel trail which winds through the project.
• Internal street connections to adjacent properties.
• The creation of an 8' spur trail as conditioned by ECO Trails.
• Comprehensive landscaping throughout the project.
• A new a bus stop on Highway 6.
WHEREAS, Woodland Hills is located west of the Eagle River Valley Mobile Home Park,
accessed from Highway 6, and shall be comprised of three properties currently zoned Residential
Suburban Low Density (see attached Exhibit `B'); and,
1
WHEREAS, at its public hearing held February 6th, 2002 the Planning Commission, based on
its findings, recommended approval of the PUD Preliminary Plan, as originally proposed, with certain
conditions, and approval of the Zone Change; and,
WHEREAS, at its public hearing held April 23rd, 2002 the Applicant amended his proposal and
presented the Board of County Commissioners four (4) new "Options" to be considered, however,
because all of the four alternatives would lower the density of the project (less than the originally
proposed 88 units), Pursuant to Section 2- 10.G.3.a.Substantial Change from Planning Commission
Recommendation, if, "....the Board of County Commissioners proposes to consider approval of an
application that constitutes a substantial change in or departure from the initial application recommended
by the Planning Commission which is not made solely to satisfy Planning Commission
recommendations or conditions, the matter shall be submitted back to the Planning Commission for
consideration at a public hearing;" and,
WHEREAS, according to the definition of substantial change as per the Eagle County Land Use
Regulations, "Substantial change means either a change in (1) land use category; (2) site design which
increases or decreases (a) the number of dwelling units, (b) the number of structures of a size or
nature requiring a building permit, (c) the minimum or maximum square footage of structures if a
minimum or maximum has been specified in a permit or approval, (d) projected traffic such that a
highway access permit or an amendment to a highway access permit is required as a result of the change,
or (e) the size of the land which is the subject of the permit or approval; (3) land use which creates or
increases the incompatibility of the use of the subject land with the adjacent land uses; or (4) site design
'which changes the location of (a) uses, when multiple uses are provided on single lots or (b)
improvements other than within an approved building envelope;" and,
WHEREAS, prior to the Board rendering a decision, it was determined that the revised
Woodland Hills proposal must first be evaluated by the Planning Commission.; and,
WHEREAS, at its public hearing held June 5th, 2002 the Planning Commission, based on its
findings, recommended denial of the revised PUD Preliminary Plan, and approval of the Zone Change;
and,
WHEREAS, at its public hearing was held by the Board of County Commissioners (hereinafter
the "Board ") of the County of Eagle, State of Colorado, July 9th, 2002, based on its findings, approved
the Preliminary Plan with certain conditions and approval of the Zone Change; and,
WHEREAS, the zoning will change from Residential Suburban Low Density to Planned Unit
Development; and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the
unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments ofpublic officials and agencies, the recommendation ofthe PIanning Commission,
and comments from all interested parties, the Board of County Commissioners ofthe County of Eagle, State
of Colorado ( "the Board "), finds as follows:
(1) That proper publication and public notice were provided as required by law for the hearings
before the PIanning Commission and the Board; and,
1. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review
of a Preliminary PUD Plan:
(1) Unified ownership or control. [Section 5- 240.F.3.e (1)] The title to all land that is part
of this PUD IS owned or controlled by three (3) persons, with each person owning or
controlling one (1) of the three lots which comprises Woodland Hills.
(2) Uses. [Section 5- 240.F.3.e (2)] The uses that may be developed in the PUD ARE uses
that are designated as uses that are allowed, allowed as a special use or allowed as a
limited use in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use
Schedule" for the zone district designation in effect for the property at the time of the
application for PUD. .
(3) Dimensional Limitations. [Section 5- 240.F.3.e (3)] The dimensional limitations that
shall apply to the PUD ARE NOT those specified in Table 3 -340, "Schedule of
Dimensional Limitations ", for the zone district designation in effect for the property at the
time of the application for PUD. However, variations MAY be granted along with
approval of the Preliminary Plan.. The requested variations are as follows:
• Minimum Lot Area per Use; Minimum Front, Rear and Side Yard Setback
Requirement; Maximum Floor Area Ratio; Maximum Impervious Coverage;
Maximum Building Coverage.
(4) Off-Street parking and Loading. [Section 5- 240.F.3.e (4)] It HAS been demonstrated
that off - street parking and loading provided in the PUD complies with the standards of
Article 4, Division 1, Off-Street Parking and Loading Standards, without a necessity for a
reduction in the standards.
(5) Landscaping. [Section 5- 240.F.3.e (5)] Landscaping provided in the PUD DOES
comply with the standards of Article 4, Division 2, Landsca in and Illumination
Standards.
(6) Signs. [Section 5- 240.F.3.e(6)] The sign standards applicable to the PUD ARE as
specified in Article 4, Division 3, Sign Regulations_ The Woodland Hills PUD will use
both the Eagle County comprehensive sign plan, as provided in Section 4 -340 D., Signs
Allowed in a Planned Unit„ Development (PUD), and the PUD guide. These plans ARE
suitable for the PUD and provides the minimum sign area necessary to direct users to and
within the PUD..
(7) Adequate Facilities. [Section 5- 240.F.3.e (7)] The Applicant HAS clearly
demonstrated that the development proposed in the Preliminary Plan for PUD will be
provided adequate facilities for sewage disposal, electrical supply, and roads; the
applicant HAS clearly demonstrated that the development proposed in the Preliminary
Plan for PUD HAS approval for adequate facilities for potable water and sewage
2.
disposal. In addition, the Applicant HAS demonstrated that the proposed PUD will be
conveniently Iocated in relation to schools, police and fire protection, and emergency
medical services. .
(8) Improvements. [Section 5- 240.F.3.e (8)] It HAS been clearly demonstrated that the
improvements standards applicable to the development will be as specified in Article 4,
Division 6, Improvements Standards regarding:
(a) Safe, Efficient Access.
(b)
Internal Pathways.
(c)
Emergency Vehicles
(d)
Principal Access Points.
(e)
Snow Storage.
(9) Compatibility With Surrounding Land Uses. [Section 5- 240.F.3.e (9)] The
development proposed for the PUD MAY be considered compatible with the character of
surrounding land uses based upon net density calculations or, visual density. The
Woodland Hills project is not consistent with existing similar developments based strictly
upon numeric gross density calculations.
(10) Consistency with Master Plan. [Section 5- 240.F.3.e (10)] The PUD IS consistent with
the Master Plan, including, but not limited to, the Future Land Use Map (FLUM).
(11) Phasing [Section 5- 240.F.3.e (11)] A phasing plan HAS been submitted for this
development. The phasing plan is as follows:
• Phase I. Buildings 1 through 4
Phase 1I. Buildings
Phase III. Buildings
Phase IV. Buildings
Phase V. Buildings
5 through 8
9 through 12
13 through 16
17 through 19
(12) Common Recreation and Open Space. [Section 5- 240.F.3.e (12)]The PUD HAS
demonstrated that the proposed development will comply with the common recreation
and open space standards with respect to:
(a) Minimum area;
(b) Improvements required;
(c) Continuing use and maintenance; or
(d) Organization.
(13) Natural Resources Protection. [ Section 5- 240.F.3.e (13)]The PUD DOES demonstrate
that the recommendations made by the applicable analysis documents available at the
time the application was submitted, as well as the recommendations of referral agencies
as specified in Article 4, Division 4, Natural Resource Protection Standards, have been
considered.
Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the
review of a Preliminary Plan for Subdivision:
4
(1) Consistency with Master Plan. [Section 5- 280.B.3.e (1)] The PUD IS consistent with
the Master Plan, and it IS consistent with the Future Land Use Map (FLUM).
(2) Consistency with Land Use Regulations. [Section 5- 280.B.3.e (2)] The Applicant
HAS fully demonstrated that the proposed subdivision complies with all of the standards
of this Section and all other provisions of these Land Use Regulations, including, but not
limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site
Development Standards.
(3) Spatial Pattern Shall Be Efficient. [Section 5- 280.B.3.e (3)] The proposed subdivision
IS located and designed to avoid creating spatial patterns that cause inefficiencies in the
delivery of public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development.
(4) Suitability for Development. [Section 5- 280.B.3.e (4)] The property proposed to be
subdivided IS suitable for development, considering its topography, environmental
resources and natural or human -made hazards that may affect the potential development
of the property, and existing and probable future public improvements to the area.
(5) Compatibility with Surrounding Uses. [Section 5- 280.B.3.e (5)] The development
proposed for the PUD MAY be considered compatible with the character of surrounding
land uses based upon net density calculations or, visual density. The Woodland Hills
project is not consistent with existing similar developments based strictly upon numeric
gross density calculations.
3. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.2.a.(8) Initiation:
Applicant shall submit the following: "Proposed PUD guide setting forth the proposed land
use restrictions."
(1) Initiation [Section 5- 240.F.2.a.(8)] Applicant HAS submitted a PUD Guide that
demonstrates meets the requirements of this Section.
See Attached Exhibit `C' PUD Guide for Woodland Hills
4. Pursuant to Eagle County Land Use Regulations Section 5- 240.D., Standards for a review of
a Zone Change:
(1) Consistency with the Master Plan. [Section 5- 230.D.1] The proposed zone change
designation IS consistent with the purposes, goals, policies and FLUM of the Eagle
County Master Plan.
(2) Compatible with surrounding uses. [Section 5- 230.D.2] The development proposed
for the PUD MAY be considered compatible with the character of surrounding land uses
based upon net density calculations or, visual density. The Woodland Hills project is not
consistent with existing similar developments based strictly upon numeric gross density
calculations. The proposed PUD is the appropriate zone district to achieve the proposed
outcome.
(3) Changed conditions. [Section 5- 230.D.31 There ARE changed conditions that require
an amendment to modify the density and intensity.
(4) Effect on natural environment. [Section 5- 230.D.4] The proposed amendment WILL
NOT result in significantly adverse impacts to the natural environment.
(5) Community need. [Section 5- 230.D.5] The proposed amendment DOES address a
community need.
(6) Development patterns. [Section 5- 230.D.6] The proposed amendment WILL result in a
logical and orderly development pattern and not constitute spot zoning. Further, the
resulting development can logically be provided with necessary public facilities and
services.
(7) Public interest. [Section 5- 230.D.7] The extent to which the area to which the
amendment would apply HAS changed and continues to change is such that it is in the
public interest to encourage a new density in the area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application for approval of the Planned Unit Development Preliminary Plan for
Woodland Hills be, and is hereby granted, subject to compliance with the following conditions:
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 considered
conditions of approval.
2. An eight foot wide paved spur trail shall be provided on the property, along the entire
width of the property abutting the Highway 6 right-of-way. The spur trail will be
designated for public use but constructed and maintained by Woodland Hills.
3. Dedication of water rights and / or cash in lieu be in place before the issuance of building
permit.
4. Option 4, as represented by the Applicant, consisting of 76 two bedroom units, of which
20, two bedroom units are to be sold at $225,000 with a 5 year 3% appreciation cap, for
owner occupied, locals only; and 56, two bedroom units to be sold at marker price,
without any restrictions (see also attached Exhibit `A' PUD <4greement).
6
THAT, the Preliminary Plan submitted under this application and hereby approved, does not
constitute a "site specific development plan" as that phrase is defined and used in C.R.S. Section
24 -68 -101, et seq.
THE BOARD further finds, determines and declares that this Resolution is necessary for the
health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the ,,ay of, 2002, nunc pro tunc to the
9th day of July, 2002.
ATTEST:
BY:
ara J. Fisher
Clerk of the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
t mac" COLORADO, By and Through Its
BOARD OF COUNTY C%1MISSIQI lERS
�- Ip � BY:
Mich allagher, Chairm --n -
r
B
Arn encore, ommissioner
BY:
Tom C. Stone, Commissioner
Commissioner 9 seconded adoption of the foregoing resolution.. The roll having been
called, the vote was as follows:
Commissioner Michael L. Gallagher /2
Commissioner Am M. Menconi
Commissioner Tom C. Stone �q
This Resolution passed by cT v vote of the Board of County Commissioner of the County of Eagle,
State of Colorado.
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SITE
Exhibit 'B'
PDP-00022, ZC-00050
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100 0 100 200 300 400 Feet
NOTES vo ", S
USE OF THIS MAP SHOULD BE FOR
GENERAL AND INFORMATIONAL PURPOSES
ONLY. EAGLE COUNTY DOES NOT N
WARRANT THE ACCURACY OF THE
INFORMATION CONTAINED HEREIN.
EXHIBIT `C'
PLANNED UNIT DEVELOPMENT GUIDE
WOODLAND HILLS
July 24, 2002
Introduction
This Planned Unit Development Guide is the Iand use control document for the Woodland
Hills Planned Unit Development. This document establishes the land use, development
controls and building standards for any and all construction within this project's
boundaries.
II. Administration
Purpose
The purpose of the Planned Unit Development Guide (Guide) is to ensure the
orderly development of the Woodland Hills Planned Unit Development as
approved by Eagle County. The Guide substitutes the standard zoning provisions
of Eagle County Land Use Regulations with site specific provisions based on a
detailed examination of the property and its proposed residential use. The
provisions contained within this Planned Unit Development Guide replace those of
the Eagle County Land Use Regulations.
2. Enforcement
Eagle County shall enforce the provision set forth in this Guide through the refusal
to approve any application for building permit or certificate of occupancy for any
building or structure within this property if it is not in compliance with this Planned
Unit Development Guide.
Conflict
The specific provisions contained within this Guide shall take precedence over the
provisions contained elsewhere in the Eagle County Land Use Regulations.
Where this Planned Unit Development Guide is not fizll and explicit, the Eagle
County Land Use Regulations, as amended from time to time, shall apply.
g
III. Permitted Land Uses on all Lots
1. Multi - Family Residential*
2. Home Occupations as defined in the Eagle County Land Use Regulations*
3. Recreation and Open Space
* No accessory buildings to the residential units are allowed on the property.
Written Permission from the Board of Directors of the Homeowners
Association is needed for Home Occupations.
IV, Dimensional Limitations
1. Density
76 dwelling units on three lots as shown on the Development Plan attached
as Exhibit A. No residential units are permitted to be combined into larger
unit.
2. Configuration
See Development Plan attached as Exhibit A for the locations of buildings,
driveways and parking areas.
3. Maximum Floor Area *
Lot 1: 13,824 square feet
Lot 2: 46,080 square feet
Lot 3: 27,648 square feet
* Garages do not count as Floor Area.
4. Maximum Impervious Lot Coverage
Lot 1 25,400 square feet
Lot 2 90,000 square feet
2
y
Lot 3 48,500 square feet
* As shown on the Development Plan attached as Exhibit A
5. Maximum Building Coverage *:
Lot 1 10,000 square feet
Lot 2 33,000 square feet
Lot 3 22,000 square feet
* As shown on the Development Plan attached as Exhibit A
6. Building Height:
3 5 feet measured per ECLUR
7. Building Setbacks *:
50 feet from Hwy 6 Right of Way
20 feet from Eagle County Road Right of Ways
10 feet from edge of pavement of private roads
15 feet from side or rear property lines
'BAs shown on the development plan attached as Exhibit A
8. Fire Break:
A minimum 20 -foot wide area without any trees or bushes shall be
provided along the southern boundary of the property.
V. Construction Requirements
1. Type of Units:
Lot 1 Buildings 1 -3. Each building contains 4 - two bedroom/two bath
units
3
VT.
j
Lot 2 Buildings 4 — 12 and Building 19. Each of these buildings contains
4 — two bedroom/two bath units
Lot 3 Buildings 13 — 18. Each building contains 4 — two bedroom/two
bath units
2. Roofing
Class A rated roofing is required on all buildings.
3. Building Materials
All construction shall meet the adopted Fire Code.
4. Fireplaces
No woad - burning fireplace or wood burning stoves are permitted
S. Foundation Perimeter Drains
Foundation perimeter drains shall be constructed around all buildings.
Land scaping/Lighting and Signage Requirements/Maintenance
1. Landscape Plan
See Landscape Drawing attached as Exhibit B. Specific species, numbers
of trees and bushes, and approximate distribution of these landscape
materials are shown on the Landscape Drawing. Minor modifications to
this plan may be made with written approval from the Director of the Eagle
County Department of Community Development.
A. All evergreen trees shall be 4 to 6 feet in height. All deciduous
trees shall be a minimum of 1.5 -inch caliper. All shrubs shall be
five - gallon size
B. Usable Open Space: 107,800 square feet as shown on Exhibit B.
C. See Landscape flan for the location of intersection lighting and
entrance signage.
El
2. Lighting:
A. All illumination of the building entrances and signage will be
downlit with concealed luminaires. Intersection light posts will
also use down lighting.
B. Deck Lighting will be permitted provided that such lights comply
with above standard and that no glare is cast on adjacent units,
C. Maximum Height of Road Intersection Light Posts: 26 ft.
Maximum Height of Driveway Lighting: 10 feet
Signage:
4. Fences:
Maximum Size of Project Entrance Sign: 36 square feet.
Maximum Size of Directional/Informational Signs: 2 square feet
Maximum Size of Building Identification Signs: I square foot
Warning/Traffic Control Signs: Manual of Uniform Traffic
Control Devices (latest
revision)
Any fence constructed within the Woodland Hills PUD must be no
higher than 42 inches with an opening in the lower half of the fence
of at least 16 inches to allow passage of deer fawns and elk calves
unless approved in writing from the Colorado Division of Wildlife.
5. Maintenance:
The Woodland Hills Homeowners Association shall maintain:
a. all landscaping within the development.
b. the drainage facilities except for those facilities
located with the public rights of way dedicated to
Eagle County.
C. The exterior of the buildings
Monthly dues in an amount sufficient to cover these obligations
have been determined and are referred as an obligation of each
homeowner in the covenants.
VII. Local Resident Housing
The Woodland Hills Planned Unit Development shall be developed according to
price and occupancy standards established in the Planned Unit Development
Agreement recorded for the project.
VIII. Miscellaneous
I
A. Occupants are allowed a maximum of one licensed dog per dwelling unit.
B. A series of escalating fines for owners allowing their dog to run loose will
be incorporated into the Covenants, Conditions and Restrictions.
2. Trash
Any overnight storage of trash outside must be contained within Bear Proof Trash
Receptacles approved by the Colorado Division of Wildlife.
n
PLANNED UNIT DEVELOPMENT AGREEMENT
COUNTY OF EAGLE, STATE OF COLORADO
AGREEMENT NUMBER:
David Nudell
for
Woodland Hills Planned Unit Development
File Number: PDP-00022
WHEREAS, on or about 10129101, David Nudell, by and for the Woodland Hills Homes
Development, LLLP, a yet to be formed Colorado Limited Liability Limited Partnership,
(hereinafter called "Developer "), did file an application with the Eagle County Department of
Community Development, State of Colorado, pursuant to Article 5 of the Eagle County Land Use
Regulations, for a Preliminary Plan to the Woodland Hills Planned Unit Development, said
development consisting of Seventy -Six (76) two bedroom units; and
WHEREAS, concurrent with the approval of a Preliminary Plan for PUD, the Developer
and the Board of County Commissioners shall enter into a Planned Unit Development (PUD)
Agreement (Agreement), binding the PUD to any conditions placed in the Resolution and this
Agreement; and
WHEREAS, said Agreement shall include a Housing Restrictions Plan as the Developer
desires to implement certain housing restrictions as part of the PUD. The parties agree that this
PUD Agreement is the appropriate document to set forth those restrictions;
WHEREAS, said Agreement shall also include a Common Open Space Plan and a Park
and Recreation Area Plan; and
WHEREAS, said Agreement shall set forth how the landscaping proposed for the PUD
will comply with Eagle County Land Use Regulations Section 4 -240 Installation and
Maintenance Requirements; and
WHEREAS, said Agreement shall ensure installation of necessary public improvements
planned to accommodate the development; and
WHEREAS, pursuant to Article 5- 240.F.3.h items (1) through (4) of the Eagle County
Land Use Regulations, the Eagle County Board of Commissioners finds that the following shall
set forth the performance section of this Planned Unit Development Agreement.
NOW, THEREFORE, in consideration of approval of the Preliminary Plan for PUD,
and the promises, covenants, and agreements to be kept and performed by the parties hereto, it is
agreed:
EXHIBIT
1
1. CONDITIONS IN THE RESOLUTION
The PUD, including Developer and successive owners of any part thereof, is bound to all
of the conditions placed in the Resolution approving the PUD Preliminary Plan.
2. COMMON PARK AND OPEN SPACE AREAS
2.1 Common Park and Open Space Areas Plan. Developer agrees to be bound by its
verbal and written assurances as to its Common Open Space, Park and Recreation Area Plans.
The Plans must outline the areas of common open space, parks, trails and recreation Iands. The
Plan must specify hove' the preservation of these lands is to be implemented, identify deed or
other restrictions against development and include terms by which any common areas are to be
maintained. The Plan must be submitted with the application for Final Plat approval and must be
approved by the Board of Eagle County Commissioners before approval of the Final Plat.
3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE.
3.1 Landscape Plan. Developer agrees to submit with the application for Final Plat
approval a Landscape Plan that complies with the landscape plan submitted with the Preliminary
Plan and found to be in compliance with Section 4 -240 Installation and Maintenance
Requirements. Minor modifications may be approved provided that the plan continues to comply
with Section 4 -240 Installation and Maintenance Requirements. The Landscape Plan must be
approved by the Board of Eagle County Commissioners as part of a Subdivision Improvements
Agreement prior to approval of the Final Plat.
3.2 Agreement to Collateralize Landscaping. The Developer agrees to provide
collateral in a form acceptable to the County Attorney to ensure landscaping complying with the
approved Landscape Plan will be installed. Developer agrees to provide collateral for no less that
one hundred and twenty -five (125) percent of the estimated cost of the landscaping
improvements. The Developer may provide collateral for each phase of a phased PUD.
Applicant agrees that the guarantee-shall be provided prior to initiation of any land clearing or
infrastructure development for the phase or the PUD, whichever is applicable.
3.3 Release of Landscape Collateral. As portions of the landscape improvements are
completed, the Community Development Director shall inspect them, and upon approval and
acceptance, shall authorize the release of the agreed estimated cost for that portion of the
improvements, except that the (10) percent shall be withheld until all proposed improvements are
completed and approved, and an additional twenty -five (25) percent shall be retained until the
improvements have been maintained in a satisfactory condition for two (2) years.
3.4 Public Improvements AgLeement. Developer agrees to execute a Subdivision
Improvements Agreement (SIA) prior to approval of a Final Plat for PUD. The SIA will contain,
among others, the following provisions:
A) Specification oflmproyements. The improvements to be installed shall be
specified, and shall include requirements as set forth in Condition Lb. of
that Resolution approving File No. PDP- 00022.
B) Certificates of Insurance. The Developer shall secure from any contractor
or subcontractor engaged in the work necessary to comply with the SIA a
Certificate of Insurance providing for liability protection in the minimum
amount of $150,000 per individual and $600,000 per occurrence, naming
the County as an additionally named insured. The Developer, if it serves
as the contractor for the PUD Improvements, shall provide insurance in the
same form and amounts as required of the general contractor. Said limits
shall be adjusted to comply with any changed limits in the Colorado
Governmental Immunity Act, Title 24, Article 10, Colorado Revised
Statutes.
C) County Incurs No Liability. The County shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage
happening or occurring to the PUD and/or PUD Improvements specified in
the Final PUD Agreement prior to the completion and acceptance of the
same; nor shall the County, nor any officer or employee thereof, be liable
for any persons or property injured or damaged by reasons of the nature of
said work on the PUD Improvements, but all of said liabilities shall be and
are hereby assumed by the Applicant. The Developer hereby agrees to
indemnify and hold harmless the County and any of its officers, agents and
employees against any losses, claims, damages or liabilities for which the
County or any of its officers, agents, or employees may become subject to,
insofar as any such losses, claims, damages or liabilities (or actions in
respect thereof) arise out of or are based upon any performance by the
Developer hereunder; and the Developer shall reimburse the County for
any and all legal and other expenses incurred by the County in connection
with investigating or defending any such loss, claim, damage, liability or
action. This indemnity provision shall be in addition to any other liability
which the Developer may have.
D) Collateral. Developer agrees to provide collateral in a form acceptable to
the Eagle County Attorney to ensure public improvements are installed
according to the development approval for no less than one hundred (100)
percent of the estimated cost of public facility improvements, as estimated
by the Developer and approved by the County Engineer. As portions of
the public facilities improvements are completed, the County Engineer
shall inspect them, and upon approval and acceptance, shall authorize the
release of the agreed cost for that portion of the improvements except that
ten (10) percent shall be withheld until all proposed improvements are
completed and approved by the County Engineer.
E) Warran The SIA shall provide for a warranty period of two (2) years
following completion of the Iast of the improvements.
F) Compliance with Land Use Regulations. The Developer shall be required
to obtain all necessary permits and comply with the provisions of the Land
Use Regulations, including but not limited to the Regulations for
Construction within the Public Ways of Eagle County (Chapter V), as the
same are in effect at the time of commencement of construction of the
PUD improvements referred to herein.
G) Sole Rcsl2onsibiliiy of Applicant Prior to Coun . Acceptance. The
Developer agrees and understands that at all times prior to the completion
and acceptance of the on and off -site PUD Improvements set forth in this
Agreement and the SIA by the County, each of said improvements not
accepted as complete shall be the sole responsibility and charge of the
Developer. When it is necessary to allow the general public to utilize the
roadways under construction by the Developer, traffic control and warning
devices shall be placed upon such roadways by the Developer in
accordance with the Manual on Uniform Traffic Control Devices for
Streets and Highways as prepared by the U.S. Department of Trans-
portation, Federal Highway Administration.
4. HOUSING PLAN
Any master deed restrictions, covenants, or documents which are recorded for the
Woodland Hills Planned Unit development will apply and are incorporated herein by reference.
In addition, Developer agrees to be bound by the following Housing Restrictions:
Eagle Cop= Em p o
yment „Requirement. All initial and subsequent sales and/or
transfers of those restricted units within the development, as more particularly defined in Article
4.5 herein, shall only be made to applicants who meet the definition of a "Qualified Employee.”
The Qualified Employee requirements shall only apply to those twenty (20) restricted units
identified in Article 4.5, such 'amts hereinafter referred to as the "Restricted Unit," for the first
five years of occupancy. The remaining 56 units shall have no requirements pertaining to local
employment housing.
4.2 Qualified Employee Determination. Eagle County, or its designee, shall be the
party responsible for determining whether a person meets the definition of a Qualified Employee.
Such decision may be based on criteria including, by way of example and not limitation: percent
of income earned within Eagle County, place of voter registration, place of automobile
registration, drivers license address, income tax records, and sworn affidavits.
All initial and subsequent sales, leases, and/or transfers of Restricted Units within
the development shall only be made to applicants who have previously received a Letter of
Certification from Eagle County stating that the applicant meets the definition of a Qualified
Employee as set forth hereunder. Eagle County may collect a reasonable administrative fee from
the applicant for issuance of the Letter of Certification in an amount established by the County.
To obtain a Letter of Certification, applicants will provide, upon request of the County, the
following documentation as proof of Eagle County employment.
A) Federal Income Tax return forms or other acceptable documentation to the
County;
B) Verification of current employment in Eagle County (i.e. wage stubs;
employer's name, address and phone number; or other acceptable
documentation to the County;
C) Signed authorization from the applicant allowing Eagle County to discuss
details with applicant's employer; and
D) Any other documentation that County deems necessary to make a
determination.
In determining whether a person meets the definition of a Qualified Employee, the
County shall consider the criteria cumulatively as they relate to the intent and purpose of this
Housing Plan and may adopt less restrictive guidelines than those that follow in Article 4.3 to
address extenuating circumstances as necessary to achieve the purposes of this Housing Plan.
4.3 Qualified Employee. To be a qualified employee, the following requirements
must be met:
A) The applicant has earned a living primarily in Eagle County by having
worked an average of at least thirty (30) hours per week for at least eight
(8) months in the previous twelve (12) at a licensed Eagle County business
or a business within five (5) miles of the County boundary;
B) If the applicant has not been employed at a licensed Eagle County business
for at Ieast eight (8) months, the applicant has been hired for a job in Eagle
County or within five (5) miles of the County boundary on a permanent
basis (meaning that there is an expectation that employment will continue
for a period of at least eight (8) months) to work at least thirty (30) hours
per week, which employment will be his/her primary source of income;
C) The applicant must demonstrate that at least 75% of his/her income
earnings is derived or will be derived by working at a licensed Eagle
County business or a business within five (5) miles of the County
boundary;
D) The applicant must intend to use the unit as his/her primary residence and
maintain it as his/her primary residence in the future. The applicant will
be deemed to have ceased to use the unit as his or her primary residence by
accepting permanent employment more than five (5) miles outside of the
Eagle County area, or by residing in the unit for fewer than nine (9)
months in an year;
E) The applicant has acknowledged his/her agreement to be bound by the
terms of this Agreement and any restrictive deeds and covenants required
herein;
F) If the applicant does not meet the requirements of A) and B) herein, the
applicant is over the age of sixty (60) and has earned a living primarily in
Eagle County or within five (5) miles of the County boundary by having
worked an average of at least 30 hours per week for the previous five (5)
years or for five (5) years immediately prior to his or her retirement;
G) If the applicant does not meet the requirements of A) and B) herein, the
applicant is a disabled person who has been a full time employee in Eagle
County or within five (5) miles of the County boundary for a minimum of
two years immediately prior to their disability or;
H) If the applicant does not meet the requirements of A) and B) herein, the
applicant is a spouse or dependant of a Qualified Employee as defined
above, and who is currently living in Eagle County, and
I) Neither the applicant nor any member of the household (including, but not
limited to, spouses and children under 18 years of age) may own habitable,
residential real estate in Eagle County at the time of application, except
where that real estate is deed restricted as a Local Resident Housing Unit
and where that unit will be sold prior to the purchase of the new Local
Resident Housing Unit or where that real estate is a mobile home on a lot
owned by a separate entity. A current residence may not be deeded to a
corporation or other business entity.
4.4 Ownership, Use and Occupancy „Restrictions. A Restricted Unit or ownership
interest in the same will not be sold, conveyed, leased, transferred or occupied until the proposed
owner or occupant has received a Letter of Certification as set forth in Article 4.2 herein.
The requirements of this PUD Agreement shall not preclude an Owner from
sharing occupancy of a Restricted Unit with non - owners on a rental basis so long as any renter
meets the definition of a Qualified Employee, any renter has received a Letter of Certification
from the County, any renter has signed an acknowledgment that he /she agrees to be bound by the
restrictions and covenants applicable to the particular Restricted Unit, and the Owner continues
to meet the definition of Qualified Employee.
An owner may sell his/her Restricted Unit through a real estate broker licensed in
the State of Colorado or by himself/herself. The owner or real estate agent shall promptly
advertise the Restricted Unit for sale to Qualified Employees in accord with the terms hereof.
In cases where an owner of a Restricted Unit accepts employment outside of Eagle
County or has an emergency requiring that he/ she leave Eagle County, said owner may lease
his/her unit to a Qualified Employee for a period of up to 12- months subject to the pending sale
of the Unit. During this period, the Unit will actively be marketed for sale. If at the end of this
12 -month period, the Unit has not been sold, Eagle County may extend the lease period in its,.
discretion.
4.5 Initial Price Restrictions and Appreciation CPR for Two Bedroom Restricted
Units. The following conditions shall apply:
A) Twenty (20) two bedroom/two bathroom units will be initially offered at a
base sales price of $225,000.00. The base sales price of these units may
only be adjusted pursuant to Article 4.8 hereunder. The location of these
price restricted units will be shown on the Final Plat of this project.
B) These twenty (20) price restricted two bedroom/ two bathroom units shall
be subject to a five (5) year appreciation cap that will allow the unit to
increase in value by three percent (3 %) compounded annually. The
duration of this appreciation cap shall begin to run at the time of closing.
After five (5) years from the date of closing, said unit shall be free from
any further restrictions. The appreciation is to be calculated on the initial
sales price of the unit (simple interest), plus eligible improvements as
described in Article 4.6 hereunder.
C) The Initial Price Restriction and Appreciation Caps set forth herein will be
enforced by recorded deed restrictions or other form of covenant running
with the land in a form similar to that set forth in the attached Appendix
"A ". The initial applicant and all future buyers for the duration of the
restrictions must sign a document acknowledging their agreement to be
bound by the terms and conditions of the deed restrictions in a form
similar to the attached Appendix `B ". The acknowledgment and deed
restrictions will be executed concurrently with the closing of a Restricted
Unit's sale and will be recorded thereafter.
4.6 Unit improvements. Each Restricted Unit will be allowed up to $3,000.00 per
year in permitted capital improvements. Nothing in this article shall preclude an owner from
allocating more than $3,000.00 annually to capital improvements. However, only those capital
improvements actually made and not exceeding $3,000.00 annually will be used to calculate the
resale price of any Restricted Units subject to appreciation caps as set forth in Article 4.5 herein.
Permitted capital improvements shall consist of, byway of example and not limitation, the
following:
A) The addition of storage space;
B) Modifications or improvements to accommodate a person with a disability
as defined in the Americans with Disabilities Act;
C) Improvements which reduce the consumption of energy;
D) Kitchen and bathroom renovations, including appliances and fixtures;
E) Replacement of the roof;
F) Replacement of the famace;
G) Replacement of floor coverings;
H) Replacement of water heaters;
1) Replacement and/or repair of windows; and
7) New paint.
No other types of expenditures may qualify as a permitted capital improvement
unless approved by the County after a determination that such improvements were necessary for
the repair of any defect, damage, and/or ordinary wear and tear of the unit. Eagle County, or its
designee, shall be the party responsible for determining whether an improvement expenditure
meets the definition of a permitted capital improvement. Eagle County may collect an
administrative fee from the applicant for its permitted capital improvements determinations. in
order to receive credit for the improvement, a request for approval must be submitted to the
County detailing the work performed and providing copies of all receipts. The County will issue
a written notification of decision. Only those improvements that have received a written
approval from the County shall be considered as permitted capital improvements in determining
the resale price and transfer fee. If the eligible improvements exceed $3000.00 in the year the
improvements were completed, the balance of the improvement costs may be credited in
subsequent years up to the allowable maximum.
4.7 Calculation of Resale Price. All Restricted Units that are subject to a current
appreciation cap as set forth in Article 4.5 above, shall be sold for an amount no greater than the
maximum sales price. For purposes of this article, maximum sales price shall be calculated as
follows:
A) Start with the initial base price of the property as set forth in Article 4.5
above. The base price shall include the original purchase price for the
property plus any selling costs incurred, as evidenced by a title company
settlement sheet. Any costs of financing are specifically excluded;
B) Calculate a 3% increase for each full year, adding in any permitted capital
improvement annually as determined pursuant to Article 4.6 above;
C) For years that do not consist of twelve (12) full months, prorate the
amount to the next highest quarter (for example if you were selling the
home in May, you would prorate to the next highest quarter, basing the
percentage increase on six (6) months rather than twelve (12) (1.5%
increase instead of 3 1/o); and
D) An example of calculated resale price is attached hereto as Appendix "C ".
Eagle County, or its designee, shall be the party responsible for determining the
appropriateness of all maximum sales price calculations. Eagle County may collect a reasonable
administrative fee from the applicant for reviewing maximum sales price calculations. All
calculations of maximum sales price must be approved by the County in writing and will be
modified, as necessary, in the discretion of County.
4.8 Initial Price Restriction Adjustments. The base sales price for all Restricted Units
maybe adjusted subject to increases in the cost of concrete, asphalt, and lumber from the date of
this Agreement. The parties agree that the Woodland Hills Condominiums initial Price
Guarantees Modifier attached hereto as Appendix "D ", shall set forth the appropriate lumber,
asphalt, and concrete benchmarks as of the date of this Agreement. If any of these cost item
benchmarks rise more than 10% throughout the course of the development of this project, the
initial offering price restrictions on the units may be adjusted upward by Developer to recoup this
increase in costs. The adjustment will be based on the actual dollar amount of the increase and
will be spread evenly and/or proportionally among the remaining units.
The base sales price for all Restricted Units may also be adjusted subject to increases in
the water supply costs related to the payment of fees in lieu of water rights. The parties agree
that $88,000.00 shall be the benchmark for the cost of such fees for the project. Any amounts in
excess of this figure may be recouped by the developer through an upward adjustment in the
initial offering price restriction. The adjustment will be based on the actual dollar amount of the
increase and will be spread evenly and/or proportionally among the remaining units.
Eagle County, or its designee, shall be the party responsible for determining whether there
has been legitimate cost increases, pursuant to this Article 4.8, warranting an upwards increase in
a unit's initial offering price restriction. Eagle County may collect a reasonable administrative
fee from the applicant for such review. No Restricted Unit will be sold at a price in excess of the
original initial price restriction without prior written County approval.
5. ADDITIONAL TRANSPORTATION CONTRIBUTION
In addition to the Off-Site Road Impact Fees to be charged to and paid by Developer in
accordance with the terms and conditions of the Eagle County Land Use Regulations, Developer
agrees to pay to Eagle County an additional amount of $891 per unit as additional transportation
contribution. Said additional contribution shall be a one time fee for each of the seventy -six (76)
units that is due and payable at the time of building permit issuance along with the Off -Site Road
Impact Fees.
6. GENERAL PROVISIONS.
61 Appendices. Appendices attached hereto and incorporated herein by this
reference are thus made apart hereof.
6.2 Seyerability. Whenever possible, each provision of this Agreement and any other
related documents shall be interpreted in such a manner as to be valid under applicable law; but
if any provision of any of the foregoing shall be invalid or prohibited under said applicable law,
such provision shall be ineffective to the extent of such invalidity or prohibition without
invalidating the remaining provisions of such subsection or document.
6.3 County Liability. Nothing herein shall be construed to require Eagle County to
protect or indemnify the Developer, an owner, or unit occupant against any expense, cost or loss
of any nature attributable to rental or ownership pursuant to the terms hereof, including, but not
limited to, loss of rent, property damage, loss of a sale, or loss of or increased costs of financing,
or from the application or enforcement of the terms hereof or of the Deed Restrictions. Neither
Eagle County, nor the Developer, is responsible for locating a Qualified Employee to occupy a
unit in the event that no such employee is found by the owner.
6.4 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment or
modification be in writing and signed by all parties hereto.
6.5 Assiyriability. This Agreement shall be enforceable against the Developer,
provided however, that in the event the Developer sells, transfers or assigns all or part of the
subject PUD, the obligations of the Developer under this Agreement as to that portion of the
subject PUD may be assumed in writing by the purchaser of the parcel, and the Developer shall
have no further obligations hereunder. It is agreed, however, that no such assumption of these
obligations shall be effective unless the County gives its prior written approval to such
assumption following an investigation of the financial condition of the purchaser. The Developer
shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement
without prior written consent of the County, which consent shall not be unreasonably withheld.
6.6 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
6.7 No Rights to Third Parties. This Agreement does not and shall not be deemed to
confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action
or other proceedings against either the County or its officers, employees or agents because of any
breach hereof or because of any terms, covenants, agreements or conditions contained herein.
6.8 'Enforcement. At its sole option, the County may enforce the provisions of this
Agreement and of any applicable deed restrictions and covenants in the same manner and with
the same remedies applicable to the enforcement of land use regulations pursuant to the Eagle
County Land Use Regulations, as they may be amended from time to time, or as otherwise
provided by law. Alternatively, the terms of this Agreement and of any applicable deed
restrictions and covenants shall be enforceable by the Board or its designee by any appropriate
equitable or legal action, including but not limited to specific performance, mandamus,
abatement, in; 'miction, or forcible entry and detainer. The remedies explicitly provided herein are
cumulative, and not exclusive, of all other remedies provided by law.
The Developer, any owner, and any designated owner's association of the Woodland
Hills PUD shall also be entitled to enforce the terms of this Agreement and of any applicable
deed restrictions and covenants by any appropriate equitable or legal action, including but not
limited to specific performance, mandamus, abatement, injunction, or forcible entry and detainer.
6.9 Notice. Notice required pursuant to the terms of this Agreement shall be deemed
given on the day that the same is placed in the United States Mails, postage prepaid, certified or
registered mail, return receipt requested.
Address for giving notice to County:
Eagle County Housing Department
P.O. Box 179
500 Broadway
Eagle, CO 81631
(970) 328 -8685
Address for giving notice to Developer:
David Nudell
PO Box 3715
Eagle, Colorado 81631
//REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK//
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of
.2002.
ATTEST:
Clerk to the Board of
County Commissioners
DEVELOPER:
EAGLE COUNTY DEPARTMENT OF
COMMUNITY DEVELOPMENT, Colorado
By and Through Its
BOAR]
David Nudell, by and for the Woodland Hills
Homes Development, LLLP, a yet to be formed
Colorado Limited Liability Partnershi
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APPENDIX "A"
MASTER DEED RESTRICTION FOR THE OCCUPANCY AND RESALE OF THE
WOODLAND HILLS PUD
Subject Property. (hereinafter referred to as "Property' and more
particularly described on the attached Exhibit "A ").
The undersigned is /are the sole owner(s) in fee simple of the Property.
This deed restriction for the occupancy and resale of the Woodland Hills PUD is made and
entered into this _ day of , 200_ by (the owner of
the property, hereinafter referred to as "Owner "), and enforceable by the County of Eagle
(hereinafter referred to as "County").
The undersigned declares that the property shall be held, sold, and conveyed only subject to the
following covenants, conditions, and restrictions, which constitute covenants running with the
Property. These covenants are made as part of the Housing Plan portion of the Woodland Hills
PUD Agreement entered into by David Nudell, by and through the Woodland Hills Homes
Development, LLLP, ( "Developer ") and the County on , 2002 ( "PUD Agreement ").
These covenants shall be a burden on the Property for the benefit of Eagle County, Colorado,
acting by and through the Board of County Commissioners or its designees, and shall be binding
on the Owner, and on the heirs, personal representatives, assigns, lessees, licensees and any
transferee of the Owner.
Now, therefore, for value received, the receipt and sufficiency of which is hereby acknowledged,
Owner hereby represents, covenants, and agrees to be bound by the applicable terms and
conditions of Developer found in the Woodland Hills PUD Agreement, such Agreement
incorporated herein by reference. Specifically, Owner agrees as follows:
1. Local Employee Housing
Twenty two- bedroom/two- bathroom units shall be shown as Restricted Units on the Final
Plat. For a period of five (5) years following the initial closing on each of the Restricted Units,
the use and occupancy of the Restricted Units is hereby limited exclusively to Qualified
Employees and their families and dependents, as more specifically set forth below:
As used herein "Qualified Employee" shall mean a person who (a) has earned his living
primarily in Eagle County with an Eagle County business or within five (5) miles of the County
boundary by having worked an average of at least thirty (3 0) hours per week for at least eight (8)
months in the previous twelve (12); or (b) has been hired for a job in Eagle County or within-
five (5) miles of the County boundary on a permanent basis (meaning that there is an expectation
that the employment will continue for a period of at least eight (8) months to work at least thirty
(30) hours per week), which employment will be his/her primary source of income; and (c) shall
demonstrate that at least 75% of his/her income earnings is derived or will be derived by working
at an Eagle County business or within five (5) miles of the County boundary; and (d) must intend
to use the unit as his/her primary residence and maintain it as his/her primary residence in the
future (the applicant will be deemed to have ceased to use the unit as his or her primary residence
by accepting permanent employment more than five (5) miles outside of Eagle County or by
residing in the unit for fewer than nine months in a year); and (e) has acknowledged his/her
agreement to be bound by the terms and conditions of the deed restrictions and other covenants
applicable to the Woodland Hills PUD.
Additionally, a "Qualified Employee" shall mean a person who (a) is over the age of sixty
(60) and has earned a living primarily in Eagle County or within five (5) miles of the County
boundary by having worked an average of at least 30 hours per week for the previous five years
or for five years immediately prior to his /her retirement; or (b) is a disabled person who has
earned a living in Eagle County or within five (5) miles of the County boundary for a minimum
of two years immediately prior to his/her disability by having worked an average of at least thirty
(30) hours per week for at least eight (8) months a year; or (c) is a spouse or dependent of a
Qualified Employee who is currently living in Eagle County.
Notwithstanding the foregoing, the term Qualified Employee excludes any
person otherwise meeting the criteria of a Qualified Employee if such person or any member of
his immediate household, owns, directly or indirectly, a habitable, residential real estate dwelling
located elsewhere in Eagle County, except where that dwelling is deed restricted as a local
employee housing dwelling and where that dwelling will be sold prior to the purchase of this new
local employee housing unit or except where that dwelling is a mobile home on a lot owned by a
separate entity. This exclusion includes partial or full ownership in a corporation, and partial or
full beneficial interest in a trust, established for the purpose of evading this provision or to
provide beneficial interest sufficient to permit use and occupancy by the Owner or part owner.
This exclusion also includes partial ownership where the remainder is owned, legally or
equitably, by any member of his immediate household.
Eagle County shall determine whether a person meets the definition of a Qualified
Employee, which shall be based on criteria including, but not limited to, percent of income
earned within Eagle County, employer verification, place of voter registration, place of
automobile registration, drivers license address, income tax records, and affidavits. The
Property's initial and subsequent sales, leases, and/or transfers shall only be made to persons
who have received a Letter of Certification from Eagle County stating that the person meets the
definition of a Qualified Employee as set forth hereunder. In the determination of whether a
person meets the definition of a Qualified Employee, Eagle County shall consider the criteria
cumulatively as it relates to the intent and purpose of this Deed Restriction. Eagle County may
collect a reasonable administrative fee from the applicant for issuance of the Letter of
Certification.
2. Initial Price Restriction
The Restricted Units will be initially offered at a base sales price of $225,000.00. The
initial base sales price of these units may be adjusted only pursuant to the Woodland Hills PUD
Agreement incorporated herein by reference. The Iocation of these price restricted units are
shown on the Final Plat of this project.
3. Maximum Sales Price
In no event shall any of the Restricted Units be sold during the first five years following
the closing of the initial purchase for an amount (Maximum Sales Price) in excess of the Owner's
purchase price, plus an increase of three percent (3 %) compounded annually from the date of
purchase to the date of closing (prorated at the rate of .25 percent for each whole month for any
part of a year).
Maximum sales price shall be calculated by taking the purchase price of the property,
which shall include the original purchase price for the properly plus any selling costs incurred as
evidenced by a title company settlement sheet (any costs of financing are specifically excluded),
and calculating a 3% increase for each full year, adding in any permitted capital improvement.
Owner shall not permit any prospective buyer to assume any or all of the Owner's customary
closing costs nor accept any other consideration which would cause an increase in the purchase
price so as to induce the Owner to sell to such prospective Buyer.
Each Restricted Unit will be allowed up to $3,000.00 per year in permitted capital
improvements. Nothing in this section shall preclude an Owner from allocating more than
$3,000.00 annually to capital improvements. However, only those capital improvements actually
made and not exceeding $3,000.00 annually will be used to calculate the Maximum Resale Price.
Permitted Capital Improvements shall consist of by way of example and not limitation, (1) the
addition of storage space; (2) modifications or improvements to accommodate a person with a
disability as defined in the Americans with Disabilities Act; (3) improvements which reduce the
consumption of energy; (4) kitchen and bathroom renovations, including appliances and fixtures;
(5) replacement of the roof; (6) replacement of the fa race; (7) replacement of floor coverings;
(8) replacement of water heaters; (9) replacement and/or repair of windows; and (7) new paint.
No other types of expenditures may qualify as a permitted capital improvement
unless approved by the County after a determination that such improvements were necessary for
the repair of any defect, damage, and/or ordinary wear and tear of the unit. No improvement will
be applied to the Maximum Sales Price unless it has first been approved by the County in
writing. Such County review will require the submission of duplicate receipts verifying the
work, Owner affidavits, or other evidence of improvement.
Eagle County, or its designee, shall be the party responsible for determining the
appropriateness of all Maximum Sales Price calculations. All calculations of Maximum Sales
Price must be approved by the County in writing prior to closing of the Property. Eagle County
may collect a reasonable administrative fee from the applicant for reviewing the Maximum Sales
Price calculations.
4. Ownership and Occupancy Requirements
During the duration of these covenants and restrictions, a Restricted Unit or ownership
interest in the same will not be sold, conveyed, leased, transferred or occupied until the proposed
owner or occupant has received a Letter of Certification as set forth in Section 4.2 herein.
The requirements of this PUD Agreement shall not preclude an Owner from sharing
occupancy of the unit with non - owners on a rental basis so long as any renter meets tho definition
of a Qualified Employee, any renter has received a Letter of Certification from the County, any
renter has signed an acknowledgment that he /she agrees to be bound by the restrictions and
covenants applicable to the particular unit, and the Owner continues to meet the definition of
Qualified Employee.
An owner may sell his/her unit through a real estate broker licensed in the State of
Colorado or by himself/herself. The owner or real estate agent shall promptly advertise the unit
for sale to Qualified Employees in accord with the terms hereof.
5. County Liability
Nothing herein shall be construed to require Eagle County to protect or indemnify the
Developer, an owner, or unit occupant against any expense, cost or loss of any nature attributable
to rental or ownership pursuant to the terms hereof, including, but not limited to, loss of rent,
property damage, loss of a sale, or loss of or increased costs of financing, or from the application
or enforcement of the terms of this Deed Restriction.
6. Remedies
At its sole option, the County may enforce the provisions of this Deed Restriction in the
same manner and with the same remedies applicable to the enforcement of land use regulations
pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time,
or as otherwise provided by law. Alternatively, the terms of this Deed Restriction shall be
enforceable by the Board or its designee by any appropriate equitable or legal action, including
but not limited to specific performance, mandamus, abatement, injunction, or forcible entry and
detainer. The remedies explicitly provided herein are cumulative, and not exclusive, of all other
remedies provided by law.
The Developer, any owner, and any designated owner's association of the Woodland
Hills PUD shall also be entitled to enforce the terms of this Agreement and of any applicable
deed restrictions and covenants by any appropriate equitable or legal action, including but not
limited to specific performance, mandamus, abatement, injunction, or forcible entry and detainer.
Owner acknowledges and agrees that any attempt to sell the Property without compliance
herewith shall be wholly null and void and shall confer no title whatsoever upon the purported
buyer.
`ha
%y
7. General Provisions
7.1 Amendment and Modification. The parties hereto mutually agree that this
Deed Restriction may be amended or modified only when made in writing signed by both parties
and recorded with the Clerk and Recorder for Eagle County, Colorado. Notwithstanding the
foregoing, the County reserves the right to amend this Deed restriction unilaterally where deemed _
necessary to effectuate the purpose and intent of this Deed Restriction, and where such unilateral
action does not materially impair the Owners rights or any lender rights under this Deed
Restriction.
7.2 Binding Won Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
7.3 Further Actions. The parties to this Deed Restriction agree to execute such further
documents and take such further actions as may be reasonably required to carry out the
provisions and intent of this Deed Restriction or any documents relating hereto or entered into in
connection herewith.
7.4 Choice of Law. This Deed Restriction and each and every related document is to
be governed and construed in accordance with the laws of the State of Colorado. Each and every
action pertaining to the same shall be brought in the Courts of Eagle County, Colorado.
7.5 Attorney Fees. If any legal action is brought to enforce the provisions of this
Deed Restriction by any party identified in Section 7 herein, the party bringing the action shall be
entitled to its reasonable fees and costs in addition to any other remedies provided by law.
7.6 Severability. Whenever possible, each provision of this Deed Restriction shall be
interpreted in such a manner as to be valid under applicable law; but if any provision of any of
the foregoing shall be invalid or prohibited under said applicable law, such provision shall be
ineffective to the extent of such invalidity or prohibition without invalidating the remaining
provisions of such subsection or document.
//REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK//
Executed on the day and year above written.
Owner
Print Name
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me this day of
My Commission Expires:
,�tlz
Notary Public
200_, by
APPENDIX "B"
BUYERS AND /OR OCCUPIERS ACKNOWLEDGMENT OF AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS OF DEED RESTRICTIONS AND
COVENANTS PERTAINING TO THE WOODLAND HILLS PUD
Buyer(s) and/or Occupier(s):
Subject Property: (hereinafter referred to as "Property" and more
particularly described on the attached Exhibit "A').
Date:
In consideration of Eagle County's review of the undersigned for classification as a Qualified
Employee or Employer, the undersigned states the following:
The undersigned, buyer(s) and/or occupier(s) of a condominium unit ( "Unit ") in the Woodland
Hills PUD project identified above, hereby acknowledges that this Unit is subject to restrictive
covenants, conditions, and restrictions set forth in the Housing Plan portion of the Woodland
Hills PUD Agreement entered into by David Nudell, by and for the Woodland Hills Homes
Development, LLLP ( "Developer ") and the Board of County Commissioners of Eagle County,
Colorado ( "Board ") on March 26, 2002 (hereinafter "PUD Agreement "). This PUD Agreement
is recorded at Book , Page of the Official Records of the Clerk and Recorder of Eagle
County.
The undersigned hereby states that I have reviewed the Woodland Hills PUD Agreement, have
reviewed Deed Restrictions applicable to my particular Unit, and agree to be bound by the
applicable restrictive covenants placed on the Developer and subsequent owners therein. Such
restrictive covenants may include restrictive sales to Qualified Employees, a 3% annual
appreciation cap, and County approval on various items prior to closing. I have reviewed the
above agreements and restrictions and understand those covenants applicable to my Unit. I
hereby agree to the terms and conditions applicable thereto.
//Remainder of Page Intentionally Left Blank//
Executed on the day and year above written.
Buyer(s) and/or Occupier(s)
Print Name(s)
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me this day of 200_, by
Notary Public
My Commission Expires:
APPENDIX "C"
CALCULATION OF RESALE PRICE EXAMPLE
No owner of a unit subject to an appreciation cap as set forth in the Woodland Hills PUD Agreement
shall sell the Property for an amount greater than the Maximum Sales Price for the property, which shall
be calculated as follows:
• Start with the "base price ". This includes the original purchase price paid for the property plus any selling
costs incurred, as evidenced by a title company settlement sheet. Any costs of financing are specifically
excluded.
• Calculate a 3% increase for each full year, adding in any eligible improvements as you go.
• For years that do not consists of 12 full months, prorate the amount to the next highest quarter (for example
if you were selling the home in May, you would prorate to the next highest quarter, basing the % increase
on 6 months instead of 12 (1.5% increase instead of 3 %).
• Add in any eligible improvements
For example: On July lof 2002, you paid $150,000 for your home. You have determined that you paid
an additional $500 in closing costs at the time. Therefore, your base price is $150,500
You are planning to sell your home by December 31, 2005 (3.5 years Iater) and you have determined that
you have made $5,000 worth of eligible improvements.
Here is what a resale price calculation might look like:
date
item
calculation
adjusted value
06/01/02
base price
$150,000 purchase price +
$500 closing fees
$150,500
06/01/03
3% appreciation
($150,500x1.03)
$155,015
06/01/04
3% appreciation
($155,015x1.03)
$159,665
06101/05
3% appreciation
($159,665x1.03)
$164,455
12/31/05
3% appreciation, prorated
to 6 mos
($164,455x1.015)
$166,922
eligible improvements
$5,000
$171,922
12/31/05
Maximum Sales Price
$171,922
** *All calculations of 1Maxinwin Sales Price crust be approved by the Eagle County Housing Department.
APPENDIX "D"
Woodland Hills Condominiums
Initial price guarantees modifier
The pricing of the following local companies shall be used to gauge the prices of Asphalt,
Concrete, and Lumber. These represent standard contractor pricing for these items, and
can be easily verified by anyone.
If any of these items rise more than 10% from these benchmarks over the course of the
Woodland Hills development project, the developer may recapture this increase in costs
by raising the initial and maximum prices of the Units_
Concrete:
B & 13 (Bill Eslinger)
Sidewalk, C & G
Sidewalks and flatwork
Foundation
Asphalt:
B & B (Dan Seibel)
Lumber:
$82 /yard - 4000 lb
$7 /yard Fiber
$76 /yard -- 3000 lb
Edwards Building Center (William)
2'x4"
2' x 6'
2' x 6' treated
2'x8'
2'x 10'
2'x12'
9' /z" LVL Header stock
117/8" LVL Header stock
14" LVL Header stock
16' LVL Header stock
18" LVL Header stock
4'x 8' x 518" CDX Plywood
4' x 8' x 3!" CDX Plywood
4'x 8' x' /z" CDX Plywood
4' x 8' x 5/8" OSB
10115101 926 -3311
926 -3311 $35 /ton retail, materials only
926 -3381 10115101
$305/MBF (1000 board feet)
$385/AMF
$835/MBF
$410/MBF
$420/MBF
$480/MBF
$242 /CLF (100 linear feet)
$298 /CLF
$361 /CLF
$489 /CLF
$546 /CLF
$420/MSF (1000 square feet)
$525/MSF
$355/MSF
$270/MSF