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HomeMy Public PortalAboutRes 19-2023 Minturn North Prelem PUD and Plat Land Use TOWN OF MINTURN, COLORADO RESOLUTION NO. 19 – SERIES 2023 A RESOLUTION APPROVING THE MINTURN NORTH PRELIMINARY DEVELOPMENT PLAN FOR PLANNED UNIT DEVELOPMENT (PUD) AND PRELIMINARY PLAT LAND USE APPLICATIONS WHEREAS, on or about December 16, 2022, Minturn Crossing, LLC. (hereinafter, the “Applicant”) submitted an Updated Preliminary Development Plan for Planned Unit Development application (hereinafter, the “Updated Preliminary Plan”) for the Minturn North PUD, a corresponding Updated Preliminary Plat for Subdivision application (hereinafter, the “Plat”), and an accompanying application for an Amendment to the Official Character Area and Zone District Map (hereinafter, the “Updated Zone District Amendment”) for review and approval by the Town pursuant to Article 15, Planned Unit Development Overlay Zone District, Article 21, Division 3, Amendments, Chapter 16, Zoning, and Article 17, Subdivisions of the Minturn Municipal Code (hereinafter, the “Code”); and WHEREAS, the Town of Minturn Planning Commission (hereinafter, the “Commission”) recommended approval of Minturn North Concept Development Plan for Planned Unit Development application (the “Concept Plan”) on January 8, 2020 and authorized the Applicant to prepare the Preliminary Plan application in general accordance with the Concept Plan; and WHEREAS, the Applicant submitted a Preliminary Development Plan for PUD application (hereinafter the “Original Preliminary Plan”), along with Preliminary Plat for Subdivision application (hereinafter the “Original Preliminary Plat”), and Zone District Amendment application (hereinafter the Original Zone District Amendment”) on March 19, 2020; and WHEREAS, the Commission held public hearings at their regular meetings of April 14, 2021, June 23, 2021, July 28, 2021, and August 25, 2021 (hereinafter the “2021 Commission Hearings) to review the Original Preliminary Plan, Original Preliminary Plat, and Original Zone District Amendment applications; and WHEREAS, the Commission, based on application materials, facts, testimony and staff report(s) provided during the 2021 Hearings, forwarded a recommendation for denial of the Original Preliminary Plan, as well as recommendations for approval of the Original Preliminary Plat and Original Zone District Amendment to the Town Council (hereinafter the “Council”); and WHEREAS, the Applicant revised the Original Preliminary Plan, the Original Preliminary Plat and the Original Zone District Amendment based on Commission testimony as well as testimony from the general public and presented revised plans to the Council at the April 6, 2022 regular meeting, and during a noticed public hearing and special meeting held May 5, 2022; and WHEREAS, at their special meeting of May 5, 2022, the Council considered the revisions to the Original Preliminary Plan, the Original Preliminary Plat and the Original Zone District Amendment, and voted unanimously to remand the Original Preliminary Plan, the Original Preliminary Plat and the Original Zone District Amendment back to the Commission for further consideration and review and with specific, critical feedback and direction to re-evaluate and address issues and outstanding details including but not limited to overall project density, project phasing, project layout and civil engineering, open space requirements, proposed cost sharing ratios for public improvements, as well as potential off-site impacts from the project; and WHEREAS, the Applicant has presented the Updated Preliminary Plan, Updated Preliminary Plat, and Updated Zone District Amendment applications in direct response to the Council’s direction and action to remand on May 5, 2022; and WHEREAS, the Updated Preliminary Plan allows for the development of thirty-nine (39) single-family dwelling units to be constructed on thirty-nine (39) lots of varying sizes serviced by Minturn Road, Taylor Avenue, new 4th Street road improvement, and private access road(s), sidewalks, regional trail connections and utilities, as well as the development of open space, drainage improvements and drainage ways, landscaping, project identification signage, Game Creek trailhead parking improvements; and WHEREAS, the Applicant intends to construct all required on - and off-site public infrastructure and improvements, all vertical construction of all 39 residential lots, and to complete subdivision of the PUD in one (1) phase and over a limited, reasonable time frame; and, WHEREAS, the Applicant possesses credits for up to six (6) pre-existing water taps or Single-Family Equivalents (“SFEs”) for the Property; and WHEREAS, in accordance with the Town of Minturn Continued Water Moratorium as promulgated in Ordinance No. 2, Series 2023, (the “Moratorium”), the Applicant acknowledges that up to seventy (70) SFEs of available water service are reserved for the Minturn North Project and that in the event that a final plat and/or a Final PUD Plan is not approved for the Minturn North Project on or before September 30, 2023, the reservation of SFEs for the Minturn North Project shall automatically terminate and Council may amend this Ordinance to reallocate available SFEs for other water service; and WHEREAS, at their regular meeting of June 28, 2023, the Commission held a public hearing to consider the remanded and Updated Preliminary Plan, Updated Preliminary Plat, and Updated Zone District Amendment applications, requested variations, associated reports, referral agency commentary and recommendations, staff recommendations and findings, public testimony, and suggested conditions of approval; and WHEREAS, at their regular meeting of June 28, 2023, the Commission acted to recommend approval with conditions of the Updated Preliminary Plan and Updated Preliminary Plat applications, and to recommend approval without conditions of the Zone District Amendment application to the Council because the Updated Preliminary Plan, Updated Preliminary Plat, and Updated Zone District Amendment applications were found to be in conformance with applicable standards, including conformance with the 2009 Minturn Community Plan (hereinafter the “Community Plan”), as conditioned; and WHEREAS, at their regular meetings of July 5, 2023, and July 19, 2023, the Council held a public hearing to consider the Updated Preliminary Plan, the Updated Preliminary Plat, and the Updated Zone District Amendment, as well as applicable standards and findings of the Code, requested variations, associated reports, referral agency commentary and recommendations, staff recommendations and findings, Planning Commission recommendations and findings, testimony, and suggested conditions of approval pursuant to Section(s) 16-15-170 and 17-50-60; and WHEREAS, at their regular meeting of July 19, 2023, the Council approved the Updated Preliminary Plan and Updated Preliminary Plat, with conditions, because the Updated Preliminary Plan and Updated Preliminary Plat were found to be in conformance with applicable standards, including conformance with the Community Plan; and WHEREAS, the Council’s actions with respect to the Updated Zone District Amendment are memorialized in Ordinance 09, Series 2023; and WHEREAS, public notice was properly given pursuant to the Code, Section 16-21-610, Public Notice, for public hearings held by the Commission; and WHEREAS, public notice was properly given pursuant to the Code, Section 16-21-610, Public Notice, for a public hearing held by the Council; and WHEREAS, the Council is commissioned with certain powers and duties contained in the Minturn Municipal Code Section 16-21-30; and WHEREAS, pursuant to the Minturn Municipal Code Section 16-1-20, Purpose of Provisions, the most appropriate use of the subject property is allowed via the approval, with conditions, of the Updated Preliminary Plan and Updated Preliminary Plat; and, WHEREAS, pursuant to Minturn Municipal Code Section 16-15-160(1), Preliminary plan evaluation criteria, the Council finds that: (1) The resulting development will be consistent with the Community Plan and the proposed PUD reflects the character of the Town; (2) The area around the development can be planned to be in substantial harmony with the proposed PUD; (3) The adjacent and nearby neighborhoods will not be detrimentally affected by the proposed PUD; (4) The mass and scale of individual buildings and the overall density of the PUD will be consistent in scale and character and will avoid abrupt and/or severe differences with the surrounding area; (5) The PUD can be completed within a reasonable period of time, which shall be determined prior to final approval of the PUD; (6) The PUD provides for the appropriate treatment of the Eagle River corridor as a community recreational amenity and focal point; (7) The residents of the PUD will have easy access to recreational amenities. (8) Any increase in density proposed above what is permitted in the underlying zone will be mitigated by increasing the land dedications to open space, recreational amenities or other public facilities and services; (9) Commercial or industrial development is not proposed; (10) The streets are adequate to support the anticipated traffic, and the development will not overload the streets outside the planned area; (11) Proposed utility and drainage facilities are adequate for the population densities and type of development proposed; (12) Residential density and intensity of other uses will be limited as required by the Town Council, upon consideration of the Community Plan, the Official Zone District Map and the specific characteristics of the subject land; (13) A favorable finding is made on the environmental assessment or environmental impact report; (14) The preliminary plan for PUD, as conditioned and with approved variances, complies with the open space and recreation standards of the Town; (15) The Preliminary Plat, as conditioned, complies with the requirements and standards of Section 17-5-80, Preliminary plat review, of the Code. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MINTURN, COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Updated Preliminary Plan application be approved subject to the following conditions: (1) The Applicant shall work with the Town Engineer prior to or concurrent with any Final Plan/Plat application to address referral comments related to further evaluation of hazards that may impact final design of all civil engineering and/or subdivision design(s). (2) The Applicant shall work with the Town Engineer prior to or concurrent with any Final Plan/Plat application to adequately address all remaining technical plat and/or civil engineering details and suggested revisions outlined in letters from Intermountain Engineering dated May 22, 2023, and June 20, 2023. (3) The Applicant shall work with the Town to finalize any/all outstanding issues related to the draft Subdivision Improvements Agreement and associated 100% construction level plans prior to or concurrent with Final Plan/Plat application submittal. (4) The Applicant shall continue dialogue with the Town Engineer about potential improvements to Taylor Avenue in line with potential capital improvements as determined and approved by the Minturn Town Council as part of the Town of Minturn Capital Improvements Plan, as amended from time to time. (5) The Minturn North PUD shall use no more than 54 SFEs. Any unused SFEs shall be relinquished to the Town. (6) All Town of Minturn Waterwise Landscaping guidelines and requirements, as amended from time to time, shall be followed for individual lot landscaped design, irrigation and maintenance and all common area revegetation shall be limited to native, drought tolerant seed mixes. (7) All residential lots are to be limited to a maximum of 2,000 square feet of outdoor irrigation. (8) Any temporary irrigation necessary to reestablish and revegetate all disturbed areas and/or common areas shall be limited on an annual basis to no more than 50,000 square feet. (9) Lot and impervious coverage limits prescribed within the Minturn North PUD Guide shall be reduced as follows: (a) Lots 1-33: Lot Coverage reduced from 60% to 50%; Impervious Coverage reduced from 65% to 60%. (b) Lots 34-39: Lot Coverage reduced from 70% to 50%; Impervious Coverage from 75% to 65%. (10) The Applicant shall work with the Town prior to any Final Plan/Plat application to update plans to add three (3) walkway connections and to provide details for materials and construction. Any plan details for additional trail connections added within the PUD shall be accompanied by engineer estimates of probable costs (to be included in Final Plan Subdivision Improvement Agreement documents) and shall include the following: (a) One (1) at the end of Miles End Lane access driveway serving Lots 6 and 7, connecting to Taylor Avenue. (b) One (1) at the cul-de-sac of Miles End Lane connecting to the ECO Trail along Minturn Road. (c) One (1) at the southern end of Miles End Lane connecting to Taylor Avenue. (11) The Applicant shall eliminate the Minturn North Design Review Board (DRB) from the PUD. (12) Current parking conditions along the West side of Taylor Avenue and within the Taylor Avenue Right-of-Way shall be maintained. (13) The Applicant shall revise and update the Minturn North PUD Guide and/or project covenants and declarations to allow for outdoor play equipment such as trampolines. (14) The Applicant shall work with the Town prior to or concurrent with any Final Plan for PUD submission to refine fencing guidelines and/or restrictions within the Minturn North PUD Guide and/or project covenants prior to or concurrent with any Final Plan for PUD submission. (15) The Applicant shall work with the Town prior to or concurrent with any Final Plan for PUD submission to determine locations where on street parking may be accommodated on or along Minturn Road. (16) The Applicant shall facilitate additional review of any Final Plan/Plat documents with the Eagle River Fire Protection District prior to or concurrent with any Final Plan for PUD submission, to specifically confirm maneuverability, turn-arounds, and fire hydrant location. (17) The Applicant shall revise and update the Minturn North PUD Guide and/or project covenants prior to or concurrent with any Final Plan for PUD submission to limit construction hours to Mon-Sat 7am to 6pm, with indoor work permitted on Sundays. (18) The Applicant shall work with the Town prior to or concurrent with any Final Plan for PUD submission to address Short Term Rentals (STRs) within the PUD. (19) The Applicant shall revise the Final Plat document as well as the Minturn North PUD Guide and/or project covenants to remove the “Dedication Parcel” from the PUD boundaries. (20) The Applicant shall revise the PUD Final Plan documents to include a Wildlife Mitigation Plan pursuant to Appendix “O” of the PUD Preliminary Plan application, to be reviewed and approved by Colorado Parks and Wildlife (CPW) prior to or concurrent with any Final Plan/Plat application submission. THAT, the Updated Preliminary Plat application be approved subject to the following conditions: (1) The Applicant shall work with Town staff to update the Updated Preliminary Plat prior to or concurrent with any Final Plan/Plat application to address any/all outstanding technical and/or legal requirements as noted in previous staff and consultant referral comments. (2)The Applicant revise the Updated Preliminary Plat to add language specific to Tracts B and E, “Open Space,” as well as Tract C, “Dedication Parcel,” to reference and provide for snow storage uses. (3)The Applicant revise the Updated Preliminary Plat to add language and/or easements permitting public access on, over and through Tract D “R-O-W” for Miles End Lane, as well as Tract G “Right of Way,” and associated “Access, Utility and Drainage” easement for Silver Star Trail. INTRODUCED, READ, APPROVED, ADOPTED AND RESOLVED THIS 5th DAY OF JULY, 2023. TOWN OF MINTURN: By:____________________________ Earle Bidez, Mayor ATTEST: ____________________________________ Jay Brunvand, Town Clerk Revised on June 2 , 2023 2 TABLE OF CONTENTS Section 1.0 Contextual Information .................................................................. 4 1.1 Introduction ................................................................................................................ 4 Section 2.0 General Information ....................................................................... 7 2.1 PUD Guide Overview ................................................................................................ 7 2.2 Metropolitan Districts ................................................................................................ 8 2.3 Property Owners Association .................................................................................... 8 2.4 Property Legal Description & PUD Boundary .......................................................... 8 2.5 Governance ................................................................................................................ 9 2.6 Control Over Use ....................................................................................................... 9 2.7 Control Over Location and Scale ............................................................................... 9 2.8 Planning Area Boundaries ......................................................................................... 9 2.9 Density Transfer ........................................................................................................ 9 2.10 Vested Rights .......................................................................................................... 10 2.11 Signage and Illumination ........................................................................................ 10 2.12 Construction Management ...................................................................................... 10 Section 3.0 Definitions ..................................................................................... 10 Section 4.0 Planning Areas, Allowed Uses and Zoning Standards ............. 13 4.1 Planning Area 1 (PA-1) – Single Family Residential .............................................. 14 4.2 Planning Area 2 (PA-2) – Single Family Residential .............................................. 15 4.3 Planning Area 3 (PA-3) – Open Space .................................................................... 16 4.4 Planning Area 4 (PA-4) – Common Area Open Space and Municipal Uses .......... 16 4.5 Planning Area 4 (PA-5) – Common Area Open Space ........................................... 16 Section 5.0 Vehicular & Pedestrian Circulation Standards and Dimensional Limitations ............................................................. 17 Section 6.0 Temporary Uses ........................................................................... 17 Section 7.0 Trash and Recycling .................................................................... 17 Section 8.0 Sustainability and Conservation ................................................ 18 8.1 Water Quality Measures .......................................................................................... 18 8.2 Water Quantity Measures ........................................................................................ 18 8.3 Erosion Control ........................................................................................................ 18 8.4 Sustainability ........................................................................................................... 18 3 Section 9.0 Design Guidelines ........................................................................ 19 Section 10.0 Water Use Compliance .............................................................. 19 10.1 Irrigation Requirements ........................................................................................... 19 10.2 Planting .................................................................................................................... 19 10.3 Irrigation System Maintenance ................................................................................ 20 Section 11.0 PUD Enforcement ....................................................................... 20 Section 12.0 PUD Amendments and Modifications ...................................... 20 Exhibits Exhibit A: Property Legal Description 4 SECTION 1.0: CONTEXTUAL INFORMATION 1.1 Introduction The Minturn North PUD transforms an “infill” dormant property into a thoughtful, diverse and inclusive 39 single-family residential neighborhood. This PUD Guide seeks to acknowledge the rich heritage of the Town of Minturn by providing an appropriately scaled built environment interconnected by open space, play space, and connective circulation patterns. Minturn North resident lifestyle and service needs are provided within walking distance to the Town of Minturn commercial core. The Minturn North PUD ensures future development will provide environmental sustainability, resource protection and energy efficiency as foundational land planning and architectural design elements. With the use of the latest technological advances in energy efficiency and water conservation, the goal is to provide a sustainable community designed for the future - enriched by its past. The architectural character of this special place is grounded in the historical context of simple mining forms with additive forms and the introduction of colorful accents. The design elements are enhanced by modern building methods. Design Guidelines for the planning areas set forth the innovative standards of quality and conformance which allow for a diverse, yet cohesive style to be treasured for generations. Minturn North Site Looking North Future community play space example Game Creek Architectural inspiration images 5 SECTION 2.0: GENERAL INFORMATION 2.1 PUD Guide Overview This Minturn North PUD Guide (“PUD Guide”) is for certain real property located in the Town of Minturn, Eagle County, Colorado identified on Exhibit A. It is intended to establish the building forms, land uses, density and dimensional limitations that shall be permitted within the property which must be adhered to by future property owners, the Developer, Owner and its successors and assigns. This PUD Guide also specifies improvements which must be made and conditions which must be fulfilled in conjunction with the development of the property. The PUD is to be developed as a 39 single-family residential neighborhood limited to the following: 33 Market Rate Units with a deed restriction requiring all non-permanent resident Buyers pay a 1% transfer assessment to the Town of Minturn at closing of a lot or residence within the PUD boundary. This transfer assessment is in addition to any other mandatory transfer fees or assessments payable to the Town of Minturn pursuant to applicable Town Ordinances. Non- Permanent Resident Buyers are defined below in section 3. A deed restrictive covenant must be executed by all buyers and residents within the Minturn North PUD. 6 Deed-restricted, market rate, “eligible household” resident-occupied (aka “locals housing”) single-family units. Eligible Households are defined below in section 3. A deed restrictive covenant must be executed by all buyers and residents within the Minturn North PUD. Total Deed Restricted Residential Units = 39 (100% of PUD). The overall proposed density of the PUD is 2.45 dwelling units per acre, including the locals housing units. Lots 1-33 shall have a maximum allowable square footage of 6,000 square feet as calculated by the Town of Minturn Code. Lots 34-39 shall have a maximum allowable square footage of 3,000 square feet as calculated by the Town of Minturn Code. There is no minimum residential floor area or dwelling unit required by this PUD Guide. Open space and common recreation space within the PUD is extensive with an approximate area of 4.23 acres (31.3% of the PUD) including PA-3and PA-5. 2.2 Metropolitan Districts The PUD does not include an overlapping Metropolitan District. 2.3 Property Owners Associations Property Owners Association(s) (“POA’s”) or other similar governing organizations and governing documents including Declaration of Covenants, Conditions and Restrictions (“CCR’s”) may impose additional restrictions and limitations on individual and/or collective land use areas within the Minturn North PUD. 6 2.4 Property Legal Description & PUD Boundary The property is comprised of one (1) parcel of land. Refer to Exhibit A for the legal description of the property. Refer to the graphic below depicting the PUD Boundary. 2.5 Governance This PUD Guide shall be referred to as the Minturn North PUD (“PUD Guide”). The PUD Guide is intended to replace and supersede the Minturn Town Code as amended from time to time. Where the PUD Guide is silent as to regulation, the provisions of the Minturn Town Code shall apply. If there is any conflict between the provisions of this PUD Guide and the provisions of the Minturn Town Code or any other ordinances, resolutions or regulations of the Town of Minturn, the provisions of this PUD Guide shall prevail and govern the development of the PUD. This PUD Guide was approved by the Town of Minturn Town Council (“TOMTC”) on __________. 2.6 Control Over Use Following the removal of the existing trailers located on the property, and after the effective date of approval of this PUD Guide, any existing building or other structure may be enlarged, reconstructed, removed, structurally altered, converted or relocated for any purpose permitted or required by the provisions of this PUD Guide applicable to the planning area in which such building, other structure or 7 parcel of land is located, and for no other purposes. Such use, change, extension, enlargement, reconstruction, removal, structural alteration, conversion or relocation shall be subject to all other standards and requirements set forth or referred to in the standards and requirements for that area and to any other applicable standards and requirements of Town of Minturn Municipal Code, this PUD Guide, Property Owners Association, CCR’s, governing documents and the Minturn North Design Guidelines. 2.7 Control Over Location and Scale After the effective date of approval of this PUD Guide, the location and scale of all future buildings and other structures shall be in conformity with all standards and requirements set forth or referred to in the standards and requirements of this PUD Guide, Minturn North Design Guidelines, Town of Minturn Municipal Code and the Town of Minturn Design Guidelines for the area in which such buildings and other structures are located. 2.8 Planning Area Boundaries Planning Area boundaries have been depicted to assist in identifying zoning uses, limitations and standards within the PUD Guide planning areas. The planning areas are subject to change and refinement prior to the execution of a final plat. Planning areas may change in size up to ten percent (10%) with the approval of the Town of Minturn Town Manager and Planning Commission without an amendment to this PUD Guide. 2.9 Density Transfer The transfer of density within the PUD is not allowed. 2.10 Vested Rights The Minturn PUD shall be granted vested rights for a period of ten (10) years following the Town of Minturn Town Council approval of the PUD Preliminary Development Plan. 2.11 Signage and Illumination Address signage for individual homes shall be attached to the structure of the residence including associated structured retaining walls. Address signage shall be easily visible from the street and shall be lit with dark sky compliant lighting approved by the Minturn North and Town of Minturn Design Review Boards. Address signage enumeration shall not exceed 8” in height. Signage identifying the neighborhood is allowed within the privately owned interior roadway R.O.W. subject to approval by the Minturn North and Town of Minturn Design Review Boards. The neighborhood signage may be lit with dark sky compliant downlighting. All exterior lighting for individual residences shall be dark sky compliant. An exception to the Minturn PUD Illumination Standards shall be allowed for temporary holiday lighting. Such lighting shall be installed and illuminated on private property between December 1 and March 1 with approval from the Minturn North Design Review Board. 8 All signage and illumination associated with public roadways and intersections shall comply with Town of Minturn Code and must be approved by the Town of Minturn. 2.12 Construction Management Exterior construction within the PUD Boundary may occur between the hours of 7:00 am MST and 7:00 pm MST. Interior construction within the PUD boundary may occur between the hours of 7:00 am MST and 9:00 pm MST. Erosion control will be administered pursuant to the Town of Minturn approved plans and applicable building permits. A construction management plan shall be approved by the Town of Minturn and the Minturn North Design Review Board which identifies limits of construction, dust, mud and debris mitigation techniques to be utilized, contractor parking, temporary toilet facilities and trash receptacle locations. All trash must be contained within an approved bear proof container. Trash and debris must be cleaned from the site daily and placed in a trash receptacle to assure cleanliness. Trash receptacles shall be replaced when full within 24 hours. Construction Fencing shall not be required. SECTION 3: DEFINITIONS Words or terms not defined herein shall be construed to have the meaning given by common and ordinary use as defined by the Merriam-Webster Dictionary New Edition 2016 or as defined in the Minturn Town Code unless otherwise provided herein. Building Lot Coverage: The portion of a lot that is covered by buildings, including all interior space including garages, and all enclosed cantilevered portions of a building, covered porches, covered walkways and similar covered areas. Buildings are measured at the outside exterior wall. Additionally, fifty percent (50%) of the total area of second- and third-level decks shall be counted towards the allowable building lot coverage. Second- and third-level decks that cover a portion of a building that has already been counted towards the allowable lot coverage shall not count towards the total lot coverage. Second- and third-level decks that are structurally supported from the ground level shall have their entire area counted towards the allowable lot coverage. Building Height: The maximum vertical (plumb) distance measured at any point along the perimeter of the structure from the finished or natural grade (whichever is more restrictive) and a point on the roof depending on the roof type. No portion of any structure shall exceed the applicable building height limitation contained in the Town of Minturn Municipal Code (See Illustration No. 16-2 of the Town Code.). Building Setbacks: The distance required between the face of a building and the lot line opposite that building face, measured perpendicularly to the building. Additional setbacks may further restrict building setbacks including wetland and Game Creek stream setbacks. Refer to each planning area development standards for prescribed building setbacks. Improvements which are allowed within building setbacks include the following: parking, sidewalks, trails, fences, driveways, roadways, site stairs and walkways, on-grade patios and plazas, HVAC equipment, roof overhangs no greater than 2’-0”, cantilevered finished livable area no greater than 1’-6”, drainage facilities, snow storage, landscaping, retaining walls and 9 shoring walls. Substantially below grade improvements including but not limited to parking, stormwater treatment, window wells, concrete sub-structure associated with the residence and shoring nails, mechanical and utility lines and similar uses and improvements, except as may be prohibited within wetland setbacks described herein. Commercial Use(s): An activity involving the sale of goods or services carried out for profit. Commercial uses are prohibited within the Minturn North PUD. Declarant: Declarant of the Minturn North PUD is Minturn Crossing, LLC, and/or assign. Declarant reserves all rights, authority and privileges granted by the PUD, including ownership of remaining or excess SFE’s, if any, that have been purchased by Declarant from the Town of Minturn. Density: Residential dwelling units per acre of total land area. Dwelling Unit or Unit: Any room or group of rooms with not more than one (1) indoor kitchen facility designed for or used as a dwelling for one (1) family as an independent housekeeping unit. Dwelling unit shall include mobile and manufactured homes, but shall not include hotels, motels, clubs, boarding houses, dormitories or other institutions such as hospitals or jails. Dwelling Unit square footage shall be calculated per Town Code. Eligible Household “Locals Housing”: Town of Minturn existing residents meeting the criteria of an Eligible Household shall be offered the first opportunity to purchase homes and lots within PA-2 at time of initial sale. Following the initial sale, homes may be offered to all Eligible Households as defined below. An Eligible Household is a household where at least one member of the household meets at least one of the following criteria: A. Has earned a living primarily in Eagle County by having worked an average of at least thirty (30) hours per week on an annual basis at a business with an office or job site physically located in Eagle County (multiple jobs in Eagle County may be combined to reach 30 hours per week); or B. Has been hired for a job in Eagle County on a permanent basis to work at least thirty (30) hours per week; or C. Is an employee that makes their home in Eagle County but works for employers that are located outside of Eagle County (i.e. telecommuters) as long as all other eligibility requirements are met and the Household can prove Eagle County residency for at least 1 year before application submission; or D. Is over the age of sixty (60) and had earned a living primarily in Eagle County prior to his or her retirement; or E. Is a disabled person who had been a full-time employee in Eagle County for a minimum of two years immediately prior to his or her disability or has been granted an exception to 10 the minimum of 30 hours per week in order to continue with a federal or state benefit program, if the person works the maximum number of hours per week the disabled person will have met the intent of the programs criteria; or F. The household cumulatively earns at least 75% of the Household’s Gross Household Income in Eagle County. Fences: Fences of any kind are specifically prohibited except along the boundary of PA-3. Fencing, if any, shall conform to the CPW Wildlife Friendly fencing guidelines. Fencing of lots and/or the property boundary is prohibited. Impervious Surface Area: Any material that prevents absorption of water into the ground. The area of the lot covered by the following shall be considered as impervious surface in all character areas: a. The principal building, excluding roof overhangs. b. All accessory buildings, parking garages, carports and sheds. c. Porches, stairways, decks, elevated walkways, sheds and other structures, together with paved areas or areas otherwise covered with materials impervious to water. d. Parking areas, sidewalks and driveways regardless of surface materials. Metropolitan or Metro District or District: A special district or districts used to fund, maintain, operate, or regulate improvements and activities within or adjacent to the PUD. No Metropolitan or Metro District shall be allowed within the Minturn North PUD. Non-Permanent Resident Buyer: The Buyer of a residence within the Minturn North PUD Boundary who is not a permanent resident of Eagle County and does not meet the definition of “Eligible Household”. Owner or Applicant: The Owner is the owner of the property contained within the PUD at the time of application or a subsequent owner of the land. Applicant may not be an Owner of the property, however, in this event, applicant shall receive authorization from the Owner in writing. Planning Area(s): Planning Areas 1-5 as indicated on the Planning Area Map and as defined herein. Property Owners’ Association, Homeowners’ Association, or Master Association: The property owners’ association, homeowners’ association, or master association is the entity that will manage and direct the operation and maintenance within the PUD and their common elements once turned over to such association by the Owner. Owners of Lots 1-33 shall each pay an equal amount of 96% of the Property Owners annual assessments and Lots 34-39 shall each pay an equal amount of 4% of the Property Owners annual assessment. Owners of Lots 1-33 shall each have one vote and Owners of Lots 34-39 shall each have 1/6th of one vote on issues related to Association governance. The CCR’s governing the Association shall stipulate the specific authority given to the Association. Real Estate Transfer Fee: All properties within the Minturn North PUD are subject to the current Town of Minturn Transfer Fee. A one percent (1%) transfer assessment shall be charged on the gross 11 sales price paid by any Non-Permanent Resident Buyer of a lot or residential dwelling unit within the PUD with the following exceptions: (1) common area or open space transfers (2) any purchase by any county, municipality, school district, housing authority or other governmental entity for workforce housing or public uses. Rental: The rental or lease of any property for short-term or long-term use. The Town of Minturn Town Ordinances and Codes shall govern rental restrictions of all units within the Minturn North PUD. The PUD includes 6 deed-restricted housing units for the use of “eligible households” only as defined above. Resident Occupied: Certain properties within the PUD have been designated as Deed-Restricted Resident-Occupied. All Deed-Restricted Resident-Occupied units shall be sold at market rate. Resident Occupied units may not be rented to other occupants unless they meet the definition above of “eligible household”. Wetlands Setbacks: Wetland Setbacks means an area within the PUD where the development of structures is permitted within the prescribed site constraints including wetland areas and Game Creek stream setbacks for buildings. No structure, building or disturbance shall occur within the minimum 30’ Game Creek stream setback. Appropriate precautionary measures shall be taken to assure the protection of all native vegetation within all wetland areas described above. Precautionary measures must be approved by the Town of Minturn. S ECTION 4 .0: PLANNING AREAS, ALLOWED USES AND ZONING STANDARDS Planning Areas 1-5 are represented on the Planning Area Map below. The following use allowances and zoning standards apply to each Planning Area. LAND USE SUMMARY Planning Area Allowed Uses Density Acreage Density/Acre PA-1 Residential 33 D.U. 7.29 4.53 PA-2 Residential 6 D.U. 0.68 8.82 PA-3 Open Space N/A 1.45 N/A PA-4 Town Dedication Parcel N/A 0.9 N/A PA-5 Open Space N/A 2.78 N/A 4th Street R.O.W. N/A 0.385 N/A TOTAL 39 D.U. 13.485 2.45 12 4.1 Planning Area 1 (PA-1) – Single-Family Residential The primary intent of this Planning Area is to create a market rate single-family residential use zone surrounded by common area and open space. 4. Permitted Uses: Residential density is limited to 33 density units. Permitted uses include: dark sky compliant lighting, utilities, single-family residential, associated accessory uses, parking and uses determined to be similar by the Town of Minturn Town Manager. Fencing of any kind is prohibited. B. Development Standards: 1. Minimum Setbacks: a. Front: 20’ from R.O.W. b. Rear: 10’ (Note: Any lot line abutting Taylor Street or Minturn Road shall require a minimum 20’ setback from the road R.O.W.) c. Side: 5’ (Note: Any lot line abutting the Fourth Street R.O.W. shall require a minimum 15’ setback from the road R.O.W.) 2. Maximum Building Height: 28’ 3. Parking: Minimum 4 spaces per dwelling unit including enclosed garage parking spaces 4. Impervious Surface Area: Max. 65% 5. Building Lot Coverage: Max. 60% Note: Refer to Section 3 for definition of building height, building setbacks, impervious surface area and building lot coverage. A side setback shall be considered as the space between a shared lot line. Any lot 13 line abutting an internal roadway R.O.W. shall be considered a front setback with the exception of Fourth Street which shall be considered a side setback. 4.2 Planning Area 2 (PA-2) – Single-Family Residential The primary intent of this Planning Area is to create a market rate resident occupied single-family residential use zone. 4. Permitted Uses: Residential density is limited to 6 density units. Permitted uses include: dark sky compliant lighting, utilities, single-family residential, associated accessory uses, parking and uses determined to be similar by the Town of Minturn Town Manager. Fencing of any kind is prohibited. B. Development Standards: 1. Setbacks: a. Front: 20’ from R.O.W. b. Rear: 10’ (Note: Any lot line abutting Taylor Street or Minturn Road shall require a minimum 20’ setback from the road R.O.W.) c. Side: 5’ 2. Maximum Building Height: 28’ 3. Parking: Minimum 2 spaces per dwelling unit 4. Impervious Surface Area: Max. 75% 5. Building Lot Coverage: Max. 70% Note: Refer to Section 3 for definition of building height, building setbacks, impervious surface area and building lot coverage. A side setback shall be considered as the space between a shared lot line. 4.3 Planning Area 3 (PA-3) – Open Space The primary intent of this Planning Area is to create a protected environmentally sensitive buffer zone. Access, construction and disturbance within PA-3 is prohibited, except for purposes of drainage and maintenance, subject to approval by Town of Minturn. A. Permitted Uses: Greenspace, native vegetation maintenance, stormwater and drainage, snow storage, and uses determined to be similar by the Town of Minturn Town Manager. B. Development Standards: 1. Setbacks: Setback shall be platted and no less than 30’ from stream centerline. a. N/A b. N/A c. N/A 2. Maximum Building Height: N/A 3. Parking: N/A 14 4. Impervious Surface Area: N/A 5. Building Lot Coverage: N/A 4.4 Planning Area 4 (PA-4) – Town Dedication Parcel The primary intent of this Planning Area is to provide parking, snow storage, children’s park, and residential uses. Town of Minturn Town Council to provide applicant with direction on final allowed uses. A. Permitted Uses: Dark sky compliant lighting and signage, park and play structures, greenspace, trails, paths, utilities, active and passive recreation, snow storage, stormwater and drainage facilities, seating, dog park, refuse containers, single-family, duplex, townhome and multi-family residential parking and uses determined to be similar by the Town of Minturn Town Council. B. Development Standards: 1. Setbacks: a. Front: 20’ from R.O.W. b. Rear: 10’ from R.O.W. c. Side: 20’ 2. Maximum Building Height: 28’ 3. Parking: As approved by Town Council. 4. Impervious Surface Area: Max. 50% 5. Building Lot Coverage: Max. 40% 4.5 Planning Area 5 (PA-5) – Common Area Open Space The primary intent of this Planning Area is to provide open space, parking, drainage snow storage, utilities, and landscaping. A. Permitted Uses: Dark sky compliant lighting and signage, parking, greenspace, trails, paths, parking, passive recreation, snow storage, stormwater and drainage facilities, and uses determined to be similar by the Town of Minturn Town Manager. B. Development Standards: 6. Setbacks: a. Front: N/A b. Rear: N/A c. Side: N/A 7. Maximum Building Height: N/A 8. Parking: Maximum 20 spaces on Taylor Street 9. Impervious Surface Area: N/A 10. Building Lot Coverage: N/A 15 SECTION 5 .0: VEHICULAR AND PEDESTRIAN CIRCULATION STANDARDS AND DIMENSIONAL LIMITATIONS Vehicular and Pedestrian Circulation uniquely defines the built environment. This PUD intentionally seeks a an environmentally sensitive “light footprint”. Vehicular circulation shall provide safe and efficient access throughout the community. Pedestrian circulation is intended to promote connectivity to outlying open spaces and amenities and the Town core commercial area. Miles End Lane shall provide a minimum 50’ R.O.W. and 24’ wide asphalt paved roadway with attached curb and gutter. Fourth Street R.O.W. shall be a minimum 50’ and 24’ wide asphalt paved roadway with attached curb, gutter and a 5’ concrete sidewalk on North side of roadway. The sidewalk shall be designed with ADA accessible ramps. The PUD includes a 10’ wide paved ECO Trail on the East side of Minturn Road. An asphalt paved cul- de-sac vehicle turnaround space spaces shall be located at the northern and southern end of Miles End Lane. The cul-de-sac shall be designed sufficient to meet the requirements of emergency service providers. Miles End Lane and Silver Star Trail shall be owned and maintained by the Minturn North Property Owners Association. SECTION 6 .0: TEMPORARY USES During construction, all Planning Areas may be used for temporary uses including, but not limited to, construction offices, unpaved parking, construction material and equipment storage, waste collection, restrooms, and sales offices. All such uses may be approved during the building permit review process as determined by the Town of Minturn Town Manager. SECTION 7 .0: TRASH AND RECYCLING All trash shall be stored within wildlife proof containers. SECTION 8.0: SUSTAINABILITY AND CONSERVATION 8.1 Water Quality Measures The Minturn North PUD shall accommodate proper stormwater and snowmelt drainage pursuant to the approved civil engineering design and accompanying reports. Stormwater detention will only be utilized if it is found to be necessary to manage the rate of runoff through existing downstream culverts. Low Impact Design has been incorporated into civil engineering and landscape plans by the incorporation of the “Water Wise Landscaping Regulations and Standards” in Chapter 16 of the Town of Minturn Municipal Code, with the exception of Sections 16-17-175 (a), (b) and (c). 8.2 Water Quantity Measures Indoor water fixtures and outdoor irrigation fixtures shall use the latest technologies and be water use efficient fixtures. Residential fixtures, including but not limited to, toilets, urinals, shower heads, faucets, 16 irrigation controllers shall be certified by the EPA’s Water Sense program, or have an equivalent rating. Other irrigation devices, such as spray sprinkler bodies shall be rated for efficiency and low flow. All water using residential appliances, such as dishwashers, ice machines, and washing machines, shall be certified by the Energy Star program. This will reduce water needs for the project. Verification of the installation of required water efficiency fixtures and appliances will be inspected prior to occupancy. 8.3 Erosion Control The PUD will comply with the Erosion Control Standards found in the Town Code or alternative best management practices as approved by the Town of Minturn. 8.4 Sustainability The PUD has been developed with environmental sustainability and energy efficiency at the forefront of the design. The PUD incorporates the latest in electric technological advances into the land planning and architectural designs. The following sustainability measures will be used within this PUD. 1. The project is an infill development which includes trails, access to public lands, public amenities and open space. 2. The project does not interfere with wildlife corridors and preserves ecologically sensitive lands. 3. The project avoids ridgeline development. 4. The project reduces the amount of surface parking area requirements. 5. The neighborhood has been designed as an inclusive and socially diverse live-work play space. 6. The project includes clustered development and a diverse mix of housing types including deed restrictions on 100% of the residential density. 7. The Minturn North PUD is a walkable community. 8. Small scale solar panels are encouraged on all homes. 9. Each single-family home shall include a minimum of one (1) electric vehicle charging outlet. 10. All homes will be equipped with efficient water fixtures (Water Sense certified or equivalent) and appliances (EnergyStar certified or equivalent). 11. Sidewalks on Fourth Street and incorporation of the ECO Trail will be provided within the PUD such that everyone living within the PUD or coming to the PUD will be afforded reasonable pedestrian and bicycle access. 12. Exterior light fixtures within the PUD will be Dark Sky Compliant in an effort to minimize light pollution. Non dark sky compliant security lighting may be incorporated on an as needed for safety basis as approved by the Town of Minturn Design Review Board. 13. Low Impact Design has been incorporated into civil engineering and landscape plans by the incorporation of the “Water Wise Landscaping Regulations and Standards” as noted in Section 8.1 above. SECTION 9 .0: DESIGN GUIDELINES Design Guidelines have been provided to govern all properties within the Minturn North PUD. The Design Guidelines will supplement and complement this PUD Guide. Where any conflict may occur, the most restrictive provision shall govern. Provisions of the PUD Guide shall be administered by the Town 17 of Minturn. Provisions of the Design Guidelines shall be administered and enforced by the applicable Minturn North Property Owners Association. Design Guidelines are subject to continued change and refinement by the Minturn North Property Owners Association Board of Directors. All home construction and renovations are subject to the Minturn North Design Review Board and the Town of Minturn Review Board. Approvals of all construction and renovations must be obtained from the Minturn North Design Review prior to submittal to the Town of Minturn Design Review Board. SECTION 1 0 .0: WATER USE COMPLIANCE The Town of Minturn reserves the right to conduct water use audits as deemed necessary. Audits will be conducted if there is any indication that the criteria have not been followed. Any PUD Amendment or change in Design Guidelines which may affect the water usage of the PUD shall be approved by the Town of Minturn Town Council. Irrigated area on Lots 1-33 shall not exceed 4,000sf. Irrigated area on Lots 34-39 shall not exceed 2,000sf. Common area permanent irrigation shall not exceed 2,000 s.f. All other common area irrigation located in PA-3 and PA-5 shall be temporary and removed by applicant after two growing seasons. Sections 10.1-10.3 below shall be governed by the Town of Minturn “Water Wise Landscaping Regulations and Standards” in Chapter 16 of the Town of Minturn Municipal Code, with the exception of Sections 16-17-175 (a), (b) and (c). 10.1 Irrigation Requirements To ensure the efficient use of water, the irrigation system shall be designed, installed, operated, and maintained in accordance with best management practices. Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. 10.2 Planting Relevant soils information such as soil type and infiltration rate shall be utilized when designing irrigation systems. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. Temporary above ground irrigation to reestablish native vegetation of disturbed areas shall be on separate zones from permanent irrigation system. Temporary irrigation shall be physically removed after two growing seasons unless approved by the Town of Minturn. Native vegetation shall be protected to the greatest extent practicable. Removal of trees, shrubs and irrigated areas and/or revisions to existing landscaping are subject to Minturn North Design Review approval. 10.3 Irrigation System Maintenance As the landscape matures, adjustments to the system shall be in harmony with the original intent of the irrigation design. Scheduling of irrigation events shall match the needs of the plants to maintain health, appearance and meet the function of the landscape and adhere to the outdoor watering use regulations of 18 the Town of Minturn. Irrigation systems shall be maintained to ensure proper operation and function for water use efficiency. SECTION 1 1 .0: PUD ENFORCEMENT All provisions and requirements of this PUD Guide shall be enforced by the Town of Minturn to ensure the PUD is operated and maintained in accordance with the governing documents, guidelines, plans and requirements contained herein. The Town of Minturn reserves the right to enforce issues related to water use in accordance with the PUD approval. SECTION 1 2 .0: PUD AMENDMENTS AND MODIFICATIONS It is anticipated that modifications to this PUD Guide may be necessary from time to time as the development of the PUD progresses. An amendment may be filed only with the approval of the Declarant. The amendment procedures found in the Town of Minturn Code shall govern amendments to this PUD. Subject to the provisions set forth below, Minor Modifications may be authorized by Declarant and approved at the discretion of the Town of Minturn Town Manager, Town Planning Commission or Town Council without requiring an amendment to the PUD, provided that the changes are similar in nature and, do not impact the listed permitted uses, are consistent with the intent of boundaries of a given parcel, do not adversely affect environmentally sensitive areas, or affect Game Creek stream setback requirements. Minor Modifications shall include, without limitation, the following: 1. Internal road and sidewalk alignment alterations subject to approval by the Town Engineer; 2. Trails alignment alterations; 3. Technical and engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, subject to approval by the Town Engineer; 4. Modifications to development standards, not including building height or perimeter setbacks or parking requirements approved as part of the PUD, which do not have a significant material impact upon the overall intent of the PUD and which allow the improvements to be developed in a safe and efficient manner; 5. Adjustments to Planning Area boundaries up to 10% where the modification does not change the overall intent of the PUD nor result in the increase in the overall density approved within the PUD; 6. Additions of land uses not previously itemized in the PUD Guide but are found to be similar, consistent, or having similar impacts to or with other uses listed in the PUD Guide; 8. Temporary uses and lay down, if determined by the Town of Minturn Town Manager to be necessary to ensure appropriate review of the proposed uses; and 9. Any other minor change that has no effect on the overall intent of the PUD. 19 Appeals of any decision hereunder by the Town of Minturn Town Manager shall be heard by the Town of Minturn Town Council pursuant to applicable administrative processes governed by the Minturn Town Code. Major PUD Amendments not identified above as Minor Amendments shall require Town Council approval and are subject to the provisions of the Minturn Town Code.