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HomeMy WebLinkAboutR01-001 approivng amendment to Two Rivers PUD7��t.IC Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMNUSSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. MN - On 1 5.. A RESOLUTION APPROVING AN AMENDMENT TO THE TWO RIVERS PLANNED UNIT DEVELOPMENT Eagle County File No. PDA -00028 WHEREAS, on or about June 21, 2000, the County of Eagle, State of Colorado, accepted for filing an application submitted by Two Rivers Village Development Co. LLC, and William and Annalies Stephens, (hereinafter "Applicant ") for amendment of the Two Rivers Village and Two Rivers Estates Planned Unit Development located near Dotsero, Colorado (hereinafter the "PUD "), Eagle County File No. PDA- 00028; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of amending the PUD to: • Allow multiple phases of development & incremental lot sales rather than one phase of development followed by lot sales • File at least 2 Final Plats rather than one • Move "active" park from west end to east end • Change school site preparation standards • Convert 40,000sf of commercial space to 40 condo /apartment units; eliminate 20 "employee housing" units (new totals: 160 units, 20,000 sf commercial) • Extend length of daycare lot reservations & add daycare to Community Center building and Church site as use -by -right in perpetuity • Reduce minimum lot size from 3,049 sf to 2,875 sf • Create 2 separate',ots in Parcel C rather than have 1 lot • Change Homeowners' Association voting status from control by owner - occupants to l vote/lot (any corporation can own 10% of the lots) WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and 1 1 747484 01/04/2001 04:15P 370 Sara Fisher 1 of 76 R 0.00 D 0.00 N 0.00 Eagle CO WHEREAS, at its public meeting held August 16, 2000, the Eagle County Planning Commission, based upon its findings, recommended approval, with conditions, of the proposed PUD Amendment; and WHEREAS, at its public meeting of September 18, 2000, the Board considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff, and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards for the review of a Sketch and Preliminary PUD Plan: Section 5- 240.F.3.e (1). Unified ownership or control Title to all land IS NOT owned or controlled by one (1) person; HOWEVER all land owners HAVE agreed and consented to this application. 2. Section 5- 240.F.3.e (2). Uses. The reference to Table 3 -300 and Table 3 -320 as stated is inappropriate for this application since no new land addition is proposed. Subject property is currently zoned PUD and the residential and commercial uses proposed ARE uses that are allowed in the PUD. 3. Section 5- 240.F.3.e (3). Dimensional Limitations. The reference to Table 3 -340 and Table 3 -320 as stated is inappropriate for these applications since dimensional limitations are governed by the PUD Guide. Variations of the dimensional limitations set forth in the PUD Guide may only be authorized pursuant to Section 5 -240 F.31, Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Variations MAY be granted as part of the approval of this PUD amendment. 4. Section 5- 240.F.3.e (4) Off - Street Parking and Loading. By virtue of prior Preliminary Plan approval, it HAS been demonstrated that off - street parking and loading provided north of I -70 and in the manufactured housing component of Two Rivers Village can comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards. As conditioned, Applicant's reduction in parking in the "Village Center" for Shared Parking and/or Actual Needs IS acceptable. 2 Section 5- 240.F.3.e (5) Landscaping. By virtue of prior Preliminary Plan approval, it HAS been demonstrated that landscaping provided in the proposed PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. 6. Section 5- 240.F.3.e (6) Signs By virtue of prior Preliminary Plan approval, it has been shown that a comprehensive sign plan suitable for the Two Rivers PUD EXISTS with the Two Rivers PUD Guide. 7. Section 5- 240.F.3.e (7) Adequate Facilities. As conditioned, it HAS been demonstrated that the proposed development will provide adequate facilities for potable water supply, sewage disposal, solid waste disposal, or fire protection. Same HAVE previously been demonstrated to be conveniently located in relation to schools, police and fire protection, and emergency medical services. 8. Section 5- 240.F.3.e (8) Improvements. As conditioned, it CAN be demonstrated that all of the applicable improvement standards to the proposed development will be as specified in Article 4, Division 6. 9. Section 5- 240.F.3.e (9) Compatibility With Surrounding Land Uses. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS already been determined by the Board of Eagle County Commissioners to be compatible with the character of surrounding land uses. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA- 00028, do not substantively alter the findings of these prior approvals. 10. Section 5- 240.F.3.e (10) Consistency with Master Plan. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS already been determined by the Board of Eagle County Commissioners to be consistent with Eagle County's master plans. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA- 00028, do not substantively alter the findings of these prior approvals. 11. Section 5- 240.F.3.e (11) Phasing As conditioned, the proposed PUD Amendment DOES include an adequate phasing plan for the development, and guarantees WILL BE provided with the Final Plat and as otherwise established in the PUD Agreement for those public improvements and amenities necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements SHALL BE constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. 3 12. Section 5- 240.F.3.e (12) Common Recreation and Open Space. By virtue of prior Preliminary Plan approval, the PUD HAS ALREADY BEEN shown to comply with the common recreation and open space standards above. Relocation of the park from the west end of the PUD to the east end of the PUD does not substantially alter this finding. Over 25% of the total PUD area IS devoted to open air recreation or other usable open space, public or quasi - public, and the PUD DOES provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are to be residents of the PUD. The Improvements Required, Continuing Use and Maintenance, and Organization Standards required SHALL BE met by or before approval of any Final Plat for this project. 13. Section 5- 240.F.3.e (13) Natural Resource Protection. It is assumed that the proposed PUD HAS considered the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards the Preliminary Plan for Subdivision shall comply with the following standards: Section 5- 280.B.3.e (1) Consistent with Master Plan. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS already been determined by the Board of Eagle County Commissioners to be consistent with Eagle County's master plans. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA- 00028, do not substantively alter the findings of these prior approvals. 2. Section 5- 280.B.3.e (2) Consistent with Land Use Regulations As conditioned, the proposed subdivision IS consistent with the Eagle County Land Use Regulations. 3. Section 5- 280.B.3.e (3) Spatial Pattern Shall Be Efficient. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS already been determined by the Board of Eagle County Commissioners to be spatially efficient. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA- 00028, do not substantively alter the findings of these prior approvals. 4. Section 5- 280.B.3.e (4) Suitability for Development. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the property HAS already been determined by the Board of Eagle County Commissioners to be suitable for development considering its topography, 4 environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA- 00028, do not substantively alter the findings of these prior approvals. Section 5- 280.B.3.e (5) Compatible With Surrounding Uses: By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS already been determined by the Board of Eagle County Commissioners to be compatible with surrounding land uses and not adversely affect the future development of the surrounding area. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA- 00028, do not substantively alter the findings of these prior approvals. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to Preliminary Plan for PUD: Section 5- 240.F.3.m Amendment to Preliminary Plan for PUD. As conditioned, the proposed PUD Amendment to, among other things, (a) allow multiple phases of development with incremental lot sales; (b) submit two final plats; (c) relocate the "active" park from the easterly end of Two Rivers Village to the western end; (d) convert 40,000 square feet of commercial space to 40 condominium/apartment units and parking garages; (e) allow daycare in the Community Center building and amend daycare time restrictions on certain lots in the manufactured housing portion of the project; (f) change conditions for fulfilling school land dedication requirements; and (g) otherwise amend or remove certain conditions of Preliminary Plan approval as set forth in Resolution 98 -137 of the Board of Eagle County Commissioners, IS consistent with the efficient development and preservation of the entire Planned Unit Development; 2. Does not affect in a substantially adverse manner. As conditioned, the proposed PUD Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon car across a street from the planned unit development or the public interest; and 3. Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Two Rivers Village Development Co., LLC, and William and Annalies Stephens for amendment of the Two Rivers Planned Unit Development be and is hereby granted with the following conditions: 1. Variance from Improvement Standards, File No. VIS- 00009. Prior to any approval of this File No. PDA- 00028, the Board of Eagle County Commissioners shall approve File No. VIS -00009 authorizing those Variances from Improvement Standards requested. In the event that the Board shall not approve one or more of the Variances requested, then the Final Plat shall fully conform to the requirements of the Eagle County Land Use Regulations for that section or sections of the Land Use Regulations denied. 2. Changes to the PUD Guide: Prior to the recordation of any Resolution approving this File No. PDA- 00028, the following changes shall be made to the PUD Guide: A. Garages in Commercial/Residential Area. The PUD Guide shall clearly state that: (1) garages are solely for the use of residents of the commercial/residential ( "Village Center ") area, and must be used primarily for the storage of their personal, operating, vehicles; (2) use of the garage for any other storage purpose shall clearly be incidental to that of its primary use; and (3) garages shall not be used as "mini storage" units. B. Wildlife Mitigation Agreement. The "Wildlife Issues and Proposed Mitigation for the Two Rivers Village PUD, Dotsero, Eagle County, Colorado' document dated February, 1998 shall be fully executed by the Division of Wildlife, Two Rivers Development Co. LLC, and William Stephens and Annalies Stephens, and attached to the PUD Guide and recorded as a part of it (Exhibit B). C. Lot 7, Block 11. The PUD Guide shall include the site - specific parameter for this Lot, including that it shall remain in perpetuity as a church/multi- purpose /daycare lot. D. Lots 25, 19, and 24, Block 3, Two Rivers Village. The PUD Guide shall include the following site - specific parameters for Lot 25, 19, and 24, Block 3, Two Rivers Village as shown on the Preliminary Plan submitted: (1) Use of Lot 25, exclusive of any sewer lift station, shall be reserved for child care facilities for a period of twelve months following the occupancy of 218 units (residential lots) in Two Rivers Village, exclusive of condominiums and/or apartments in the "Village Center." (2) Lots 19 and 24 shall be reserved for expansion of child care facilities for a period of twenty -four months following the 0 CJ W occupancy of 218 units (residential lots) in Two Rivers Village, exclusive of condominiums and/or apartments in the "Village Center." E. Lots 1 and 2, Parcel C, Two Rivers Estates. The PUD Guide shall include the following site - specific parameters for Lots 1 and 2, Parcel C, Two Rivers Estates as shown on the Preliminary Plan submitted (1) Lot 1: (a). No secondary or accessory dwelling unit shall be allowed. (b) All herbicides, pesticides, and/or other hazardous chemicals to be stored on site shall be stored in such a manner, and with such safety measures, as to preclude any spillage, leakage, and/or other such potential sources of ground, water, or air contamination. (c) No herbicides, pesticides, and/or other hazardous chemicals shall be applied to nursery stock in such a way as to potentially contaminate the well fields (d) There shall be no disposal of herbicides, pesticides, and/or other hazardous chemicals on the site. (2) Lot 2: (a) No secondary or accessory dwelling unit shall be allowed. (b) Outside storage shall be fenced and screened pursuant to the definition of "Contractor's Storage Yard" in the Eagle County Land Use Regulations, and gates and/or other such safety measures shall be taken to preclude unauthorized entry into the area. (c) Outside storage of materials, recreational vehicles, automobiles, and other related items shall at all times be neat and orderly, and shall not exceed in quantity the reasonable capacity of the land. Storage of the following shall not be allowed: auto and vehicular parts, salvage and/or derelict vehicles. (d) Outside storage of materials, recreational vehicles, automobiles, and other related items shall not constitute a "Junk Yard" as defined in the Eagle County Land Use Regulations; nor shall it otherwise constitute a nuisance to the people of Eagle County. 3. Fill Management. Given that extensive site disturbance shall take place, in part during occupancy of the site, the following shall apply: A. Truck Hauling Plan. Truck Hauling Plan shall be in conformance with CDOT standards. B. Haul Route. The haul route shall be as shown on the "Fill of Site Phasing" map submitted in the application, to be recorded as a part of any Resolution approving this File PDA- 00028. Once residential occupancy 7 � C occurs, the haul road shall be looped at the site of fill in order to eliminate unnecessary back -up beeps. C. Hours/Days of Operation. Prior to occupancy of the site, seven day, 24 hour hauling may take place; however, Applicant shall submit to the Eagle County Engineering Department evidence of CDOT approval of any night lighting that may be required at or near the I -70 interchanges. Once ten (10) lots are occupied, hours of the floodplain fill operation shall be 7:00 AM to 7:00 PM,Monday through Friday, and 8:OOAM to 5:00 PM on Saturday. No filling shall take place on Sunday. D. Dust Suppression. The following dust suppression measures shall be taken: (1) All material shall be placed and compacted as soon as possible; (2) No fill material stockpiling shall occur; (3) Topsoil stockpiles will have no slopes greater than 2:1, and if left undisturbed for more than six months they shall be revegetated with a seed mix approved by the C.S.U. Extension Service or the Natural Resources Conservation Service, watered sufficiently to retain vegetation, and maintained weed free; (4) When possible, topsoil will be placed at its final location along I -70; (5) Operating water truck/s shall be on site during operating hours at all times, and regular and sufficient watering for dust suppression shall take place. (6) For sites north of I -70 the following shall be added: Mining/excavation shall be a continual cut operation without stockpiling; revegetation shall occur within six months of excavation of all cut areas. E. Division 4 -5. Commercial/Industrial Performance Standards. (1) Section 4 -520. Noise and Vibration: Once ten (10) lots are occupied: (1) Noise level measurements shall be taken once a month along the wall of the residence nearest the site of fill, and at two or more locations evenly spaced along the haul route. Noise level records shall be kept for the duration of the fill operation demonstrating that noise levels shall not exceed 60 decibels from 7:OOAM to 6:OOPM Monday through Friday, nor 55 decibels at any other time. (2) Section 4 -530. Smoke and Particulate Standards. Eagle County Smoke and Particulate Matter Standards shall apply; dust suppression shall be as set forth above. (3) Section 4 -540. Heat, Glare, Radiation and Electrical Interference. No dangerous or discomforting degree of heat, glare, radiation or electrical interference shall affect occupied lots. (4) Section 4 -550. Storage of Hazardous and Non Hazardous Materials. No hazardous materials will be stored on site; no other materials or wastes shall be stockpiled, deposited, or otherwise placed on the property in such form or manner that they may be transferred off _1 site by natural causes or forces. Once construction is compete, any outdoor storage of materials will be screened pursuant to a final design of fences or walls submitted to and approved by the Eagle County Community Development Department. F. Fencing/Sd= Measures. A signage plan shall be submitted to the Eagle County Community Development Department prior to commencement of construction on the site. Once ten (10) lots are occupied, fencing and other site safety mitigation techniques as may be necessary to protect site residents, particularly children, shall be employed throughout the balance of the operation. G. Weed Control. Weed control shall, at all times, be exercised on the property as required by the Eagle County Weed Management Plan per the Colorado Weed Management Act. Weed control inspection access and enforcement shall, in addition to normal enforcement authority, be granted to the Weed Management Coordinator. The period of active weed control for those portions of the property not otherwise sold to individual lot owners shall extend for two growing seasons after completion of the fill of the site. H. Storage. No inoperative vehicles, junk, trash, mining and/or construction equipment, materials or stockpiles not directly related to the fill operation shall be allowed to remain on the property. Storage of equipment and/or stockpiling of materials not directly associated with the fill operation shall be prohibited. 4. Construction Worker RV Site. Given that live -in -on -site construction worker RV parking is proposed during construction of the site and potentially for two years thereafter, at a minimum Applicant shall: A. Limit the maximum number of RVs allowed at any one time to 50. B. As approved by the Eagle County Department of Environmental Health, provide and regularly maintain "porta- potties" or other waste disposal system/s in close proximity to the RV Site; or regularly maintain RV self - contained sanitation systems. C. Provide potable water delivery to RVs. D. Provide and regularly maintain a solid waste disposal dumpster in close proximity to the RV Site. E. Locate RV parking in such a manner that no fill of the site or relocation of the RVs during construction will be required F. Make changes to the foregoing only with the approval of the Eagle County Department of Environmental Health and the Eagle County Community Development Department. 5. Bus Facilities. Collateralization of the permanent bus facility shall occur at Phase IV. Until such time as a permanent facility is constructed, the temporary facility 9 shall have the same infrastructure and parking area as if for the permanent facility. 6. Site Preparation of the Commercial/Residential "Village Center." The site will be filled to the level of subgrade in order that material does not have to be removed for its final construction, unless required otherwise by conditions of the CLOMR. The site will be seeded with a mix and application rate approved by either the Eagle County Extension Service or the National Resources Protection Service. Unless otherwise installed during fill operations, a full and adequate irrigation system shall be installed, and the site shall be properly watered, mowed, and maintained weed -free until such time as it is developed. 7. Lease to Government Agencies. At such time as lease space in the "Village Center" commercial area is viably available, Applicant shall offer to the Board of Eagle County Commissioners a thirty (30) day right -of -first- refusal for up to 5,000 square feet of space at fair market rent, said space for the use of the Eagle County Sheriff, Health and Human Services, and/or other government agencies. Beyond this initial right -of -first- refusal, and/or for any space over 5,000 square feet, Eagle County and/or other government agencies shall participate as normal market competitors. 8. Prior conditions of approval to carry forward. Given approval of this File No. PDA -00028 by the Board of Eagle County Commissioners, the following Conditions of Approval of File No. PDP -00008 (Resolution 98 -137), as may be amended to reflect changes resulting from approval of this File PDA- 00028, shall carry forward: Condition 4: The bus shelter and pull -off shall be designed and constructed in accordance with the requirements of the Eagle county Regional Transportation Authority. Three (3) pull - in/pull -out bus parking spaces shall be provided in accordance with the requirements of the Eagle County Regional Transportation Authority. Condition 8: The "Typical Landscape Plans" and the "Typical Lakeshore Section" shall be incorporated into the PUD Guide as typifying the requirements for the respective areas to which they apply. Condition 10:' All material representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless expressly amended by other conditions. The following shall be added to this Condition 10 with approval of this File No. PDA- 00028: Said representations include, but are not limited to: • All common amenities including the community pool, sidewalks, and parking will be built by the developer for these common facilities. [Letter dated 30 June 1998 - Exhibit Cl 2. The church site will remain as a church site. [Letter dated 30 June 1998 - Exhibit C] 10 3. Services and sidewalks to school site. [Exhibit D] 4. There are sidewalks along the residential main boulevard and the commercial streets. 5. Recreation facility and single family lots are part of the first phase of development. [BOCC hearing S October 1998] Condition 11: The letter and attachments submitted by Isom & Assoc., dated August 17, 1998, hereby remain designated as material representations (attached herein as Exhibit Q. The following shall be added to this Condition 11 with approval of this File No. PDA- 00028: Such material representations include, but are not limited to: 1. "All RV's on -site will be phased out in two years after completion of construction." 2. "In addition to providing the community center, day care site, fire station site, and school site, the owners shall make available within the commercial site, facilities for lease by the sheriff s office, human services office, and other government facilities at a fair market rate "Only owner occupied units will have a voice in the Homeowners Association on a one -to -one basis. Corporations will have only one vote no matter how many lots they have acquired. the majority of the Board of Directors of the Association must be from owner occupied units." Condition 15: The Final Plat shall include a plat note stating, "Until the adoption of the revised Flood Insurance Rate Map (FIRM) by Eagle County based on the issuance of a Letter of Map Revision (LOMR) for the Two Rivers Village project by the Federal Emergency Management Agency (FEMA), all building permits for Two Rivers Village south of I -70 will require certification by a registered engineer that the finished floor elevation is a minimum of one (1) foot above floodplain elevation and shall submit for Flood Insurance on each residence under the National Flood Insurance Program (NFIP). The, following; shall be added to this Condition 15 with approval of this File No. PDA- 00028: "This Plat Note shall only be removed by Resolution of the Board of Eagle County Commissioners .recorded with the Eagle County Clerk and Recorder." Condition 16: The applicant shall apply through Eagle County for a LOMR within 90 days after completion of construction of infrastructure or after all dirt works are completed on the project. Eagle County shall submit said LOMR to FEMA within 30 days after receipt of the LOMR submittal. 11 9. PUD Asreement Pursuant to Section 5- 240.F.3.h of the Eagle County Land Use Regulations, the PUD Agreement required to be executed by Applicant in conjunction with any Resolution of the Board of County Commissioners approving this File No. PDA -00028 shall include, but not be limited to, the following collateralization requirements: A. `Phase L " The entire filling of the floodplain be collateralized in full with the first Final Plat. The County may make incremental releases by phase provided that there be a significant retention -- 25% of the value of the work completed -- to cover the balance of the work to be done. The County May consider other options that would allow the County to complete floodplain work in the event of Applicant's default. As represented by Applicant, "Phase P' shall also include: • All infrastructure to Blocks 6, 7, 8, 9, 10 [Two Rivers Village lots] • Water tank access road, water tank, all lines to the tank • Sewer plant, lift sation, and main lines to the plant • I -70 interchanges and extension of Colorado River Road to the round about, including berming for 100 year flood along north frontage road • Two Rivers Boulevard, including the roundabout, through Phase I and gravel road to the sewer plant • Central park to grade, and park landscaping • Community building and swimming pool (to be built by August, 2003) • Water, sewer line, pedestrian path to school site • Temporary bus shelter and temporary bus parking [to be sited on Lot 2, Block 11] • Kokanee Lane and temporary access easement to Lots 5 and 7, Block 11 • Infrastructure to lots 5 [Community Building] & 7 [Church Site], Block 11 Municipal well, including pumping facilities and piping • Pedestrian path around the lakes, including lighting (to be built by August, 2003) • Rip -rap along the Colorado River • Temporary utility stubs to blocks north of Two Rivers Boulevard and Block 11 • Grading of school site, storage site, and fire station site B. "Phase IT' • All infrastructure to Blocks 4 & 5 [Two Rivers Village lots] • Construction and landscaping of western park 12 f C. Phase III • All infrastructure to Blocks 1, 2, 3 [Two Rivers Village lots] D. Phase .TV • Multi - family and commercial [roads and infrastructure for Lots 1, 2, 3, 4, and 6, Block 11 ] • Permanent bus facility E. Two Rivers Estates • All roads and infrastructure to serve the Two Rivers Estates development 10. Requirements of Final Plat: A. Wildlife Mitigation Fee. The agreed Wildlife Mitigation fee of $19,505.05 shall be paid in full before or at the time of approval of the first Final Plat. B. Minimum Lot Sizes: "Two Rivers Village" Manufactured Housing. The minimum lot size shall be 3,049 square feet (0.070 acre)feet except that Lot 29 Block 5 may be 2,985 square feet, Lot 30 Block 5 may be 2,874 square feet, Lot 31 Block 5 may be 2,942 square feet, and Lot 32 Block 5 may be 3,011 square feet. C. $ngineering All comments of the Eagle County Engineer pursuant to that Memorandum dated August 3, 2000 shall be addressed to the satisfaction of the Eagle County Engineer. A site - specific revegetation plan for the water tank access road, including irrigation and maintenance, shall also be submitted. D. Road Impact Fees. The sum of $445,000.00 or as otherwise determined at approval of Final Plat shall be submitted before recording an approved Final Plat. E. School Land Dedication and /or Fees -in -Lieu. Condition 6 of the original Preliminary Plan approval, file number PDP -0008, remains in effect, provided the school land dedication, including its location, size and'on and off site improvements, related thereto, or the amount of fees in- lieu -of, shall be finally determined before the approval of final plat. F. BLM Access. Access to land owned by the Bureau of Land Management shall be depicted on the Final Plat and dedicated to the public. G. Addressing. All recommendations of the Eagle County Address Coordinator in his Memorandum of July 17, 2000 shall be addressed. H. Town of Gypsum Fire Department. All requirements of the Town of Gypsum Fire Department shall be met. I. Homeowners' Association Control Documents. The documents submitted with this PUD Amendment to be recorded and referenced on the Final Plat shall be revised to reflect material representations made in that letter dated 13 17 August 1998 and recorded as a condition of approval for File No. PDP- 00008, to wit: "Only owner occupied units will have a voice in the Homeowners Association on a one -to -one basis. Corporations will have only one vote no matter how many lots they have acquired. the majority of the Board of Directors of the Association must be from owner occupied units." J. Plat Notes. The following plat notes shall appear: (1) All septic systems shall.be site - specific systems designed by a registered professional engineer and approved by the Eagle County Department of Environmental Health. (2) No lot shall be sold in phases II, III, and IV, nor shall a building permit be issued for a lot in phases II, III, and IV, until collateralization of the specific phase or lot, sufficient to Eagle County, has been provided. This Plat Note shall only be removed by Resolution of the Board of Eagle County Commissioners recorded with the Eagle County Clerk and Recorder. K. Stormwater Management. As discussed and agreed with the Eagle County Department of Environmental Health, Applicant shall collateralize and install "Stormceptor" (or similar approved technology) stormwater management devices in order to prevent direct discharge of stormwater into lakes and the Colorado River. L. State Approval of Water/Wastewater System. Applicant shall submit evidence of State Site Approval for its domestic water /wastewater system (Eagle County File Nos. 1041 -0027 and SSA -0006) by the State of Colorado. M. Sediment and Erosion Control Requirements. Applicant shall submit a site - specific Sediment and Erosion Control plan or set of plans for the entire fill operation, to be approved by Eagle County, taking into consideration each fill phase, progressive terraforming as it occurs, changes in truck haul routes, location of stockpiles and fuel storage tanks, if any. Sediment and Erosion Control may include, but not be limited to: Sediment control fencing, small berms, swales, dips, etc. to naturally hold and filter runoff before it can enter any riparian/wetland area, and placement of erosion protection matting. In no case shall any direct runoff into wetlands and /or the rivers and/or riparian habitat be allowed. N. Revegetation/Reclamation Plan. Applicant shall submit a Revegetation/ Reclamation Plan for the entire fill operation, with specific attention paid to (a) progressive revegetation/reclamation phasing to match fill phasing; and (b) those areas of the site not to be developed into lots to be sold. While this Plan may include components of previously approved project landscaping plan/s, it shall also include restoration of native species destroyed by the fill operation, and portions of the project not otherwise addressed in other landscaping plan/s. All seed mixes, application methods 14 0 C and rates, and plant lists and planing procedures shall be approved by either the C.S.U. Cooperative Extension, Eagle County or the Natural Resources Protection Service. Revegetation/reclamation shall be actively maintained by Applicant for the duration of the fill operation, and thereafter by the Homeowners' Association or Two Rivers Metro District as part of regular project maintenance, and shall include mulching, the installation and regular use of a sufficient irrigation system until naturally self - sufficient, and aggressive weed control. Mulching shall be directly after seeding and/or planting, and shall be with weed free hay or straw stabilized with a synthetic mesh barrier; if hydroseeding is used, a tackifier shall be included with seed and mulch. All revegetation/reclamation of the site shall have been completed within one growing season of the cessation of the fill operation. 11. Material Representation. Except as otherwise modified by these Conditions, all material representations of the Applicant in support of PDP -00008 (approved by .Resolution 98 -137), in its submittal package for File No. PDA- 00028, and subsequent correspondence, and in public hearing, shall be binding. These include, but are not limited to (a) representation that over 50% of the manufactured housing portion of the - project shall be owner - occupied; (b) that there shall be a maximum of 10% corporate lot ownership by any one corporation, public or otherwise; (c) that Applicant shall pay any and all flood insurance required for all property owners until issuance of the FEMA Letter of Map Revision for this project; (d) that there shall be no on- street parking within the development; and (e) that the Two Rivers Metropolitan district shall monitor parking in the commercial/residential area to ensure that same shall not be used excessively by those outside the project and that adequate parking for all uses contemplated in "Two Rivers Village" exists without on- street parking; and THAT, the Board hereby approves the Amended Planned Unit Development Guide revised and dated September 18, 2000 and attached hereto as Exhibit "A'•'; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of Coun Commissio of the County of Eagle, State of Colorado, at its regular meeting held them day of 2001, nunc pro tunc to the 18`x' day of September, 2000. yml� 15 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: uott-o BOARD OF COUNTY COMMISSIONERS d,/),A - ("--) By: Clerk to the Board of Tomb. Stone County Commissioners Chairman 1 \ n i1 Michael L. Ga Commissioner 3o!Vnn&ette Phillips Commissioner Commissioner Y seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher M� Commissioner 7ohnnette Phillips This Resolution passed by _ -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 16 FWY414 IT A � TWO RIVERS VILLAGE and TWO RIVERS ESTATES September 18, 2000 Planned Unit Development Guide PURPOSE To provide a residential village with single - family housing, condominiums /apartments, related commercial uses, and recreational amenities. USES BY RIGHT - in all Residential Districts 1. Day Care Home 2. Home Occupation 3. Park, Open Space, a Greenbelt 4. Utility Distribution Facilities USES BY RIGHT - in all Commercial Districts 1. Parks, Open Space or Greenbelts 2. Utility Distribution Facilities The definitions for each term listed above shall be per Article 2 of the Eagle County Land use Regulations. Any land uses that arise than are special or limited uses as defined in Table 3 -300 of the Eagle County Land Use Regulations for the RMF, RSM, or RR Zone Districts, whichever represents the closest density for the area of the PUD in which the use is requested, must first be approved by a majority of the Board of Directors of the Two Rivers Village Homeowners Association and approved by Eagle County by following the procedures for a Special or Limited Use in the Eagle County Regulations. TEMPORARY USES - During construction, recreational vehicles (RV) may occupy site. For two years after completion of construction, all blocks may be used as RV sites. During construction, Blocks 1 to 5 may have a haul road across these blocks for filling and raising of the property. PUD DISTRICTS NORTH OF I -70 Parcel A: School Site with sanitary sewer lift station. Minimum Setbacks: Front 25 feet Side 20 feet ( C Rear 20 feet Building Height: 40 feet to mid point of roof Maximum Lot Coverage: Buildings: 50% of net developable land; All impervious materials: 75% of net developable land, Maximum Floor Area Ratio: 0 50:1.0 of net developable land. Parcel B: Storage Site For outside and inside'storage including but not limited to recreational vehicles, automobiles, snowmobiles, etc. Setbacks of Buildings: Front 25 feet Side 10 feet Rear 20 feet Building Height: 25 feet to mid point of roof Maximum Lot Coverage: Buildings: 25% of net developable land; All impervious materials: 90% of net developable land. Maximum Floor Area Ratio: 0.50 :1.1 of net developable land. Parcel C: Lot 1 - Residential /Commercial/Well Site I. One Single- Family Residence and all accessory uses and buildings for residential uses. 11. Maintenance, Sale and Storage Facility For Nursery and Metropolitan District - including any accessory buildings for these purposes. 2 III. Well Fields and Water Treatment Facility - including accessory buildings for these purposes. (No required setback for well heads and accessory structures). Minimum Setbacks: Front yard Side yard, Rear yard Building Height Maximum Lot Coverage: 25 feet from property line 10 feet 50 feet from mean high water mark 35 feet to mid point of roof Buildings: 50% of net developable land; All impervious materials: 50% of net developable land. Maximum Floor Area Ratio: 0.50 :1.0 of net developable land. NOTE: (a) No secondary or accessory dwelling unit shall be allowed. (b) All herbicides, pesticides, and /or other hazardous chemicals to be stored on site shall be stored in such a manner, and with such safety measures, as to preclude any spillage, leakage, and/or other such potential sources of ground, water, or air contamination. (c) No herbicides, pesticides, and /or other hazardous chemicals shall be applied to nursery stock in such a way as to potentially contaminate the well fields. (d) There shall be no disposal of herbicides, pesticides, and /or other hazardous chemicals on the site. Lot 2 - Residential /Storage I. One Single Family Residence and all accessory uses and buildings for residential uses. II. Storage Site For inside and outside storage of materials, recreational vehicles, automobiles and other related items. Setbacks for Buildings: Front 25 feet Side 12.5 feet Colorado River 50 feet from mean high water mark Building Height: 35 feet to mid point of roof 3 i Maximum Lot Coverajge: Buildings: 25% of net developable land; All impervious materials: 50% of net developable land; Maximum Floor Area Ratio: 0.50:1.0 of net developable land. NOTE: (a) No secondary or accessory dwelling unit shall be allowed. (b) Outside storage shall be fenced and screened-a pursuant to the definition of "Contractor's Storage Yard" in the Eagle County Land Use Regulations, and gates and /or other such safety measures shall be taken to preclude unauthorized entry into the area. (c) Outside storage of materials, recreational vehicles, automobiles, and other related items, shall at all times be neat and orderly, and shall not exceed in quantity the reasonable capacity of land. Storage of the following shall not be allowed: auto and vehicular parts, salvage and /or derelict vehicles. (d) Outside storage of materials, recreational vehicles, automobiles, and other related items shall not constitute a "Junk Yard" as defined in the Eagle County Land Use Regulations; nor shall it otherwise constitute a nuisance to the people of Eagle County. Parcel D: Retail, Plant Nursery, and Sinele- Family Dwelling (including sale of material and all accessory buildings for this purpose) Setbacks: Front 25 feet Side 12.5 feet Rear 20 feet Existing buildings to remain in setbacks Building Heim Maximum Lot Coverage: 35 feet to mid point of roof Buildings: 50% of net developable land; All impervious material: 75% of net developable land. Maximum Floor Area Ratio: 0.60:1.0 of net developable land. 4 C Parcel E: Open Space, Road Access, Drainage, and Utility Easements Parcel F: Fire Station and All Related Uses Setbacks: Front 0 feet Side 10 feet Rear 20 feet Building Heizht: 35 feet to mid point of roof Maximum Lot Coverage: Buildings: 75% of net developable land, All impervious material: 90% of net developable land. Maximum Floor Area Ratio: 1.50: 1.0 of net developable land. Parcel I: Water Tank and All Related Uses i Parcel J: Open Space, Drainage, Utilities and Access Easements Single- Family Lots: North of I -70 Five lots with accessory uses and enclosures compatible with the residential uses. Setbacks: Front 25 feet Side 12.5 feet Rear 20 feet Building height: 35 feet to mid point of roof Maximum Lot Coverage: Buildings: 25% of net developable land; All impervious materials: 45% of net developable land; Maximum Floor Area Ratio: 0.60:1.0 of net developable land. Is PUD DISTRICTS SOUTH OF I -70 Blocks 1 -10: Single- Family Residential Lots (to a maximum of 280 lots) and accessory uses plus all accessory uses and buildings for residential use. Lot 25, Block 3 will have a lift station located on the lot or a designated separate lot. Minimum Lot Sizes: Tile minimum lot size shall be 3,049 square feet (0.070 acre) feet except that Lot 29, Block 5 may be 2,985 square feet, Lot 30, Block 5 may be 2,874 square feet, Lot 31, Block 5 may be 2m942 square feet, and Lot 32, Block 5 maybe 3,011 square feet. Setbacks for Residential Units: Front yard 5 feet Side yard 10 feet Rear yard 10 feet From I -70 25 feet From Colorado River Road 25 feet From Colorado River 50 feet NOTE: Storage sheds as defined in this PUD Guide may be located in side and rear setbacks. Setbacks for Garages: Front Side of carport Side for enclosed garage Rear Building, Height: Maximum Lot Coverage: 5 feet 1 feet 3 feet 10 feet 35 feet to mid point of roof Buildings: 25% of net developable land; All impervious material: 60% of net developable land; Maximum Floor Area Ratio: 0.50:1.0 of net developable land. 6 NOTE Block 11: Lots 25 19 and 24 Block 3 Two Rivers Village. (1) Use of Lot 25, exclusive of any sewer lift station, shall be reserved for child care facilities for a period of twelve months following the occupancy of 218 units (residential lots) in Two Rivers Village, exclusive of condominiums and /or apartments in the "Village Center ". (2) Lots 19 and 24 shall be reserved for expansion of child care facilities for a period of twenty -four months following occupancy of 218 units (residential lots) in Two Rivers Village, exclusive of condominiums and /or apartments in the "Village Center." During construction, all blocks and lots will be overlot graded and a haul road will cross Blocks 1 through' 5. Lots 1 -4: Residential, Commercial And Mixed Use A. Gas station and car wash B. Convenience store C. Restaurant /Bar D. Commercial including retail and personal service establishments E. Liquor store F. Fishing camp and all associated amenities G. Laundry facilities H. Daycare facilities I. Professional offices J. Medical and dental clinics K. Condominiums /apart ments (maximum 160 units in conjunction with Lot 6). L. Commercial to a maximum of 20,000 sq.ft., exclusive of restrooms, hallways and storage areas. M. Individual garages for lease or sale. NOTE: (1) Garages are solely for the use of residents of the commercial /residential ( "Village Center ") area, and must be used primarily for the storage of their personal, operating, vehicles, (2) Use of the garage for any other storage purpose shall clearly be incidental to that of its primary use; and (3) garages shall not be used as "mini storage" units. N. Post Office O. Educational Facility . P. Church Setbacks: Front to edge of building- Front to edge of canopies or balconies: Side Rear 7 5 feet 1 foot 0 feet to a one -hour separation 5 feet between buildings 0 feet f Building heir 35 feet to mid point of-roof Maximum Lot Coverage: Buildings: 80% of net developable land; All impervious materials: 90% of net developable land; Maximum Floor Area Ratio: 2.5:1.0 of net developable land. Block 11: Lot 5: Community Building /Swimming Pool Uses include recreational amenities, management offices, Metropolitan District offices, day care, meeting rooms, and other associated uses. Setbacks: Front 0 feet Side 0 feet to a one -hour separation f 5 feet between building walls Rear 15 feet from lakes N Building Height: 35 feet to mid point of roof Maximum Lot Coverage: Buildings: 50% of net developable land; All• impervious materials: 80% of net developable land; Maximum Floor Area Ratio: 1 .01:1.0 of net developable land. Block 11: Lot 6: Condominiums /Apartments and Limited Commercial (to a maximum of 160 units in conjunction with Lots 1 to 4). A. Restaurant B. Laundry Facility C. Management Offices D. Retail shop E. Garages for lease or sale 9 Setbacks: Lake 15 feet Between buildings 10 feet Colorado River 50 feet Building Height: 40 feet to mid point of roof Maximum Lot Coverage: Buildings: 70% of net developable land; All impervious materials: 90% of net developable land; Maximum Floor Area Ratio: 1.5:1.0 of net developable land Block It: Lot 7: Church /Multi- purpose/Daycare This lot shall remain in perpetuity as a church/multi- purpose /daycare lot. The Definition of "multi- purpose" use shall be for any religious, social, or community function. Setbacks: Front 0 feet Side 5 feet Rear 0 feet Building Height: 35 feet to mid point of roof Maximum Lot Coverage: Buildings: 80% of net developable land; All impervious materials: 90% of net developable land; Maximum Floor Area Ratio: 2:5.0 to 1 :0 of net developable land Parcel G: Recreational Uses, Open Space, Utility Easements, and Road Access Plus Accessory Uses or Building for Support of The Listed Uses 9 C Parcel H: Sewage Treatment Facility, Open Space, Recreation, and Metropolitan District Offices Maximum Lot Coverage: Buildings: 50% of net developable land; All impervious materials: 75% of net developable land; Maximum Floor Area Ratio: 0.80:1.0 of net developable land. Minimum Setbacks: Front Yard 10 feet from property line. Side Yard 20 feet from Crappie Lake or mean high water mark of Colorado River. Rear Yard 10 feet from wetlands or property line, whichever is greater. SIGNAGE I. VILLAGE IDENTIFICATION SIGN - 32 square feet and not higher than 8 feet. II. COMMERCIAL - 32 square feet for gas station and 32 square feet for convenience store. Block 11, Lot I shall be 64 square feet each side for gas station / convenience store, illuminated to a maximum of 25 feet high. Block 11, Lots 2, 3, and 4 shall be 16 square feet per use, restaurant 32 square feet. III. CO1Vt1VIUNITY BUILDINGS - 32 square feet. IV. RESIDENTIAL - Building identification signs for condominiums /apartments to a maximum of 32 square feet.. V. NURSERY - 32 square feet plus existing sign. VI. FIRE STATION - 32 square feet on or in front of building. VII. STORAGE FACILITY - 32 square feet. VIII. SCHOOL - 32 square feet, one sided, maximum 6 feet high. All signs shall be in earth tones or white with black lettering except for signs with national logos. No signs may revolve or flash. Eagle County Land Use Regulations, Division 4 -3, Sign Regulations, shall further regulate signs not listed above. LIGHTING Light standards in the multi- family and commercial shall be maximum of 15 feet high with down light. Parks and walkways around the lakes shall have maximum 10 -foot light standards with down light. Single- family residences north of I -70 shall have maximum eight feet for light standards with down lights. ARCHITECTURAL Manufactured housing units will have.hip or gabled roofs with a minimum of 3 in 12 roof pitch. Roofing materials may be wood, asphalt, or non - reflective metal. No metal siding will be allowed. All units shall be reviewed and approved by the Village management prior to installation in the Village. Colors shall be approved by Management. Commercial and residential buildings shall be a mix of heavy timber, stone, wood and stucco exterior finish. Roofing materials may be asphalt, wood, or non - reflective metal. The five single- family lots shall have wood, asphalt, or non - reflective metal roofing. All colors to be earth tones. LANDSCAPING Single- family housing units south of I -70 shall have a minimum of two trees with minimum two - inch caliper and five bushes with a minimum five- gallon container. Single- family housing units north of I -70 shall have a minimum of three trees with minimum two -inch caliper and five bushes with a minimum five - gallon container. A Landscaping Plan that meets the Landscaping Design Standards and Materials requirements of the Eagle County Land Use Regulations in effect at the time shall be submitted with the first Building Permit Application for each of the following: school site, fire station site, storage unit site, any other site north or south of I -70 except as otherwise set forth in this document. Preliminary Plan Landscaping Plans for buffering south of I -70, and for the "Village Center" shall be considered as the landscaping plans for these areas. PARKING Two (2) cars per single- family lot in Blocks 1 through 10. Maximum of three (3) vehicles per site. Two and one -half (2' /z) spaces per multi - family unit. Three (3) parking spaces per 1,000 square feet of commercial exclusive of storage areas, hallways, and restrooms. � Cl� Commercial and multi - family parking shall share common parking areas. Three (3) parking spaces per single- family residential unit north of 1 -70. STORAGE SHEDS A maximum size of 10 feet by 10 feet. Sheds may be located in the side and rear setbacks. Sheds may be wood or metal. Colors should match either the residential unit on -site, white or earth -tone colors. MAINTENANCE OF PROPERTY Two Rivers Metropolitan District will be responsible per the Service Agreement for maintenance of the complete sewer system and sewer mains, water system and water mains, and road systems. The Two Rivers Village Homeowner's Association is responsible for the operation and maintenance of the community building, landscaping, parks and lakes. The Homeowner's Association may delegate responsibility to the Metro District for maintenance where appropriate. WILDLIFE MITIGATION AGREEMENT. The "Wildlife Issues and Proposed Mitigation for the Two Rivers Village PUD, Dotsero, Eagle County, Colorado" document dated February 1998 shall be fully executed by the Division of Wildlife, Two Rivers Development Co., L.L.C. and William Stephens and Annalies Stephens, and attached to the PUD Guide and recorded as a part of it. FILL MANAGEMENT. Given that extensive site disturbance shall take place,, in part during occupancy of the site, the following shall apply: A. Truck Hauling Plan. Truck Hauling Plan shall be in conformance with Colorado Department of Transportation standards. B. Haul Route. The haul route shall be as shown on the "Fill of Site Phasing" map submitted in the application, to be recorded as a part of any Resolution approving this File PDA- 00028. Once residential occupancy occurs, the haul road shall be looped at the site of fill in order to eliminate unnecessary back -up beeps. C. Hours /Days of Operation. Prior to occupancy of the site, seven day, 24 hour hauling may take place; however, Applicant shall submit to the Eagle County Engineering Department evidence of Colorado Department of Transportation approval of any night lighting that may be required at or near the I -70 interchanges. Once ten (10) lots are occupied, hours of the floodplain fill operation shall be 7:00 am to 7:00 pm Monday through Friday, and 8:00 am to 5:00 pm on Saturday. No filling shall take place on Sunday. D. Dust Suppression. The following dust suppression measures shall be taken: (1) All material shall be placed and compacted as soon as possible; 12 �i (2) No fill material stockpiling shall occur, (3) Topsoil stockpiles will have no slopes greater than 2:1, and if left undisturbed for more than six months they shall be revegetated with a seed mix approved by the C.S.U. Extension Service or the Natural Resources Conservation Service, watered sufficiently to retain vegetation, and maintained weed free; (4) When possible, topsoil will be placed at its final location along 1 -70; (5) Operating water trucks /s shall be on site during operating hours at all times, and regular and sufficient watering for dust suppression shall take place. (6) For site north of I -70 the following shall be added: Mining/excavation shall be a continual cut operation without stockpiling, revegetation shall occur within six months of excavation of all cut areas. E. Division 4 -5. Commercial /Industrial Performance Standards. (1) Section 4 -520. Noise and Vibration: Once ten (10) lots are occupied: Noise level measurements shall be taken once a month along the wall of the residence nearest the site of fill, and at two or more locations evenly spaced along the haul route. Noise level records shall be kept for the duration of the fill operation demonstrating that noise levels shall not exceed 60 decibels from 7:00 am to 6:00 pm Monday through Friday, nor 55 decibels at any other time. (2) Section 4 -530. Smoke and Particulate Standards. Eagle County Smoke and Particulate matter Standards shall apply, dust suppression shall be as set forth above. (3) Section 4 -540. Heat, Glare, Radiation and Electrical Interference. No dangerous or discomforting degree of heat, glare, radiation, or electrical interference shall affect occupied lots. (4) Section 4 -550. Storage of Hazardous and Non - Hazardous Materials. No hazardous materials will be stored on site; no other materials or wastes shall be stockpiled, deposited, or otherwise placed on the property in such form or manner that they may be transferred off by natural causes or forces. Once'construction is complete, any outdoor storage of materials will be screened pursuant to a final design of fences or walls submitted to and approved by the Eagle County Community Development Department. F. Fencing/Safety Measures. A signage plan shall be submitted to the Eagle County Community Development Department prior to commencement of construction on the site. Once ten (10) lots are occupied, fencing and other site safety mitigation techniques as may be necessary to protect site residents, particularly children, shall be employed throughout the balance of the operation. G. Weed Control. Weed control shall, at all times, be exercised on the property as required by the Eagle County Weed Management Plan per the Colorado Weed Management Act. Weed control inspection access and enforcement shall, in addition to normal enforcement authority, be granted to the Weed Management Coordinator. The period of active weed control for those portions of the property not otherwise sold to individual lot owners shall extend for two growing seasons after completion of the fill of the site. 13 H. Storage. No inoperative vehicles, junk, trash, mining and /or construction equipment, materials or stockpiles not directly related to the till operation shall be allowed to remain on the property. Storage of equipment and /or stockpiling of materials not directly associated with the fill operation shall prohibited. CONSTRUCTION WORKER RV SITE. Given that.live -in, on -site construction worker RV parking is proposed during construction of the site and potentially for two years thereafter, at a minimum Applicant shall. A. Limit the maximum number of RVs allowed at any one time to 50. B. As approved by the Eagle County Department of Environmental, Health provide and regularly maintain "porta- potties" or other waste disposal system/s in close proximity to the RV Site, or regularly maintain RV self - contained sanitation systems. C. Provide potable water delivery to RVs. D. Provide and regularly maintain a solid waste disposal dumpster in close proximity to the RV Site. E. Locate RV parking in such a manner that no fill of the site or relocation of the RVs during construction will be required. F. Make changes to the foregoing only with the approval of the Eagle County Department of Environmental Health and the Eagle County Community Development Department, NOTE: Where this PUD Guide is not specific, Eagle County Land Use Regulations shall apply. 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Thompson Certified Wildlife Biokoluist Western Ecosystems, Inc. 905 West Coach Road Boulder, Colorado 80302 FEBRUARY. 1998 r�'_.iTVVORIVER�1�.13�`1LDL R'�Y Wi!diife Issues and Mitigation TABLE OF CONTENTS Section Two Rrvers Village PLTD i Page 1.0 INTRODUCTION ............................... ............................... 1 2.0 PROJECT DESCRIPTION ........................ ................................ 1 3.0 METHODS .................................... ............................... 4.0 SIGNIFICANT WILDLIFE RESOURCE ISSUES ....... ............................... 3 4.1 HABITATS PRESENT .................... ............................... 3 4.2 THREATENED AND ENDANGERED SPECIES ............................... 4 4.2.1 Endangered Fish .................. ............................... 5 42.2 Bald Eagles ...................... ............................... 5 4.2.3 Other Federal Sensitive Species ....... ............................... 8 4.3 BIG GAME ............................. ............................... 8 4.4 RIPARIAN HABITAT ..................... ............................... 9 4.5 PUBLIC ACCESS TO THE COLORADO RIVER ............................. 11 5.0 IMPACTS AND MITIGATION .................... ............................... 11 5.1 Wildlife Mitigation Agreement ........................ . ...................... 11 5.1.1 Big Game Winter Range ........... ............................... 11 5.1.2 Riparian Habitat ................. ............................... 13 5.1.3 Dogs/ Pet Control ................ ............................... 14 5.1.4 Bears/ Trash Removal ............. ............................... 14 5.1.5 Fencing ........................ ............................... 16 5.1.6 Horses and Other Livestock ......... ............................... 16 5.1.7 Indemnification ................ ............................... 16 5.1.8 Additional Commitments ........... ............................... 17 5.1.9 Endorsement .................... ............................... 17 6.0 LITERATURE CITED ......................... ............................... 15 Western Ecosystems, Inc. i February, 1998 Wildlife Issues and Mitigation 1.0 INTRODUCTION Two Rivers Village PUD Development of Two Rivers Village PUD has been proposed on a 150 acre site at the confluence of the Eagle and Colorado Rivers, Dotsero, Eagle County, Colorado. This proposed PUD requires approval through the Eagle County planning process. On June 17, 1997, the Eagle County Board of County Commissioners (BOCC) unanimously approved an amended Sketch Plan for Two Rivers Village as a mobile home park and condominium complex, with four wildlife- related conditions. These conditions, as documented in Resolution 97 -108, dated August 11, 1997, include: "2. An Environmental Impact Report prepared by an independent, qualified professional consultant shall be required at Preliminary Plan; 9. The applicant shall consult with the Environmental Health Division concerning the development of adequate public water and sewage treatment systems. 10. No more than five single family units north of the interstate which shall be clustered in order to shorten the access road and the DOW concerns shall be directly addressed; 11. A method of allowing public access to the river shall be proposed." At the request of Isom and Associates, project planners, these and other wildlife- related issues are addressed in this report. A latter section of this report contains a draft Wildlife Mitigation Agreement. It is the intention that the project proponent and the Colorado Division of Wildlife (CDOW) will sign the final, mutually acceptable version of the Agreement, recognizing that when provisions of the Agreement are implemented, wildlife impacts associated with Two Rivers Village would be mitigated to the extent practicable. 2.0 PROJECT DESCRIPTION The Two Rivers Village PUD, as amended, proposes development of a mobile home park with 280 individual sites for mobile homes, a 100 unit condominium, a restaurant, a gas station /convenience store /rental office /employee housing (20 units), 60,000 square feet of retail commercial space, recreational facilities for fishing and swimming, a waste water treatment facility, and five single family homesites. Other infrastructure and proposal details are contained in the Preliminary Plan application (Isom and Assoc. 1998) Western Ecosystems, Inc. 1 Fcbruarv, 1998 Wildlife Issues and Mitigation P 3.0 METHODS 01 'Iwo Rivers Village PUD Wildlife surveys on and adjacent to the subject property were conducted on April 30, 1996. Surveys focused on (1) developing an ecological understanding of the project area, (2) discerning how key wildlife species seasonally use local habitats, (3) discerning how potential development areas would fit into the larger landscape, (4) evaluating how existing developments have affected wildlife use, and (5) determining how development on the property and adjacent developments could affect wildlife use. September and October 1995 CDOW Wildlife Resource Information System (WRIS) maps (CDOW 1993a,b,c,d,e,f 1994) and results of other wildlife studies in the Eagle Valley were used as a partial basis for the present wildlife analysis. CDOW WRIS maps and Eagle County wildlife maps (ARPS 1994) of the following species were reviewed: Colorado River cutthroat trout (Oncorhynchus clarki pleuriticus), Canada geese (Branta canadensis), bald (Haliaeetus leucocephalus) and golden eagles (Aquila chnsaetos), peregrine falcon (Falco peregrinus), sage grouse (Centrocercus urophasianus). great blue heron (Ardea herodias), Canada lynx (Felis lyw: canadensis), elk (Cervics elaphus), mule deer (Odocoileus hemionus), bighorn sheep (Obis canadensis), mountain goat (Oreamnos americatzus), and riparian areas. Potential impacts on existing wildlife use patterns were based on (1) the development proposal, (2) published scientific information, existing guidelines and agency standards, (3) February 14, 1996 and June 8, 1997 letters from the CDOW to Paul Clarkson, (4) a February 22, 1996 letter from the Bureau of Land Management (BLM) to Paul Clarkson, and (5) a May 3, 1996 discussion of wildlife concerns with Mr. Larry Green, local CDOW District Wildlife Manager. Potential impacts were assessed largely on the following considerations: (1) the relative importance (from legal, biological, and public interest perspectives) of the' species or wildlife group being affected (e.g., an endangered species vs. a common, nongame species); (2) the spatial and temporal extent of disturbance relative to the amount and importance of seasonal habitats biologically required by, and available to, a species; (3) the effect of the disturbance relative to existing disturbances; and (4) what the species or wildlife group can tolerate and adapt to without adverse impact. Proposed mitigation was based upon guidelines in the December 1995 Eagle County Draft Master Plan (ARPS and ECDCD 1995) and applicable informal standards that have evolved with other Eagle County PUDs, modified by site - specific resource characteristics. Western Ecosystems, Inc. 2 February, 1998 Wildlife Issues and Mitigation P Two Rivers Village Ptl,) 4.0 SIGNIFICANT WILDLIFE RESOURCE ISSUES "Significant wildlife resources refers to those wildlife species and issues that will be of high biological, political, and public interest as a result of the proposed development. Individual wildlife species and groups not specifically mentioned in this assessment are not "insignificant ", they are just not presently at issue because of existing habitat values on -site and /or because the development plan would avoid or minimally impact such species and their habitats. Many 'of the life history requirements of these unmentioned species, and the protection of biodiversity values, will be accommodated through the designation of open space and the implementation and enforcement of protective covenants, deed restrictions, and /or the Wildlife Mitigation Agreement. There are several significant wildlife issues associated with the proposed development of Two Rivers Village. Each of these issues and background information on the species/ wildlife group is discussed below. Additional, minor wildlife issues associated with the development proposal are discussed in subsequent sections. 4.1 HABITATS PRESENT The proposed Two Rivers Village is surrounded on three sides by a south and westward bend in the Colorado River at the Eagle River confluence. The majority of the property is. located south of Interstate 70 (I -70) on a floodplain terrace. Most of the alluvium composing this terrace has been removed as part the Two Rivers Pit gravel operation. With the exception of riparian vegetation along the terrace's interface with the Colorado River and that within unmined areas which has survived beaver (Castor canadensis) foraging, there is no native vegetative community on the property south of the interstate. This portion of the property now largely consists of unreclaimed gravel pits that have filled with groundwater, gravel stockpiles, unreclaimed fill areas, inactive gravel operation facilities, construction storage areas, and an abandoned tree nursery. The riparian community is dominated by sapling to mature narrowleaf cottonwoods with a willow shrub understory. Other less common species include hawthorne, rose, Russian olive, and salt cedar. The riparian community is widest (approaching 200 feet) on the east tip of the property opposite the Eagle River's mouth. Elsewhere on the property the former riparian community has been removed by mining and restricted to a steep, narrow (averaging <_ 20 ft. wide) area on the south side of a berm that was constructed to keep flood waters out of the mine. Beavers have adversely affected remaining cottonwoods and have cut down some with diameters (dbh) of 36 inches. Several active trails occur across the berm south of the eastern pond. which heavers use to haul branches to the river. Western Ecosystems, Inc. 3 Februarv, 1998 Wildlife tssaes and Mitigation ? Two Rivers village PUD C/ The 60 acres of the property north of I -70 and State Highway 6 is an undisturbed. pinyon juniper woodland on steep, south - facing. erodible, Belden Formation colluvium. Canopy coverage and understory development within this native habitat varies. In areas of greater canopy coverage the herbaceous and shrubby understory is poorly developed. In more open areas along the toeslope of this parcel and in areas of greater soil accumulation with higher moisture content, the herbaceous and shrubby understory is better developed. Dominant shrubs in this latter area include mountain sagebrush (Seriphidium vaseyanum), big sagebrush (S. tridentatum), four -wing saltbush, rubber rabbitbrush. Greasewood and juniper are subdominant. The herbaceous understory is dominated by Indian ricegrass, cheatgrass, crested wheatgrass, and annual weeds. 4.2 THREATENED AND ENDANGERED SPECIES The following threatened, endangered, and candidate wildlife species were those considered that could be affected by direct, indirect, and cumulative effects associated with the proposed Two Rivers Village development. Colorado squawfish, PAchocheilus lucius Bonytail chub, Gila elegans Humpback chub, G. cypha Razorback sucker, Xyrauchen texatIU,4 Bald eagle, Haliaeetus leucocephalus Peregrine falcon, Falco peregrifucs Southwestern willow flycatcher, Ernpidonax trailii extimus Roundtail chub, G. robusta Flannelmouth sucker, Catostomus latipinnis Colorado River cutthroat trout, Oncorhynchus clarki pleuriticus Boreal western toad; Bufo boreas boreas Northern goshawk, Accipiter gentilis Ferruginous hawk, Buteo regalis White -faced ibis, Plegadis chihi Mountain plover, Charadrius montanus Black tern, Childonias niger North American lynx, Felis lytzx canadensis North American wolverine, Gulo gulo lusCUS (federal endangered) (federal endangered) (federal endangered) (federal endangered) (federal threatened) (federal threatened) (federal endangered) (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate') (federal candidate ") ' The USFWS has discontinued the use of C2 candidate species. Unless proposed for listing, such species will likely become Species of Special Concern (SSC). Western Ecosystems, Inc. 4 February. 1998 Wildlife Issues and Mitigation PI : Two Rivera Villagc PUD 4.2.1 Endangered Fish The Colorado squawfish, bonytail chub, humpback chub, and razorback sucker occur far downstream from the project area in the vicinity of, and below, Grand Junction. However, water depletions and water quality degradation in the upper Colorado River basin has adversely affected these endangered fishes. The project controls sufficient water rights such that its implementation would not result in water depletions to the upper Colorado River basin as a result of drawing water out of the river alluvium in a centralized well field (WWE 1997, S. Isom, Isom & Assoc. pers. comm. Jan. 23, 1998). The project would, therefore, have no effect on the above fish species. 4.2.2 Bald Eagles Approximately 600 -800 bald eagles annually winter in Colorado. These eagles generally arrive by November 15 and depart around March 15. Wintering eagles are generally associated with river systems and reservoirs, particularly early in winters, before freeze - up. Fish and waterfowl represent a majority of the early winter diet. Big game, rabbits and hares, and road - killed and hunter - killed wildlife become increasingly important in late winter. No known bald eagle nests, communal or non - communal roosts, or other specifically mapped, bald eagle feature are known to occur in the vicinity of the Two Rivers PUD. In recent years an increasing number of wintering eagles have found conditions suitable for nesting and have remained to breed. Fourteen pairs nested in the state in 1993 (G. Craig, CDOW, pers. comm). Nesting birds are thought to be members of the northern subspecies which wintered here and found conditions suitable for reproduction. These nesting birds tend to become year -round residents. The closest known active nest site is west of Glenwood Springs. Approximately 13 years ago, a bald eagle nest was reported from between Wolcott and State Bridge, however, a nest search failed to locate any eagle nest (G. Craig, CDOW, pers. comm.). More recently, Bill Heicher (Aug. 30, 1995, pers. comm.) observed a pair of wintering bald eagles in the vicinity of Eagle, courting as late as the end of April before they were thought to have migrated back north. In 1992, a pair of eagles north of Carbondale exhibited similar "housekeeping" behavior at a historic eagle nest. Current CDOW WRIS maps identify bald eagle winter range as extending along the Colorado and Eagle Rivers and including that portion of the property south of I -70. No nest sites, roosts, or other bald eagle use areas are identified on WRIS maps, or in the wildlife maps that were part of an earlier (July 1994) Eagle County Draft Master Plan (ARPS 1994). The CDOW (1993d) provides the following definition of bald eagle winter range: Western Ecosystems, Inc. 5 Februarv, 1998 Wildlife Issues and Mitigation Two Rivers Village PUD "Those areas where bald eagles have been observed between November IS and April 1." In their February 14, 1996 letter, the CDOW identified the periodic use of cottonwoods along the southern edge of the property by wintering bald eagles. Such use is not disputed. Indeed, two bald eagles were observed by the author on a frozen pond east of the project area several times in January 1996 feeding on a deer carcass. The large cottonwoods on and surrounding the property are occasionally used by low numbers of bald eagles over winter as perches from which they hunt waterfowl and fish in the lakes on the property (before freeze -up) and on the Colorado River. Relatively large numbers of bald eagles may also fly over the property since the Colorado and Eagle Rivers represent a major flight corridor. There are no bald eagle roosts identified on or near the project area on current CDOW WRIS maps or on wildlife maps that were part of an earlier (July 1995) Eagle County Draft Master Plan. However, the County Master Plan (and CDOW) include hunting and resting perches in their definition of roost sites. The Master Plan further requires that such sites, if designated on their Critical Wildlife Habitat Map, be avoided by development so as to preserve the site's functional value. The CDOW (1993d) provides - the following definition of a "night roost site ": "Groups of or individual trees that provide diurnal and /or nocturnal perches for one or more wintering bald eagles; includes a buffer zone extending '/a mile around these sites. These trees are usually the tallest available trees in the wintering area and are primarily-located in riparian habitats. I[n] Colorado, cottonwoods are [the] most commonly used roost site species. Open canopy trees are used for diurnal and warm night perches (when dawn and /or dusk temperatures exceed 20 degrees F) and closed canopy or protected trees are used primarily for cold weather roosts. (when dawn and /or dusk temperatures are below 10 to 20 degrees F). Activity should be eliminated within '/a mile radius of winter roosts between November 15 and March 15. Development may be permitted at other periods. If periodic visits are required within the buffer zone after development, activity should be restricted to the hours of 1000 and 1400 from November 15 and March 15." Most raptor biologists consider roosts to be those trees where birds spend the night, which often provide important thermal benefits, not diurnal hunting perches and loafing sites. The above CDOW definition, and, therefore, the County's definition, encompass these two latter perch types. The biological significance of roosts vs. other perches is considerable and warrants distinction. As such, while the perches used by bald eagles along the Colorado River may be considered roosts according to CDOW definition, these trees are not used as overnight perches. Western Ecosystems, Inc. 6 February, 1998 WIldlife Issues and hittigation ,' Two Rivers Village PVD In Northwest Colmradu, bald eagles primarily use cottonwoods as roosting sites. Trees are generally in mature to decadent structural stages, taller than surrounding trees, have an open branch structure, and have relatively clear flight paths to and from them. Conifers with these characteristics are theoretically more beneficial during cold or harsh weather by providing less drafty and warmer microhabitats, however, conifers are uncommonly used for roosting (CDOW 1994). Although areas along rivers are used as roost sites, these sites are some of the coldest locations in mountain valleys because of cold air drainage. Another important characteristic of roost sites is that they are almost always isolated from human activity areas. The County Master Plan includes bald eagle roosts (whose definition includes perches) as a "critical habitat" whose functional value should be maintained. It is unclear if this designation would apply to those mature cottonwoods on the property, since (1) they are not delineated on CDOW or County maps, (2) they are hunting perches, not roosts, and (3) the cottonwoods are not "critical" to the survival of one or more bald eagles. If the County decides that the functional value of these cottonwoods warrants protection, the County should (1) be prepared to map and defend all such cottonwoods along the major rivers and creeks in the Coun , and (2) inform the beavers who have already girdled the trees in question and are well on their way to removing the rest of the trees on the property. The pragmatic value of maintaining he functional value of the remaining mature cottonwoods along the river is also questionable. Implementing the CDOW's (1993d) recommendation of a 1,320 foot ouf ?er zone around these trees would preclude development from all but appro\limlately 10 of the 90 acres south of 1.70. This seems unduly onerous given the significancee of the_* 4 months of bald eagle use per year. The present development plan wou'16 locate most structures associated with the Village no closer than approximately 500 to 1,100 feet from the cottonwoods on the eastern portion of the project. This will likely provide an adequate buffer for eagles during the low use, winter recreation period, as long as people do not hike along the edge of the river. One person hiking along the river.will displace all eagles from the property for some period of time. As a worst case scenario, complete abandonment of the lakes (which freeze -over during the majorin, of the winter eagle residency period) and cottonwood perches on the parcel, eagles would still be able to hunt the Colorado River from some cottonwood perches or. the south side of the river. The proposal will clearly not benefit wintering bald eagles. but it is also unlikely to reduce the number of eagles which locally winter in this area. Protecting existing cottonwoods from beavers (discussed below) would 'help maintain eagle habitat on the property. Western Ecosystems. Inc 7 February, 1998 Wildlife ]&sues and Mitigation PI Two Rivers Village PUD 4.2.3 Other Federal Sensitive Species None of the other Federally - listed or SSC species identified above would be affected by the proposed development because they do not occur on -site, they have no affinities to the types of habitats now present, the site is beyond the known range of the species. and /or the proposed development would not adversely affect the rare, potential use that might occur (e.g., such as that by the black tern). 4.3 BIG GAME Current CDOW WRIS maps do not identify the portion of the property south of I -70 as any designated deer habitat, but identify the area north of I -70 as deer winter range, winter concentration area, severe winter range, and critical habitat. The CDOW (1993a,b,c,f) defines the above seasonal big game ranges as follows: Winter Range That portion of the home range where 90% of the individuals are located, from December 15 to April 30 for elk and December 1 to May 15 for deer, during the average five winters out of 10. Winter Concentration Area That part of the winter range where densities are 200% greater than the surrounding winter range during the winter range occupancy period and during the average five winters out of 10. Severe Winter Range That part of the winter range where 90% of the individuals are located when the annual snowpack is at its maximum during the two worst winters out of 10.\ The WRIS maps also suggests that the area is part of a general east -west movement corridor that deer use to move between summer and winter ranges. These designations are generally valid, although there was a moderate amount of deer pellets observed on the southern parcel during the field survey, most of which were concentrated along the river berm, adjacent the narrow riparian corridor. The I -70 deer fence is located just north of Highway 6 and runs through the property's northern parcel. This fence restricts, but does not block, big game movements. Current CDOW WRIS maps identify the portion of the property south of I -70 as elk winter range and that portion north of I -70 as winter range, severe winter range, and critical habitat. These designations are generally valid, although there is not much forage or bedding values on the mined landscape that dominates the southern parcel. Western Ecosystems, Inc. 8 February, 1999 Wildlife Issues and Mitigation P Two Rivers village PUD Principal big game issues associated with the proposal include (1) maintaining critical winter ranrye functions on the northern part of the property where five single family homes are proposed, (?) maintaining the integrity of the I -70 deer fence, and (3) indemnifying the CDOW of game damage on the PUD. The proponent has clustered the location and configuration of single family homes as proposed in the Preliminary Plan (Isom and Associates 1998). The five homesites have been removed from their previous locations in the pinyon juniper habitat at upper elevations of the northern parcel 'and relocated to a clustered configuration in relatively gentle terrain (below approximately 6,320 feet) on the eastern portion of the northern parcel). Access to homes would be via short driveways off a common road connecting with the road *o Bond. Building envelopes will be limited to 15,000 square feet on each lot. No structures or habitat disturbance will be permitted outside of designated building envelopes, with the exception of driveways, utilities, and infrastructure. Such disturbances outside of designated building envelopes will be revegetated within the growing season with native plant species. Rather than relocating the I -70 deer fence uphill of this clustered configuration and loosing the habitat value of this entire five unit subdivision, it is recommended that a cattle guard (and other barriers to deer movements deemed necessary by the CDOW) be installed on the subdivision access road where the road crosses through the existing deer fence. The proponent will also indemnify the CDOW of any and all game damage that occurs on the single family lots and elsewhere on the PUD. Other measures (detailed in Wildlife Mitigation Agreement section) will be required to further minimize wildlife conflicts. This modified proposal has minimized habitat losses, reduced habitat fragmentation, concentrated development impacts more within an existing disturbance area along Highway 6 and I -70, removed homes from a larger portion of a potential movement corridor, and allowed the present level of big game use to continue on the property in perpetuity. However, there would still be a small net loss of designated critical big game winter range. The County Master Plan requires development to maintain this critical function. Therefore, to compensate for the small remaining habitat loss, a one time voluntary contribution will be made to the Colorado Wildlife Heritage Foundation (CWHF) Eagle County (North of I -70) Trust Fund. Interest and /or principal generated by this fund shall be spent only in Game Management Unit 34 to benefit animals in the herd actually affected by habitat loss on Two Rivers Village. This approach should maintain the functional value of the affected winter range and bring these single family homes in compliance with the County Master Plan. 4.4 RIPARIAN HABITAT It is in the best interest of the proponent to maintain whatever trees, shrubs, and other riparian habitat that exists on the denuded southern parcel. The Owner will establish Western Ecosystems, Inc. 9 February, 1998 Wildlife Issues and Mitigation C 1 011 Two Rivers Village PUD non - development setbacks extending from the edge of the Colorado River to the furthest extent of existing (1996) riparian vegetation from the river. This setback shall not be less than 50 feet. On the eastern side of the property, the width of the riparian corridor approaches 200 feet. Riparian vegetation includes, but is not limited to narrowleaf cottonwood, willow, and Russian olive trees, and willow, hawthorn, dogwood, rose, chokecherry, salt cedar, and other shrubs. With the exception of Russian olive trees and salt cedar shrubs (both invaders which out compete native species and provide lower wildlife values), riparian vegetation will be maintained unless leaning or beaver cut trees pose a risk to public safety or property. In those circumstances, individual trees may be removed. It is strongly recommended that the proponent act swiftly to limit further beaver damage to woody riparian vegetation, particularly to the dwindling number of cottonwoods on- site. Beavers eat trees and shrubs and may travel several hundred yards from the river to do so. Locating attractive landscaping on or adjacent to such areas will result in the eventual loss of landscaping unless landscaping is fenced. Landowners are allowed to manage problem beavers on their property. However, there will always be beavers. in the Colorado River and those removed from the population will be replaced by other beavers from adjacent, unmanaged areas. Minimizing the loss of native trees and woody landscaping on the property will be an ongoing problem. As recreational use of the property increases, viable management options will decrease. Two viable management options are now available: (1) exclude beavers from the entire property with a perimeter fence along the Colorado River or (2) fence all trees and shrubs within at least 50 yards of the river that management does not want chewed down. The first option could be accomplished with a 36 inch tall sheep or pig wire fence (consisting of 4 inch square mesh) supported with metal fence posts. The fence should be located on the south - facing slope of the berm along the Colorado River and above the high water mark. A fence this tall would not restrict most wildlife movements nor fisherperson access to. the river (i.e., they could step over it). It would be tall enough to exclude beavers, which climb poorly, except possibly in localized areas with deep winter snows when beavers are active above ground! water. A 42 inch fence would better exclude beavers, but it would also restrict wildlife and fisherperson access. Fencing individual trees and shrubs would involve greater effort and materials cost, but would avoid movement restrictions. Individual trees would be loosely, double- wrapped with sheep fencing and the fencing secured so the tree and wire could expand as the tree grows. Relatively dense clumps of trees could also be fenced using metal fence posts or the outer trees for supports. While the CDOW will not be held liable for such heaver damage, they will assist landowners with ways of reducing damage. Western Ecosystems, Inc. 10 February, 1998 Wildlife Issues and Mitigation Two Rivers Village PUD 4.5 PUBLIC ACCESS TO THE COLORADO RIVER A condition of Sketch Plan approval included the proposal of a method allowing public access to the Colorado River. The present development proposal is for a private, commercial, recreational facility. For a small fee, the public can use these facilities. The proponent is proposing access to the Colorado River for the paying public. Other public access would present management difficulties (e.g., keeping the non - paying public from using resort facilities) and would conflict with the basic premise of the development. 5.0 IMPACTS AND MITIGATION 5.1 WILDLIFE MITIGATION AGREEMENT This section has been prepared as a draft Wildlife Mitigation Agreement outlining the commitments Two Rivers Investment Company Park agree to for avoiding, minimizing, and mitigating impacts associated with the proposed development. It is anticipated that the Colorado Division of Wildlife (CDOW) will sign this agreement, recognizing that if this plan were implemented wildlife impacts associated with the development would be mitigated to the extent practicable. Two Rivers Investment Company, the property owner (hereinafter "Owner "), its successors or assigns, including a Property Owners Association which might undertake some or all of the Owner's commitments, as delineated below, and the Colorado Division of Wildlife (CDOW), hereby agree to the following wildlife mitigation measures in conjunction with the Two Rivers Village Planned Unit Development (PUD), Eagle County (County), Colorado. This commitment will be executed at or before approval of the first Final Plat by Eagle County. By signature below, the- CDOW recognizes that the measures herein committed to adequately mitigate wildlife - related impacts associated with development and use of Two Rivers Village. 5.1.1 Big Game Winter Range Two Rivers Village has modified the location and configuration of single family homes, as proposed in the Preliminary Plan (Isom and Associates 1998). The five homesites will be relocated to a clustered configuration in relatively gentle terrain, below approximately 6,320 feet, on the eastern portion of the northern parcel. Access would be via short driveways off a common access road. Building envelopes will be limited to 15,000 square feet on each lot. No structures or habitat disturbance will be permitted outside of designated building envelopes, with the Western Ecosystems, Inc. 11 F=ebruary, 1998 Wildlife Issues and Mitigation P Two Rivers Village PUD exception of driveways, utilities, and infrastructure. Such disturbances outside of designated building . envelopes will he revegetated Within the growing season with native plant species. Rather than relocating the I -70 deer fence uphill of this clustered residential configuration and loosing the habitat value of this entire subdivision, it is recommended that a cattle guard (and other barriers to deer movements deemed necessary by the CDOW) be installed on the subdivision access road where the road crosses through the existing deer fence. A portion of the existing I -70 deer fence would be relocated by the Owner to jog uphill of the six acre school site. The continuity of this fence is required to maintain motorist safety along I -70 and to minimize big game highway mortality. The relocated fence would also function to limit school influences extending off -site. This modified proposal would minimize habitat losses, reduce habitat fragmentation, concentrate development impacts within an existing disturbance area along Highway 6 and I -70, remove homes from a potential movement corridor, and allow the present level of big game use to continue on the property in perpetuity. However, there would still be. a small net loss of designated critical big game winter range. Guiding Policy 1. of the County Master Plan (Page 61) is to "protect, maintain, and enhance critical wildlife habitat areas. Avoidance of critical wildlife habitat areas by development is the County's preferred approach. When avoidance is not feasible or conflicts with other County policies," development is required "to be so located, designed and used that the functions the critical habitat serves for each species are preserved..." This is usually accomplished via compensation, where impacts in one area are offset via habitat enhancement in adjacent areas. This works well in theory so long as there are adjacent habitats to enhance, however, there is still an inevitable net loss of habitat. Regrettably, there is no practical way of replacing lost winter range. To compensate for the small remaining habitat loss, a one time voluntary contribution will be made to the Colorado Wildlife Heritage Foundation (CWHF) Eagle County (North of I -70) Trust Fund. Interest and /or principal generated by this fund shall be spent only in Game Management Unit 34, 25, or 35 to benefit animals in the herd actually affected by habitat loss north of 1 -70 on Two Rivers Village. Enhancement of adjacent, undisturbed winter range, through fertilization, burning, shrub manipulation, etc., is an effective compensatory approach that can be implemented on -site and on adjacent properties to accommodate animals displaced from the single family homesites. On -site mitigation generally has the highest efficacy, followed by mitigation or enhancement in adjacent areas. Dispersement and use of funds shall be overseen by the CDOW. This approach should maintain the functional value of the affected winter range and bring these single family homes in compliance with the County Master Plan. Western Ecosystems, Inc. 12 February, 1998 Wildlife Issues and Mitigation I/ Two Rivers "illa:e 1 ""D The proposal before the County would result in the loss of 9.56 acres of native habitat or the property designated as critical No game winter range. Approximately 2.3 acres woul.' be associated with the five single family building envelopes and disturbances associated with driveways and utility corridors. Approximately 1.56 acres would be associated with the access road, cut and fill slopes, and the water tank. The remaining 6.0 acres would be associated with the school site. Compensation, based on (1) the loss of 9.8O acres of winter range, (2) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected, (3) current fertilization costs of $63.00/ acre, and (4) an interest rate of 5 %, would require annual payments (in perpetuity) of $975.25, or a one -time payment of principal totalling $19,505.05 (in 1998 dollars) to be made into the North I -70 Wildlife Trust Fund (to be administered by the Colorado Wildlife Heritage Foundation [CWHF]). Interest generated by this fund will be used for CDOW authorized wildlife enhancement projects in the Gypsum - Dotsero area. Initial or one -time compensatory payment is due before Final Plat approval, since it will take three years to generate enough interest for the first enhancement effort. Mitigation efforts should primarily focus on those animals affected by the Two Rivers Village development, but if this is not possible, adjacent habitats and big game populations should be targeted. Dispersement of funds will be overseen by a committee composed of representatives from the CDOW, Bureau of Land Management (BLM), U.S. Forest Service (USFS), and County. The BLM and USFS will he included because their adjacent lands are important for existing and future wildlife mitigation efforts. The committee will decide by consensus on what, when, and how enhancement projects will be conducted. 5.1.2 Riparian Habitat The Owner will establish non - development setbacks extending from the edge of the Colorado River to the furthest extent of existing. (1996), continuous riparian vegetation from the river. This setback shall not be less than 75 feet. On the eastern side of the property, the width of the riparian corridor approaches 200 feet. Riparian vegetation includes, but is not limited to, narrowleaf cottonwood (Populus angustifolia), willow (Saliz spp.), and Russian -olive (Elaeagnus angustifolia) trees, and willow (Salix spp.), hawthorn (Crataegcts spp.), red -osier dogwood (Conies stolonifera), Wood's rose (Rosa woodsii), chokecherry (Pnuucs virginiana), salt cedar (Tamariz pentandra), and other shrubs. With the exception of Russian -olive trees and salt cedar shrubs (both invaders which out compete native species and provide lower wildlife values), riparian vegetation will be maintained unless leaning or beaver -cut trees pose a substantial risk to public safety or property. In those circumstances, individual trees may be removed. Western Ecosystems, Inc. 13 February. 1"198 Wildl;le issues and Mitigation I 1 G' Two Rivers Village Pt;,) 5.1.3 Doss;" Pet Control Owners of the five single family lots located north of Highwav 6 will he permitted to ha% up to two dogs and offspring up to three months old. These owners will be prohibited from harboring dogs on their property unless they have adequate facilities (i.e., animals are kept in the home, a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the lot's building envelope, and shall not exceed 1,000 square feet. Homeowners are encouraged to completely enclose runs (including tops) to protect dogs from possible mountain lion predation. If facilities are inadequate to contain the resident's dog(s), the animals will be immediately removed from the subdivision until adequate structures can be built. With the exception of owners of the five single family lots, permanent residents may keep pets, but they must be on a leash at all times they are outside . At no time are any does to be allowed to run freely on the property. When not in the facility's exercise yard or when beyond the property line of single family lot owners, dogs must be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative. Noisy or unruly pets, or pets that have initiated complaints. will not be allowed to remain on the property. Contractors, subcontractors, and delivery people shall be prohibited from bringing does onto the Two Rivers Village PUD, even if dogs would be kept inside vehicles. Violation of the dog policy by a person(s) other than a resident of Two Rivers Village shall result in the immediate eviction of the dog and the dogs owner or representative from the property. Employees, residents, and guests of Two Rivers Village will be educated regarding the dog policy. Homeowners should be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. Dog provisions should be incorporated into the Village's Roles and Regulations, which will be provided to all guests. The Owner and /or Property Owners Association shall be responsible for enforcing dog and pet covenants. Stray dogs may also be controlled by the County and CDOW. Homeowners, guests, or other dog owners not in compliance with these dog restrictions will be responsible for any and all costs incurred by the Owner, Property Owners Association, County, and /or CDOW for enforcing these provisions. 5.1.4 Bears/ Trash Removal Two Rivers Village is located in the vicinity of high quality black bear habitat. Most bears do not cause damage where such developments have encroached into bear habitat. Western Ecowstems, Inc. 14 I chruary, I'l4ti Wildlife Issues and Mitigation P Two Rivers Village I'll') The key is that if a hear doesn't find food it will move on. Black hears are omnivorous and while they mostly eat vegetation, they will eat almost anvthino. They ill eat humat� food, garbage, hummingbird nectar, bird seed, pet food, grease off grills, suntan lotion etc. Garbage generally provides the greatest attraction for bears to residential developments. Once a bear has found an easily accessible, consistent food source, it will often overcome its wariness of people and visit the site regularly. This increases the chance of a bear -human encounter. After repeated use of the food source, the bear may even act aggressively toward residents, guests, their pets, or their unsuspecting neighbors. When this happens and wildlife authorities are notified, the bear is usually killed to . protect human safety. The following measures will be required to reduce potential bear problems: 1. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g.. overnight), at any residence, or anywhere within the development, unless it is contained within individual bear -proof containers which meet North American Bear Society, CDOW, or U.S. National Park Service specifications. These containers presently cost around $300.00 and can contain one 32 gallon trash can. They are nonmobile and are generally cemented on a stand.at the junction of a resident's driveway and the local road. Most homeowners need two containers. Otherwise, garbage should be kept indoors and disposed of in community dumpsters. At the first report to the CDOW of a garhage- related bear incident on the property, the CDOW will analvze the incident to determine if all community dumpsters should be replaced with bear -proof trash containers which meet North American Bear Society. CDOW, or U.S. National Park Service specifications. 2. For single family lots, prior to disposal, any refuse that might attract bears should be kept within the garage in a suitable receptacle with a tight - fitting lid. Refuse should not be kept within detached garages or sheds because these structures are more likely to be broken into by bears. Trash containers should be taken to the collection points (e.g., the end of driveways) the morning of collection. However, following these recommendations may not eliminate bear problems. Bears have broken into attached residential garages in the surrounding area for garbage. Bear - proof containers are the most secure approach to garbage disposal. 3. There shall be no dumps or underground disposal of refuse within the development. Buried garbage will attract hears. 4. Residents will be prohibited from using a garden compost pile, unless the compost pile is bear - proof, meeting North American Bear Society, CDOW, or U.S. National Park Service specifications. Residents will also be educated that household and garden waste contributions to compost piles compose the materials that can attract bears and other Western Ecosystems, Inc. 15 February. 1998 Wildlife Issues and Mitigation P Two Rivers village M'D nuisance wildlife (e.g., skunks), creating conflicts. Composted yard waste consisting of leaves, grass, small branches, etc. do not usually attract bears. 5. Pets shall not be fed outside. Bowls of pet food left on the back deck will attract hears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry disease that can be transmitted to pets, if the pets aren't eaten. 6. With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife is illegal and will be prohibited. 5.1.5 Fencing Fencing will be restricted throughout the development to facilitate local and micyratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Owners of single family lots will be permitted a privacy fence to enclose up to 2.500 square feet, provided it is immediately adjacent to the house and it is entirely within the designated building envelope. If fencing along the BLN1 property line is required to contain livestock (i.e., sheep or cattle) grazing on BLM land, construction, specifications, and maintenance of such a fence shall be the responsibility of BLM. It is assumed that any such fence will be compatible with wildlife movements so as to permit continued wildlife use of the private Two Rivers Village property that occurs north of the 1 -70 deer fence. 5.1.6 Horses and Other Livestock It shall be expressly prohibited to board, keep, or harbor any livestock, including, but not limited to horses, within the Two Rivers Village PUD, to minimize habitat loss and reduced habitat availability as a consequence of fencing. 5.1.7 Indemnification The Owner shall indemnify the CDOW of any and all wildlife damage claims that occur on the single family lots and elsewhere on the PUD. This commitment should be provided to residents of the five single family lots and to any other permanent residents on the property. Western Ecosystems, Inc. 16 1=ebruarv, 19'P1 CJ Vkildlite issues and Mingattnn Ilan TKO R:vers Village 0 5.1.5 Additional Commitments The wildlife - oriented commitments, as set forth ahoye to this Agreement, shall not be amended without the written consent, of the CDOW, County. and the Owner. This emrre wildlife mitigation plan and, specifically, those sections addressing dogs, fencing, and bears, can be enforced by the CDOW and1 or County as part of the PUD. Copies of this final signed Agreement shall be provided to all prospective permanent residents of the development With initial contract documents and at the time of closing. 5,1.E Endorsement By its execution of this document, the CDOW hereby agrees that the wildlife impacts associated*with development of Two Rivers Village have been, and would he, adequately mitigated if this plan were implemented, and further hereby recommends approval of the development proposal and mitigation plan. If our agreement is correctly set forth above, please execute and return to the undersigned one copy of this letter. Sincerely, William m A. Stephens Two Rivers Village Development CO., LTC Annalies 5. Stephens Ken. {riz, WaiAzger - Accepted and agreed to this day of Colorado Division of Wildlife IMA Name and Title of Authorized Official Accepted and agreed to :his day of Western Ea7ay:tems, Inc. 1? TM 3�lV= S317ICOSSti Jkt. WOSI 199 February, IVP, 99791 %.E -rl� 9T :9T Fi7,3•_Ib0ICT Wildlife Issues and Mitigation P 6.0 LITERATURE CITED Two Rivers village PUD Alan Richman Planning Services. 1994. Draft Eagle County Master Plan: a bridge to the future. Alan Richman Plan. Serv. Aspen, CO. 77 pp. (July) Alan Richman Planning Services and Eagle County Department of Community Development. 1995 Eagle County master plan: a bridge to the future. Alan Richman Plan. Serv., Aspen, CO. 96 pp. (December) Colorado Division of Wildlife, 1993x. Wildlife Resource Information System scenario - draft, mule deer, vers. 02- 24 -93, Data Analysis Unit D -43, Game Management Units 25, 26, and 34. Colorado Div. Wildl. 3 p. Colorado Division of Wildlife, 1993b. Appendix A, WRIS elk seasonal activity areas, February, 1993. Colorado Div. Wildl. 2 pp. Colorado Division of Wildlife, 1993c. Appendix A, WRIS mule deer seasonal activity areas, February 1993. Colorado Div. Wildl. 2 pp. Colorado Division of Wildlife, 1993d. Appendix A, WRIS bald eagle seasonal activity areas, version: April 1993. Colorado Div. Wildl. 3 pp. Colorado Division of Wildlife, 1993e. Appendix A, WRIS Canada goose seasonal activity areas. Vers: 070193. Colorado Div. Wild]. 2 pp. Colorado Division of Wildlife, 1993f. Wildlife Resource Information System - draft scenario, vers: 10- 26 -93, Data Analysis Unit E -6, Game Management Units 12, 13, 131, 211, 231, 23, 24, 25, 26, 33, 34. Colorado Div. Wild]. 3 pp. Colorado Division of Wildlife, 1994. Appendix D, Bald eagle WRIS mapping scenario, 1994, Northwest Region. Colorado Div. Wildl. 3 pp. Isom and Associates. 1998. PUD Preliminary Plan: Two Rivers Village, Dotsero, Eagle County, Colorado. Isom and Assoc. Eagle, CO. Wright Water Engineers. 1997. Two Rivers Village water rights. Wright Water Engineers. Oct. 6. western Ecosystems, Inc. 18 Fehruarv, 1995 `ti , i �. �yq. -. Y raj. 1 M 40 k Rol Ro11ue�: GoienwT DEpAit;TME:,'j• pF NATURAL RESOURt:: Ui OD4� DI'IVISION OF WILDLIFE A•I rq Ai. r,rwikAUNI Y �11'U Y%" 'f�IrttR•1AC- 13U!) 29'7 -f . ._ �� .;�i�i /. SCi6l,S Hititw ■v�+ 7� G:c .wthvi Spring %. ( 0 tltM$l -�Oi W —• ?R 7,inc IJ. IT)s Pitu; Clarkxw- Eagle Couniv CuizuMtuuty DeveicxlwReiu RE: Two Rivers Viila#'o PUD Prelimilury Plan T-)4ar Mr. ClarUon, The Divisive of Wildiifc, AftrrcviewitgtheprM)&W Two Rivers Villagc PUD Preliminary 'Plaw. Hrrm,- Lhat the wildlife micigarkv plan currady aftZered by the proponent is swtisfac:tolT, However. the Divisi+ia of Wildlife wotdd like the opportunity to nwiew arty cliao8cs in the wildlifie mitigalke plan that Are mxdt nr o tered by the prupcnmut or lragle Couttty up m mview of The prelimic mrN, plan or zone chanEc:. SiuctTC.1 Larcj' � Grr:+:n District Wildlife Manage. ce• Ni. Kuni0il filC " RECEIVED Fa 31LE COUNTY t°P11 rmwdITY s1F1 wH#01MRN*'t• �s DEPARTtvt WT ew au►MXAL RPM, WRCH5, J- Ladwe.d. rA1M#1ve L%fCC or •' L' `Cr •. .fir - r rrr wr. rv%u&a I--I iw.. * ..._t_..rw._t­ . . s9_i 7 .90.r •n — • . — - Z A= 30 June 1998 Paul Clarkson Eagle County C -J I sicw�s+c Cr ISOM & ASSOCIATES Architecture Land Planning Project Management Department of Community Development P.O. Box 179 Eagle, CO 81631 RE: TWO RIVERS VILLAGE Dear Paul: *0 ✓G`� 3 'Z4 C' This letter is in regard to your memorandum of June 16, 1998 concerning Two Rivers preliminary plan and subsequent information sent to us on June 17, 1998 dealing with the School District and the 208 plan by the North West Colorado Council of Governments. I realize these are informal comments that will be put in a more formal format in the near future but I thought I would begin to address some of the concerns or at least give our thoughts on some of the issues. First, regarding the School District, the applicant and I met with John Hefty and Karen Strakbein when we started this project to determine if we needed a school site. It was John Hefty's opinion that they would prefer to expand the existing school in Gypsum rather than build a new school in Dotsero, but they would still request a site in case they changed their mind. We believe the site on the north side of I -70 is an ideal site because we will be leveling the site as part of the fill on the south side of I -70 and in doing so will create a very good ten -acre site with no requirement by the School District for retainage of any kind. There is also an underpass under I -70 just west of the proposed school site and the existing road access on the Colorado River Road. Richard DeClark, Bill Stephens, and I met with Karen Strakbein on -site on June 24, 1998 at 1:00 p.m. to look at this site or potential other sites around the Dotsero area. Karen agrees the site will be suitable if the soils and geology of the site are proven buildable and the site is serviced. We will work with the School District to try to resolve any issues. Regarding the State of Colorado's concerns on the geology on the site, we have hired Hepworth - Pawlak Geotechnical to do a detailed analysis from a geotechnical point of view to be sure that it is buildable. In regard to Robert Ray's comments of June 9, 1998, we have forwarded the 208 Plan. We have included with the plan the CLOMR application for his review. I spoke with Robert concerning a few aspects of this project that he needs to understand. First, the project is being raised out of the 100 -year floodplain, as is a sewage treatment plant. The major extent of impact of the CLOMR is to raise the Colorado River three inches at the existing bottleneck right in the middle of the project but that it returns to its original configuration right after that bottleneck just to the west of the third lake so there is minimal or no impact to anyone downstream from the project. P.O. Box 9 Eagle, Colorado 81631 1 (970) 328 -2388 FAX 328 -6266 A second aspect dealt with direct drainage discharge to the lakes or surface drainage will pass through a grass and gravel settlement area before reaching the lakes. It is believed that the Iakes will work as settlement traps without an extra $100,000 for sediment traps online. The other aspect dealt with the Malpais Mobile Home Park. The owner of Malpais did not want to extend a sewer line from that project across the bridge on Highway 6 and then under I -70 to reach Two Rivers Village. The cost would be prohibitively expensive for that type of connection and therefore is not included in our sewage treatment plans or our 1041 application. The last aspect concerned no disturbance with 25 feet of the lake areas. All of those areas have already been disturbed and have not been revegetated but will be as part of our plan once the final grading has been completed. Concerning your comments of June 16, they are addressed as follows: 1. The town center acreage is correct on the plat. The acreage on the Site Plan includes all open space up to the edge of the river and the road rights -of -way through the commercial. The Commercial Plan has been amended. 2. The Site Plan has been modified to show the same building sites and lots for the five single- family lots. 3. All the fill material to raise the site out of the floodplain is coming from a mixture of sites. The first site is the deepening of the middle lake, or Lake No. '2, to 25 feet including removing the island. This generates approximately 180,000 cubic yards of material. The second site is from the school site on the north side of I -70, which will also become the equipment storage yard at the east end which generates approximately 360,000 cubic yards of material. The third site would be the excavation of road access to the five single - family lots and the point at the very southeast corner of that property which generates 100,000 cubic yards of material. The balance would be coming from up- valley excavations and that appears to be another 100,000 cubic yards to make up the difference. Much of the fill from the west end of the site will be required in the second and third years as the project builds out. 4. The PUD Guide has been modified to locate the proposed uses by lot or tract number. The other points raised are: ➢ The private fishing camp will be a commercial venture by the owners of the property or by a lessee. It will be for residents of the park as well as for the general public. Associated amenities include a fishing pier, any fishing boats or canoes as part of the fishing camp, and any other amenities on the lake. This may also include paddleboats. Y The uses on Parcel C are two single- family residences and well field, plus an equipment barn for maintenance equipment for the nursery. OA Cj ➢ Parcel D contains part of the land for the two single- family houses. Parcels C and D will be combined into one lot. ➢ . Colorado River Road will be a platted right -of -way and the preliminary plan will be amended to show that 70' right -of -way. ➢ The nursery and existing mobile home on the nursery site will be a separate lot. Parcel E is open space that will be maintained by the Metro District. ➢ The residential blocks inside the mobile home park have been designed with a wider street than the sketch plan to allow for guest parking on the street but no overnight parking. The main parks and open space along the lakes are sufficient park area for this project and the owners do not need to be burdened with numerous small parks in the residential. ➢ The use of the office/park on Block 3 is for a day care center. The day care center will be a double -wide modular manufactured unit that will include a children's day lot and fenced yard to meet State requirements for a day care center. A site in the commercial core is also being investigated for this use. ➢ The manufactured housing parking on site is designed to be tandem parking on the north side or can be double parking on the south side of each unit. See detail on upper right corner of Site Plan for each site and attached individual Site Plans. ➢ Setback requirements are 20' between all units as shown on the PUD Guide. The 38' wide lots are designed for single - wides. Any owner of a single -wide lot has first right of refusal on any double -wide lots when they come available. All lots are designed deep enough for single or double - wides. All lots are also designed to have tandem parking with a carport on the north side of each unit. Patios and carports are allowed in the side yard setbacks. A carport must be open on two sides meaning the front toward the street and the side toward the nearest adjacent unit. ➢ The number of single -wides is 108 lots. The number of double -wides is 96 lots. The number of triple -wides is 71 lots. These have been marked on a plan as S, D, or T. 5. All common amenities including the community pool, sidewalks, and parking will be built by the developers for these common facilities. 6. The commercial facilities and apartment/condo complex will be built by others and the individual lots are for sale and/or lease. The church site will remain as a church site to be built by others. 11 C) 7. The price per lot is still being determined because the costs for development of the project are still not known until all approvals have been given but are in the $50,000 to $70,000 range. Further analysis of marketing has also shown that many people cannot afford even this range with a single -wide unit in place for $20,000 to double - wides for $50,000. The proponents are analyzing a 99 -year lease on the site to lower the monthly payments and initial down- payment to make more people qualify for the sites. Richard DeClark is working with banks to come up with an analysis of the two alternatives. 8. The acreage for each one of the aforementioned lots will be shown on the amended drawings as submitted in the next few days. The common road systems are all private streets except for the State highway access at the entrance of the project on the south side of I -70. 9. The count of 275 mobile home spaces is correct. 10. Investigation into the design of this site was many -fold: first, Isom and Associates and I personally visited many mobile home parks in Denver, Phoenix, and Tucson to see what worked in projects and what did not. Part of that research was shown to the Planning Commission and the Board of County Commissioners in color photographs of existing projects along with the advantages and disadvantages in each one of the areas. The second aspect was meeting with mobile home manufacturers to determine the mix in manufactured housing of single, double, and triple -wide. The mix was determined to be 40% single -wide with 60% double and triple - wides. The third part involved conversations and guidelines from the Colorado Division of Housing concerning lot layouts, specifications, and distance between units. The fourth aspect was meeting with Jeff Kellogg, the President of Chateau Communities, who has approximately 3,000 manufactured housing units in their communities across the United States. Mr. Kellogg also put us in touch with their engineers on layouts for utilities for manufactured housing who have had years of experience in the business. 11. Lot No. 1 in Block No. 1 has been reserved for the manager of the mobile home park who will have visual and proximity control for the entrance to the mobile home park. Originally, it was felt that a gate house should be installed at this entrance but on further investigation of similar parks, it was felt that this was not necessary but a manager at the entrance was. Under the conditions of sketch approval all of these have been met but are addressed as follows: 1. A minimum of 20 percent will be guaranteed to be owner- occupied units. There will be contractual agreements between the owners of the units and the Village that the owners have to reside in the unit itself and shall not be sold to another party or leased without prior approval from the Village management. M C <. 2. Material for the site comes from a combination of digging out Lake No. 2, including the removal of the island down to a depth of 25 feet. The original contractor for the excavation of the lakes did not fulfill his obligation to deepen the lakes to the required 25 feet. The second site will be the school site, which will be graded down to accommodate a school. The final grade will be approximately one to one and a half percent in a north to south direction across that site. The third area for material is the grading of the road into the five house sites including the part of land in the southeast corner of the five lots. The fourth area will be from off -site fill. This is a good location to place material coming out of Beaver Creek and other developments. The developers will be providing a community building that will be approximately 5,000 square feet. This will include all the exercise equipment, offices for management of the park and offices for the Metro District. The applicant has not considered a post office facility but would be willing to either designate a site for a post office or build to suit on a lease basis. As far as a church site, there is both a site for a interdenominational church and the community building, which will also be available for services. 4. The temporary RV's use exactly the same layout for water, sewer, electricity, and telephone as the permanent manufactured housing units. The zoning allows for this use under the PUD regulation for Two Rivers Village. The RV's will be phased out over a three -year period and the maximum number anticipated is 100. 5. The Environmental Impact Statement deals with all aspects of the project. 6. The Wildlife Report addresses the items listed on the sketch plan approval. 7. The Division of Water Resources signed the decrees for the project on June 1. Attached are copies of those decrees. 8. No comment. 9. No comment. 10. The bus pull -off, shelter, and parking area for have been shown on the commercial core plan prepared by Isom and Associates. 11. No comment. 12. A complete 208 Plan including the CLOMR has been submitted to the North West Colorado Council of Governments. 13. We are working with the School District for the allocation of the school site. I met with Karen Strakbein on June 24, 1998. The school has asked for a detailed geology analysis, which we are preparing through Hepworth - Pawlak Geotechnical Engineers. 5 d That report should be complete within the next two weeks. It was agreed that services would be provided to the site and that a pedestrian path be built east and under the I -70 access road and then along Highway 6 to the site. The school site is within one mile of Two Rivers Village so that children do not have to be bussed. In inclement weather, the Village will look at providing transportation to the site. 14. The "Site Plan' is the "Development Plan" for the project. Detailed Site Plans are attached showing the layout for each one of the three typical lots, being single, double, or triple -wide. Lawn area is as shown and a minimum of three trees and five bushes for each site is required. Under the Rules and Regulations for Two Rivers Village, all properties have to be maintained to the standards established by the park. All common areas will be maintained by the Metropolitan District. 15. Various questions under this item are: (a) The County Building Department has adopted regulations requiring flow restriction devises for showers and maximum flush capacity for water closets. (d) There are no changes to the area along the Colorado River other than armoring with rip rap below the I -70 bridge and midway down the project per the CLOMR application. (i) The owners have set a limit of 100 people per day using the lakes and fishing along the river over and above residents of the site. 16. Market Study by BBC and specifically Ford Frick is attached for your perusal. Mr. Frick has listed the commercial uses that he feels are appropriate on -site and the square footages. It should be noted that the allowance for 60,000 square feet includes the community buildings, offices for the management of the park, Metropolitan District, day care center, and other commercial uses. There are some people talking about also having sites for offices for those who wish to work in the area. The exact demand is not known, nor will be until after the project is near completion. 17. The entire project will be platted in one phase. 18. The Board of County Commissioners on their site visit and later in their approval of the project agreed to a 25 -foot setback from I -70. This was an error in the formation of the resolution. See previous correspondence dealing with this issue. In regard to Section 2.18.08: 4. j. The map of surface water bodies does show all related water bodies around this project and the CLOMR application addresses the uses for the floodway and fringe of the Colorado River. 31 fz 4. k. The fire station is proposed to be located on the CDOT property. The Gypsum Fire Department has made an application to CDOT for the site and the building has already been delivered and is located in the State right -of -way. The fire chief for Gypsum will be contacted concerning the status of the fire station. Revised Preliminary Plans will be submitted in a few days or once comments have been received from the Engineering Department. If you have any questions concerning this letter, please contact this office. Sincerely, 7!� Stephen R. som cc: Bill Stephens Richard DeClark Gerald Gallegos 9712pwuL2 7 • t!1 ►7 ta U N1I 192 F �° I 1 .1 Y 11,09, 1 t O L% a NIT I 1� 0 LL- z � Q 0 z -� U. N n. > L� V N O Z U _w �v Q � 4 0 cr N _W. H o l C1; 0 a � � I u J f V`- U N1I 192 F �° I 1 .1 Y 11,09, 1 t O L% a NIT I 1� 0 LL- z � Q 0 z -� U. N n. > L� V N O Z U _w �v Q � 4 0 cr N _W. H a . 6 U) CY7 10 noej 4 Oz v w ko w l\' i —o n --- 3 S UP �--o , Q -- ca. f s to V- V-) V). J'33� 1 (; -WIDIa/U ; o I Q \IT Z — iQ�,U ZZ < L'J Q -- ca. f s to V- V-) V). J'33� 1 (; -WIDIa/U ; o I Q w zo V) Eli CL C) zjl W Q) LO n U -a J, C) -j < F 7 O tU m 7TT L2 vs B A- v-.-? - 7 F L_- o < <Z L13 I ui ul W U\ u3 -ma 11 F-- U) 0 0 — --t- — 0 v In tvtt NT U7 psi Li w \9 CL < j = 4n > �/ Q _j 0 DL Ia Iv eto % % rr rA ISOM & ASSOCIATES ZA` Mlla(iaaemen} E(CrliE lU'" LdC; a' - 7 July 1998 Karen Strakbein Eagle County School District RE-50J. P.O. Box 740 Eagle, CO 81631 RE: TWO RIVERS VILLAGE Dear Karen: This letter is to confirm our meeting of June 24, 1998 when you, as representative of the School District, met with Bill Stephens, Richard DeClark, and myself concerning a site for all elementary school or middle school at Two Rivers Village at Dotsero, Colorado. At the meeting, it was agreed that the site would work if certain conditions were met and they are as follows A soils investigation of the site to make sure the site is buildable for the uses proposed. 2. The site is leveled with a one to one and a half percent slope from the back of the site to the front. 3. That the resulting hillside be stable and not a hazard to the school site. 4. That the school site be serviced with sewer and water. That a pedestrian path be constructed underneath I -70 at the existing Colorado River Road and that the path be on the east side of the underpass and then a crossing at the stop sign on the south side of Highway 6 and the Colorado River Road. There would then be a bike path along Highway 6 to the school site. Highway 6 is currently an access for two single- family homes and to the trailhead for Glenwood Canyon farther to the west. The proponents of Two Rivers Village agree that these conditions are acceptable and will work with the School District during the application process to make sure that these items are resolved. If you have any questions concerning this letter, please contact this office. Sincerely, �5 Steph n R. Isom cc: Two Rivers Development Company, L.L.C. V 9712strnkbein A ��12 5 C ^J P_0. Box 9 Eade. Co!o,ado 81631 (970; 328 -2388 FAX 328��,(! PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: William and Annalies Stephens and Two Rivers Village Development Co. LLC for Two Rivers Planned Unit Development File Number: PDA -00028 WHEREAS, William and Annalies Stephens and Two Rivers Village Development Co. LLC (hereinafter called "Applicant ") did file an application with the Eagle County Department of Community Development, State of Colorado, on or about June 21, 2000, for an amendment to the Two Rivers Planned Unit Development and a Preliminary Plan, as set forth within Article 5 of the Eagle County Land Use Regulations; and WHEREAS, concurrent with the approval of a Preliminary Plan for PUD, the applicant 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 WHEREAS, said Agreement shall include a Common Open Space, 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- 2401.3.11 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 the premises and the covenants and agreements to be kept and performed by the parties hereto, it is agreed: C 0 1. CONDITIONS IN THE RESOLUTION The PUD, including Applicant and successive owners of any part thereof, is bound to all of the conditions placed in the Resolution approving the PUD Preliminary Plan; and 2. COMMON PARK AND OPEN SPACE AREAS 2.1 Applicant agrees to be bound by its verbal and written assurances as to its Common Open Space, Park and Recreation Area Plan. The Plan must outline the areas of common open space, parks, trails and recreation lands. The Plan must specify how the preservation of these lands is to be implemented, identify deed or other restrictions against development and include terms by which any common areas are to be maintained. The Plan must be submitted with the application for Final Plat approval and must be approved by the Board of Eagle County Commissioners before approval of the Final Plat. 3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE. 3.1 Landscape Plan. Applicant agrees to submit with the application for Final Plat approval a Landscape Plan that complies with Section 4 -240 Installation and Maintenance Requirements. The Landscape Plan may be designed by PUD phase, with installation occurring concurrently with the development of each phase. The Landscape Plan must be approved by the Board of Eagle County Commissioners before approval of the Final Plat. 3.2 Agreement to Collateralize Landscaping. The Applicant agrees to provide collateral in a form acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan will be installed. Applicant agrees to provide collateral for no less that one hundred and twenty -five (125) percent of the estimated cost of the landscaping improvements. The Applicant 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 Agreement Applicant 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 of Improvements. The improvements to be installed shall be specified, G and shall include requirements as set forth in Condition Lb. of that Resolution approving File No. PDA- 00028. B. Indemnification. Applicant shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with this Agreement, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. C. Certificates of Insurance. The Applicant 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 Applicant, 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. D. 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 Applicant 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 Applicant hereunder; and the Applicant 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 Applicant may have. E. Collateral. Applicant 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 Applicant 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. 1. "Phase I. " The entire filling of the floodplain be collateralized in full with the first Final Plat. The County may make incremental releases by phase provided that there c � be a significant retention -- 25% of the value of the work completed -- to cover the balance of the work to be done. The County may consider other options that would allow the County to complete floodplain work in the event of Applicant's default. As represented by Applicant, "Phase P' shall also include: a. All infrastructure to Blocks 6, 7, 8, 9, 10 [Two Rivers Village lots] b. Water tank access road, water tank, all lines to the tank C. Sewer plant, lift sation, and main lines to the plant d. I -70 interchanges and extension of Colorado River Road to the round about, including berming for 100 year flood along north frontage road e. Two Rivers Boulevard, including the roundabout, through Phase I and gravel road to the sewer plant f. Central park to grade, and park landscaping g. Community building and swimming pool (to be built by August, 2003) h. Water, sewer line, pedestrian path to school site i. Temporary bus shelter and temporary bus parking [to be sited on Lot 2, Block 11 ] j. Kokanee Lane and temporary access easement to Lots 5 and 7, Block 11 k. Infrastructure to lots 5 [Community Building] & 7 [Church Site], Block 11 1. Municipal well, including pumping facilities and piping M. Pedestrian path around the lakes, including lighting (to be built by August, 2003) n. Rip -rap along the Colorado River o. Temporary utility stubs to blocks north of Two Rivers Boulevard and Block 11 p. Grading of school site, storage site, and fire station site 2. "Phase IT' a.' All infrastructure to Blocks 4 & 5 [Two Rivers Village lots] b. Construction and landscaping of western park 3. Phase III a. All infrastructure to Blocks 1, 2, 3 [Two Rivers Village lots] 4. Phase IV a. Multi- family and commercial [roads and infrastructure for Lots 1, 2, 3, 4, and 6, Block 11 ] b. Permanent bus facility 5. Two Rivers Estates a. All roads and infrastructure to serve the Two Rivers Estates development y } F. Warranty. The SIA shall provide for a warranty period of two (2) years following completion of the last of the improvements. 4. GENERAL PROVISIONS. The following shall apply to all PUD Improvements, including off -site improvements, set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Applicant 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. 4.2 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.3 Assignability. This Agreement shall be enforceable against the Applicant, provided, however, that in the event the Applicant sells, transfers or assigns all or part of the subject PUD, the obligations of the Applicant under this Agreement as to that portion of the subject PUD may be assumed in writing by the purchaser of the parcel, and the Applicant 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 Applicant 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. 4.4 Binding _upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.5 Sole Responsibility of Applicant Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the 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 Applicant. When it is necessary to allow the general public to utilize the roadways under construction by the Applicant, traffic control and warning devices shall be placed upon such roadways by the Applicant in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4.6 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.7 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to County: P.O. Box 850 Eagle, CO 81631 (970) 328 -8685 Address for giving notice to Applicants: Ken Kriz Two Rivers Development Co. LLC P.O. Box 4570 Eagle, CO 81631 William and Annalies Stephens 0010 Colorado River Road Gypsum, CO 81637 ITNESS WHEREOF, the parties hereto have executed this Agreement thiso day of C) Applicant: By: Name Title By: Applicant: LIZA Name Title GAJackie \Contracts \Two Rivers PUD Agreement.wpd William A. Stephens f Annalies B. Stephens