No preview available
HomeMy WebLinkAboutR01-008 approval of zone change and PUd for Red Sky Ranchk Commissione moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 - 60?<_ APPROVAL OF THE ZONE CHANGE AND PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN FOR RED SKY RANCH PUD File Nos. ZC -00039 and PDP -00016 WHEREAS, on or about August 7, 2000, the County of Eagle, State of Colorado, accepted for filing applications submitted by Gary Plath and Margie Plath, David Plath and Debra Plath, and Vail Associates, Inc., (hereinafter "Applicant ") to re -zone the herein described property in Eagle County from the Resource [R] and Agricultural Residential [AR] Zone Districts to the Planned Unit Development [PUD] Zone District per File No. ZC- 00039, and for approval of the Planned Unit Development Preliminary Plan for the Red Sky Ranch Planned Unit Development, File No. PDP- 00016; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan vetch would allow for the development as follows: A residential golf development with the following features: • A total of 87 home sites, with 67 sites being located east of Old Faithful Ridge and located generally in the vicinity of the previously approved 18 hole Jouflas Ranch Golf Course, and 20 sites located west of Old Faithful Ridge. • Two 18 hole -golf courses, including a practice range /driving facility. • A clubhouse fo_each course with locker rooms, a pro shop, and a grill with-up to 110 seats, and other amenities which may include cart and bag storage, a staff room for caddies, rangers and groundskeepers, building and mechanical areas, locker rooms, a fitness facility, administration areas and a real estate office. • A maintenance facility for each golf course. • Water will be pumped from the Eagle River to the site and a portion treated at a water treatment facility near the east maintenance facility to provide potable water for domestic uses. I I11III11III11I11IIII11I 1111111111111111111111111111111111111111111 747491 01/04/2001 04:23P 370 Sara Fisher 1 of 70 R 0.00 D 0.00 N 0.00 Eagle CO l Wastewater will be treated by means of individual engineered septic systems located on site. Other utilities, including electric power and natural gas, will also be provided. The roads and the water system within the PUD will be owned and operated by Red Sky Ranch and Holland Creek Metropolitan District. WHEREAS, at its public hearings held September 20, 2000, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed Zone Change from R and AR to PUD, and based upon its findings, recommended approval of the proposed Preliminary Plan of the Red Sky Ranch Planned Unit Development, with certain conditions; and WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, has considered the evidence, testimony, exhibits, the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development and the Eagle County Engineering Department, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties, finds as follows: BASED ON THE EVIDENCE BEFORE IT, and with the modifications imposed by the conditions hereinafter described, finds as follows: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. Pursuant to Eagle County Land Use Regulations, Section 5- 240.F.3.e. Standards for the review of a Sketch PUD: 2. Unified ownership or control. [Section 5- 240.F.3.e (1)] - The title to all land that is part of this PUD is not owned or controlled by one (1) person. However, all owners have joined in the application and will be subject to the conditions and standards of the PUD. 3. Uses. [Section 5- 240.F.3.e (2)] -Not all of the uses that may be developed in the PUD are those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule" for the zone district designation in effect for the property at the time of the application for PUD. However, pursuant to Section 5 -240 F.3.f., Variations Authorized a variation to allow interval ownership, a temporary sales facility, and a rural recreational facility does achieve 2 (C the purpose of obtaining desired design qualities and that the granting of the variation is necessary for that purpose to be achieved. 4. Dimensional Limitations. [Section 5- 240.F.3.e (3)] —The dimensional limitations that shall apply to the PUD are those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the zone district designation in effect for the property at the time of the application for PUD. 5. Off - Street Parking and Loading. [Section 5- 240.F.3.e (4)] - The PUD does comply with the standards of Article 4, Division 1, Off -Street Parking and Loading Standards without a necessity for a reduction in the standards. 6. Landscaping. [Section 5- 240.F.3.e (5)] The landscaping and illumination standards provided in the PUD do comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards 7. Signs. [Section 5- 240.F.3.e (6)] - The Applicant has submitted a comprehensive sign plan for the PUD, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD) that is suitable for the PUD and does provide the minimum sign area necessary to direct users to and within the PUD. 8. Adequate Facilities. [Section 5- 240.F.3.e (7)] - The Applicant has demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. 9. Improvements. [Section 5- 240.F.3.e (8)] - The Applicant has demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. 10. Compatibility With Surrounding Land Uses. [Section 5-240.F. 3.e (9)] - The development proposed for the PUD is compatible with the character of surrounding land uses. 3 C. 11. Consistency with Master Plan. [Section 5- 240.F.3.e (10)] - The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). 12. Phasing Section 5- 240.F.3.e (11) - A general phasing plan has been provided for this development. Appropriate guarantees for public improvements will be required prior to approval of the initial final plat. 13. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] - The PUD does comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. 14. Natural Resource Protection. [Section 5- 240.F.3.e (13)] - The PUD does demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards have been considered. Pursuant to Eagle County Land Use Regulations, Section 5- 280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: 15. Consistent with Master Plan. [Section 5- 280.B.3.e (1)] - The PUD is consistent with the Master Plan, and it is consistent with the Future Land Use Map (FLUM). 14. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - The proposed subdivision does comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards 15. Spatial Pattern Shall Be Efficient. [Section 5- 280.B.3.e (3)] - The proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 11 0 C 16. Suitability for Development. [Section 5- 280.B.3.e (4)] - The property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man -made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 17. Compatible With Surrounding Uses. [Section 5- 280.B.3.e (5)] - The proposed subdivision is compatible with the character of existing land uses in the area and will not adversely affect the future development of the surrounding area. 18. PUD Guide [Section 5- 240.F.2.a.(8)] — Applicant has submitted a PUD Guide setting forth the proposed land use restrictions. Pursuant to Eagle County Land Use Regulations, Section 5- 230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map: 19. Consistency With Master Plan. The proposed amendment is consistent with the purposes, goals, policies and FLUM of the Master Plan. 20. Compatible with surrounding uses. The proposed amendment is compatible with existing and proposed uses surrounding the subject land, and it is an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. 21. Changed conditions. There are changed conditions that require an amendment to modify the present zone district or its density /intensity. 22. Effect on natural environment. The proposed amendment does not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. 23. Community need. The proposed amendment meets a community need. 24. Development patterns. The proposed amendment does result in a logical and orderly development pattern, does not constitute spot zoning, and can logically be provided with necessary public facilities and services. f C 25. Public interest. The area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Gary Plath and Margie Plath; David Plath and Debra Plath; and Vail Associates, Inc., File No. ZC- 00039, for a Zoning Amendment to change from the Resource [R] and Agricultural Residential [AR] Zone Districts to the Planned Unit Development [PUD] Zone District be and is hereby approved for the following described property located in the unincorporated area of Eagle County: See Exhibit A attached hereto and thereby incorporated herein by reference THAT, subject to the conditions set forth below, the application for the Preliminary Plan for the Red Sky Ranch Planned Unit Development be and is hereby approved: Provide on the final plat(s) that the building envelopes proposed for all lots, other than Lots 24 through 50, provide at least as much separation between structures as required in Table 3 -340, "Schedule of Dimensional Limitations ", for the Resource (R) and Agricultural. Residential (AR) zone districts or obtain a variation as provided in the Land Use Regulations as a part of this Preliminary Plan or a subsequent amendment. 2. Provide, prior to approval of a final plat for each respective area of the PUD, a Detailed Landscape Plan, as provided in Section 4- 220.A., Landsca ep Plan Required for the entrance and common areas located within that filing, which the Director of Community Development determines is consistent with the provisions and intent of Division 4 -2 of the Land Use Regulations, and the conceptual site landscape plans submitted by the Applicant. 3. Provide, prior to approval of a building permit for each non - residential site within the PUD (plus the caretakers homesite), a Detailed Landscape Plan, as provided in Section 4- 220.A., Landscape Plan Required for that site, which the Director of Community Development determines is consistent with the provisions and intent of Division 4 -2 of the Land Use Regulations, and the conceptual site landscape plans submitted by the Applicant. In C 4. Avoid duplication of any road names within the development with any other road or street names within Eagle County. 5. Grant, prior to the Applicant's dedication of the right -of -way for the relocated Bellyache Ridge Road, a public access easement to include all that portion of the proposed trail along Bellyache Ridge Road which is not within the right -of -way. 6. Adhere to the suggestions of the Colorado State Forest Service (Letter dated August 25, 2000) to reduce the wildfire hazard, with the following exceptions: The applicant shall consult with the Colorado State Forest Service and the Avon Fire Department to determine appropriate locations and design for emergency turnarounds and for specific driveway designs and these shall be indicated upon the Final Plat and be submitted to the County Engineer for review and approval prior to Final Plat. 7. Demonstrate to the satisfaction of the Director of Community Development, prior to approval of each final plat for this PUD, that: a. Access to the Holy Cross Energy substation is adequate and that electrical service will be provided to the development. b. No penetration above the ridge line, as viewed from I -70, will occur, or to propose appropriate lot- specific height restrictions to preclude any such penetration. Exterior colors of buildings, including roofs, will be compatible with the natural characteristics of the site. Demonstrate to the satisfaction of the County Engineer no later than the approval of each final plat for this PUD that: a. Proposed individual septic systems will be located in a manner that will not unduly jeopardize slope stability. b. Adequate access easements have been granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. C. Adequate right -of -way exists for snow storage along all internal roads. 7 3 i d. Required geologic testing has been completed in a satisfactory manner and that the proposed development may proceed without undue risk of geologic hazards, or that appropriate mitigation has or will be provided. 9. Provide, no later than the approval of the first final plat for this PUD, a payment for off -site road impacts in the amount of $1,000 per residential unit, or some other amount which may be determined by the Board of County Commissioners. 10. Applicant acknowledges that the Bellyache Ridge Road right -of -way is comprised of the aggregate of those rights -of -way described in that deed between Burens Properties and Eagle County recorded in Book 226 at Page 960 and that deed between George P. Jouflas and Eagle County recorded in Book 227 at Page 981. Prior to application for Preliminary Plan, Applicant agrees to create a legal description of the Bellyache Ridge Road right -of -way fully encompassing and describing both deeds and submit an application pursuant to Section 5 -2200 Public Way and Easement of the Eagle County Land Use Regulations. Eagle County shall consider vacating the right -of -way the new roadway is to replace, and, upon vacation, Applicant shall dedicate said new roadway to Eagle County as an 80 foot as -built right -of -way by delivering to Eagle County a warranty deed therefor. In the event said contemplated vacation is denied by Eagle County, Applicant will amend the approved PUD Preliminary Plan as necessary solely for that portion of the site east of Old Faithful Ridge in order to provide for the relocation of its golf course activities thereby affected. (Condition No. 2 per Board Resolution No. 2000 -47, as modified.) 11. Designate the site specific locations of the on -site housing units no later than six months after the approval of the first final plat for this PUD; designate in writing the off -site housing units for seasonal employees no later than the approval of the first final plat for this PUD; and notify the Director of Community Development within 30 days of any change in the designated off -site housing units. (25) 12. The Special Use Permit previously approved per Board Resolution No. 98 -141 (Eagle County File No. ZS- 00032), shall terminate at the time the first Final Plat for this PUD is approved. 13. All oral and written representations by the Applicant in materials submitted in connection with this application and/or in one or more public hearings shall be binding. CI THAT the Board of County Commissioners directs the Director of Community Development to enter this amendment on the appropriate page of the Official Zone District Map and to provide a copy of this Resolution to the applicant. THAT, the Red Sky Ranch Preliminary Plan map dated November 20, 2000, attached hereto as Exhibit B is approved. THAT, the Red Sky Ranch PUD Guide, dated December 12, 2000, attached hereto as Exhibit C is approved. THAT, the Red Sky Ranch Affordable Housing Plan dated November 30, 2000, attached hereto as Exhibit D is approved. THAT, the Red Sky Ranch Wildlife Mitigation and Enhancement Plan dated October 31, 2000, attached hereto as Exhibit E is approved. THAT, the Red Sky Ranch Planned Unit Development Agreement dated December 18, 2000, is attached hereto as Exhibit F. THE BOARD further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of Coun �Co�mmissio s of the County of Eagle, State of Colorado, at its regular meeting held they day o , 2001, nunc pro tunc to the 31 day of October, 2000. C Phillips, If 9 Commissioner 1� seconded adoption of the foregoing resolution. The roll having been called, the vot was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Johnnette Phillips This Resolution passed by `fl vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 10 FROM Eaq 1 r- - 101 l r y 5ur-. -ey i nq . Inc. P41_ : 9_,'A (345 9501 1:4U9. W-1 1999 09: 5BAM P2 el Exhibit A PARCEL DESCRIPTION West parcel &.Golf Course 2 Parcel combined, East Parcel, and Wolcott Springs Parcels. ( Those parts of Sections 21, 22, 27 & 28, Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, described as follows: Beginning at a point on the westerly right -of -way line of Bellyache Ridge Road, according to the deed recorded in Book 226 at Page 960 in the office of the Nagle County, Colorado, Clerk and Recorder, whence the East 1/4 Corner of said Section 22 bears South 66 Cast, 2426.55 feet; thence, departing said westerly right- of_vay line, North 57 °47 4 08" West, 697.09 feet, thence North 17 8 12 8 24" West, 757.58 feet; thence North 58 °36 West, 368.30 feet, thence South 85 West, 340.00 feet; thence North 81 6 10 1 19" Nest, 423.22 feet; thence South 43 West, 1468.21 feed thence South 05'54 (Pest, 575.00 feet; thence South 89 °57 19 05 4 West 1629.73 feet; thence North 29 0 22 2 54" West 1406.81 feetj thence North 90 West 1153.83 feet; thence South 68 °31'20" West 628.36 feet to the westerly line of the E 1/2 NW 1/4 of said Section 21; thence, along said westerly line, South 00 ° 13 11 11 "E. 1627.97 feet to the northwest corner of the E 1/2 SAT 1/4 said Section '21= thence, along the westerly line of said 8 1/2 SW 1/4, South' 00 ° 13' 11" Bast 2640.71 feet, to the southwest corner of said B 1/2 Sw 1/4; thence, along the southerly line of said Section 21, South 89 °43 East 1319.84 feet to the South 1/4 corner of said Section 21; thence, departing said southerly line, North 58 1 28'41" East 1853.17 feet; thence South 33 East, 282.36 -feet • thence South 06 West, 1020_00 feet; thence South 19 ° 46'19" East, 421.80 feet, thence South 08 0 46 1 59" West, 1068.73 feet; thence South 49 East, 690.17 feet; thence South 85 ° 5s ` 06 ` East, 1881.77 feet, to the westerly right -of -tray line of Bellyache Ridge Road, according to the deed recorded in Book 227 at Page 981 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following sax courses along said westerly right- of-way as described in said Book 227 at Page 981: 1) North 07.11'57" West, 32.50 feet; 2) an are distance of 268.13 feet, along a curve to the left having a central angle of 50 °37 1 38 11 , a radius of 303.45 feet, and a chord that bears North 32 °30 ]Pest, 259.49 feet; 3) North 32 0 10 1 26" East, 10:00 feet; 4) an are distance of 332.35 feet, along a curve to the right having a central angle of 41 ", a radius of 463.29 feet, and a chord that !sears North 37 West, 325.27 feet; 5) North 16 0 43 1 28" West, 456.31 feet; 6) an arc distance of 299.82 feet, along a curve to the right having a central angle of 23 a radius of 726.04 feet, and a chord that bears north 04 Rest, 297.69 feet to a non - tangent point on curve on the westerly right- of-way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following five courses along said right- OB-W- 1999 08 :59AM 970 B45 9504 P.02 FROM : Eagle Val l e Li Inc. FAX NO. = 970 s345 9504 of -way line: Aug. 06 1999 09 :59AM P3 1) an arc distance of 137.90 feet, along a non- tangent curve to the right having a central angle of 23 0 35 1 09 ", a radius of 335.00 feet, and a chord that bears North 10 East, 136.93 feet; 2) North 22 East, 189.24 feet= 3) an arc distance of 99.66 feet, along a curve to the left having a central angle of 11 ", a radiue of 490.00 feet, and a chord that bears North 16 °57'32" East, 99.48 feet; 4) North 11 East, 177.94 feet; 5) an arc distance of 54.16 feet, along a curve to the left having a central angle of 05 0 48 1 02 11 , a radius of 535.00 feet, and a chord that bears North 08 0 13'56" East, 54.14 feet to a non- tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in .Hook 227 at Page 981; thence the following four courses along said right- Of-way line: 1) an arc distance of 329.51 feet, along a non - tangent curve to the left, having a central angle of 24 ", a radius of 763.04 feet, and a chord that bears North 12 waist, 326.95 feet; 2) North 24 0 50'15" West, 514.18 feet; 3) an are distance of 212.28 feet, along a curve to the right, having a central angle of 36 °21'11 a radius of 334.57 feet, and a chord that bears North 06 West, 208.74 feet; 4) North 11 ° 30 56" East, 96.10 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Pagg_960; thence the following two courses along said right -of -way line: 1) an are distance of 197.14 feet, along a non - tangent curve to the right, having a central angle of 07 20.04", a radius of 1539.99 feet, and a chord that bears North 10 0 32 11 27" Bast, 197.00 feet; 2) North 14 East, 69.62 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 227 at Page 981; thence the following three courses along said right -of -way line: 1) an arc distance of 179.72 feet, along a non - tangent curve to the left, having a central angle of 06 a radius of 1713.59 feet, and a chord that bears North 07 . 57 1 18" East, 179.64 feet; 2) North 04 °57 East, 259.90 feet; 3) an arc distance of 271.10 feet, along a curve to the right, having a central angle of 12 22 ", a radius of 1255.28 feet, and a chord that bears North 11'08'14" Bast, 270.57 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following eight courses along said right -of -wary lines 1) an are distance of 100.95 feet, along a non - tangent curve to the right having a central angle of 03 a radius of 1790.00 feet, and a chord that bears North 17 East, 100.94 feet; t.. k 08-06 -1999 09 :00A11 970 645 9504 P.03 FROM : Eag I e lea i I e Sum-eying. Inc_ F i1?: NQ : 970 845 9504 Aug. lG 1999 10 : 00AM P4 2) North 18 0 37 1 26" East, 407.14 feet; 3) an arc distance of 310.11 feet, along a curve to the right having a central angle of 78 . 58'10 ", a radius of 225.00 feet, and a chord that bears North 58'06.31" East, 286.14 feet; 4) South 62 East, 34.96 feet; 5) an arc distance of 96.16 feet, along a curve to the right having a central angle of 16 0 12 9 20 ", a radius of 340.00 feet, and a chord that bears South 74'18 " - East, 95.84 feet; 6 ) South 66 East, 161.20 feet; 7) an arc distance of 236.79 feet, along a curve to the left having a central angle of 51•11 0 , a radius of 265.00 feet, and a chord that bears North 88'12 East, 228.99 feet; 8 ) Worth 62 East, 52.65 feet to a non- tangent oint on curve on the westerly right -of -wag line of Bellyache Ridge Road according to said deed recorded in Book 227 at Page 981; thence the following two courses along said right -of -sway line: 11 an arc distance of 9.30 feet, along a non- tangent curve to the left, having a central angle of 02 0 11 1 14 ", a radius of 243.59 feet, and a chord that bears North 40 0 13'59" Last, 9.30 feet: 2) North 39 East, 527.98 feet to a point on the masterly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following sir courses along said right- of-way line: 1) forth 34' 09' 36" East, 118.92 feet; 2) an arc distance of 295.42 feet, along a curve to the right having a central angle of 08 0 32'05 ", a radius of 1983.22 feet, and a chord that bears North 38 East, 295.25 feet; 3) North 42 East, 374.99 feet; 4) an arc distance of 113.00 feet, along a curve to the left having a central angle of 09 °37'24', a radius of 672.79 feet, and a chord that bears North 37 °53'00" East, 112.87 feet; 5) North 33 °04'18" East, 188.68 feet; 6) an arc distance of 222.14 feet, along a curve to the right having a central angle of 41 °40 ", a radius of 305.42 feet, and a chord that bears North 53 0 54 1 28" East, 217.27 feet, to the Point of beginning, containing 610.34 acres, more or less. AND: That part of Section 22, Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, described as follows: Beginning at an angle point of the northerly line of a parcel of land described in the deed recorded in Book 610 at Page 769 in the office of the Eagle County, Colorado, Clerk and Recorder, whence the East 1/4 Corner of said Section 22 bears Forth 54 . 08 . 14" East, 1069.40 feet; thence, departing said northerly line, Month 29 Sast, 622.20 feet, along the westerly line of a parcel, of land described in Book 177 at Page 211 and in Book 409 at Page 221 in the office of the Eagle County, Colorado, Clerk and Recorded thence, departing said westerly line: North 52 0 04 1 22" West, 584.36: FRQI'1 Eagle (. S�.n .r �in��. Inc.. : FAX N0. 97fi ;i.1� 95 Aug. 0-6 1999 10:01AM PS feet; thence North 39 0 07 . 29" West, 539.28 feet; thence North 63 West, 588.51 feet, to the easterly right - - way line of Bellyache Ridge Road, according to the right- of-way described in the deed recorded in Book 227 at Page gel in the offJoe of the Eagle County, Colorado, Clerk and Recorder; thence the following four courses along said easterly right- of-way line: 1) an arc distance of 37.47 feet, along a curve to the left having a central angle.of 06 ", a radius of 313.58 feet, and a chord that bears South 81 ° 03'37 " West 37.44 feet; 2) South 77 °38` 15" West, 279.22 feet; 3) an arc distance of 161. feet, along a curve to the left having a central angle of 42 0 25 1 35 ", a radius of 217.64 feet, and a chord that bears South 56 West, 157.50 feet; 4) North 54 West, 6.44 feet, to a non - tangent point on c urve on the easterly right -of -way line of Bellyache Ridge Road, according to the deed recorded in Book 226 at Page 960 in the Office of the Eagle County, Clerk and Recorder; thence the following six courses along said easterly right -of --way as described in said Book 226 at Page 960: 1) an aro distance of 3.19 feet, along a non - tangent curve to the left having a central angle of 00 ° 48'35 -, a radius of 225.42 feet, and a chord that bears South 33 0 27 1 38" West 3.19 feet; 2) South 33 West, 188.68 feet; 3) an arc distance of 126.44 feet, along a curve to the right having a central angle of 09 °37 ", a radius of 752.79 feet, and a chord that bears South 37 °53 West, 126.29 feet; 4) South 42 0 41 1 41" West, 374.99 feet; 5) an arc distance of 283.51 feet, along a curve to the- left having a central angle of 08 0 32 1 0511, a radius of 1903.22 feet, and a chord that bears South 38 °25 West, 283.24 feet;, 6) South 34 ° 09'36" West, 158.55 feet, to a point on the northeasterly line of Parcel 20, as shown bn'the Amended band Survey Plat of Parcels 20, 21, and 22, Wolcott Springs Parcels, recorded in Book 663 at Page 368 in the office of the Eagle County, Colorado, Clerk and Recorder; thence South 41 0 18'00" East, 926.36 feet, along said northeasterlp line of Parcel 20; thence, departing said northeasterly line, North T 11 East, 62.41 feet, to the northwesterly corner of said parcel of land described, in Book 610 at Page 769; thence, along the northerly line of said parcel, North 86 0 28 1 15" East, 1543.91 feet, to the point of beginning, containing 62.34 acres, more or less. The basis of bearings for the above description is a line Connecting the existing brass cap Mut nt marking the Bast 1/4 Corner of said Section 22 and the existing brass cap monument marking the Southeast Corner of said Section 22 being South 00 °08'05" Rant. AND: # 20, Parcel 21, & Parcel 22, Amended Land Survey Plat of P. 05 FRQM Eagle Valley Su ins, inc. FAX N0. : 970 845 950 -- Aug. 06 1999 10:02AM P6 ! p hk b �3 Parcels 20, 21 and 22, Wolcott Springs Parcels, according to the map .thereof recorded as Reception No. 559394, in the office of the Eagle County, Colorado, Clerk and Recorder, containing 105.03 acres, more or less. The above parcels contain a total of 777.71 acres, more or ,less. 08-06 -1999 09 :03AM In CJ 1 Exhibit C RED SKY RANCH PLANNED UNIT DEVELOPMENT GUIDE December 12, 2000 '? d f RED SKY RANCH PUD GUIDE 1. PURPOSE The purpose of the Red Sky Ranch PUD Guide is to serve as the governing regulations which will control the land uses within the Red Sky Ranch PUD. The PUD Guide will serve as the zone district regulations for the PUD and will regulate the use of land, bulk, maximum height, provide regulations for uses permitted therein and accessory buildings and•uses; and provide additional supplementary regulations. This PUD Guide is in conformance with the requirement listed in Article 5 -240 F 2 a (8) of the Eagle County Land Use Regulations. Additionally, the purpose of this PUD Guide is to insure the orderly and compatible development of the property. The Guide replaces the standard zoning provisions of Eagle County with site specific restrictions that are more appropriate to the specific conditions of lands contained within this development. This PUD Guide will establish and implement a long range comprehensive plan for Red Sky Ranch that will encompass such beneficial features as a balance of residential and recreational uses, enhancement of public safety, creation of aesthetically pleasing environmental features and promotion of high standards of development quality through stringent site planning, landscaping controls and architectural design guidelines all for the benefit of the existing and future citizens of Eagle County. 2. INTENT Red Sky Ranch is intended to be a residential and golf community.. Red Sky Ranch will provide for a balanced mixture of recreational, residential and undisturbed natural lands. This Guide remains somewhat flexible to allow for changes and innovations in community design.as the project progresses through its multi -year development schedule. These changes will be permitted only as they remain consistent with the overall character of Red Sky Ranch as defined throughout this Guide. 3. ENFORCEMENT The provisions of this Guide are enforceable by the authority and powers of Eagle County as granted by law. Enforcement action shall be consistent with the authority and actions defined in the Eagle County Land Use Regulations. All provisions of this Guide shall run in favor of the residents, occupants and owners of land within Red Sky Ranch to the extent expressly provided in this Guide and in accordance with its terms and conditions. ( C 4. MODIFICATIONS TO THIS GUIDE It is anticipated that modifications to this Guide will be necessary from time to time as the project progresses through its development life. This Guide provides three types of modifications; Major, Minor, and Building Envelope Adjustments. These three are defined as follows: Major Modifications: Major modifications shall require amendments to the PUD Preliminary Plan. Major modifications are those changes which could alter the character or land use of a portion of the project. Major modifications shall be defined and processed in accordance with Section 5- 2401.3.m, Amendment to Preliminary Plan for PUD of the Eagle County Land Use Regulations. Minor Modifications: Minor Modifications are those changes which will not alter the original concept of the project but which may result in a change in design of the development. Minor modifications include, but are not limited to internal road alignment alterations, additions of land uses not previously itemized in this Guide and minor shifts in lot locations, provided that the changes are similar in nature to the listed permitted uses and are consistent with the intent, adjustments to Planning Parcel boundaries, golf course and recreational amenity design modifications. Applications for Minor Modifications shall be processed in accordance with Section 5 -300, Limited Review Use, of the Eagle County Land Use Regulations and may be approved if it is found to be consistent with the established goals of the Red Sky Ranch PUD Guide and Preliminary Plan. In addition, Minor Modifications may or may not require an Amended Final Plat, processed in accordance with Section 5 -290, Minor Subdivision of the Eagle County Land Use Regulations. Building Envelope Adjustments: Amendments to the Building Envelopes may occur upon approval of one of two of the following processes: A. Administrative Process for a Building Envelope Adjustment - If it has been demonstrated that [1] all property owners within 75 feet of the outer boundaries of the lot in which the building envelopment adjustment is being proposed, and [2] the Red Sky Ranch Design Review Board have approved the proposed Building Envelope Adjustment, such an application may be processed in accordance with Section 5 -290, Minor Subdivision of the Eagle County Land Use Regulations as a Type B Subdivision. In addition to other standards provided in Section 5 -290, the Director of Community Development shall also be required to determine that: 2 0 0 I . The proposed amendment will not substantially impact in an adverse manner that view corridor of any property owner to whom notice of the proposed building envelope adjustments has been sent, or the proposed change is required due to geologic or other hazard considerations; 2. The envelope change does not adversely impact wildlife corridors; 3. The envelope change does not adversely impact ridgelines nor create any increase in impacts to ridgelines; 4. The envelope amendment is not an alternation of a restrictive plat note. B. Public Process for a Building Envelope Adjustment - An application for a building envelope adjustment which does not qualify for the Administrative Process shall be processed in accordance with Section 5 -290, Minor Subdivision of the Eagle County Land Use Regulations, as an Amended Final Plat. In addition to other standards provided in Section 5 -290, the Board of County Commissioners shall also determine that: I . The proposed amendment will not substantially impact in an adverse manner that view corridor of any property owner to whom notice of the proposed building envelope adjustment has been sent, or the proposed change is required due to geologic or other hazard considerations; 2. The envelope change does not adversely impact wildlife corridors; 3. The envelope change does not adversely impact ridgelines nor create any increase in impacts to ridgelines; 4. The envelope amendment is not an alternative of a restrictive plat note. 5. DEFINITIONS Unless otherwise defined all terms in this document shall be as defined by the Eagle County Land Use Regulations. Three definitions to follow: Ancillary Facilities Ancillary facilities shall mean any use or structure commonly found to be subordinate or auxiliary to the primary permitted use. An example of an ancillary facility to a golf course might include, but not be limited to, cart paths, drinking fountains, and a traveling beverage cart. Concessions Concessions shall mean the sale of food, beverage or golf related items. This use may take place within one of the golf course facilities or during tournament events may be set up as a temporary use on the golf course. Starter House Starter house shall mean a built facility near the first tee that houses the golf course starter. A starter house may also include restrooms and concessions. 6. SIZE The Red Sky Ranch PUD consists of approximately 780 acres. The Preliminary Plan indicates the following approximate land uses and acreage: Land Use Acres % of Site Residential Building Envelopes 24.0 3% Residential Lots 164.6 21% Golf Course 475.0 61% Open Space OS — OS9 78.3 10% Road R.O.W 41.6 5% Total 783.5 100% 7. DENSITY The Red Sky Ranch PUD shall consist of no more than 87 single family residential homes, two 18 hole golf courses and ancillary facilities, employee housing, open space and road right -of -way. Specific information and limitations regarding this density and these land uses may be found in Section 8, PUD Zone Districts. 8. PUD ZONE DISTRICTS A. Residential 1. Purpose: To provide sites for low density single family homes on a variety of lot sizes. 2. Uses by Right` a) Single family dwelling units. b) Accessory uses customarily appurtenant to single family homes. C) Utility services. d) Golf course and golf course cart paths. e) Secondary unit not to exceed 1200 square feet on lots 1 -23 and 51 -67. f) Tract H shall be allowed two employee housing units not to exceed a total of 4,000 square feet. 4 C C g) Temporary sales facility - not to exceed 3 years from the date of the first Final Plat. Special Uses: None. 4. Minimum Building Setback Requirements: All buildings, accessory structures and other site improvements shall be located within the building envelope as shown on the final plats. Driveways, utility lines, septic systems and an entry/address monument are allowed outside of the building envelope. Golf course plantings and cart paths are allowed to encroach into residential lots provided an easement is established on the final plat. Selective thinning of vegetation consistent with recognized wildfire protection standards is allowed outside of the building envelope. The control of noxious weeds outside of the building envelope is permitted. On lots 24 -50, the lot itself shall serve as the building envelope. 5. Maximum Building Height: 35 feet. 6. Parking: Each residence shall provide a minimum of 3 on site parking spaces. If a secondary unit is included within the property an additional 2 on -site parking spaces shall be required. B. Residential Cluster Purpose: To provide an area for a single family residential cluster project. This PUD Designation shall be applied only to area Tract AA, (Lots 24 - 50). 2. Uses by a. 27 Single family dwelling units. b. Accessory uses customarily appurtenant to single family homes. C. Interval ownership. d. Utility services. e. Golf course and golf cart paths. f. Temporary sales facility - not to exceed 3 years from the date of the first Final Plat. g. Common open space and recreation amenities. 3. Development Plan Tract AA may be developed in a single or multiple phases and building permits may be issued for each phase based upon Eagle County Planning Staff review and approval of a detailed development plan for that phase. 4. Special Uses None 5. Minimum Building Setback Requirements: Setbacks from the Bellyache Ridge Road right -of -way shall be a minimum of 50 feet. Setbacks from interior road right -of -way shall be a minimum of 10 feet. There shall be a minimum separation between buildings of 25 feet. 6. Maximum Building Height: 35 feet. 7. Parking:. Each residence shall provide a minimum of 3 on site parking spaces. C. Golf Course 1. Purpose: To provide for golf course and related improvements. 2. Uses by Right: a. Golf course and related ancillary facilities such as restrooms, starter shack, teaching facilities. b. One Golf Course Clubhouse per course including: restaurant space, cart and bag storage, staff administrative space, lobby, reception, men's and women's locker rooms, fitness facility, golf pro shop, and real estate office not to exceed 30,000 square feet each. Each clubhouse shall also be allowed one employee housing unit not to exceed 1500 square feet. Restaurant seating shall be limited to 110 seats, plus /minus five percent, of indoor capacity. C. Tennis courts and swimming pools. I Starter house. e. Driving range /teaching facility. 0 r f. Maintenance facility. The east side maintenance facility shall be allowed one employee housing unit not to exceed 1500 square feet. g. Public or private roads and utilities including bridges, utility improvements, lines and mains, facilities, services and buildings. h. Storm shelters and restrooms. i. Concessions and temporary special event structures. 3. Special Uses None 4. Building Setback Requirement: All buildings, accessory structures, and other structural site improvements shall be as generally located on the Preliminary Plan and no closer than 25 feet from any property line. 5. Maximum Building_ Height: 40 feet. D. Open Space/Recreation - Tracts OSl - OS 9 1. Purpose: To provide site for natural open space and limited recreation uses. 2. Use by Right: Foot trails, picnic areas, shade shelter /gazebo. Seasonal use foot trails. 9. DESIGN REVIEW Design Guidelines have been prepared at a preliminary level which will establish architectural and building material standards, landscape design, site design standards and protection requirements and a design review process for the design and construction of all homes within Red Sky Ranch. 10. SIGNS The following sign code shall be considered as an integral portion of this Planned Unit Development: 7 C" G Project Identification/Entry Monument Sign One sign, not to exceed 32 square feet in size and 10 feet in height, may be located within the boundary of the property in the vicinity of the main entrance. One sign not to exceed 16 square feet in size and 8 feet in height may be located at each secondary or service entry to the property. These signs may identify the project and the purpose of the entry road (i.e. maintenance facility or residential street name). If a ranch style entry feature is constructed then a sign may be placed on the crossbar in lieu of an entry monument sign. This would be allowed a height of 20 feet and the lettering and logo image would not exceed 50 square feet. These signs may not be internally illuminated and any exterior illumination must utilize a cutoff or non - visible light source. Identification Signs Each separate use and /or separate non - residential building shall be allowed one identification sign not to exceed 32 square feet in size which may be wall mounted or freestanding. Freestanding signs shall not exceed 10 feet in height and wall mounted signs shall not exceed 20 feet in height. The intent of these signs is to allow identification of the buildings and uses associated with the Golf Course (i.e. restaurant, pro shop, driving range). Directional Signs Directional signs shall be allowed provided that the total area of each individual sign shall not exceed 6 square feet in size and the maximum height shall be 8 feet. The intent of these signs is to guide automobile, golf cart and pedestrian traffic within the site. Golf Course Signs Signs shall be allowed to identify features of the golf course site to on site users of the property. These signs may include, but not be limited to, hole identification signs, tee markers, fairplay boundary signs, yardage signs and markers, green signs, restroom signs, rain shelter signs and other similar and typical golf course related signs as deemed appropriate by the management of the course. Residential Properties Each home at Red Sky Ranch will be allowed an entry identification plaque not to exceed 5 square feet, which may be placed within or on entry monuments located at the junction of the roadway and the driveway. Eagle County Sign Regulations The above sections are intended to supercede any conflicting regulations or standards within the Eagle County Land Use Regulations, Division 4 - 3, Sign Regulations. All other provisions of Division 4 - 3 are applicable to the Red Sky Ranch Planned Unit Development. 8 11. CONFLICTS The specific provisions of this Guide shall supersede those of the Eagle County Land Use Regulations. However, where the Guide does not address an issue, the specific provisions of the Eagle County Land Use Regulations shall prevail. 12. CONTROLS A. Dog Control and Wildlife Mitigation All residential lots, owners and guests shall be subject to the approved wildlife mitigation agreement. All golf operations and use of open space shall also be subject to the approved wildlife mitigation agreement. All dogs and dog owners/handlers shall be subject to the approved wildlife mitigation agreement. B. Maintenance 1. All lots must be maintained in a clean and litter free condition. 2. No unlicensed motor vehicles may be stored on a lot unless stored in a visually unobtrusive manner. 3. Noxious weeds must be controlled and eliminated by the lot owner. 4. All land surface disturbed by construction or, erosion must be satisfactorily revegetated. The Design Review Board may require additional revegetation work if it deems it necessary. 5. Dead or down vegetation which may contribute to wildlife hazard must be eliminated by the lot owner or by the Homeowner's Association if it is located on land owned by the Homeowner's Association. All lot owners must manage vegetation within the lot in accordance with the wildlife mitigation guidelines established by the Colorado State Forest Service. C. Construction All construction shall be subject to erosion control measures and standard Best Management Practices to control dust emissions, air quality, water quality and noise and odor limitations as further described in the Red Sky Ranch Design Guidelines. M C D. Sprinkling /Central Alarm All habitable structures shall be sprinkled and shall have installed and maintained a central alarm system with 24 -hour monitoring. E. Illumination Standards The purpose of this section is to establish standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance, detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Socium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering, shielding, height and number of sources. Mercury vapor lamps are discouraged. Street lights used for illumination of public ways are encouraged to be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees, bushes, etc.) should be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. 13. PUBLIC PLAY During the shoulder season, i.e. prior to June 1 and after September 15, Vail Resorts Development Company (VRDC) will reserve eight (8) tee times for a total of thirty two (32) golfers, Monday through Thursday, for local play. If these tee times are not reserved by local players they may be assigned to hotel /resort guests on the morning of play. The cost of play for Eagle County residents will be discounted 40% from the hotel /resort fees in place at the time of play. During the shoulder seasons additional local play will be allowed for unused hotel /resort tee times on a standby basis. In addition VRDC will make one ofthe course available for two (2) charity tournaments prior to June 1 and two (2) charity tournaments after September 15, holidays and weekends excluded. There will be no charge for the use of the course, golf carts or golf course staff, however, VRDC reserves the right to select the charity groups, tournament format and tournament dates and times. Said policy shall be implemented on the opening day of each season. 10 A Exhibit D V A I L R E S O R T S D E V E L O P M E N T C O M P A N Y November 30, 2000 Joseph Forinash Eagle County Senior Planner P.O. Box 179 500 Broadway Eagle, CO 81631 -0179 RE: Housing plan Commitment associated with the Red Sky Ranch PUD (File Number PDS- 00017) Dear Mr. Forinash: As a condition to the Preliminary Plan for the referenced PUD, Vail Resorts Development Company (VRDC) committed to a housing plan, which provided for the development of future affordable housing units as well as for employee housing units. The following outlines the specifics of this commitment. I. Affordable Housiniz The County does not currently have a formal affordable housing plan in place, which provides developers with a quantifiable obligation to provide affordable housing. However, VRDC hereby volunteers the following plan, to produce affordable housing as the Red Sky Ranch project is developed. 1) VRDC will provide for a funding source for the development of affordable housing. This funding source may be in the form of multiple options. However, for the purpose of this agreement VRDC will be the entity that the county can hold responsible for fulfilling this commitment. 2) VRDC will cause the development of four new affordable housing units within four years after Final Plat approval for Red Sky Ranch. The units will be located within Eagle County. At the time that the location and design of these units are finalized, VRDC will deliver written notice to the County regarding these specifics. VAIN RESORTS Page 1 Vail Resorts Development Company • 137 Benchmark Road • Post Office Box 959 • Avon, Colorado 81620 -0959 • (970) 845 -2535 • fax (970) 845 -2555 • www.snow.com Vail • Breckenridge • Keystone • Beaver Creek • Bachelor Gulch • Arrowhead • Red Sky RancW" 40 0 VAIL R ESO RTS DEVELOPMENT COMPANY (3) The Department of Housing and Urban Development (HUD) researches and regularly publishes the Median Family Income (MFI) for counties throughout the United States. It is commonly accepted that if a home can be feasibly purchased by an individual or couple earning significantly less than the MFI, the home is considered affordable. Typically 60% to 80% of the MFI is the percentage used with this approach. (4) Given the foregoing, VRDC will commit that the four affordable housing units will be priced such that an individual or couple earning no more than 75% of the Eagle County MFI (the most "current" MFI published by HUD) can qualify as a purchaser of that unit. (5) Example: Using a hypothetical MFI of $60,000, the following demonstrates how the preceding standard is applied. Eagle County MFI Multiply by 75% Targeted Purchaser Income Multiply by mortgage industry standard for percentage of gross income applied to housing cost (30 %) Annual Housing Payments Divide by the current rate for Principal and Interest payments (say 8.5 %) $ 60,000.00 $ 0.75 $ 45,000.00 $ 0.30 $ 13,500.00 0.085 Targeted maximum home price $ 158,823.53 Since the foregoing example will be affected by the two variables of future MFI's and Interest Rates, VRDC will provide the Eagle County housing coordinator with current calculations using data from the year in which the units are delivered. (6) VRDC must accomplish this commitment by building new units. All units will be sold subject to a deed restriction limiting re -sale prices to appreciation rates based on the Consumer Price Index (CPI). (7) VRDC further agrees that the units will be a minimum size of 1,200 square feet each. Page 2 R 19 VAIL R ESORTS" DEVELOPMENT COMPANY (8) If VRDC has not fulfilled this commitment within four years following approval of the Final Plat for Red Sky Ranch, VRDC will pay a sum of money equal to the number of affordable units not built (between one and four) multiplied by one and one -half (1.5) times the targeted maximum home price in year four. However, there will be a limit to the amount paid by VRDC, which shall be equal to the targeted maximum home price in the year 2000 (as defined above) multiplied by an appreciation rate of 5% for each of four years, multiplied by 1.5. For example, if the targeted home price in 2000 is $160,000, then VRDC would pay $291,721 in year 2005 (160,000 x 1.05 (4 times) x 1.5). This payment will be made into an escrow account to an Eagle County Bank. The bank must be approved by the Eagle County Housing Coordinator. The terms of the escrow agreement will stipulate that the funds are to be used for the purpose of producing affordable housing units in Eagle County. The Eagle County Housing Coordinator, or other persons designated by the County, will be ceded control of this escrow account and have authority over how and when the funds are used. II. Employee Housing (1) VRDC will develop two on -site housing units for Red Sky Ranch full -time employees. These units are in addition to the 87 homesites approved at Preliminary Plan. Both of these employee units will be built near the main entry to the community (Tract H on Preliminary Plan). One unit will be a 3 bedroom home. The second will be an apartment above a garage. At least one dwelling unit will be completed within twelve months after the opening of the initial golf course. The second dwelling unit will be completed within twelve months after the opening of the second golf course. (2) VRDC will reserve a specific number of off -site Red Sky Ranch seasonal employee housing units. The summer seasonal demand for units by Red Sky Ranch employees coincides well with the availability of VRDC controlled units during non -ski months. The closest employee housing complex to Red Sky Ranch is Lake Creek Apartments in Edwards. Therefore VRDC will allocate at least five of these apartments to serve the housing needs of seasonal employees at Red Sky Ranch during the summer golfing season. (3) The final employee housing component stipulates that the forty (40) larger residential lots east of Old Faithful Ridge shall be allowed a caretaker unit not to exceed the square footage called for by lot size in the Eagle County Land Use Regulations. VRDC will provide this option to buyers and builders. Page 3 E a C) 0 VAIL R ESO RTS" DEVELOPMENT COMPANY This Housing Plan Commitment will be entered into the file and record associated with the Red Sky Ranch PUD (No. PDS- 00017) and will remain in effect until the terms herein are fulfilled by VRDC and satisfactory evidence of such fulfillment is delivered to the Eagle County Planning Department. Sincerely, Mark R. Thorne Vice President MRT /jl J /mthome /fbrinashPUD2 /j 1/ 112900 Page 4 M { Exhibit E RED SKY RANCH WILDLIFE MITIGATION AND ENHANCEMENT PLAN, EAGLE COUNTY, COLORADO Prepared for: Vail Resorts Development Company P.O. Box 7 Vail, Colorado 81657 Submitted to: Peter Jamar Associates, Inc. 37347 U.S. Highway 6, Suite 212 Avon, Colorado 81658 Prepared by: Richard W. Thompson Western Ecosystems, Inc. 905 West Coach Road Boulder, Colorado 80302 October 31, 2000 Copyright ® 2000. Western Ecosystems, Inc. All rights reserved. No part of this document may be reproduced or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, or by any information storage or retrieval system, without permission in writing from the author. C:L..IPROJECTSVOUFLAS000M OIJAREDSKYOc1310 0AP t Plan �Iildlife Management and Enhance t Plan Red Sky Ranch TABLE OF CONTENTS Section 1.0 INTRODUCTION Page ..... ............................... 1 2.0 RED SKY RANCH - GOLF COURSE COMPONENT ..................................... ............................... 2 2.1 Wildlife Movement Corridors ................................................................. ............................... 2 2.2 Clubhouse and Maintenance Facility Building Envelopes ....................... ............................... 4 2.3 Big Game Winter Range ......................................................................... ............................... 4 2.4 Elk Calving ............................................................................................. ............................... 7 2.5 Seasonal Use Restrictions ....................................................................... ............................... 8 2.6 Reclamation/ Landscaping ...................................................................... ............................... 9 2.7 Dogs and Pet Control ............................................................................. ............................... 9 2.8 Fencing ................................................................................................... .............................10 2.9 Bears/ Trash Removal/ Nuisance Wildlife ............................................... .............................11 2.10 Horses ..................................................................................................... .............................12 2.11 Wildlife Mortality on Local Roads ........................................................ ............................... 12 2.12 Water Quality ........................................................................................ ............................... 13 2.13 CDOW Indemnification ........................................................................ ............................... 13 2.14 Enforcement ......................................................................................... ............................... 13 3.0 RED SKY RANCH - RESIDENTIAL COMPONENT ............. ............. 13 3.1 Home Siting ............................................................................................ .............................13 3.2 Building Envelopes .... ............................... ............................................ ............................... 3.3 Compensation for Lost Big Game Winter Range ................................... .............................14 3.4 Seasonal Use Restrictions ....................................................................... .............................15 3.5 Reclamation/ Landscaping .................................................................... ............................... 15 3.6 Dogs and Pet Control ............................................................................. .............................15 3.7 Fencing ................................................................................................... .............................16 3.8 Bears/ Trash Removal/ Nuisance Wildlife ............................................... .............................18 3.9 Mountain Lions ..................................................................................... ............................... 20 2.10 Horses ..................................................................................................... .............................20 3.11 Wildlife Mortality on Local Roads ........................................................ ............................... 20 3.12 CDOW Indemnification ........................................................................ ............................... 21 3.13 Education ................................................................................................ .............................21 3.14 Enforcement ......................................................................................... ............................... 21 4.0 ADDITIONAL COMMITMENTS ........ 5.0 LITERATURE CITED .................. ............................... ....................... 21 ............................. 22 Western Ecosystems, hic. October, 2000 i Wildlife Management and Enhan ant Plan Red Sky Ranch TABLE OF CONTENTS (CONTINUED) LIST OF MAPS WE 1. Red Sky Ranch wildlife constraint map .......... ............................... 2. Red Sky Ranch residential and golf course development plan Page ... ............................... 23 ... ............................... 24 Western Ecosystems, Inc_ October, 2000 ii `Wildlife Management and Etflian Le'nt Plan Red Sky Ranch 1.0 INTRODUCTION This Wildlife Mitigation and Enhancement Plan, developed for the proposed Red Sky Ranch, proposes Vail Associates, Inc's. (VA) commitments to avoid, minimize, and mitigate impacts resulting from the proposed development, as described in (Thompson 1999). The standards contained in this plan are consistent with, or exceed, those associated with other Wildlife Mitigation and Enhancement Plans developed for the surrounding area. This plan was revised from the October 26, 1998 final draft submitted to the County and approved by the County and CDOW as part of the approved Jouflas Ranch Golf Course Special Use Permit. Revisions reflect the additions of residential development and the second golf course to the larger project area now known as Red Sky Ranch. This Wildlife Mitigation and Enhancement Plan (Plan) was developed to avoid, minimize, and mitigate wildlife impacts resulting from the present development proposal associated with two, 18 -hole golf courses and residential development on the north side of Bellyache Ridge, on a former portion of Jouflas Ranch. The proposed 780 -acre development is presently known as Red Sky Ranch, including both the golf course and residential components. The golf course component refers to the area managed as a golf course, including, but not limited to, the course, maintenance facilities, clubhouse, and parking lots. Section 1.0 of this Plan, below, addresses the golf course component of the overall project. Section 2.0, below, the residential component, includes all other areas of the property outside of golf course management and use, including, but not limited to, residential lots outside the golf course (defined above), roads, non -golf course open space, etc. Map 1 (attached) shows seasonal wildlife ranges on and adjacent to the property. Map 2 (attached) shows the proposed golf course and residential development plan. The wildlife planning process associated with the proposed golf course and residential developments involved conducting field surveys to delineate important wildlife areas, providing that information to planners who located structural developments outside of those areas, then conducting a series of feedback loops where the project design was further refined. The specifics contained herein have evolved from existing wildlife information, results of intensive field surveys, discussions, and meetings with CDOW representatives, input from Eagle County (County) and the public, and meetings and discussions with staff and professionals representing the proponent. This plan not only considers the golf course and residential components of the proposal, but also considers how this development can be integrated into existing and potential surrounding developments to facilitate continued wildlife use. This plan is organized by wildlife issues. Where mitigation measures apply to more than one issue, they are discussed under the most appropriate issue and only mentioned under other issues. VA, its successors or assigns, which might undertake some or all of the owner's commitments, as delineated below, propose to commit to the followingwildlife mitigation measures. This Plan, composed of golf course and residential components, will be effective in phases upon Eagle County approval of each development phase of the Red Sky Ranch PUD. This plan will be effective immediately upon Preliminary Plan approval for the portion of the property east of Old Faithful Ridge and, for the portion of the property west of Old Faithful Ridge, upon the approval of the first final plat for that area. In the event that the Red Sky Ranch PUD is not approved and implemented, VA shall not be required to implement the respective component(s) of this Plan. Western Ecosystems, Inc. October, 2000 Wildlife Management and Enhance -itl Plan ' Red Sky Ranch 2.0 RED SKY RANCH - GOLF COURSE COMPONENT This section of the Plan addresses the golf course component of the overall 780 acre Red Sky Ranch PUD. The golf course component refers to the area under golf course management, including, but not limited to, the two courses, maintenance facilities, clubhouses, and parking lots, as shown in Map 2. In the event of conflicting guidelines, regulations, covenants, etc. within this Plan and /or between this Plan and PUD Guidelines, the most restrictive provisions shall apply. 2.1 WILDLIFE MOVEMENT CORRIDORS A. Portions of two wildlife movement corridors on the north side of Bellyache Ridge cross Red Sky Ranch. The ridge corridor is centered on, and extends the length of, the ridge bisecting the middle of Red Sky Ranch (Map 1). This corridor is generally 1,000 feet wide in more open, mountain shrub habitat, but narrows slightly (to not less than 800 feet wide) on the south where it extends through dense forest cover. The northwestern tip of the property overlaps the edge of another designated movement corridor extending along Jackson Ridge. B. That portion of the Jackson Ridge corridor on the property is undeveloped. No Red Sky Ranch development (including golf) would occur within that designated corridor. The closest structure to that corridor is one proposed residence, whose building envelope is setback 1,100 feet from the closest edge of the corridor. Therefore, there is actually a viable, de facto corridor, composed of at least portions of 10 golf holes, on relatively flat terrain east of the defined corridor. C. Golf courses, per se, are relatively compatible with movement corridors, provided existing cover is not reduced without increasing corridor width, no structural restrictions are present (including large ponds), and golf course (including nocturnal, non -golf related) use periods are compatible with animal use. To that end, there shall be no golf course or driving range lighting that would allow nighttime use of the golf courses. D. To maintain corridor viability, there shall be no structures or other land uses, which would restrict animal movements within these corridors, as defined herein. Two existing gravel roads now cross the ridge corridor, one to the substation and one for access to the western portion of Jouflas Ranch. This latter road will be closed and obliterated. Infrequently used, on- grade, low speed roads, as proposed, are not incompatible with wildlife movements. Cut and fill slopes along roads/ paths will be designed to be compatible with wildlife movements. Extensive retaining walls are prohibited. With the exception of the existing ranch roads, a proposed road for access to the western side of Red Sky Ranch, and a golf cart path crossing the ridge, structural development should be prohibited in this corridor to the extent that a functionally viable corridor is preserved. The Red Sky Ranch Preliminary Plan, dated October 25, 2000, respects this corridor and is the approved development plan. E. There shall be no unnecessary activities within the designated movement corridors from November 20 to December 15 and from April 1 to May 15 to facilitate wildlife movements through the corridors. Furthermore, because these corridors also represent critical winter range, unnecessary activities are also restricted from December 15 to April 15 to maximize winter range use. To that end, Western Ecosystems, Inc. October, 2000 t 2 Wildlife Management and Enhance . 1 1t Plan ` Red Sky Ranch VA commits to allowing no construction or recreational activities within the corridors, as defined herein (see Map 1), during the period from November 20 to May 15, dates inclusive. This specifically includes construction of the golf course path where it crosses the ridge corridor. F. With the exception of the proposed access road and a golf cart path across the ridge, it is VA's intention that there would be no other development associated with Red Sky Ranch that would occur within either wildlife movement corridor on the property. This includes incompatible structural and golf course developments. To that end, the CDOW and VA representatives shall conduct a site survey in spring- summer 2000 to define the precise boundaries of the ridge corridor in the field. With the results of that survey, VA and the CDOW shall determine what portions of the golf course, if any, occur within the movement corridor. If no portions of the golf course occur within the corridor there would be no golf course construction, maintenance, or play restrictions related to spring and fall big game migration. If golf course facilities other than the cart path are determined to be within designated movement corridors, areas of encroachment would be subject to the construction, maintenance, and play restrictions discussed in Paragraph G, below. G. In the event that non - structural golf course facilities (i.e., tee boxes, fairways, greens, graded roughs, cart paths, utilities, etc.) occur within the designated movement corridor, as defined by the spring- summer 2000 field survey, the following development and use restrictions shall apply. 1. Construction for those golf - course facilities occurring within designated wildlife movement corridors is prohibited during the period from November 20 to May 15, dates inclusive. This includes spring and fall migration and the winter range period. 2. Legitimate golf course maintenance activities may occur on those golf course facilities within designated wildlife movement corridors. However, such activities from November 20 to December 15 and from April 1 to May 15, dates inclusive, shall be confined to daylight hours (defined as 8:00 AM to 5:00 PM, for both Mountain Standard and Mountain Daylight Savings Times), with the exception of emergencies, when big game are unlikely to be present. Golf course maintenance activities are also subject to other seasonal activity restrictions (see Sections 2.3 and 2.5, below). 3. Golf course play on those portions of the course located within designated wildlife movement corridors shall be restricted to daylight hours, as defined above, from November 20 to December 15 and from April 1 to May 15, dates inclusive. H. Golf course maintenance travel is permitted through the ridge corridor year- round, as long as that travel is confined to the proposed road over the ridge. Use of the cart path through the ridge movement corridor for legitimate golf course maintenance activities is restricted to daylight hours, as defined above, from November 20 to December 15 and from April 1 to May 15, dates inclusive. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period (see Sections 2.3 and 2.5, below). I. Vegetative manipulation within the wildlife movement corridors, as defined herein, has been minimized by golf course development, and may be avoided altogether, depending on results of the spring- summer 2000 field survey. The local, minor, non - structural intrusion of golf course tee boxes, Western Ecosystems, Inc. October, 2000 Wildlife Management and Enhanw�nt Plan Red Sky Ranch greens, portions of fairways, and rough grading into the corridor that might not be avoided, would result in the loss of some mountain shrub habitat, but would not otherwise compromise local corridor viability. Elsewhere on the ranch, manipulation of native habitats shall be avoided to the extent practicable. This will not only facilitate wildlife movements outside of corridors, but also maximize big game winter range values. J. Fencing shall be restricted on the golf course (see Fencing section, below). K. Consideration has been given to locating maintenance facilities and the clubhouses to maximize movement corridor width and habitat block size. Outdoor lighting associated with all golf course facilities (specifically the maintenance facilities, clubhouses, and ancillary facilities [e.g., parking lots]) shall be downcast using baffles to minimize fugitive lighting. L. To reduce human intrusion into movement corridors, it would be best if no trails were developed along or crossing the ridge or along the ridgeline of Jackson Ridge. Trails in these areas could be compatible with wildlife use provided recommended seasonal closures were 100% effective. However, without full compliance, these trails could become an attractive nuisance, reducing habitat effectiveness within and beyond sensitive habitats on Red Sky Ranch. 2.2 CLUBHOUSE AND MAINTENANCE FACILITY BUILDING ENVELOPS A. Golf - related structural development has avoided the wildlife movement corridors to eliminate obstacles, reduce habitat loss, and increase habitat effectiveness. Structural golf facilities will be developed in tracts integrated into the golf course. No structures (e.g., golf course clubhouses, maintenance facilities, restrooms, etc.) shall occur outside the golf course tracts, with the exception of access roads, driveways, and utility and infrastructure construction. Consideration will be given to retaining existing, native vegetation for golf course landscaping. Disturbance areas outside of golf course landscaping should be revegetated as soon as practicable with native plant species. Construction activities shall implement Best Management Practices. 2.3 BIG GAME WINTER RANGE A. The entire 780 -acre property is contained within a matrix of CDOW - designated critical elk and deer winter range. Portions of the property and nearby properties also contain areas of winter concentration area and severe winter range. Therefore, while these important habitats could not be entirely avoided, impacts will be minimized and at least partly offset by implementation of the following measures. B. A large area of critical big game winter range will be avoided by the preservation of the ridge wildlife movement corridor. C. Although some existing, native habitats on the property will be fragmented and replaced by irrigated turf, the loss of native habitats will be minimized to the extent practicable by innovative course construction that minimizes grading and incorporates native habitat features into course design. Western Ecosystems, Inc. October, 2000 4 Wildlife Management and Enhances ai Plan Red Sky Ranch Such design features will include (1) minimizing the loss of native vegetation, (2) locally incorporating undisturbed sagebrush stands or other habitat features into fairways as play over areas, as long as they will not increase play time, (3) salvaging and transplanting native shrubs and trees from graded areas back into the final courses, and (4) measures listed below in Paragraph L. Non -native forage on the golf course will be extremely attractive to big game during spring and fall transitional periods and during winter. Dog restrictions (see Section 2.7, below), seasonal closures within the movement corridors, and limiting winter activity associated with the golf course will further facilitate continued big game winter use. D. The golf course architect shall consult with the project biologist early in the course design process so that the architect can develop a better understanding of game damage on golf courses located on critical winter range and the need to minimize loss of native habitats. VA agrees to mitigate for lost native habitat areas as further described in this agreement. E. To facilitate the big game winter range use, VA commits to allowing no construction or recreational activities within the golf course portions of the property from December 15 to April 15. Legitimate, periodic maintenance activities may be required during the winter period. However, such periodic maintenance activities shall be confined to daylight hours, unless indoors, with the exception of emergencies. Use of the clubhouses, restaurant, and golf course maintenance facilities are allowed during the winter period, as long as activities are confined indoors. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period. F. Golf course maintenance personnel shall be prohibited from chasing, scaring, frightening, disturbing, or other forms of harassment in an attempt to coerce big game off the golf courses, driving ranges, and open space areas. This provision shall apply year- round. G. Dogs specifically trained to chase Canada geese, in accordance with U.S. Fish and Wildlife Service policy, are an effective and allowable means of reducing nuisance goose use on the golf courses. Such use of trained dogs is permitted within the boundaries of the golf courses to displace geese as long as no big game are present. All other dogs are prohibited on the golf courses and at golf course facilities, as described in Section 2.7, below. H. Golf course management shall have the right to locally restrict wildlife from golf course tees, greens, landscaping clumps, and other sensitive areas by using temporary fencing, ropes, flashing lights, and other passive means. Any fencing erected shall not restrict free movement of wildlife, but shall be used in small, localized areas to help avoid possible problems. I. Snowmobile use on the property shall be restricted to "official" golf course maintenance personnel only. There shall be a good faith effort to minimize this "official' snowmobile use. Snowmobile use shall be limited to weekly inspection of protective fencing and /or other measures around tee boxes and greens, weekly inspection of restroom facilities, weekly geologic boring, monthly water well monitoring, and bonifide emergency maintenance situations. J. Since the golf courses and surrounding areas on the property represent big game winter range, winter recreational use of the 780 -acre property, including, but not limited to, cross - country skiing, Western Ecosystems, Inc. October, 2000 Wildlife Management and Enlianc ..e it Plan 0 11 Red Sky Ranch snowshoeing, and other uses; shall not be promoted, marketed, or encouraged by VRDC for any organized activities. K. Historic sheep grazing will be terminated on this property, potentially leaving additional standing forage for wintering big game. L. Disturbed areas between fairways that are not retained in native habitat as golf course roughs will be planted with a seed mix determined by the golf course architect/ superintendent to be desirable for golf and determined by the CDOW to be attractive to big game. The rough mix used at Arrowhead Golf Course meets both criteria. Other beneficial seed mixes could also be developed with CDOW consultation. These areas will function as winter big game habitat. Golf course roughs shall be left long in the fall to provide additional winter forage. M. Golf course design will avoid and minimize disturbance to some native habitats, however, there will still be a 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 compensatory enhancement, where winter range 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. In addition to compensation for winter range impacts, VA will also commit to mitigating impacted specialized habitat areas, such as wetlands and riparian areas. N. To compensate for the loss of winter range associated with golf course development, a one time voluntary contribution will be made to the Bellyache Ridge Wildlife Trust Fund (BRWTF). Interest and /or principal generated by this fund shall be spent only in Game Management Units 44, 45, 35, and /or 36 to benefit animals in the herd actually affected by habitat loss south of I -70 on Bellyache Ridge. Enhancement of 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 portions of the golf course. On -site mitigation generally has the highest efficacy, followed by mitigation or enhancement in adjacent areas. This approach should help maintain the functional value of the affected winter range and bring the golf course in compliance with the County Master Plan. O. The proposal before the County will result in the loss of native habitat designated as critical big game winter range. Compensation for the loss of such habitat shall be based upon the following factors: (1) the acreage of lost 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 (1999) fertilization costs (presently at $60.00- 65.00/ ac., depending on quantity), and (4) an interest rate of 5 %. This formula results in a one -time payment of principal to mitigate the loss of winter range. The compensatory contribution(s) will be paid into the BRWTF and will be administered by the Bellyache Ridge Wildlife Committee (described below). Interest generated by this fund will be used for authorized wildlife enhancement projects in the Edwards - Wolcott-Eagle area. Compensatory payment shall be due within one month following County approval of the final plat (i.e., before Western Ecosystems, Lic. October, 2000 6 Wildlife Management and Endi nc r..,;iit Plan Red Sky Ranch groundbreaking), since it will take three years to generate enough interest for the first enhancement effort. P. The acreage of winter range values lost to golf course development shall be determined during good faith discussions between VA and the CDOW at the time the design of each golf course is finalized. Any impact acreage discrepancy between Final drawings and that resulting from the completed golf course could be adjusted via an additional contribution or CDOW- authorized withdrawal from the fund. Affected winter range requiring compensation is that acreage of native habitat disturbed by golf course terrain, cart paths, clubhouses, restaurants, maintenance facilities, parking lots, roads, and other ancillary structures and ground disturbance areas. Mitigation efforts should primarily focus on those animals affected by Bellyache Ridge developments, but if this is not possible, adjacent habitats and big game populations should be targeted. Q. The Bellyache Ridge Wildlife Committee, composed of representatives from the CDOW, Bureau of Land Management (BLM) and /or U.S. Forest Service (USFS), and County, will authorize projects. Participation of the BLM and /or USFS is requested because their adjacent lands may be important for existing and future wildlife mitigation efforts. The committee will decide by consensus on what, when, and how enhancement projects will be conducted. 2.4 ELK CALVING A. No elk calving per se presently occurs on Red Sky Ranch because of (1) unsuitable cover (in sagebrush - grassland habitat), (2) chronic disturbances extending from the Bellyache Ridge Road, which bisects the site, and (3) domestic sheep grazing during the calving period, which displaces calving elk. However, calving grounds occur to the west and south of Red Sky Ranch that could be affected by proposed development. Furthermore, distal portions of several western course golf holes would intrude into the mountain shrub habitat that is used by cows as foraging habitat during the calving period. The following measures shall be implemented to avoid and reduce potential impacts to calving and rearing habitats. B. Golf course terrain along the northwestern end of the western course has been moved back at least 50 yards from the topographic break at the top of Jackson Ridge. Existing, native habitat within this zone shall remain undisturbed. This zone will preserve some foraging values that may be used by cows during the calving season, but is primarily intended as a buffer zone to keep disturbances well back from the edge of the ridge. This setback, the ridgeline, the dense, intervening Douglas-fir stand with a mountain shrub understory, and approximately 200 vertical feet of relief should provide an adequate buffer between the golf course and the calving that occurs in the aspen stand below Jackson Ridge. Prior to any golf course construction or habitat disturbance, the edge of this 50 -yard setback along the entire northwestern end of the western golf course (involving golf holes 5, 6, 7, and 16) shall be delineated by plastic snow fence or silt fence to define the boundary of the disturbance zone. All construction activity, ground and vegetative disturbance shall be excluded from this zone. This fencing shall be left in place until all golf course construction and landscaping is completed. Construction activities shall implement Best Management Practices. Western Ecosystems, Inc. October, 2000 Wildlife Management and Eiihance , Ant Plan Red Sky Ranch C. An additional 25 -foot landscaping buffer will be established around the northwest end of the golf holes identified in Paragraph B, above. This zone will permit grading and subsequent landscaping with dense, shrubby vegetation to keep balls, players, and maintenance out of the undisturbed buffer zone. D. Cart paths will be kept to the fairway sides of western course golf holes 6, 7, and 16 greens and tee boxes to keep disturbances as far from the ridgeline as possible. E. Dogs and other pets on Red Sky Ranch shall be controlled according to provisions in Section 2.7, below. 2.5 SEASONAL USE RESTRICTIONS A. Inappropriate recreational use of the golf course and open space areas could further adversely affect continued wildlife use of the property and adjacent undeveloped areas. Because continued big game use of developed and undeveloped areas on the property will generally be confined to the dusk to dawn periods year- round, and over a broader periods outside the golf season, it is most important to restrict incompatible or disruptive activities during these intervals. B. To preserve migration corridor viability through the property, VA commits to allowing no construction or recreational activities within the corridors during the periods from November 20 through December 15 and from April 1 through May 15, dates inclusive. (Note that there is also a similar winter range restriction that applies to the period from December 15 through April 15, dates inclusive.) Furthermore, all construction activity outside of corridors during these periods shall be confined to daylight hours, (defined in Section 2.1, Paragraph G, Subparagraph 2, above), excluding emergencies. Bonifide, periodic, golf course maintenance activities may be required during these migration periods. However, such maintenance activities shall be confined to daylight hours, unless indoors, with the exception of emergencies. Golf course construction - related travel is permitted through the ridge corridor year- round, as long as travel is confined to the proposed road over the ridge. C. To preserve big game winter range values on and adjacent to the property, VA commits to allowing no golf course construction and any construction or recreational activities within the defined movement corridors (also winter range) during the period from December 15 through April 15, dates inclusive. (Note that there are also similar migration restrictions that apply to the periods from November 20 through December 15 and from April 1 through May 15, dates inclusive.) Furthermore, all construction activity outside of golf courses and movement corridors during these periods shall be confined to daylight hours, excluding emergencies. Bonifide, periodic, golf course maintenance activities may be required during this winter range period. However, such maintenance activities shall be confined to daylight hours (defined in Section 2.1, H, above), unless indoors, with the exception of emergencies. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period. Use of the clubhouses, restaurant, and golf course maintenance facilities are allowed during the winter period, as long as activities are confined indoors. Western Ecosystems, Inc. October, 2000 Wildlife Management and Enhan mitt Plan C 11 1 Red Sky Ranch 2.6 RECLAMATION/ LANDSCAPING A. Wildlife habitats disturbed by construction activities that are not revegetated as golf course play areas shall be reseeded or replanted with those native plant species originally present whenever possible. Where future service access is required, trees can be excluded from buried or overhead utility corridors. Road shoulders, ditches, and cit and fill slopes may exclude trees and shrubs to maximize vertical and horizontal sight - distances and reduce the probability of road - killed wildlife. Posted speed limits within the overall property will be slow enough that road shoulders may be reseeded with plants palatable to big game without increasing the probability of road - kills. Road shoulders shall be reseeded with plants palatable to big game. B. The golf course architect and landscape planners will utilize plant species that are beneficial to wildlife. The CDOW will not be liable for wildlife damage to landscaping. 2.7 DOGS AND PET CONTROL A. There shall be no dogs or cats permitted on the golf courses or at the golf course facilities, at any time, with the exception identified in Section 2.3, Paragraph G, above. B. Members, guests, the public, and employees shall be prohibited from bringing dogs or cats, or harboring them, on the property. C. Contractors, subcontractors, and delivery people shall be prohibited from bringing dogs onto the property, even if they intend to keep them within their vehicles. D. Golf course personnel shall be responsible for enforcing dog /cat restrictions. Stray dogs /cats may also be controlled by the County and CDOW. Such control may include the destruction of stray dogs under Colorado law. Persons not in compliance with these dog /cat restrictions will be responsible for any and all costs incurred by the golf courses, County, and /or CDOW for enforcing these provisions. Should golf course personnel knowingly fail to enforce these dog /cat provisions, the County and /or CDOW may enforce the provisions and recover any and all costs incurred. If the golf course operators or authorized agent(s) knowingly fail to enforce the dog and pet provisions of this Plan, the golf course operators and /or the individuals responsible will be in violation and be fined according to the fine structure outlined. Penalties for first, second, and subsequent violations will be a warning, $200.00 fine, and a $500.00 fine. Non - payment of a fine or failure to remove the animals(s) from the property, shall be considered a separate violation for each day that a violation continues after notice, and shall be enforced (i.e., fined) accordingly. However, golf course operators and authorized agents shall not be held responsible for stray dogs, cats, or other pets they can't catch, for pets that may pose a safety concern to course personnel, or for any animals originating off the 780 acre property. Golf course personnel shall not be responsible for controlling any stray pets from Bellyache Ridge that might enter the golf courses. E. Violation of the dog /cat policy shall result in the immediate eviction of the animal and the animal's owner or representative from the golf course property. In the event of a second violation by the same animal and /or the same animal's owner, the animal and the animal's owner or representative shall be Western Ecosystems, I c. October, 2000 Wildlife Management and Enhan nt Plan Red Sky Ranch immediately evicted from the golf course property, and the offending person in question shall be prohibited from the golf course property for the following seven (7) consecutive calendar days. In the event of a third violation, the offending person in question shall be prohibited from the golf course property for the following six (6) consecutive calendar months. 2.8 FENCING A. Fencing will be restricted throughout golf courses to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Decorative fencing not designed to allow for wildlife movements is prohibited. B. Any existing fences within the golf course portion of the movement corridor that are not needed to confine domestic livestock on adjacent properties will be removed. Where peripheral fencing is required to exclude livestock, the proponent will work with the adjacent landowner, where that landowner is willing to cooperate, to install or modify fencing to be compatible with wildlife movements. C. Fencing to exclude horses and cattle on adjacent properties that is compatible with wildlife movements includes, but is not limited to, three -strand, smooth -wire (preferred) or barbed -wire fence, with strands located at 18, 30, and 42 inches above mean ground level, with gates in the fence that can be opened to further facilitate wildlife movements outside the period when livestock are present. If continuous wood rail fencing is used to exclude horses and cattle, it should not exceed 42 inches in height and 12 inches in width (top view). There shall be an opening of at least 18 inches in the lower one -half of the wood fence to allow passage of deer fawns and elk calves. These specifications for wooden rail fencing generally require a two -rail design. Four -inch diameter rails/ slats are more compatible with wildlife movements than five -inch diameter material. D. Red Sky Ranch was historically part of an allotment grazed for several weeks each spring and fall by up to 2,000 sheep. Sheep grazing may continue on adjacent properties. To exclude sheep from Red Sky Ranch, some boundary fencing will be needed. Fencing recommended by the CDOW to exclude sheep while facilitating wildlife movements consists of a combination wooden rail /slat and woven wire design. The tops of the two wooden rails are located at 24 and 44 inches above mean ground level, respectively (assuming use of 4 inch diameter components). The area below the bottom rail is covered with woven wire. This design excludes sheep, but provides a 16 -inch space between the lower and upper rails for deer fawns and elk calves to safely pass through. E. An acceptable alternative to the above permanent design to exclude sheep is a temporary electric fence that would be erected before the sheep are on adjacent lands and removed when sheep leave. Such fencing has been shown to be an effective and economical method of containing/ excluding livestock, including sheep. Electric fencing would be most compatible with wildlife use, but would require maintenance (installing and removing fencing around a long periphery once or twice each year) in perpetuity. F. Continuous buck & rail fencing is prohibited because it is not compatible with wildlife movements. However, discontinuous (e.g., decorative) buck & rail fencing may be used in local areas provided it Western Ecosystems, Lie. October, 2000 10 Wildlife Management and Enhancement Plan Red Sky Ranch meets the following specifications. (1) Buck & rail fencing is prohibited closer than 40 feet from the edge of the Bellyache Ridge Road and internal roads within the property. This space is the minimum required to prevent animals caught on the road side of the fence from panicking and attempting to run across the road in front of an oncoming vehicle. (2) Any buck & rail fencing along the Bellyache Ridge Road should be limited to the corners of entrance roads into the property and property corners. In each of these areas, such fencing shall not exceed a single linear span greater than 40 feet (or 80 feet, where two 40 -foot spans are joined at a corner), with at least an effective 20 foot wide opening between fencing spans. Any fencing along both sides of the Bellyache Ridge Road shall have openings located opposite each other to facilitate safe wildlife crossing. (3) Within the property, spans of such fencing shall be < 40 feet in length and there shall be a gap of at least 20 feet between any two spans of fencing to allow animals to move through the fence line. (4) Buck & rail fencing is prohibited within and along the wildlife movement corridors. (5) No fencing perpendicular to the Bellyache Ridge Road (i.e., oriented east -west) is allowed between the Bellyache Ridge Road and Old Faithful Ridge. The north -south oriented golf course in this area may be used as a de facto movement corridor. (6) In the event that (in the opinion of the CDOW) fencing restricts wildlife movements or results in increased road mortality, VA will work with the CDOW to resolve the conflict. 2.9 BEARS/ TRASH REMOVAL/ NUISANCE WILDLIFE The Red Sky Ranch golf courses are located in high quality black bear habitat. Most bears do not cause damage where residential and other developments have encroached into bear habitat. The key is that if a bear doesn't find food it will move on. Black bears are omnivorous and while they mostly eat vegetation, they will eat almost anything. Bears will eat human food, garbage, hummingbird nectar, birdseed, 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, 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 on the golf course: A. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), anywhere within the courses or at their ancillary facilities (i.e., at food stands, restrooms, clubhouses, restaurants, maintenance facilities, at trailheads, etc.), unless it is contained within bear -proof containers which meet North American Bear Society, CDOW, or U.S. National Park Service specifications. Trash cans located along the golf courses are not required to be bear -proof because they will not contain refuse attractive to bears (usually just disposable water cups and golf ball boxes). However, these cans shall be emptied daily. B. There shall be no dumps or underground disposal of refuse associated with the golf courses. Buried garbage will attract bears. C. Bird feeders are known to attract bears to surrounding developments. For this reason, golf course management is discouraged from using bird feeders of any design (e.g., mixed seed, sunflower, thistle [niger], Western Ecosystems, Inc. October, 2000 11 Wildlife Management and Enhancem nt Plan Red Sky Ranch suet, fruit, mealworms, nectar [hummingbird], etc.) at golf course facilities from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food, unless the feeders and seed spillage from them are clearly inaccessible to bears. D. With the exception of bird feeders, as described above, the feeding, baiting, salting, or other means of attracting wildlife to golf course facilities is prohibited. E. All golf course construction office sites shall install and use certified bear -proof trash receptacles for any refuse associated with food or drink. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to properly handle and dispose of all materials that can attract bears. At no time will any refuse, that has been associated with food or drink, be allowed to be available to any wildlife species. This regulation shall also apply to any and all work associated with the project as a whole (e.g. road construction, utility installation, etc. See Section 3.8, Paragraph K, below, for residential provisions). The first violation of this regulation will require a warning to golf course management and notification to them of the penalties for subsequent violations. Golf course management shall then immediately correct the violation and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that can attract bears. A second violation will cause ALL construction at the site (e.g., the golf course under construction) to cease with no further construction activity occurring for a 24 -hour period. A third violation will cause all construction activity to cease for five consecutive days. Each subsequent violation shall result in a doubling of the days that golf course construction will be shut down. 2.10 HORSES Horses are prohibited on the golf courses during the period of big game winter range occupancy (December 15 -April 15). Furthermore, it is prohibited for horses to be boarded, fenced, or grazed on the property. 2.11 WILDLIFE MORTALITY ON LOCAL ROADS A. The golf courses are accessed by the Bellyache Ridge Road, I -70, and Highway 6, where vehicles kill dozens of deer and elk each year. The posted speed limit on the former road is generally slow enough to avoid most wildlife mortality, however, residents, and particularly contractors, frequently exceed posted limits in some areas. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. Contractors, employees, and guests should obey posted speed limits to avoid wildlife mortality on roads. B. Two deer crossing signs shall be located along the Bellyache Ridge Road between I -70 and the golf course entrance road advising motorists of the potential of wildlife on the road. One sign shall be located at an appropriate position at the bottom of the hill to warn uphill motorists, and the other shall be located at an appropriate position just below the eastern golf course access road to warn downhill motorists. Western Ecosystems, Inc. October, 2000 12 Wildlife Management and Enhancement Plan Red Sky Ranch 2.12 WATER QUALITY The golf courses shall be designed and operated in accordance with the Environmental Principals for Golf Courses in the United States, as published by the Center for Resource Management, Salt Lake City, Utah. Best Management Practices to contain sediment and erosion on -site during construction and operation will be implemented. Disturbed areas will be promptly revegetated to reduce erosion. Of particular concern is insuring that sediment, chemicals, and runoff are contained on -site. Any sediment ponds should be properly engineered to control runoff. Furunculosis outbreaks, thought to be caused by runoff, have occurred in the Eagle River. 2.13 CDOW INDEMNIFICATION A. Golf course management shall indemnify the CDOW from any and all future wildlife damage claims. There will be damage to landscaping planted on big game winter range. 2.14 ENFORCEMENT If golf course operators or their authorized agent(s) fail to knowingly enforce the above provisions of the Red Sky Ranch Wildlife Mitigation and Enhancement Plan, the golf course operators and /or individuals responsible will be in violation and be fined according to the fine structure outlined in Section 2.7, Paragraph D, above. 3.0 RED SKY RANCH - RESIDENTIAL COMPONENT This section of the Plan addresses the residential component of the overall 780 -acre Red Sky Ranch project Eighty -seven residential units are proposed, 67 east of the ridge and 20 to the west. The residential component includes all other areas of the property outside of golf course management and use, including, but not limited to, residential lots outside the golf course (defined above), roads, non -golf course open space, etc, as shown in Map 2. Many of the wildlife issues associated with residential development are similar to those associated with the golf course component. Background information on many of the issues addressed in this section may be found in similar golf course sections, above. In the event of conflicting guidelines, regulations, covenants, etc. within this Plan and /or between this Plan and PUD Guidelines, the most restrictive provisions shall apply. 3.1 HOME SITING Residences have been located outside of the wildlife movement corridors extending through the property. Home siting and design shall be compatible with continued wildlife use of the corridors and shall facilitate continued big game winter range use. Western Ecosystems, Inc. October, 2000 13 Wildlife Management and Enhancerheot Plan 3.2 BUILDING ENVELOPES Red Sky Ranch A. Building envelopes governing the location and distribution of all structures (e.g., house, garage [if detached], all fencing, dog runs, etc.), surrounding yards, and all disturbance to native vegetation, with the possible exceptions of utilities, driveways, and individual sewage disposal systems (ISDS, where approved), shall be established on the Red Sky Ranch property to insure that development follows a design minimizing habitat losses and facilitating continued wildlife movements through, and use of, the property. Prior to any ground disturbance, the building envelope shall be delineated by snow fencing or sediment fencing to contain and limit ground disturbance. B. No portion of the building envelopes shall encroach into the wildlife movement corridors, as defined herein. No vegetative manipulation will be permitted outside of designated building envelopes or within wildlife movement corridors, except where manipulation is required as part of a valid winter range enhancement program, as may be required to revegetate those areas disturbed by construction (e.g., driveways, access and utility easements, ISDS, etc.), and for weed control. Outside of designated wildlife movement corridors and designated building envelopes, additional vegetative manipulation will only be permitted for valid fire management mitigation. The objective of these measures is to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Residential construction shall implement Best Management Practices. C. Homeowners will be educated (see Section 3.13, below) to appreciate and maintain the existing vegetative community, particularly forested and shrubby areas, which provide critical cover and forage values. The area of fertilized, irrigated landscaping each residence is permitted to have will be restricted to 5,000 square feet within the building envelope. Residents will also be educated to recognize that they have moved into wildlife habitat, that some wildlife will have strong compulsions to eat what homeowners plant, and that the CDOW will not be liable for wildlife damage to landscaping. 3.3 COMPENSATION FOR LOST BIG GAME WINTER RANGE Critical big game winter range lost to residential development will be compensated via a one time voluntary contribution to the Bellyache Ridge Wildlife Trust Fund, as described in Section 2.3, Paragraphs N and O, above. Compensatory payment for the residential component of the project shall be due within one month following County approval of the final plat. Compensation shall be based on the factors specified in Section 2.3, Paragraph O, above, with the exception that the total acreage affected shall be the sum of all designated building envelopes (i.e., 0.32 to 1.5 ac./ lot times 87 lots = ± X ac.), regardless of how much of the building envelope is actually disturbed (this partly accounts for indirect impacts), plus the total acreage of roads, driveways, trails, and other disturbances to native habitats that are not revegetated to native vegetation. The total acreage of winter range values lost to residential development shall be determined during good faith discussions between VA and the CDOW within one month following County approval of the final plat. Western Ecosystems, Inc. October, 2000 14 Wildlife Management and Enhancement Plan 3.4 SEASONAL USE RESTRICTIONS Red Sky Ranch Inappropriate construction and recreational use within wildlife movement corridors and big game winter range could adversely affect continued wildlife use of the property and adjacent undeveloped areas. From November 20 through May 15 of each year, dates inclusive, all construction and recreational use within the wildlife movement corridors on the property shall be prohibited. This restriction does not prohibit the use of existing driveways and access roads within the ridge corridor. A similar use restriction also applies to the golf course (see Section 2.0, above). Furthermore, during the above period, no recreational use outside of building envelopes, driveways, and access roads on the property is permitted between dusk and dawn, the nocturnal period when big game are most likely to use the property. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period. 3.5 RECLAMATION / LANDSCAPING A. Wildlife habitats disturbed by construction activity outside of building envelopes shall be reseeded or replanted with those native plant species originally present. Where service access is required, trees can be excluded from buried or overhead utility corridors. Driveway shoulders may exclude trees and shrubs to maximize vertical and horizontal sight - distances and reduce the probability of road -killed wildlife. Posted speed limits within the 780 -acre properties will be slow enough that road shoulders could be reseeded with plants palatable to big game without increasing the probability of road -kills. Road shoulders shall be reseeded with plants palatable to big game. B. Homeowners are strongly encouraged to landscape with native plant species to minimize wildlife damage. The CROW will not be liable for wildlife damage to landscaping. 3.6 DOGS AND PET CONTROL A. Each residential lot will be permitted to have up to two dogs, two cats, and their offspring up to three months old. Residents will be prohibited from harboring dogs on their property unless they have adequate outdoor facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Even if dogs are to be kept indoors at all times, an adequate outdoor facility must be provided, because at some point it is sufficiently likely that a dog will be left unleashed outdoors. Enclosed runs must be located immediately adjacent to the home, within the lot's building envelope, and shall not exceed 1,000 square feet. Those lots abutting or located adjacent to the wildlife movement corridor along the ridge shall have kennels located on the opposite side of the home from the corridor. 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 property until adequate structures can be built. Cats shall be kept indoors. B. At no time shall dogs or cats be allowed to run freely. When dogs are outside of the home and outdoor facility, as described above, the dog must be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative, unless the dog is legitimately being trained for hunting. Visitors and guests of residents shall comply with all dog and pet control measures applicable to this 780 -acre property. Western Ecosystems, hie. October, 2000 15 f Wildlife Management and Enhanc reient Plan Red Sky Ranch C. The Homeowners Association shall be responsible for enforcing dog and pet covenants. The County and CDOW may also control stray dogs. Homeowners not in compliance with these dog and pet restrictions shall be responsible for any and all costs incurred by the Homeowners Association, County, and /or CDOW for enforcing these provisions. Should the Homeowners Association knowingly fail to enforce these dog covenants, the County and /or CDOW may enforce the dog covenants and recover any and all costs incurred. Association penalties for first, second, and subsequent violations by a homeowner or guest will be a warning $200.00 fine, and a $500.00 fine. At any time after the first offense and warning that the dog owner fails to comply, the Association may request removal of the dog from the property. Non- payment of a fine or failure to remove the dog(s) from the property, shall be considered a separate violation for each day that a violation continues after notice, and shall be enforced (i.e., fined) accordingly. D. Contractors, subcontractors, guests (other than those of homeowners), delivery people, etc. shall be prohibited from bringing dogs onto the Red Sky Ranch property, even if dogs would be kept inside vehicles. Violation of the dog policy by a person(s) other than a resident or permanent member of Red Sky Ranch residential area may result in the immediate eviction of the dog and the dog's owner or representative from the property. In the event of a second violation by the same dog and /or the same dog's owner, the dog and the dog's owner or representative may be immediately evicted from the property, and the offending person in question shall be prohibited from the Red Sky Ranch property for the following seven (7) consecutive calendar days. In the event of a third violation, the offending person in question shall be prohibited from the Red Sky Ranch property. for the following six (6) consecutive calendar months. E. Residents and employees of Red Sky Ranch will be educated (see Section 3.13, below) regarding the dog and pet policy for this property. Homeowners will be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. 3.7 FENCING A Residential fencing will be restricted to building envelopes on residential lots to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval will be under the purview of the Design Review Board or Homeowners Association. There shall be no fencing of perimeter lot lines or of the building envelope perimeter. Decorative fencing not designed to allow for wildlife movements is prohibited. B. Any existing fences within the portion of the movement corridors on the property that are not needed to confine domestic livestock on adjacent properties will be removed. Where peripheral fencing is required to exclude livestock, VA or the Homeowners Association will work with the adjacent landowner, where that landowner is willing to cooperate, to install or modify fencing to be compatible with wildlife movements. C. Fencing to exclude horses and cattle on adjacent properties that is compatible with wildlife movements includes, but is not limited to, three- strand, smooth -wire (preferred) or barbed -wire fence, with strands located at 18, 30, and 42 inches above mean ground level, with gates in the fence that can be opened to further facilitate wildlife movements outside the period when livestock are present. If continuous wood rail fencing is used to exclude horses and cattle, it should not exceed 42 inches in height and 12 inches in width (top view). There shall be an opening of at least 18 inches in the lower one -half of the wood fence to allow passage of deer fawns and elk calves. These specifications for wooden rail fencing generally require a two- Western Ecosystems, Inc. October, 2000 16 0 Wildlife Management and Enhances %;at Plan Red Sky Ranch rail design. Four -inch diameter truls/ slats are more compatible with wildlife movements than five -inch diameter material. D. Red sky ranch was historically part of an allotment grazed for several weeks each spring and fall by up to 2,000 sheep. Sheep grazing may continue on adjacent properties. To exclude sheep from Red Sky ranch, some boundary fencing will be needed. Fencing recommended by the CDOW to exclude sheep while facilitating wildlife movements consists of a combination wooden rail /slat and woven wire design. The tops of the two wooden rails are located at 24 and 44 inches above mean ground level, respectively (assuming use of 4 inch diameter components). The area below the bottom rail is covered with woven wire. This design excludes sheep, but provides a 16 -inch space between the lower and upper rails for deer fawns and elk calves to safely pass through. E. An acceptable alternative to the above permanent design to exclude sheep is a temporary electric fence that would be erected before the sheep are on adjacent lands and removed when sheep leave. Such fencing has been shown to be an effective and economical method of containing / excluding livestock, including sheep. Electric fencing would be most compatible with wildlife use, but would require maintenance (installing and removing fencing around a long periphery once or twice each year) in perpetuity. F. Continuous buck & rail fencing is prohibited because it is not compatible with wildlife movements. However, discontinuous (e.g., decorative) buck & rail fencing may be used in local areas provided it meets the following specifications. (1) Buck & rail fencing is prohibited closer than 40 feet from the edge of the Bellyache Ridge Road and internal roads within the property. This space is the minimum required to prevent animals caught on the road side of the fence from panicking and attempting to run across the road in front of an oncoming vehicle. (2) Any buck & rail fencing along the Bellyache Ridge Road should be limited to the corners of entrance roads into the property and property corners. In each of these areas, such fencing shall not exceed a single linear span greater than 40 feet (or 80 feet, where two 40 -foot spans are joined at a corner), with at least an effective 20 foot wide opening between fencing spans. Any fencing along both sides of the Bellyache Ridge Road shall have openings located opposite each other to facilitate safe wildlife crossing. (3) Within the property, spans of such fencing shall be < 40 feet in length and there shall be a gap of at least 20 feet between any two spans of fencing to allow animals to move through the fence line. (4) Buck & rail fencing is prohibited within and along the wildlife movement corridors. (5) No fencing perpendicular to the Bellyache Ridge Road (i.e., oriented east -west) is allowed between the Bellyache Ridge Road and Old Faithful Ridge. The north -south oriented golf course in this area may be used as a de facto movement corridor. (6) In the event that (in the opinion of the CDOW) fencing restricts wildlife movements or results in increased road mortality, VA will work with the CDOIW to resolve the conflict. G. Homeowners will be permitted a privacy fence to enclose up to 5,000 square feet, provided it is immediately adjacent to the house and it is entirely within the designated disturbance envelope, unless specifically approved by the Homeowners Association. Fencing may be subject to more restrictive provisions as stated in the Protective Covenants, Design Guidelines, or other documents related to the property. Western Ecosystems, Inc. October, 2000 17 Wildlife Management and Enhancers e l Plan Red Sky Ranch 3.8 BEARS/ TRASH REMOVAL/ NUISANCE WILDLIFE Red Sky Ranch residences are located in high quality black bear habitat. Most bears do not cause damage where residential and other developments have encroached into bear habitat. The key is that if a bear doesn't find food it will move on. Black bears are omnivorous and while they mostly eat vegetation, they will eat almost anything. Bears will eat human food, garbage, hummingbird nectar, birdseed, 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, 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 at residences: A. Homeowners will be educated about bears and other local wildlife via the CDOW's brochure entitled "Living with Wildlife in Bear Country" and /or a homeowners' brochure that might be developed for the property. One copy of either brochure shall be provided to all prospective residents and to all residents at closing. The bear brochure is also available on the CDOW's website: www.dnr. state. co. us /wildlife /Education /coexisting_ with wildlife /htm. B. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at any residence within the development, unless it is contained within commercial -size, bear -proof containers, which meet North American Bear Society, CDOW, or U.S. National Park Service specifications, or are of a custom design approved by the CDOW. Individual residential containers are nonmobile and are generally cemented on a stand at the junction of a resident's driveway and the local road. Most homeowners need at least two containers where trash collection is weekly. Each home shall have and use a sufficient number of bear -proof containers for the amount of trash normally produced between trash collections. Refuse should not be stored within homes, garages, or sheds because bears may break into these structures. Bags of refuse that might attract bears should be taken from the home directly to the bear -proof containers. C. The former, acceptable method of trash handling and disposal has been determined by the CDOW to be sufficiently ineffective to now require the use of bear -proof containers. Formerly, before disposal, it was acceptable to keep any refuse that might attract bears within the garage in a suitable receptacle with a fight- fitting Ed. Temporarily keeping refuse within detached garages or sheds was discouraged because these structures were more likely to be broken into by bears. Trash containers were to be taken to the collection points (e.g., the end of driveways) the morning of collection, not the night before. However, following these recommendations did not eliminate bear problems, particularly during years in which mast crops (i.e., acorns and berries) failed. Some complacent homeowners put out trash the night before collection and bears ate the edibles, scattering trash all over. Other homeowners properly kept trash containers within attached garages, but left garage doors open. Bears that ate trash in open garages returned. When some bears returned and found the garage doors closed, then clawed and chewed their way through the garage door to access the trash. Bear -proof containers are now considered the only secure and acceptable approach to garbage disposal. Western Ecosystems, Inc. October, 2000 18 Wildlife Management and Enhancen.c t Red Sky Ranch Plan D. There shall be no dumps or underground disposal of refuse on residential lots. Buried garbage will attract bears. E. 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 (see Section 2.13, below) that household and garden waste contributions to compost piles compose the materials that can attract bears and create problems. Composted yard waste consisting of leaves, grass, small branches, etc. does not usually attract bears. F. Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears 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, which may be fatal to pets and humans. G. Bird feeders are known to attract bears to surrounding developments. For this reason, residents are discouraged from using bird feeders of any design (e.g., mixed seed, sunflower, thistle [niger], suet, fruit, mealworms, nectar [hummingbird], etc.) from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food, unless the feeders and seed spillage from them are clearly inaccessible to bears. H. With the exception of bird feeders,.as described above, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. I. The planting of fruit/ nut bearing trees or bushes within building envelopes is discouraged because bears will be attracted to these plants in close proximity to homes. If flowering trees are desirable, consult with your landscape nursery to select a sterile variety that produces flowers, but no fruit. J. Residents in violation of these bear provisions shall be fined according to the fine structure outlined in Section 3.6, Paragraph C, above. K. All residential construction sites shall install and use certified bear -proof trash receptacles for any refuse associated with food or drink. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to properly handle and dispose of all materials that can attract bears At no time will any refuse, that has been associated with food or drink, be allowed to be available to any wildlife species. This regulation shall also apply to any and all work associated with the project as a whole (e.g. road construction, golf course construction, utility installation, etc.). The first violation of this regulation will require a warning to the prime contractor and notification of the penalties for subsequent violations. The prime contractor shall then immediately correct the violation and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that can attract bears. A second violation will cause ALL construction at the site (e.g., the home under construction) to cease with no further construction activity occurring for a 24 -hour period. A third violation will cause all construction activity to cease for five consecutive days. Each subsequent violation shall result in a doubling of the days that construction at that home will be shut down. Western Ecosystems, Inc. October, 2000 19 Wildlife Management and Enhance Yn't Plan 3.9 MOUNTAIN LIONS Red Sky Ranch Mountain lions are occasionally present year -round in the vicinity of Red Sky Ranch, but may be more common from fall through spring when large numbers of deer and elk (prey species) are wintering and fawning/ calving at lower elevations. In other areas of Colorado, where subdivisions have encroached upon mountain lion habitat containing high concentrations of prey species, encounters between lions, humans, and their pets and livestock have increased. The following measures will be implemented to minimize lion - human conflicts: A. All residents and prospective residents will receive a copy of the CDOW's brochure entitled "Living with Wildlife in Mountain Lion Country" and /or a homeowners' brochure that might be developed for the property containing a lengthy section explaining that the property is located in lion country, what residents should be aware of, what to do if a close encounter occurs, and measures they can take to increase their safety and that of their pets. One copy of either brochure shall be provided to all prospective residents and to all residents at closing. The lion brochure is also available on the CDOW's website at www.dnr.state.co.us /wildlife /Education /coexisting_ with wildlife /htm. B. With the exception of bird feeders, as described in Section 3.8, Paragraph G above, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. 3.10 HORSES It is prohibited for horses to be boarded, fenced, or grazed on residential lots within the Red Sky Ranch property. Furthermore, horses are prohibited within the 780 -acre property during the period of big game winter range occupancy (December 15 -April 15). This provision is not intended to preclude equestrian transport through the property by adjacent property owners. 3.11 WILDLIFE MORTALITY ON LOCAL ROADS A. Red Sky Ranch residences are accessed by the Bellyache Ridge Road, I -70, and Highway 6, where vehicles kill dozens of deer and elk each year. The posted speed limit on the former road is generally slow enough to avoid most wildlife mortality, however, residents, and particularly contractors, frequently exceed posted limits in some areas. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. Residents and their contractors, employees, and guests should obey posted speed limits to avoid wildlife mortality on roads. B. Two deer crossing signs shall be located along the Bellyache Ridge Road between I -70 and the eastern golf course entrance road advising motorists of the potential of wildlife on the road. One sign shall be located at an appropriate position at the bottom of the hill to warn uphill motorists, and the other shall be located at an appropriate position just below the golf course access road to warn downhill motorists. Western Ecosystems, Inc. October, 2000 20 � Wildlife Management and EnhanceEii Plan Red Sky Ranch 3.12 CDOW INDEMNIFICATION Residents of Red Sky Ranch shall indemnify the CDOW from any and all future wildlife damage claims. There will be damage to landscaping planted on big game winter range. 3.13 EDUCATION Red Sky Ranch residents will have purchased home sites partly because of the natural setting and the wildlife it contains. These homeowners may be unfamiliar with the wildlife of Colorado and its mountains and the responsibility that goes with living in this setting. Homeowners generally don't want to disturb, harass, or impact wildlife, but they often unwittingly do. Homeowners will be educated about local wildlife issues by providing each prospective resident a signed copy of this Plan with initial contract documents and providing each resident a signed copy of this agreement and the CDOW bear and mountain lion brochures at the time of closing. Both brochures are available on the CDOW's website: www.dnr.state.co.us/-\vildlife/Education/coexistin&-:vvit:h wildlife /htm. 3.14 ENFORCEMENT If the Homeowners Association or their authorized agent(s) fail to knowingly enforce the residential provisions (i.e., Section 3.0) of the Red Sky Ranch Wildlife Mitigation and Enhancement Plan, the Homeowners Association and /or individuals responsible will be in violation and be fined according to the fine structure outlined in Section 3.6, Paragraph C, above. 4.0 ADDITIONAL COMMITMENTS The wildlife provisions, as set forth above in this Plan, shall not be amended without the written consent of the County, golf course management, and any Homeowners Association. Prior to any amendments, the CDOW shall be notified and offered an opportunity to review and comment. The CDOW and /or County can also enforce this entire Wildlife Mitigation and Enhancement Plan. This Plan, composed of golf course and residential components, will be effective in phases upon Eagle County approval of a final plat for each development phase of the Red Sky Ranch PUD. This plan will be effective immediately upon Preliminary Plan approval for the portion of the property east of Old Faithful Ridge and, for the portion of the property west of Old Faithful Ridge, upon the approval of the first final plat for that area. In the event that the Red Sky Ranch PUD is not approved and implemented, VA shall not be required to implement the respective component(s) of this Plan. It is the intention of VA that with development of the golf course and residential components on this property, this Wildlife Mitigation and Enhancement Plan shall run with the land. Western Ecosystems, hic. October, 2000 21 Wildlife Management and EnhanceLCPlan C Red Sky Ranch Map 1. Wildlife constraints on and adjacent to the 780 acre Red Sky Ranch property. This map illustrates current, unaltered, CDOW Wildlife Resource Information System seasonal wildlife ranges on and immediately adjacent to Red Sky Ranch. Wildlife movement corridor boundaries were derived from Bill Heicher's June 21, 1995, 1:24,000 CDOW - recommended wildlife movement corridor map, rather than the dimensionless movement corridor centerlines illustrated on CDOW WRIS maps. Enact boundaries of the ridge corridor bisecting the property may be modified as a result of a spring- summer 2000 site survey. During that survey representatives of the CDOW and VA would more accurately define corridor boundaries in the field. The map also displays local, occupied, elk calving and calf- rearing habitats based on intensive field surveys conducted during the 1994 -99 calving seasons. Map on following page. Western Ecosystems, Inc. October, 2000 23 Wildlife Management and Enliance ,ii Plan Red Sky Ranch Map 2. Proposed Red Sky'Ranch residential and golf course development plan. Map on following Pte• 1 11 Western Ecosystems, Inc. October, 2000 24 Wildlife Management and Enhan , 3 t Plan Red Sky Ranch S inxrely, Vail Associates, Inc. By: ame, Title of Author Re��tative Aar a 1 l ). -e S r• Uie e I f —e a, Accepted and agree to this day of ge e4" b e r , 200 5.0 LITERATURE CITED Thompson, R W. 1999. Critical wildlife analysis and wildlife enhancement and mitigation plan for the Skelch Plan of the Red Sky Rands PUD Application to Eagle County, Colorado. Western Ecosystems, Inc. 45 pp. Western Ecosystems, Inc. October, 2000 Exhibit F PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: Gary and Margie Plath, David and Debra Plath and Vail Associates for Red Sky Ranch Planned Unit Development File Number: PDP -00016 WHEREAS, Gary and Margie Plath, David and Debra Plath and Vail Associates (hereinafter called "Applicant ") did file an application with the Eagle County Department of Community Development, State of Colorado, on or about June 5', 2000, for an amendment to the Red Sky Ranch 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- 240.F.3.h items (1) through (4) of the Eagle County Land Use Regulations, the Eagle County Board of Commissioners finds that the following shall set forth the performance section of this Planned Unit Development Agreement: NOW, THEREFORE, in consideration of the premises and the covenants and agreements to be kept and performed by the parties hereto, it is agreed: C 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, and shall include requirements as set forth in Condition Lb. of that Resolution approving File No. PDP -00016 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. F. Warrgnly. The SIA shall provide for a warranty period of two (2) years following completion of the last of the improvements. 4. GENERAL PROVISIONS el l, 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 Rijor 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 Won Successors This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.5 Sole Responsibilit off Applicant Prior to Co= 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. 0 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: The Vail Corporation dba Vail Associates P.O. Box 7 Vail, Colorado 81658 David and Debra Plath P.O. Box 5920 Avon, Colorado 81620 Gary and Margie Plath P.O. Drawer 5920 Avon, Colorado 81620 next page is signature page IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2000. ATTEST: Clerk to the Board of County Commissioners Applicant: The Vail Corporation, dba Vail Associates IC EAGLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT, Colorado By and Through Its BOARD OF COUNTY COMMISSIONERS Tom S. Stone, Chairman OLvt c' �2�n� Sr. UiNP Applicant: David and Debra Plath By: David Plath Debra Plath. Applicant: Gai By: Margie Pla FAPlanning\P U D\ Prelim \16RedSkyRanch\PUDAgreement.wpd