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Home My WebLink AboutR01-067 zone change and preliminary plan for Colorado River RanchCommissione 90A% 1 moved adoption of the followiAg Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 - APPROVAL OF THE ZONE CHANGE AND PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN FOR COLORADO RIVER RANCH PUD File Nos. ZC -00042 and PDP -00018 WHEREAS, on or about August 28, 2000, the County of Eagle, State of Colorado, accepted for filing applications submitted by White Hawk Investments, Inc., successor applicant of Falcon Realty, LLC, and River Ranch Development, LLC, (hereinafter "Applicant ") to re -zone the herein described property in Eagle County from the Resource [R] Zone District to the Planned Unit Development [PUD] Zone District per File No. ZC- 00042, and for approval of the Planned Unit Development Preliminary Plan for the Colorado River Ranch Planned Unit Development, File No. PDP- 00018; and, . WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan which would allow for the development as follows: A club facility that would consist of- a. 18 hole golf course; b. Clubhouse facility with a pro shop, cart storage, restaurant and 16 overnight rooms; G. 25 small ranch homesteads; d. A Children's pavilion; e. Maintenance facility with an employee dorm; f. Pool(s), tennis court(s), sporting clays, etc.; and g. Related facilities including comfort stations, range building, pump- houses. Fire station with two bays and an employee unit housing up to 4 employees. Agricultural uses (a ranch operation) and open space, covering approximately 872 acres. Access would be via three access points on Colorado River Road. The main access to the site would include a separated grade crossing over the railroad tracks. IINIVIIIIIIWIUIIINIIIIIIIIIIIIIIIIIIIIIII�IIIN =fia'::36. Sara J Fisher Eagle, CO 370 R 0. 00 D 0. 00 Potable water will be provided through a central water system. Wastewater treatment for most purposes will be by a central collection and treatment facility. Treatment of wastewater from certain golf course comfort stations and an existing ranch house will be by individual sewage disposal systems. WHEREAS, at its public hearings held November 1, November 15 and December 20, 2000, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed Zone Change from R to PUD, and based upon its findings, recommended approval of the proposed Preliminary Plan of the Colorado River Ranch Planned Unit Development, with certain conditions; and WHEREAS, at its public hearings held February 20 and March 13, 2001, 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 owned or controlled by one (1) person. 3. Uses. [Section 5- 240.F.3.e (2)] - The uses that may be developed in the PUD are not 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, variations of these use designations are approved pursuant to Section 5 -240 F31., Variations Authorized 2 Cf C M \J 5. Dimensional Limitations. [Section 5- 240.F.3.e (3)] — The dimensional limitations that shall apply to the PUD are not those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the zone district designation in effect for the property at the time of the application for PUD. However, variations are approved pursuant to Section 5 -240 F.31, Variations Authorized 6. Off - Street Parking and Loading. [Section 5- 240.F.3.e (4)] - Off - street parking and loading provided in 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. 7. Landscaping. [Section 5- 240.F.3.e (5)] - Landscaping provided in the PUD does comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards 8. Signs. [Section 5- 240.F.3.e (6)] - The sign standards applicable to the PUD are not as specified in Article 4, Division 3, Sign Regulations However, the sign provisions of the PUD Guide, along with applicable provisions of the Land Use Regulations, constitute 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. 9. Adequate Facilities. [Section 5- 240.F.3.e (7)] - The Applicant has clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads, and has demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. 10. Improvements. [Section 5- 240.F.3.e (8)] - It has been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. C C 11. 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. 12. 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). 13. Phasing Section 5- 240.F.3.e (11) - A sufficient phasing plan has been provided for this development. All public improvements will be collateralized prior to approval of the first final plat for this development. 14. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] - It has been demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. 15. 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 Preliminary 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). 15. Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] - The Applicant has demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards 0 0 C11 16. 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. 17. 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. 18. 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. 19. PUD Guide [Section 5- 240.F.2.a.(8)] - The Applicant has submitted a PUD Guide that satisfies the requirements of this Section. 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. C - 11 0 1 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. 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 White Hawk Investments, Inc., White Hawk Company, Inc., and White Hawk Properties, Inc., File No. ZC- 00042, for a Zoning Amendment to change from the Resource [R] Zone District 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 I attached hereto and thereby incorporated herein by reference THAT, subject to the conditions set forth below, the application for the Preliminary Plan for the Colorado River Ranch Planned Unit Development, PDP- 00018, be and is hereby approved: A Detailed Landscape Plan, as provided in Section 4- 220.A., Landscape Plan Required should be provided, prior to approval of each final plat, 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 and other commitments made by the Applicant. 2. A restrictive note should be required on each final plat for this development requiring that all infiltration septic disposal systems be designed by a civil engineer, as recommended by Hepworth - Pawlak Geotechnical, Inc., in the Preliminary Geotechnical Study (dated January 17, 2000). 3. 'At the time of final plat approval, a 25 foot trails easement east of the Colorado River Road shall be dedicated to Eagle County to accommodate the possible future construction of a separated trail along the Colorado River Road. 0 U J c 4. At the time of final plat approval, one or more access easements shall be granted for emergency and utility vehicles, as applicable, to use private roadways in the development for purposes of providing emergency service. 5. Evidence of final approval by the Union Pacific Railroad of improvements to the railroad crossings should be provided prior to approval of the first final plat for this development. 6. The recommendation of the Colorado Geological Survey (letter dated November 3, 2000) be satisfied, and final plans for the PUD be referred to the Colorado Geological Survey for additional review and comment, prior to approval of any final plat. 7. Prior to approval of the final plat, the applicant shall provide satisfactory evidence to Eagle County that all the necessary and required permits have been obtained from the US Army Corps of Engineers and any other Federal or State authorities with regard to designed impacts to wetlands and riparian areas. 8. It should be demonstrated, by permits from the Army Corps of Engineers or otherwise, prior to approval of the first final plat for this PUD that all impacts to wetlands and riparian areas have been satisfactorily mitigated. 9. Prior to approval of a final plat for the Colorado River Ranch, the owner agrees, as a condition to the final plat, to submit a petition for inclusion into the Gypsum Fire District. 10. Prior to approval of a final plat for the Colorado River Ranch, a Golf Course Management Plan must be submitted to NWCCOG and Eagle County and be approved by the Board of County Commissioners. 11. At the time of final plat approval, the applicant shall dedicate that portion of land to the south of Trail Gulch consisting of approximately ± 14 acres to Eagle County, Colorado, or another public entity acceptable to Eagle County, for purposes of constructing a public fly fishing park. The applicant will be responsible for constructing a graveled parking area for a minimum of four cars and a pedestrian trail to the river and along the river to the adjacent BLM property, subject to obtaining the required permit from Union Pacific Railroad and the Public Utilities Commission of Colorado. 7 0' 12. Adequate operation, maintenance and financial plan be in place for water and wastewater systems. 13. Pay off -site road impact fee, in an amount determined by the Board of County Commissioners, prior to approval of the first final plat. 14. Prior to final plat approval, the Applicant shall coordinate with and' obtain approvals from the Eagle County Road & Bridge Director and the Eagle County Engineer for mitigation measures to be taken during project construction on the Colorado River Road. 15. The Colorado River Ranch shall host a minimum of three charity tournaments during the golfing season at no charge to the charities for greens fees, cart fees or service fees. The Colorado River Ranch reserves the right to select the charity groups but at least two groups will be a local charity or foundation serving Eagle County Residents. The Colorado River Ranch reserves the right to set the dates, times and formats of the tournaments. The two tournaments will be selected and announced no later than opening day of each golf season. 16. 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 and considered conditions of approval of-this PUD Preliminary Plan. 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 Colorado River Ranch Preliminary Plan map attached hereto as Exhibit II is approved. THAT, the Colorado River Ranch Development Control Document (Planned Unit Development Guide), dated March 28, 2001, attached hereto as Exhibit III is approved. THAT, the Colorado River Ranch Wildlife Mitigation and Enhancement Plan dated September 1, 2000, attached hereto as Exhibit IV is approved. THAT, the Colorado River Ranch Planned Unit Development Agreement dated May 8, 2 00 1, is attached hereto as Exhibit V. 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. r MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2001, nunc pro tunc to the 13" day of March, 2001. �— COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS I: BY: Cpl Y) Lkz -". Am M. Menconi, Commissioner Commissioner , � seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am M. Menconi This Resolution passed by 07 `(0 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. X C C Exhibit I Legal Description - Colorado River Ranch A parcel of land situate in Tracts 42, 42 -A, 43, 49, 50, 52, 53 and 54, Government Lots 3,5 and 6 of Sections 13, 14, 15, 22, 23, 24, 26, and 27, all in Township 3 South, Range 86 West of the 6th Principal Meridian, County of Eagle, State of Colorado, according to the Independent Resurvey of said Township and Range approved by the Surveyor General in Denver, Colorado on May 5, 1923. Said Parcel of land, with all bearings based on a bearing of N.00 °52'26 "E. between angle point No. 3 and angle point No. 2 of Tract 54, both corners being found 2 1 /2 " USGLO Brass Caps on 1" iron pipes, and more particularly described as follows: Beginning at angle point 3 tract 54, being a 2 '/2 inch USGLO Brass Cap, thence along a line between angle point 3 of tract 54 and angle point 2 of said tract 54; N.00 °52'26 "E., a distance of 2441.68 feet to a set 2 ' /2 inch aluminum cap LS 33428 on the southerly line of tract 49. Thence, N-88 a distance of 1066.73 feet, along the southerly line of tract 49 to angle point 5 of said tract 49, being a 2 1 /2 inch. USGLO Brass Cap found. Thence, N.00 0 55'06 "E., a distance of 2641.39 feet, along the westerly line of tract 49 to angle point 4 of tract 49 being a 2 1 /2 inch USGLO Brass Cap found. Thence, S.88 °55'39 "E., a distance of 1072.17 feet along a line between 23089 found point 4 on the of tract westerly and angle point 3 of said tract 49; to a 2 ' / 2 inch aluminum cap line of tract 50. Thence, N.01'02'58"E., a distance of 1514.82 feet along the westerly line of tract 50 to angle point 6 of tract 43, being a 2 1 /2 inch USGLO Brass Cap found. Thence, N.89 °03'35 "W., a distance of 1326.83 feet along the southerly line of said tract 43 to angle point 5 of tract 43, being a 2 1 /2 inch Aluminum Cap, LS 23089 found. Thence, N.00 ° 56'25 "E., a distance of 1324.85 feet to angle point 4 of said tract 43, being a 2 1 /2 inch USGLO Brass Cap found. Thence, N.88 °53'55 "W., a distance of 1315.66 feet to angle point 3 of tract 43, being a set 2 1 /2 inch aluminum cap LS 33428. Thence, N.01 °06'05 "E., a distance of 2631.32 feet along the westerly line of said tract 43 to angle point 2 of tract 43, being a 2 ' / 2 Aluminum Cap, LS 23089 found. Thence, S:88 ° 53' 55 "E., a distance of 1315.66 feet along the northerly line of tract 43 to angle point 1 of tract 43, being a 2'/2 inch USGLO Brass Cap found. Thence, S.01 °30'38 "W., a distance of 1313.09 feet to angle point 8 of tract 43, being a set 2 1 /2 inch aluminum cap LS 33428. C C Thence, S.89 ° 10'43 "E., a distance of 1335.68 feet, passing over a 2 %2 inch USGLO closing corner found at 199.98 feet to angle point 7 of tract 43, being a 2 '/2 inch USGLO Brass Cap found. Thence, S.01 'I 1'22"W., a distance of 1325.47 along the easterly line of tract 43 to angle point 2 of tract 50, being a 2V2 inch USGLO Brass Cap found. Thence, S.89 ° 01'34 "E., a distance of 1317.34 feet along the northerly line of tract 50, to angle point 1 of tract 50, being a 2'/2 inch USGLO Brass Cap found. Thence, S.89 °00'36 "E., a distance of 1318.64 feet along the northerly line of tract 52, passing 0.85 feet to the north of a 2 ' / 2 inch aluminum cap LS 23089 and being 103.85 west of angle point 3 of tract 42, to angle point 3 of tract 42. Thence, N.00 °29'06 "E., a distance of 1318.65 feet along the westerly line of tract 42, to angle point 2 of tract 42. Thence, S.89 0 01'36 "E., a distance of 1325.35 feet along the northerly line of said tract 42, passing over a USGLO Brass Cap found at 327.36 feet, being a witness corner for angle point 2 of tract 42, to angle point 1 of tract 42, being a USGLO Brass Cap found. Thence, S.00 °46'34 "W., a distance of 1122.08 along the easterly line of tract 42, to a set #4 rebar with an aluminum cap LS 33428. Thence, N.71 0 34'23 "E., a distance of 1186.60 feet; to a rebar with an aluminum cap LS 11204 found. Thence, S.32 °36'56 "E., a distance of 43.34 feet, to a rebar with an aluminum cap LS 11204 found. Thence, S -01 °30'00 "W., a distance of 555.30 feet, to a point of intersection with the southerly line of tract 42 -A and a set #4 rebar with an aluminum cap LS 33428. Thence, S.89 ° 00'36 "E., a distance of 181.22 feet along said southerly line, to angle point 4 of said tract 42 -A being a 2 '/2 inch GLO Brass Cap found. Thence, S.89 ° 06'40 "E., a distance of 207.06 feet along the southerly line of tract 41, to the northeast corner of Government Lot 3, being a 2 '/2 inch aluminum cap LS 33428 set on the easterly line of the west ' / 2 of the northwest '/4 of section 24. Thence, S.00 °58'34 "W., a distance of 2406.07 feet along the easterly line of the west %2 of the northwest'/ of section 24, to the center -west 1/16 corner of section 24, being a set 2 '/2 inch aluminum cap LS 33428. Thence, N.89 °07'27 "W., a distance of 1318.25 feet along the Southerly line of said West Y2, Northwest 1 /4, to the West'/ corner of Section 24, a set 2 inch aluminum cap LS 33428. Thence; 5.00 °57'08 "W. a distance of 1318.73 feet along the easterly line of Government Lot 6 of Section 23 being identical with the westerly line of section 24 to a set 2 %2 inch aluminum cap LS 33428. Thence, N.89 °01'49 "W., a distance of 205.31 feet along the southerly line of Government Lot 6 to the easterly line of tract 53, being a set rebar with a 1 ' / 2 inch aluminum cap LS 33428. Thence, S.00'58'1 I "W., a distance of 1549.30 feet along the easterly line of tract 53, to angle point 8 of tract 53, being a 2 ' / 2 inch USGLO Brass Cap found. Thence, N.89 °02'34 "W., a distance of 1321.24 feet, to angle point 7 of tract 53, being a 2 '/2 inch USGLO Brass Cap found. Thence, 5.00 °55'22 "W., a distance of 1319.20 feet to angle point 6 of said tract 53 being a 3 '/4 inch BLM, U.S. Department of Interior Brass Cap on a 2 inch pipe found. Thence, N.88 °59'54 "W., a distance of 1319.76 feet along the southerly line of tract 53, to angle point 5 of tract 53, being a 3 '/ inch BLM, U.S. Department of Interior Brass Cap on a 2 inch pipe found. Thence, S.00 ° 54' 14 "W., a distance of 2640.50 feet along the easterly line of said tract 54, to angle point 6 of tract 54, being a 2 '/2 inch USGLO Brass Cap found. Thence, N.88 '54'1 6"W., a distance of 2527.09 feet along the southerly line of tract 54 to a 2 '/2 inch USGLO Brass cap found being a witness corner for angle point 5 of tract 54. Thence, N.88 '54'l 6"W., a distance of 112.17 feet, continuing along said line to angle point 5 of tract 54. Thence, N.00 °57'57 "E., a distance of 1314.65 feet along the westerly line of said tract 54 to angle point 4 of tract 54, being a 2 %2 inch USGLO Brass Cap found. Thence, S.88 °58'30 "E., a distance of 1321.48 feet along a line between angle point 4 and angle point 3 of tract 54, to the Point of Beginning, said parcel of land containing 1044.256 acres more or less as surveyed by Benchmark Engineering Services in July and August of 2000. Excepting therefrom the Right -of -Way of the Denver and Rio Grande Western Railroad, recorded in Book 116, Pages 165, 176, 198, 196, and 210 and in Book 82, Pages 554 and 579 and in Book 114, Page 358, said Right -of -Way being more particularly described as follows: Commencing at a angle point 3 of tract 54 being a found 2 ' /2 inch USGLO Brass cap on a 1 inch pipe; thence, N.88 °58'30 "W., a distance of 1321.48 feet to angle point 4 of tract 54, being a 2'/2 inch USGLO Brass Cap; thence, 5.00 °57'57 "W., a distance of 1314.65 feet to angle point 5 of tract 54; thence, S.88'54'1 6"E., a distance of 753.03 feet along the southerly line of said tract 54 to a point on the westerly right of way of the Union Pacific Railroad, being a set rebar with an aluminum cap LS 33428, the True Point of Beginning. Thence, N.28'1 6' 11 "E., a distance of 590.58 feet along the westerly right of way to a set rebar with an aluminum cap LS 33428. Thence, S.61 °43'49 "E., a distance of 50.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.28'16'1 I "E., a distance of 6853.98 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.89 °06' 14 "W., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.28 °16' 11 "E., a distance of 1483.74 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.89 °06' 14 "E., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.28 °16'1 1"E., a distance of 832.75 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.00 °55' 13 "E., a distance of 108.83 feet along said right of way to a to a set rebar with an aluminum cap LS 33428. Thence, N.28'16'1 I"E., a distance of 358.67 feet along said right of way to a to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 43.29 feet, a radius of 14882.32 feet, a delta angle of 00 °10'00" and a chord of 43.29 feet which bears N.28 °21' 11 "E to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 43.58 feet, a radius of 7491.17 feet, a delta angle of 00 0 20'00" and a chord of 43.58 feet which bears N.28'36'1 F'E to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 43.87 feet, a radius of 5027.45 feet, a delta angle of 00 °30'00" and a chord of 43.87 feet which bears N.29'01'1 F'E to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an are length of 42.43 feet, a radius of 3795.60 feet, a delta angle of 00 °38'26" and a chord of 42.43 feet which bears N.29 °35'24 "E., feet to a set rebar with an aluminum cap LS 33428. Thence, S89 °00'36 "E., a distance of 57.27 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on -a curve to the right having an arc length of 17.75 feet, a radius of 3006.49 feet, a delta angle of 00'20'18" and a chord of 17.75 feet which bears N.30 °36'02 "E. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 43.87 feet, a radius of 2513.75 feet, a delta angle of 01 1 00'00" and a chord of 43.87 feet which bears N.3PI 6' 11 "E. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 44.02 feet, a radius of 2161.80 feet, a delta angle of 01 110'00" and a chord of 44.02 feet which bears N.32'21'1 1 "E. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 405.90 feet, a radius of 1959.86 feet, a delta angle of 11 °51'59" and a chord of 405.18 feet which bears N.38 0 52'00 "E., to a set rebar with an aluminum cap LS 33428. Thence, N71 °34'23 "E,. a distance of 420.38 feet along the northern boundary of the Colorado River Ranch parcel described to a set rebar with an aluminum cap LS 33428. Thence, along the easterly right of way on a curve to the left, having an are length of 211.80 feet, a radius of 1809.86 feet, a delta angle of 06'42'18" and a chord of 211.68 feet which bears S.53 0 25'08 "W., to a set rebar with an aluminum cap LS 33428. Thence, N.39 °56'01 "W., a distance of 50.00 feet to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an are length of 556.05 feet, a radius of 1859.86 feet, a delta angle of 17 °07'48 ", a chord of 553.98 feet which bears S.41 0 30'05 "W., to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.98 feet, a radius of 2061.80 feet, a delta angle of 01 1 10'00 ", a chord of 41.98 feet which bears S.32 °21' 11 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 2.50 feet, a radius of 241 3.75 feet, a delta angle of 00 °03'33 ", a chord of 2.50 feet which bears S.31 °44'24 "W., to a set rebar with an aluminum cap LS 33428. P� Thence, S.89 °00'36 "E., 58.41 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 27.39 feet, a radius of 2011.80 feet, a delta angle of 00 °46'48 ", a chord of 27.39 feet which bears S.32 °09'35 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.26 feet, a radius of 2363.75 feet, a delta angle of 01 a chord of 41.26 feet which bears S.31 I "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.55 feet, a radius of 2856.49 feet, a delta angle of 00 °50'00 ", a chord of 41.55 feet which bears S.30 °21' 11 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.84 feet, a radius of 3595.60 feet, a delta angle of 00 °40'00 ", a chord of 41.84 feet which bears S.29 °36'l 1 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 42.13 feet, a radius of 4827.45 feet, a delta angle of 00°30'00 ", a chord of 42.13 feet which bears S.29 °0 1' 11 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 42.42 feet, a radius of 7291.176 feet, a delta angle of 00 °20'00 ", a chord of 42.42 feet which bears S.28 °36'11 "W. to a set rebar with an aluminum cap LS 33428 Thence, along said right of way on a curve to the left having a an arc length of 42.71 feet, a radius of 14682.32 feet, a delta angle of 00 °10'00 ", a chord of 42.71 feet which bears S.28 I "W., to a set rebar with an aluminum cap LS 33428. Thence, S.28 °16'11 "W., a distance of 745.35 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.00 °55' 13 "E., a distance of 108.83 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28'16'1 l "W., a distance of 587.63 feet along said the right of way to a set rebar with an aluminum cap LS 33428. Thence, S.89 °06' 14 "E., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28'16'1 l "W., a distance of 1483.74 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.89 °06' 14 "W., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28° 16'l 1 "W., a distance of 2911.94 feet along said right of way, to a set rebar with an aluminum cap LS 33428. Thence, S.61 °43'49 "E., a distance of 100.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28'16'1 l "W., a distance of 400.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.61 °43'49 "W., a distance of 100.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28 °16'11 "W., a distance of 3593.81 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.61 °43'49 "E., a distance of 50.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28 °16'l 1 "W., a distance of 487.91 feet along said right of way to the southerly line of tract 54 to a set rebar with an aluminum cap LS 33428. Thence, along said southerly line N.88 6"W., a distance of 224.81 feet to the point of beginning, said parcel containing 32.678 acres more or less as surveyed by Benchmark Engineering Services in July and August of 2000. C Exhibit III COLORADO RIVER RANCH DEVELOPMENT CONTROL DOCUMENT March 28, 2001 Colorado River Ranch March 28, 2001 C ; Table of Contents Section 1.00: Development Controls . ........ ............................... 4 Section 1.01: Introduction ............ ............................... 4 Section 1.02: Purpose . .............. ............................... 4 Section 1.03: Intent . ............................................... 4 Section 1.04: Enforcement . .......... ............................... 5 Section 1.05: Planning Parcel. ....... ............................... 5 Section 1.06: Conflict . .............. ............................... 5 Section 1.07: Incorporation of Preliminary Plan ......................... 5 Section 1.07.01 Modifications to this Guide ................... 5 Section 1.07.02 Major Modifications ........................ 5 Section 1.07.03 Minor Modifications ........................ 6 Section 1. 07.04 Amendments to the Building Envelopes. ........ 6 Section 1.07.05 Appeals . .. ............................... 7 Section 1.08: Parking . ............... ..............................7 Section 1.09: Impact Control. ........ ............................... 8 Section 1.10: Signs . ................. ..............................9 Section 1.11: Architectural Standards . ............................... 10 Section 1.12: Operational Standards . . ............................... 14 Section 1.13: Wildfire Safety ......... ............................... 14 Section 2.0: Colorado River Ranch - Planning Parcel A . ...................... 17 Section 2.01: Intent: ........ ........ .............................17 Section 2.02: Permitted Uses. ....... ............................... 17 Section 2.03: Development Standards . ............................... 17 Section 3.0: Colorado River Ranch - Planning Parcel B . ...................... 19 Section 3.01: Intent: .............................................. 19 Section 3.02: Permitted Uses . ....... ............................... 19 Section 3.03: Development Standards . ............................... 19 Section 4.0: Colorado River Ranch - Planning Parcel C. ...................... 21 Section 4.01: Intent. ................. .............................21 Section 4.02: Permitted Uses . ....... ............................... 21 Section 4.03: Development Standards . ............................... 21 Section 5.0: Colorado River Ranch - Planning Parcel D ....................... 23 Section 5.01: Intent: .............................................. 23 Section 5.02: Permitted Uses . ....... ............................... 23 Section 5.03: Development Standards . ............................... 23 Colorado River Ranch March 28, 2001 G , ci Section 6.0: Colorado River Ranch - Planning Parcel E . ...................... 25 Section 6.01: Intent: .............................................. 25 Section 6.02: Permitted Uses . ....... ............................... 25 Section 6.03: Development Standards . ............................... 26 Section 7.0: Colorado River Ranch - Planning Parcel F . ...................... 29 Section 7.01: Intent: .............................................. 29 Section 7.02: Permitted Uses . ....... ............................... 29 Section 7.03: Development Standards . ............................... 30 Section 8.0: Colorado River Ranch - Planning Parcel G ....................... 33 Section 8.01: Intent: .............................................. 33 Section 8.02: Permitted Uses . ....... ............................... 33 Section 8.03: Development Standards . ............................... 33 Exhibit A Legal Description Exhibit B Planning Parcel Map - Planning Parcels A, B and C Exhibit C Planning Parcel Map - Planning Parcels D, E, F and G Colorado River Ranch March 28, 2001 C) 0 Section 1.00: Development Controls. Section 1.01: Introduction. This Planned Unit Development Guide ( "Guide ") sets forth the land uses and development standards for all lands located within the property known as the Colorado River Ranch and as described in Exhibits A, B and C. This Guide defines the permitted uses of land; regulates the bulk, height, minimum site area, minimum site width, minimum and maximum yard spaces for structures and other improvements; it provides for open space, recreational areas and agricultural areas; and it provides additional supplementary regulations. This Guide is authorized pursuant to Resolution approving the Preliminary Plan and Zone Change for the Colorado River Ranch. This Guide is intended to replace the standard zoning provisions contained in Chapter H of the Eagle County Land Use Regulations. The specific provisions of this Guide shall supersede those of the Eagle County Land Use Regulations. Where the Guide is silent the provisions of the Land Use Regulations shall govern. Section 1.02: Purpose. The primary purpose of this Guide is to reiterate and clarify the standards, restrictions and regulations which govern development and land use within the lands made part of the Colorado River Ranch [See Exhibit A.] and to incorporate into this Guide any amendments hereto approved by the Board of County Commissioners (`BOCC ") for Eagle County, Colorado. Additionally, the purpose of this Guide is to insure that Colorado River Ranch is developed pursuant to the land uses, as identified in the Preliminary Plan and described herein. The Guide will insure the orderly and compatible development of the property. The Guide supplements 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. Section 1.03: Intent. The Colorado River Ranch is intended to be a balanced development that incorporates limited residential, an 18 -hole championship golf course, a Clubhouse Facility with related structures, a Maintenance Facility, fire station, employee housing, ancillary facilities and structures and agricultural facilities with a working ranch operation. The owner will provide for a balanced mixture of recreational, agricultural, and open space lands to support the focus of the project. This Guide remains somewhat flexible to allow for changes and innovations in specific design as the project progresses through its multi -year development schedule. Minor adjustments in road alignment, parking locations, golf course limits of disturbance and lot locations are expected and shall be deemed in substantial conformance to the Preliminary Plan, as long as the adjustments occur within the Colorado River Ranch Page 4 March 28, 2001 described planning parcel boundaries approved by the BOCC. Section 1.04: 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 the Colorado River Ranch to the extent expressly provided in this Guide and in accordance with its terms and conditions. Section 1.05: Planning Parcel. All areas within the Colorado River Ranch belong to at least one planning parcel [See Exhibits B and C. ]. Each planning parcel is described herein and define specific land uses and development standards Section 1.06: Conflict. 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. In cases of dispute or ambiguity, the BOCC shall act to interpret. Section 1.07. Incorporation of Preliminary Plan. The Preliminary Plan for the Colorado River Ranch, as contained within the Preliminary Plan application and attached to the Resolution authorizing this Planned Unit Development Control Document shall be used as a general guide in the development of the project. All applications for construction permits, as required by Eagle County including but not limited to building permits, shall be reviewed by Eagle County planning staff for conformance to this Guide and the Preliminary Plan. Section 1.07 01 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: Section 1.07.02 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 portion of the project. Major modifications shall be defined and processed in accordance with Section 5- 240.F.3.m, Amendment to Preliminary Plan for PUD, of the Eagle County Land Use Regulations. Colorado River Ranch Page 5 March 28, 2001 c c Section 1.07.03 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 this Guide and Preliminary Plan for the Colorado River Ranch. 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. Section 1.07.04 Amendments to the Building Envelopes. Amendments may occur upon approval of one of two of the following processes: 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 Property Owners Association and its Design Review Board, if any, 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: 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; (1) The envelope change does not adversely impact wildlife corridors; (2) The envelope change does not adversely impact ridgelines nor create any increase in impacts to ridgelines; (3) The envelope amendment is not an alternation of a restrictive plat note. Colorado River Ranch Page 6 March 28, 2001 CII 2. 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: (1) 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 require 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; and (4) The envelope amendment is not an alternative of a restrictive plat note. Section 1.07.05 Appeals. Appeals of any decision hereunder by the Director may be made to the Board of County Commissioners within 10 days and pursuant to applicable administrative processes. Section 1.08: Parking. The following parking restrictions shall apply: 1. Employee - Residential. 1. Employee Unit - 2 spaces /d.u. 2. Employee Studio or Room - 1 space /employee. 2. Clubhouse Facility. 1. Commercial /minimum of 60 spaces and shall be generally located as indicated on the preliminary Plan for the Colorado River Ranch. 3. Maintenance Facility. 1. 30 spaces. 2. Employee - Residential parking requirements may be included in the Maintenance Facility total. 4. Size. 1. Full size 10 x 20 feet. 2. Covered parking - 9 x 18 feet. Colorado River Ranch Page 7 March 28, 2001 C" 0 5. Location. 1. Employee - Residential Parking and Maintenance Facility Parking must be provided within the Planning Parcel boundaries. 2. Parking, for the Clubhouse and Cabins must be provided within the Planning Parcel boundaries. 6. Landscaping. 1. Landscaping buffers shall be used to minimize visibility ofparking areas and to minimize wildlife impacts. 2. All landscaping shall be subject to the control measures as described in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 3. All landscaping improvements connected to any new structure will require detailed landscape improvement plans to be submitted with a building permit application for the related structure. Section 1.09: Impact Control. The following impact restrictions apply: 1. Dog Control. All other dogs shall be subject to the control measures as described in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 2. Wood Burning Devices. All wood burning devices located in residential units shall conform to the Eagle County Land Use Regulation Wood Burning Control Measures in force at the time of recording of this P.U.D. Guide. 3. Maintenance.. 1. All Planning Parcels must be maintained in a clean and litter free condition. 2. Noxious weeds must be controlled and eliminated by the property owner and shall be subject to the control measures of the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement and the Golf Course Management Plan. 3. All land surface disturbed by construction or erosion must be satisfactorily revegetated and where applicable, shall be subject to the control measures of the Golf Course Management Plan. 4. Dead or down vegetation which may contribute to wildfire hazard must be eliminated by the property owner. 4. Building height. Building height shall be defined pursuant to the Eagle County Land Use Regulations, Section 2.05.12. Colorado River Ranch Page 8 March 28, 2001 5. Minimum setbacks for all new structures within the Colorado River Ranch shall be established by: 1. Individual Planning Parcels, as described in Sections 2.0, 3.0, 4.0, 5.0, 6.0, 7.0 and 8.0 of this Guide, and the Preliminary Plan; 2. The setbacks, as established by the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement, as entered into between the applicant and Colorado Division of Wildlife [Note specifically: no new residential structures (excluding parking areas) within 800 feet of mouth of Willow Creek; 3. Setbacks for all habitable structures of a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 4. Setbacks of 12 feet between buildings; 5. Setbacks sufficient to accommodate utilities, irrigation, drainage, access, and fire code regulations; and 6. Structure(s) must be located outside alluvial fan areas adjacent to Willow Creek designated "Qaf -l." Section 1.10: Signs. All signs within the Colorado River Ranch must comply with the provisions of Section 2.11 of the Eagle County Land Use Regulations, unless permitted herein. 1. Permitted Signs. 1. Project Entrance Sign. (1) Location: In the area of the intersection of the Colorado River Road and the Colorado River Ranch main entrance to the Clubhouse. (2) Maximum Size: 64 square feet. (3) Features: To be placed on a stone and/or stucco wall or log arch structure. (4) Lighting: All lighting must conform to the illumination standards as defined in the Eagle County Land Use Regulations. 2. Other Project Entrance Signs. (1) Location: At the intersections of the Colorado River Road and existing Ranch access points. Colorado River Ranch Page 9 March 28, 2001 (2) Maximum Size: 64 square feet. (3) Features: To be placed on a stone and/or stucco wall or log arch structure. (4) Lighting: All lighting must conform to the illumination standards as defined in the Eagle County Land Use Regulations. 3. Fire Station, Big McColskey Road/ Trail Identification signs. (1) Location: At the intersections of the Colorado River Road. (2) Maximum Size: 12 square feet (excluding the Fire Station). (3) Features: To be placed on a stone and/or stucco wall or log arch structure. Section 1.11: Architectural Standards. A. Purpose. The Colorado River Ranch is situated on bottom land on both sides of the Colorado River. It is surrounded by rocky out- croppings, cliffs and mountainous terrain. The historical ranching heritage of the community is felt throughout the ranch in the open hay fields, historical structures and the expansiveness of the productive lands. The design goal for the Colorado River Ranch is to retain the essence of the landscape and its western ranch heritage. In order to achieve this goal a balanced approach to some limited development and conservation is allowed through this Guide. The restrictions are intended to minimize potential visual impacts of structures constructed within the Colorado River Ranch through theses architectural standards. B. Design Intent. The architectural style for the buildings within the Colorado River Ranch is meant to support the heritage of ranch -life in the American-West. Buildings are to be designed in small clusters or compounds. Forms are to be additive to create a composition reminiscent of historical ranch buildings. Materials are to be primarily indigenous with textures, colors, and patterns that merge harmoniously with the surrounding lands. The design intent calls for buildings to blend with their sites, as seen from a distance, so that the overall building forms and massing respond to natural land forms, topography and the historic ranching character. Excessive contrasts are to be avoided. Building forms and roof lines should relate to surrounding land forms and historic influences, avoiding exposed profiles and harsh angular forms. Sympathetic form, natural materials and color will create visual continuity. Within these broad Colorado River Ranch Page 10 March 28, 2001 characteristics, the architecture is enriched by individual expression and functional design. C. Color. Exterior color should take into account the natural colors of the site found in the soil, exposed rock and vegetation. Colors of browns, tans, reds, greens, grays and light buff are most acceptable. Wood timbers, logs and wood siding should convey the natural amber, ocher and sienna colors of the natural weathered wood itself. Roof colors should be subdued on nonreflective material to blend with the natural landscape, again utilizing the natural colors found on the site. D. The following restrictions on the use of materials shall apply: Exterior Materials: a. Primary exterior building materials are to be nonreflective and primarily of natural materials. Primary exterior wall materials shall be limited to stone, wood and metal. b. Stone. In order to visually tie a building to a site, stone may be used around the base of all major buildings or around pier supports, if architecturally appropriate. Stone is to be random to rectangular shapes laid in an informal horizontal pattern with deep raked mortar joints such as random un- coursed ashlar or un- coursed ledge rock. Smaller stones should generally be laid above larger ones. Battering of stone walls, especially at building bases, is acceptable. River rock is indigenous to the site and is acceptable as an exterior wall material. Wood. Exterior wood material may include logs, either natural round profiles or rectangular hewn logs; timber; and wood siding. Wood shingles may be used in secondary areas such as gable ends or dormers. d. Metal. Corrugated metal siding may be used if it meets the requirements of the approved metal roofing materials and is complimentary to the metal roof material used on the same building. e. Walls. Simple forms which are visually emerging from the ground and are constructed predominately of a stone base with wood siding and/or timbers. Prohibited materials include: Colorado River Ranch Page II March 28, 2001 C (1) Plastic (2) Shiny metal siding (3) Composition siding (4) Imitation wood or brick E. Chimneys must be constructed of stone or a blend of cut stone. Chimneys may not be encased in wood or stucco. Chimney caps should be simple and understated and may include a metal wind diverter cap. Exposed metal flues are also appropriate and are allowed. F. Each residence and other primary structures should incorporate a covered exterior functional sitting porch into the design. Where possible, porches should relate and orient to the arrival area and incorporate the primary entry and/or view orientation. G. Roofs. 1. Pitch of roofs shall include two complimentary pitches such as a low pitch of 4:12 and a high pitch of 8:12. For primary roof planes, the minimum allowable pitch is 3:12 and the maximum allowable pitch is 8:12. Dormers and other architectural roof features may have a maximum allowable pitch of 12:12. Roof pitches less than 4:12 require that roof materials be designed for such a low pitch. 2. Buildings should incorporate two roofing materials. The predominant material is to be constructed in individual unit pieces such as cedar shakes, concrete /wood composition shingles, asphalt shingles, metal shingles or other similar ranch roof material. The secondary material should be a non- reflective, natural weathering material such as copper, Cor Ten steel, zinc, or terne metal. All roofing material must have a fire resistance rating. Prohibited materials include: a. Glazed tiles b. Ceramic tiles C. Any type of reflective materials H. Windows. 1. Windows should be an integral to the structural expression of the building, and should contain, in part, true divided lights or simulated divided light window mullions. Snap -on, removable grids are discouraged. Large glass areas should be framed by stone, log or timber elements to create a proportional balance and to avoid a glass curtain wall or industrial sash Colorado River Ranch Page 12 March 28, 2001 G C� expression. Additionally, large window areas should appear to be recessed by projecting roof overhangs or other projections that will place much of the glass area in shadow. 2. The structural expression of window sills, lintels and trim should be appropriate to the building material in which the window is located (i.e. it is appropriate for a window in a stone wall to have a wood lintel and a stone sill.). 3. Mirrored glass is prohibited. I. Form and massing of buildings should be made up of additive forms that transition from lower and smaller components on the ends to taller and larger components in the middle. No single wall plane should exceed 80% on any exterior exposure. Breaks in the wall plane should be visible enough to create distinct shadow lines. J. Trim - cut stone and wood should be utilized as trim material. Copper is permitted trim material as long as it has been pretreated and oxidized prior to installation. K. Exterior Lighting. Unless required for safety reason the following shall apply: 1. Outdoor lighting shall be minimized. No high intensity lighting shall be permitted. 2. All outdoor lighting shall be directional to the ground and shielded to contain sources within 50' of any structure or access. 3. Landscape and plant or tree lighting is prohibited. L. Building Height. Building height, as defined herein, is restricted as follows: 1. The Clubhouse Facility and Maintenance Facility shall not exceed a maximum height of 35 feet. 2. All residences shall not exceed a maximum height of 30 feet. 3. All secondary and accessory buildings shall not exceed a maximum height of 25 feet. 4. Cupolas, chimneys, and other architectural protuberances may exceed the maximum height limitations. Colorado River Ranch Page 13 March 28, 2001 Section 1.12: Operational Standards. A. Golf Course Operations. 1. The golf course and related facilities shall be private. 2. The Colorado River Ranch shall host a minimum of three charity tournaments during the golfing season, at no charge to the charities for greens fees, cart fees, or service fees. The Colorado River Ranch reserves the right to select the charity groups, but at least two groups will be local charities or foundations serving Eagle County residents. The Colorado River Ranch reserves the right to set the dates, times and formats of the tournaments. The three tournaments will be selected and announced no later than the opening day of each golf season. B. Clubhouse Facility and Maintenance Facility 1. Operation of the facilities shall be as follows: a. The clubhouse and maintenance facilities shall be open at all times during the golfing season and for such period of time before and after the season as may be necessary to prepare for and close out golf season's activities. b. During the non - golfing season, the clubhouse and maintenance facilities may be used for special events, retreats, private parties, hunting, fishing, science and education programs of various kinds, wilderness excursions, and other recreational activities. C. Employee housing shall be open for use subject to the arrangements made with the full -time and seasonal employees. d. All operations shall be subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. Section 1.13: Wildfire Safety. A. All habitable structures within the Colorado River Ranch shall conform to the following Wildfire Safety Measures: Colorado River Ranch Page 14 March 28, 2001 C1 1 1 1. All roofs shall be kept clear of debris; 2. All floor, roof, and attic openings shall be enclosed; 3. All tree branches hanging within 15 feet of buildings shall be removed; 4. Only limited foundation plantings will be planted within 10 feet of the foundation; 5. All weeds and debris shall be cleared a minimum of 10 feet from the foundation of buildings; 6. No vehicles may park in the tall grass; 7. Utilize outdoor water supply for fighting fires (i.e. fire hydrants, ponds, etc.); 8. Stack firewood at least 15 feet from building and uphill or on a contour or in a designated area and remove fine fuels from the vicinity of the firewood; 9. Place one or more 10 pound ABC- Class fire extinguisher in each home; 10. Install power and telephone lines underground or keep overhead lines clear of branches; 11. Thin out brush and trees within 30 feet of each building; 12. Prune dead limbs to a height of at least 10 feet; 13. Noncombustible Underwriter Laboratories approved roof materials are required in Wildfire Hazard Classifications A, B, C, and D or X; 14. Cedar Shake roofing may only be used if treated with a fire retardent - Fire retardent cedar shakes must be pressure impregnated - No surface only application of fire retardents on wood shake roofing is allowed; 15. Implementation of a fuel reduction program to establish a defensible space is encouraged in Wildfire Hazard Classification A and is required in Wildfire Hazard Classifications B, C, and D or X - Such fuel reduction program shall be in accordance with "Wildfire Protection in the Wildland Urban Interface," by the Colorado State Forest Service; and 16. All horizontal at -grade surfaces such as decks and patios are encouraged to Colorado River Ranch Page 15 March 28, 2001 C C be constructed with fire impervious materials such as stone or pavers - Decks and porches connected to the structures may be constructed of wood. Colorado River Ranch Page 16 March 28, 2001 Section 2.0: Colorado River Ranch - Planning Parcel A. Section 2.01: Intent. The Planning Parcel A boundary describes the area in which the existing agricultural operations uses are located. [See Exhibits B and C.] Section 2.02: Permitted Uses. 1. Pumphouses for irrigation (two are existing). 2. Access roadways, river crossings and railroad crossings, cart paths and entry features. 3. Utility and irrigation distribution lines, facilities and enclosures. 4. Agricultural structures, existing and new including fencing, barns, stables, pole barns, outdoor riding arenas, corrals, etc. 5. Agriculture uses. 6. Cattle and Horse Operations. 7. Sales of raw agricultural products. 8. Non - habitable (as defined by the UBC) recreational structures including but not limited to goose hunting shelters and rain/sun/lightning shelters. 9. Facilities and activities conducted in support of wildlife management and habitat enhancement. 10. Construction and administration offices. 11. Water diversion and storage structures. 12. Greenbelt. 13. All existing improvements. 14. Trails for hiking, skiing, biking, nature study, equestrian use and multi -use. 15. River Access. 16. Outfitter and Guide Services. 17. Recreational uses. 1. Hunting. 2. Fishing. 3. Equestrian. 4. Camping. 18. Open space. 19. Reclamation. Section 2.03: Development Standards. 1. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 Colorado River Ranch Page 17 Mardi 28, 2001 CII year Flood- plain. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: An architectural site plan indicating the following applicable boundaries: wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. 2. A detailed landscaping plan. 3. A site specific geotechnical report prepared by a Colorado Registered Professional Engineer. 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - _ in the Office of the Clerk and Recorder for Eagle County, Colorado. Colorado River Ranch Page 18 March 28, 2001 C) ci Section 3.0: Colorado River Ranch - Planning Parcel B. Section 3.01: Intent: Planning Parcel B describes the areas that are to remain open space. Although these areas have been grazed in the past, they will now be left primarily undisturbed. [See Exhibits B and C.] Section 3.02: Permitted Uses. 1. Access roadways. 2. Utilities and irrigation. 3. Utility and irrigation distribution lines, facilities and enclosures. 4. Non - habitable (as defined by the UBC) recreational structures including but not limited to goose hunting shelters and rain/sun/lightning shelters. 5. Facilities and activities conducted in support of wildlife management and habitat enhancement. 6. Water diversion and storage structures. 7. Greenbelt. 8. All existing improvements. 9. Trails for hiking, skiing, biking, nature study, equestrian use and multi -use. 10. River Access. 11. Outfitter and Guide Services. 12. Recreational uses. 1. Hunting. 2. Fishing. 3. Equestrian. 4. Camping. 13. Open Space. 14. Reclamation. 15. Public R.O.W.s and easements. Section 3.03: Development Standards. 1. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 year Flood- plain. 3. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. Colorado River Ranch Page 19 March 28, 2001 1 01 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: 1. An architectural site plan indicating the following applicable boundaries: wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. 2. A detailed landscaping plan. 3. A site specific geotechnical report prepared by a Colorado Registered Professional' Engineer. 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - _ in the Office of the Clerk and Recorder for Eagle County, Colorado. Colorado River Ranch Page 20 March 28, 2001 C Section 4.0: Colorado River Ranch - Planning Parcel C. Section 4.01: Intent: Planning Parcel C describes the area in which the Willow Creek drainage lies. [See Exhibits B and C.] Section 4.02: Permitted Uses. 1. All the uses as described in Planning Parcel A. 2. Comfort Station. 3. Day -use cabin or tent for staging activities - not to exceed 1200 square feet. 4. Recreational uses. 1. Hunting. 2. Fishing. 3. Equestrian. 4. Camping. 5. Sporting Clays and other related shooting sports. Section 4.03: Development Standards. 1. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 year Flood - plain. 3. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: 1. An architectural site plan indicating the following applicable boundaries: wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. Colorado River Ranch Page 21 March 28, 2001 0 1 GI 2. A detailed landscaping plan. 3. A site specific geotechnical report prepared by a Colorado Registered Professional Engineer. 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - _ in the Office of the Clerk and Recorder for Eagle County, Colorado. Colorado River Ranch Page 22 March 28, 2001 rl U Section 5.0: Colorado River Ranch - Planning Parcel D. Section 5.01: Intent: Planning Parcel D describes the individual homesites. [See Exhibits B and C.] Section 5.02: Permitted Uses. 1. All the uses as described in Planning Parcel A. 2. 25 - Residential - Single Family units. Section 5.03: Development Standards. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 year Flood- plain. 3. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: 1. An architectural site plan indicating the following applicable boundaries: wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. 2. A detailed landscaping plan. 3. A site specific geotechnical report prepared by a Colorado Registered Professional Engineer. 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - _ in the Colorado River Ranch Page 23 March 28, 2001 C ) Office of the Clerk and Recorder for Eagle County, Colorado. 7. Residential. 1. Minimum lot area: 1 acre. 2. Minimum lot width: 50 feet. 3. Maximum building envelope size: 1 acre. 4. Total habitable square footage of each residence shall not exceed 3,200 square feet. Non - habitable areas include decks, covered porches, screened porches, car ports, etc. and are excluded from the total habitable square footage. Each residence may include more than one structure as long as the cumulative total of habitable square footage does not exceed 3,200 square feet. 5. Lot perimeters shall not be fenced, nor shall any fencing be allowed in designated Wildlife Movement Corridors. 6. Maximum building height: 30 feet. 7. Maximum lot coverage: regulated by building envelope. Colorado River Ranch Page 24 March 28, 2001 C I J Section 6.0: Colorado River Ranch - Planning Parcel E. Section 6.01: Intent: Planning Parcel E describes the areas in which the golf course maintenance facility, ranch headquarters Fire Station and employee housing sits. This area will make up the ranch compound at the main entrance, the ranch headquarters at the north entrance, and the existing homestead along the Colorado River Road. [See Exhibits B and C.] Section 6.02: Permitted Uses. 1. All the uses as described in Planning Parcel A. 2. Old School House (Renovate existing building). 3. Firestation. 1. 1- two bay fire station with ability to expand to more as needed. 2. 1- Employee Housing Unit for fire station with a maximum of 4 bedrooms. 3. Laundry. 4. Mechanical. 4. Employee Single Family Home for Golf Superintendent w /lock -off Studio Unit for Assistant. 5. Employee Bunkhouse. 1. 10 bedroom facility. 2. Living area w/kitchen. 3. Restrooms. 4. Mechanical. 5. Common laundry. 6. Employee Pavilion. 1. Open air covered deck w /fire pit. 7. Employee single Family home for General Manager. 8. Pole barn (2). 1. Open air covered storage. 9. Cold Storage. 10. Heated Shop. 1. Employee offices. 2. Rest rooms. 3. Wash bay. 4. Mechanical. 11. Employee Parking Shelter. 12. Employee Offices. 1. Break room. 2. Locker area. Colorado River Ranch Page 25 March 28, 2001 3. Rest rooms. 4. Mechanical. 13. Fertilizer /Gas Storage. 14. Ranch Operation Headquarters. 1. All Existing Structures and agricultural uses. 15. Temporary office facility (double wide along Colorado River road to be demolished after construction and revegetate). 16. Club Operations. 17. Employee Housing without outdoor recreational pavilion. 18. Horse Barn. 1. Restrooms. 2. Office. 3. Mechanical. 4. Storage. 5. Tack Room. 6. Horse Stalls for ± 12 horses. 19. Parking Facilities. Section 6.03: Development Standards. 1. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 year Flood- plain. 3. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: 1. An architectural site plan indicating the following applicable boundaries: wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. 2. A detailed landscaping plan. Colorado River Ranch Page 26 March 28, 2001 C; 011 3. A site specific geotechnical report prepared by a Colorado Registered Professional Engineer. 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - _ in the Office of the Clerk and Recorder for Eagle County, Colorado. 7. Old School House (Renovate existing building). 8. Firestation Development Standards subject to Gypsum Fire Distrcit Specifications 1. 4 Bedroom Employee housing for fire station not to exceed 3,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 5 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 9. Employee Single Family Home for Golf Superintendent w /lock -off Studio Unit for Assistant. 1. not to exceed 2,200 habitable square feet. 2. Maximum building height: 30 feet. 3. Maximum lot size: 2 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 10. Employee Bunkhouse 1. not to exceed 4,000 habitable square feet. 2. Maximum building height: 30 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 11. Employee single Family home for General Manager 1. not to exceed 3,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 2 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 12. Heated Shop 1. not to exceed 6,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4: Landscape Area: Maximum irrigated lawn area: 5,000 square feet. Colorado River Ranch Page 27 March 28, 2 001 r 13. Employee Offices 1. not to exceed 2,500 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 2 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 14. Ranch Operation Headquarters. 1. All Existing Structures and agricultural uses. 15. Temporary office facility (double wide along Colorado River road to be demolished after construction and revegetate) Colorado River Ranch Page 28 March 28, 2001 0 0 Section 7.0: Colorado River Ranch - Planning Parcel F. Section 7.01: Intent: Planning Parcel describes the area of the Clubhouse Facility. [See Exhibits B and C.] Section 7.02: Permitted Uses. I . All the uses as described in Planning Parcels A and G. 2. Clubhouse Facility. 1. Bar /Grill. (1) Food and Beverage service. (2) Rest rooms. (3) Kitchen. (4) Mechanical. (5) Laundry. (6) Maintenance. 2. Pro Shop /Outfitter Center. (1) Retail space. (2) Employee offices. (3) Spike room. (4) Dressing room. (5) Rest rooms. (6) Storage. (7) Mechanical 3. Cart Barn. (1) Cart Storage and charging facilities. (2) Employee work area. (3) Rest rooms. (4) Laundry. (5) Mechanical. (6) Wash bay. 4. Grange Hall. (1) Gathering space. (2) Warming Kitchen. (3) Conference room. (4) Trophy room/Library. (5) Rest rooms. (6) Mechanical. 5. Fitness Center /Lockers. (1) Locker area. Colorado River Ranch Page 29 March 28 2001 C (2) Fitness /Workout area. (3) Rest rooms. (4) Showers. (5) Steam room. (6) Treatment room. (7) Employee office. (8) Mechanical. 6. Pool/Hot Tub. (1) Outdoor sitting areas. (2) Mechanical. 7. Kids Pavilion. (1) Out door play area. (2) Game room. (3) Rest rooms. (4) Mechanical. (5) Employee office. 8. Tennis Courts. 9. 2 Guest Cabins with overnight rooms. (1) Each room has it's own sleeping area, closet and bath room. (2) Each building has a 1000 sq. ft common kitchen/living area w /fireplace. (3) Mechanical. 3. Parking Facilities. Section 7.03: Development Standards. 1. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 year Flood- plain. 3. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: 1. An architectural site plan indicating the following applicable boundaries: Colorado River Ranch Page 30 March 28, 2001 wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. 2. A detailed landscaping plan. 3. A site specific geotechnical report prepared by a Colorado Registered Professional Engineer. 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - — in the Office of the Clerk and Recorder for Eagle County, Colorado. 7. Clubhouse Facility. 8. Bar /Grill 1. not to exceed 6,500 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 9. Pro Shop /Outfitter Center. 1. not to exceed 4,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 10. Cart Barn. 1. not to exceed 5,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 11. Grange Hall. 1. not to exceed 4,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 12. Fitness Center/Lockers. 1. not to exceed 6,000 habitable square feet. Colorado River Ranch Page 31 March 28, 2001 C 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 13. Kids Pavilion. 1. not to exceed 3,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. 14. Guest Cabins (2). 1. not to exceed 12,000 habitable square feet. 2. Maximum building height: 35 feet. 3. Maximum lot size: 4 acres. 4. Landscape Area: Maximum irrigated lawn area: 5,000 square feet. Colorado River Ranch Page 32 March 28. 2001 C, C Section 8.0: Colorado River Ranch - Planning Parcel G. Section 8.01: Intent: Planning Parcel G describes the area that includes the Golf Course and Related Facilities. [See Exhibits B and C.] Section 8.02: Permitted Uses. 1. All the permitted uses as described in Planning Parcel A. 2. Golf Course construction and operation. 3. Related Facilities. 4. 3 Comfort Stations. 5. 1 Range Building. Section 8.03: Development Standards. 1. All existing improvements may remain, be maintained and repaired. 2. All, if any, new individual sewage disposal systems shall be located outside the 100 year Flood - plain. 3. All development within the Preliminary Plan and P.U.D. boundary is subject to the terms and conditions outlined in the Colorado River Ranch Wildlife Mitigation and Enhancement Plan and Agreement. 4. All new habitable building structures must be located a minimum of 50 feet from the high water mark or outside the 100 year floodplain, which ever is more restrictive; 5. All submittals for building permits must include: 1. An architectural site plan indicating the following applicable boundaries: wildlife boundary, Planning Parcel boundary, floodplain boundary, 50' setback line from the high water mark, delineated wetlands boundary, and alluvial fan boundaries [if next to Willow Creek (Qafl only)] and any other applicable setbacks as described in Section 1.09 of this Guide. 2. A detailed landscaping plan. 3. A site specific geotechnical report prepared by a Colorado Registered Professional Engineer. Colorado River Ranch Page 33 March 28, 2001 6. All development within the Preliminary Plan and P.U.D. boundary shall be subject to conditions to approval, as recorded in Eagle County Resolution No. _ - _ in the Office of the Clerk and Recorder for Eagle County, Colorado. 7. Range Building: The Range Building houses the sweep machine (approximately the size of a golf cart) that retrieves golf balls from the driving range. 1. Maximum structure footprint: 24 feet by 40 feet to include: 2. Restrooms. 3. Equipment Storage. 8. Comfort Stations. 1. Maximum structure footprint: 15 feet by 20 feet to include: 2. Restrooms. 9. Rain, Sun and Lightning Shelters. 10. Pumphouse(s) for Golf Course Irrigation Only: 1. Non - habitable. 2. Maximum structure footprint: 30 feet by 50 feet. Colorado River Ranch Page 34 March 28, 1001 C C Exhibit A Legal Description - Colorado River Ranch A parcel of land situate in Tracts 42, 42 -A, 43, 49, 50, 52, 53 and 54, Government Lots 3,5 and 6 of Sections 13, 14, 15, 22, 23, 24, 26, and 27, all in Township 3 South, Range 86 West of the 6th Principal Meridian, County of Eagle, State of Colorado, according to the Independent Resurvey of said Township and Range approved by the Surveyor General in Denver, Colorado on May 5, 1923. Said Parcel of land, with all bearings based on a bearing of N.00 °52'26 "E. between angle point No. 3 and angle point No. 2 of Tract 54, both corners being found 2 '/2 " USGLO Brass Caps on 1" iron pipes, and more particularly described as follows: Beginning at angle point 3 tract 54, being a 2 '/2 inch USGLO Brass Cap, thence along a line between angle point 3 of tract 54 and angle point 2 of said tract 54; N.00 °52'26 "E., a distance of 2441.68 feet to a set 2 '/2 inch aluminum cap LS 33428 on the southerly line of tract 49. Thence, N.88 °58' 10 "W., a distance of 1066.73 feet, along the southerly line of tract 49 to angle point 5 of said tract 49, being a 2 ' /2 inch. USGLO Brass Cap found. Thence, N.00 °55'06 "E., a distance of 2641.39 feet, along the westerly line of tract 49 to angle point 4 of tract 49 being a 2 '/2 inch USGLO Brass Cap found. Thence, S.88 °55'39 "E., a distance of 1072.17 feet along a line between angle point 4 of tract 49 and angle point 3 of said tract 49; to a 2 %2 inch aluminum cap LS 23089 found on the westerly line of tract 50. Thence, N.01 °02'58 "E., a distance of 1514.82 feet along the westerly line of tract 50 to angle point 6 of tract 43, being a 2 %2 inch USGLO Brass Cap found. Thence, N.89 ° 03'35 "W., a distance of 1326.83 feet along the southerly line of said tract 43 to angle point 5 of tract 43, being a 2 ' /2 inch Aluminum Cap, LS 23089 found. Thence, N.00 °56'25 "E., a distance of 1324.85 feet to angle point 4 of said tract 43, being a 2 '/2 inch USGLO Brass Cap found. Thence, N.88 °53'55 "W., a distance of 1315.66 feet to angle point 3 of tract 43, being a set 2'/2 inch aluminum cap LS 33428. Thence, N.01 °06'05 "E., a distance of 2631.32 feet along the westerly line of said tract 43 to angle point 2 of tract 43, being a 2 ' / 2 Aluminum Cap, LS 23089 found. Thence, S.88 °53'55 "E., a distance of 1 315.66 feet along the northerly line of tract 43 to angle point 1 of tract 43, being a 2 '/2 inch USGLO Brass Cap found. Thence, S.01 °30'38 "W., a distance of 1313.09 feet to angle point 8 of tract 43, being a set 2 inch aluminum cap LS 33428. 01 C Thence, 5.89 °10'43 "E., a distance of 1335.68 feet, passing over a 2 %2 inch USGLO closing corner found at 199.98 feet to angle point 7 of tract 43, being a 2 11 /2 inch USGLO Brass Cap found. Thence, S.O1 'I 1'22"W., a distance of 1325.47 along the easterly line of tract 43 to angle point 2 of tract 50, being a 2 %2 inch USGLO Brass Cap found. Thence, S.89 °01'34 "E., a distance of 1317.34 feet along the northerly line of tract 50, to angle point 1 of tract 50, being a 2 1 /2 inch USGLO Brass Cap found. Thence, 5.89 °00'36 "E., a distance of 1318.64 feet along the northerly line of tract 52, passing 0.85 feet to the north of a 2 '/2 inch aluminum cap LS 23089 and being 103.85 west of angle point 3 of tract 42, to angle point 3 of tract 42. Thence, N.00 °29'06 "E., a distance of 1318.65 feet along the westerly line of tract 42, to angle point 2 of tract 42. Thence, 5.89 °01'36 "E., a distance of 1325.35 feet along the northerly line of said tract 42, passing over a USGLO Brass Cap found at 327.36 feet, being a witness corner for angle point 2 of tract 42, to angle point 1 of tract 42, being a USGLO Brass Cap found. Thence, S.00 °46'34 "W., a distance of 1122.08 along the easterly line of tract 42, to a set #4 rebar with an aluminum cap LS 33428. Thence, N.71 °34'23 "E., a distance of 1186.60 feet, to a rebar with an aluminum cap LS 11204 found. Thence, 5.32 °36'56 "E., a distance of 43.34 feet, to a rebar with an aluminum cap LS 11204 found. Thence, S.0 1 °30'00 "W., a distance of 555.30 feet, to a point of intersection with the southerly line of tract 42 -A and a set #4 rebar with an aluminum cap LS 33428. Thence, 5.89 °00'36 "E., a distance of 181.22 feet along said southerly line, to angle point 4 of said tract 42 -A being a 2 1 /2 inch GLO Brass Cap found. Thence, 5.89 °06'40 "E., a distance of 207.06 feet along the southerly line of tract 41, to the northeast corner of Government Lot 3, being a 2 1 /2 inch aluminum cap LS 33428 set on the easterly line of the west 1 /2 of the northwest 1 /4 of section 24. Thence, S.00 °58'34 "W., a distance of 2406.07 feet along the easterly line of the west 1 /2 of the northwest 1 /4 of section 24, to the center -west 1/16 corner of section 24, being a set 2 1 /2 inch aluminum cap LS 33428. C/ Thence, N.89 °07'27 "W., a distance of 1318.25 feet along the Southerly line of said West %2, Northwest 1 /4, to the West '/4 corner of Section 24, a set 2 %2 inch aluminum cap LS 33428. Thence; S.00 °57'08 "W. a distance of 1318.73 feet along the easterly line of Government Lot 6 of Section 23 being identical with the westerly line of section 24 to a set 2 '/2 inch aluminum cap LS 33428. Thence, N.89 °01'49 "W., a distance of 205.31 feet along the southerly line of Government Lot 6 to the easterly line of tract 53, being a set rebar with a 1 ' / 2 inch aluminum cap LS 33428. Thence, S.00 °58'1 1 "W., a distance of 1549.30 feet along the easterly line of tract 53, to angle point 8 of tract 53, being a 2 ' / 2 inch USGLO Brass Cap found. Thence, N.89 °02'34 "W., a distance of 1321.24 feet, to angle point 7 of tract 53, being a 2 '/2 inch USGLO Brass Cap found. Thence, S.00 °55'22 "W., a distance of 1319.20 feet to angle point 6 of said tract 53 being a 3 '/4 inch BLM, U.S. Department of Interior Brass Cap on a 2 inch pipe found. Thence, N.88 °59'54 "W., a distance of 1319.76 feet along the southerly line of tract 53, to angle point 5 of tract 53, being a 3 ' / 4 inch BLM, U.S. Department of Interior Brass Cap on a 2 inch pipe found. Thence, S.00 °54' 14 "W., a distance of 2640.50 feet along the easterly line of said tract 54, to angle point 6 of tract 54, being a 2 '/2 inch USGLO Brass Cap found. Thence, N.88 °54'16 "W., a distance of 2527.09 feet along the southerly line of tract 54 to a 2' /z inch USGLO Brass cap found being a witness corner for angle point 5 of tract 54. Thence, N.88 ° 54' 16 "W., a distance of 112.17 feet, continuing along said line to angle point 5 of tract 54. Thence, N.00 °57'57 "E., a distance of 1314.65 feet along the westerly line of said tract 54 to angle point 4 of tract 54, being a 2 '/2 inch USGLO Brass Cap found. Thence, S.88 °58'30 "E., a distance of 1321.48 feet along a line between angle point 4 and angle point 3 of tract 54, to the Point of Beginning, said parcel of land containing 1044.256 acres more or less as surveyed by Benchmark Engineering Services in July and August of 2000. Excepting therefrom the Right -of -Way of the Denver and Rio Grande Western Railroad, recorded in Book 116, Pages 165, 176, 198, 196, and 210 and in Book 82, Pages 554 and 579 and in Book 114, Page 358, said Right -of -Way being more particularly described as follows: Commencing at a angle point 3 of tract 54 being a found 2 %2 inch USGLO Brass cap on a 1 inch pipe; thence, N.88 °58'30 "W., a distance of 1321.48 feet to angle point 4 of tract 54, being a 2'/2 inch USGLO Brass Cap; thence, S.00 °57'57 "W., a distance of 1314.65 feet to angle point 5 of tract 54; thence, S.88'54'1 6"E., a distance of 753.03 feet along the southerly line of said tract 54 to a point on the westerly right of way of the Union Pacific Railroad, being a set rebar with an aluminum cap LS 33428, the True Point of Beginning. Thence, N.28 °16'1 1 "E., a distance of 590.58 feet along the westerly right of way to a set rebar with an aluminum cap LS 33428. Thence, S.61 °43'49 "E., a distance of 50.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.28'1 6'11 "E., a distance of 6853.98 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.89 °06' 14 "W., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.28 °16' 11 "E., a distance of 1483.74 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, 5.89 °06' 14 "E., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.28 °16'11 "E., a distance of 832.75 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.00 °55' 13 "E., a distance of 108.83 feet along said right of way to a to a set rebar with an aluminum cap LS 33428. Thence, N.28 °16'11 "E., a distance of 358.67 feet along said right'of way to a to a set rebar with an aluminum cap LS 33428. -Oo�- Thence, along said right of way on a curve to the right having an arc length of 43.29 feet, a radius of 14882.32 feet, a delta angle of 00° 10'00" and a chord of 43.29 feet which bears N.28 °21' 11 "E to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an are length of 43.58 feet, a radius of 7491.17 feet, a delta angle of 00 °20'00" and a chord of 43.58 feet which bears N.28'36'1 FE to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 43.87 feet, a radius of 5027.45 feet, a delta angle of 00 °30'00" and a chord of 43.87 feet which bears N.29'01'1 I "E to a set rebar with an aluminum cap LS 33428. c Thence, along said right of way on a curve to the right having an arc length of 42.43 feet, a radius of 3795.60 feet, a delta angle of 00 °38'26" and a chord of 42.43 feet which bears N.29 °35'24 "E., feet to a set rebar with an aluminum cap LS 33428. Thence, S89 °00'36 "E., a distance of 57.27 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 17.75 feet, a radius of 3006.49 feet, a delta angle of 00'20'18" and a chord of 17.75 feet which bears N.30 °36'02 "E. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 43.87 feet, a radius of 2513.75 feet, a delta angle of 01 1 00'00" and a chord of 43.87 feet which bears N.31 ° 16' 11 "E. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an arc length of 44.02 feet, a radius of 2161.80 feet, a delta angle of 01 ° 10'00" and a chord of 44.02 feet which bears N.32'21'1 PE. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the right having an are length of 405.90 feet, a radius of 1959.86 feet, a delta angle of 11°51'59" and a chord of 405.18 feet which bears N.38 0 52'00 "E., to a set rebar with an aluminum cap LS 33428. Thence, N71 °34'23 "E,. a distance of 420.38 feet along the northern boundary of the Colorado River Ranch parcel described to a set rebar with an aluminum cap LS 33428. Thence, along the easterly right of way on a curve to the left, having an are length of 211.80 feet, a radius of 1809.86 feet, a delta angle of 06'42'18" and a chord of 211.68 feet which bears S.53 0 25'08 "W., to a set rebar with an aluminum cap LS 33428. Thence, N.39 °56'01 "W., a distance of 50.00 feet to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an are length of 556.05 feet, a radius of 1859.86 feet, a delta angle of 17 °07'48 ", a chord of 553.98 feet which bears S.41 °30'05 "W., to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.98 feet, a radius of 2061.80 feet, a delta angle of 01 1 10'00 ", a chord of 41.98 feet which bears S.32 I "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 2.50 feet, a radius of 2413.75 feet, a delta angle of 00 °03'33 ", a chord of 2.50 feet which bears S.31 °44'24 "W., to a set rebar with an aluminum cap LS 33428. Thence, S.89 °00'36 "E., 58.41 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 27.39 feet, a radius of 2011.80 feet, a delta angle of 00 °46'48 ", a chord of 27.39 feet which bears S.32 °09'35 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an are length of 41.26 feet, a radius of 2363.75 feet, a delta angle of 01'00'00", a chord of 41.26 feet which bears S.31 ° 16' 11 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.55 feet, a radius of 2856.49 feet, a delta angle of 00 °50'00 ", a chord of 41.55 feet which bears S.30 1 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 41.84 feet, a radius of 3595.60 feet, a delta angle of 00 °40'00 ", a chord of 41.84 feet which bears S.29'36'1 I "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 42.13 feet, a radius of 4827.45 feet, a delta angle of 00°30'00 ", a chord of 42.13 feet which bears S.29 °01' 11 "W. to a set rebar with an aluminum cap LS 33428. Thence, along said right of way on a curve to the left having an arc length of 42.42 feet, a radius of 7291.176 feet, a delta angle of 00 °20'00 ", a chord of 42.42 feet which bears S.28 FIW. to a set rebar with an aluminum cap LS 33428 Thence, along said right of way on a curve to the left having a an arc length of 42.71 feet, a radius of 14682.32 feet, a delta angle of 00 °10'00 ", a chord of 42.71 feet which bears S.28 °2V1 I "W., to a set rebar with an aluminum cap LS 33428. Thence, S.28'1 6'11 "W., a distance of 745.35 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.00 °55' 13 "E., a distance of 108.83 feet along said right of way to a set rebar with an I luminum cap LS 33428. Thence, S.28 I "W., a distance of 587.63 feet along said the right of way to a set rebar with an aluminum cap LS 33428. Thence, S.89 °06' 14 "E., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28° 16' 11 "W., a distance of 1483.74 feet along said right of way to a set rebar with an aluminum cap LS 33428. C Thence, N.89 °06' 14 "W., a distance of 56.30 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28 °16'l 1 "W., a distance of 2911.94 feet along said right of way, to a set rebar with an aluminum cap LS 33428. Thence, S.61 °43'49 "E., a distance of 100.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28'16'1 l "W., a distance of 400.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, N.61 °43'49 "W., a distance of 100.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28'16'1 l"W., a distance of 3593.81 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.61 °4349 "E., a distance of 50.00 feet along said right of way to a set rebar with an aluminum cap LS 33428. Thence, S.28'1 6'11 "W., a distance of 487.91 feet along said right of way to the southerly line of tract 54 to a set rebar with an aluminum cap LS 33428. Thence, along said southerly line N.88'54'1 6"W., a distance of 224.81 feet to the point of beginning, said parcel containing 32.678 acres more or less as surveyed by Benchmark Engineering Services in July and August of 2000. C �o 0 o� o �0 0 -O_ LEGEND PARCEL D PARCEL E PARCEL F PARCEL G COLORADO RIVER RANCH EXHIBIT C PLANNING PARCEL MAP PLANNING PARCELS D,E,F,&G I AI Exhibit IV Colorado River Ranch Wildlife Mitigation and Enhancement Plan Purpose Statement This Wildlife Mitigation and Enhancement Plan for the Colorado River Ranch Planned Unit Development (PUD) proposal identifies potential development conflicts and proposes the developer's commitments to avoid, minimize, and mitigate impacts resulting from the proposal. Introduction Colorado River Ranch is a historic, working ranch bisected by the Colorado River and the Colorado River Road, about one -half way between Dotsero and Burns. The t 1,045 -acre ranch consists of irrigated hay and alfalfa fields on terraces above the river Flood - plain, steep, erosive cliffs and bluffs to the west, and relatively gentle, sagebrush -cover bluffs to the east. Significant wildlife use of the property has been described by Thompson (1999). The development proposal seeks to preserve the majority of the ranch while allowing limited development. The proposal, to be developed on less than 200 acres in the middle of the valley bottom, consists of One 18 hole championship golf course and related structures (i.e., pump houses, comfort stations, range building, clubhouse facility [with Pro -shop, restaurant, locker rooms, cart barn, overnight rooms, etc.], and maintenance facility with a dorm for ± 10 employees). The course would support membership with a golf season from approximately mid -March to mid - December. 25 residential sites, each with one f 2 -acre building envelope. Each homesite will be restricted by a set of specific covenants allowing only agricultural use, open space, utilities and access, and/or a golf course in areas outside the building envelopes. Development within each envelope will be restricted by detailed design guidelines. 3. 1 single - family employee unit for the Golf Superintendent with attached studio for assistant 4. 1 single - family employee unit for the General Manager. 5. 1 single family employee unit for the Ranch Operator (existing unit at north end) 6. 1, 2 -bay fire station (shell only) with up to 4 employee unit. 7. 1 swimming pool area and 2 tennis courts. 8. Additional dispersed activities that would occur on the ranch may include sporting clays, hunting, fishing, horseback riding, and outfitter services. The remainder of the property west of the Colorado River Road would remain as a working ranch. All existing buildings, including the two residences, barn structures, and accessory buildings will be retained to the extent practical, or relocated to more accessible areas within the property that are outside of important wildlife use areas. The remaining area of the property east of the road would be zoned as open space.. This Agreement to implement this Wildlife Mitigation and Enhancement Plan is entered into as of this 13 day of March, 2001 by White Hawk Investments, Inc. ( the "developer "). This Wildlife Mitigation and Enhancement Plan was developed to avoid, minimize, and mitigate wildlife impacts resulting from the present development proposal associated with golfcourse and related development on Colorado River Ranch. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions, and meetings with CDOW representatives, input from Eagle, County (County), the Bureau of Land Management (BLM), and the public, and meetings and discussions with staff and professionals representing the developers. The developers, their successors or assigns, including a Property Owners' Association (if applicable) which might undertake some or all of the owner's commitments, as delineated below, propose to commit to the following wildlife mitigation measures. This Agreement will be effective only upon approval by Eagle County of the Colorado River Ranch PUD application. Wildlife Mitigation and Enhancement Plan 1. Develop the golf course and homesites in non -native habitat (i.e., in hay and alfalfa fields), rather than in native habitats, such as sagebrush and riparian corridors, except where indicated on the Preliminary Plan and for restoration improvements. Homesites should be reasonably setback and buffered from the river to facilitate continued wildlife use along the river, including that of waterfowl, bald eagles, and a variety of other wildlife groups. Significant'structures located west of the Colorado River should also be located at least 800 feet from the mouth of Willow Creek Canyon to allow sufficient clearance for animals to move in and out of the canyon. The proposed day -use comfort station / staging site, located to the side of the canyon's mouth, but within this zone, is acceptable because of its size, use, and siting. 2. Implementing the following conceptual development recommendations for the homesites would provide a more compatible development with wildlife. Some of the more important measures include clustering development to the to the area within each designated building envelope in which all habitat disturbance is confined. Other recommendations include: installing utilities in access road and driveways, limiting fencing, restricting dogs, maintaining trash control, educating residents and guests, and other measures thatthe developer routinely implements to make their developments some of the most sensitive to wildlife in the County. Utilize the existing bridge across the river to the extent possible. Replacing the bridge at its present location would be preferable to building a second bridge and another access portal. 4. Avoid the existing riparian corridor along the river, establish setbacks required to maintain water quality, and implement Best Management Practices to prevent sediment and golf course runoff from entering the riparian corridor. This riparian corridor is recovering from the effects of cattle access prior to 1985 and is now fenced to prevent cattle from entering and degrading this high value habitat. However, cottonwood regeneration is being retarded by beaver activity. Natural succession could be encouraged, benefitting both aesthetics and the wildlife community, by protecting mature and developing trees with individual wire wrapping or cages. Trees could also be planted, but they too would have to be protected indefinitely from beavers. Develop the golf course to Audubon Society specifications to optimize compatibility with wildlife. Among other considerations, this will control runoff - induced furunculosis outbreaks in the river that might originate on -site. The golf course management plan should describe the proper procedures for the application ofherbicides, pesticides, fertilizers, and other chemicals, ifnecessary, and should specify water conservation measures. The Willow Creek corridor represents a significant elk migration corridor onto the ranch. Although elk access to the golf course should not be encouraged, there are native habitats along the west flank of the course that will remain important to wintering elk. The golf course should not be fenced, other than maintaining the existing or upgraded fencing along the riparian corridor, which may reduce beaver access to the course and its landscaping. Homesites and other physical structures should also be located at least 800 feet from the mouth of Willow Creek Canyon to allow sufficient clearance for animals to move in and out of the canyon. The proposed day -use comfort station, described in #1, above, is acceptable. Removing cattle grazing in the decadent Willow Creek riparian corridor may be all that is needed to stimulate riparian regeneration outside the mouth of the canyon. Snags (i.e., dead trees) with nest cavities should be retained for bluebirds and other cavity- nesters throughout the property unless they pose a legitimate safety hazard. Developers will also work with the CDOW to develop adequate vegetative screening between residential buildings, the river, and golf course buildings to facilitate local big game movements. 7. The CDOW shall be indemnified of any and all wildlife damage to golf course and resort landscaping on the property. Although this course will be highly attractive to wintering big game, it may not attract more animals than the annual standing crop of alfalfa that remains green into December. Native landscaping, ropes and flashing lights around greens (1 [one] / green), and leaving roughs un -mowed in the fall, have been partly effective at reducing big game damage at other Eagle County golf courses. There shall be no free - ranging dogs or cats permitted within the PUD area, with the exceptions identified in #9, below. Each residential parcel will be permitted to have up to two dogs and offspring up to three months old. Residents will be prohibited fromharboring dogs on their property unless theyhave adequate facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the parcel's building envelope, and shall not -exceed 1,000 square feet. Homeowners are encouraged to enclose runs 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. At no time are dogs to be allowed to run freely. When dogs move beyond their owner's property line, 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 legally hunting with its owner or authorized representative, or is being trained for such a purpose. Visitors should not bring dogs on -site. Guests of homeowners shall comply with all PUD dog control measures. The developers, their successors or assigns, including a Property Owners' Association (developers, et al.), shall be responsible for enforcing dog and pet covenants. The County and CDOW may also control stray dogs. Such control may include the destruction of stray dogs under Colorado law. Homeowners not in compliance with these dog restrictions will be responsible for any and all costs incurred by the developers, et al., County, and/or CDOW for enforcing these provisions. Contractors, subcontractors, guests (other than those of property owners), visitors, delivery people, etc. shall be prohibited from bringing dogs onto Colorado River 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 Colorado River Ranch shall result in the immediate eviction of the dog and the dog's owner or representative from PUD. Developers and their employees and residents will be educated regarding the Colorado River Ranch dog policy. Homeowners should be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. 9. Golf course maintenance personnel shall be prohibited from chasing, scaring, frightening, disturbing, or other forms of harassment in an attempt to force big game off the golf course, driving range, and open space areas. This provision shall apply during the period of winter range occupancy, December 1 through April 30, and through the elk production period, May 1 through June 30, dates inclusive. With respect to big game, the specified period is, therefore, from December 1 through June 30. 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 of the golf course. Such use of trained dogs is permitted within the boundaries of the golf course to displace geese, (1) as long as no big game are present and. (2) outside the waterfowl production period (March 15 to June 15, dates inclusive). These and other dogs not under direct physical control of their owners or owners' representative(s) are permitted on the property as long as they are associated with valid golf course operations. The only other dogs allowed on the property are those associated with valid agricultural operations, those being trained for hunting, or those being used for waterfowl hunting. 10. The golf course and homesites are located on the edge of high quality black bear habitat. Most bears do not cause damage where 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. They will eat human food, garbage, hummingbird nectar, bird seed, pet food, grease off grills, suntan lotion, etc. Garbage generally provides the greatest attraction for bears to residential developments: Once a bear has found an easily accessible, consistent food source, it will often overcome its wariness of people and visit the site regularly. This increases the chance of a bear -human encounter. After repeated use of the food source, the bear may even act aggressively toward residents, 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: A. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), anywhere 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. B. There shall be no dumps or underground disposal of refuse within the development. Buried garbage will attract bears. C. With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. 11. The fishery associated with the Colorado River on the ranch is underutilized, but limited by cover and habitat diversity. Installation of rock structures would create pools and still water areas, diversifying the constant velocities that occur through this reach. The CDOW and/or a fisheries biologist could recommend additional enhancement measures to improve this fishery. # ) C 12. Recreational use out of the valley bottom up Willow Creek should follow daily time restrictions to minimize conflicts with nocturnal and crepuscular big game use. Any recreational use between December 1 and April 30 (dates inclusive), the period of big game winter range occupancy, should not leave the valley bottom and enter Willow Creek Canyon before 0900 hours. Recreationists should be back out of the Willow Creek drainage by 1500 hours. These time restrictions do not apply to any big game hunting originating on the property. 13. In the event that a sporting clay facility is developed along the Willow Creek valley bottom, above the mouth of the canyon, the facility shall be used only during daylight hours and outside of the December 1 through April 30 winter range period. Ammunition at this facility shall be restricted to steel shot only or other alternative and acceptable metals, unless a plan for the removal of lead shot is developed and approved by CDOW, which shall not be unreasonably withheld. 14. Goose hunting pits along the river could be developed with CDOW consultation. All waterfowl hunting utilizing shotguns shall be restricted to steel shot ammunition. 15. Watchable wildlife values on the property (e.g., elk, deer, moose, bald eagles, trumpeter swans, white pelicans, nongame wildlife, beavers, etc.) could be developed with CDOW or private consultation. 16. Big McCloskey Road, located east of the Colorado River Road, provides public access through Colorado River Ranch to a large tract of public land. Developers will maintain public vehicular access to this large tract of public land, in part to allow hunters to manage big game herds and reduce potential game damage on the ranch. Additional Commitments These commitments, as set forth above in this Agreement, shall not be amended without the written consent of the CDOW. The CDOW and/ or County can enforce this entire Wildlife Mitigation and Enhancement Plan through this agreement and the approved PUD. Developers intend that this Wildlife Mitigation and Enhancement Plan, and any amendments thereto, be recorded in the Office of the Clerk and Recorder for Eagle County, Colorado. Literature Cited Thompson, R.W. 1999. Wildlife evaluation of the Colorado River Ranch PUD proposal, Eagle County, Colorado. Western Ecosystems, Inc. Boulder, CO.6 pp. Sept. 28. Exhibit V PLANNED UNIT DEVELOPMENT AGREEMENT COUNTY OF EAGLE, STATE OF COLORADO AGREEMENT NUMBER: White Hawk Investments, Inc. for Colorado River Ranch Planned Unit Development File Number: PDP -00018 WHEREAS, White Hawk Investments, Inc. (hereinafter called "Applicant ") did file an application with the Eagle County Department of Community Development, State of Colorado, on or about August 28 2000, for an amendment to the Colorado River 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: 1. CONDITIONS IN THE RESOLUTION The PUD, including Applicant and successive owners of any part thereof, jointly and severally are 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- 00018. 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. Warrqpty. The SIA shall provide for a warranty period of two (2) years following completion of the last of the improvements. 4. GENERAL PROVISIONS The following shall apply to all PUD Improvements, including off -site improvements, set forth in this Agreement: 4.1 Compliance with Land Use Regulations The Applicant shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of commencement of construction of the PUD Improvements referred to herein. 4.2 Amendment and Modification The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.3 Assi ng ability This Agreement shall be enforceable against the Applicant, provided, however, that in the event the Applicant sells, transfers or assigns all or part of the subject PUD, the obligations of the Applicant under this Agreement as to that portion of the subject PUD may be assumed in writing by the purchaser of the parcel, and the Applicant shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Applicant shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 4.4 Binding upon Successors This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.5 Sole Responsibility of Applicant Prior to County Acceptance It is further agreed and understood that at all times prior to the completion and acceptance of the off -site PUD Improvements set forth in this Agreement and the SIA by the County, each of said improvements not accepted as complete shall be the sole responsibility and charge of the Applicant. When it is necessary to allow the general public to utilize the roadways under construction by the Applicant, traffic control and warning devices shall be placed upon such roadways by the Applicant in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. ( C 4.6 No Rights to Third Parties This Agreement does not and shall not be deemed to confer upon or grant to any third parry any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.7 Notice Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. Address for giving notice to County: P.O. Box 850 Eagle, CO 81631 (970) 328 -8685 Address for giving notice to Applicant: White Hawk Investments, Inc. P.O. Box 988 Edwards, CO 81632 next page is signature page IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2001. ATTEST: Clerk to the Bogard of County Commissioners Title F:\Planning\P U D\ Prelim\ 18ColoRiverRanch \PUDAgreement2.wpd