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HomeMy WebLinkAboutR03-066 Amendment to the Red Sky Ranch PUD Guide File NO. PDA-00040~- ~ ' er moved adoption Commission of th following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- d~ APPROVAL of the AMENDMENT to the RED SKY RANCH PUD GUIDE FILE NO. PDA-00040 y51~~ WHEREAS, on or about October 4, 2002, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail Resorts Development Company. (hereinafter "Applicant") for approval of the amendment of the Red Sky Ranch Planned Unit Development, Eagle County, Colorado (hereinafter the "P,UD"); and WHEREAS, the Applicant requested amendment of the PUD for the purpose of rearranging several of the originally approved uses and adding the additional use of an administrative office building up to 4,000 sq. ft. ~in size on Tract H, as defined, More specifically, changes were propose as follows: Employee Housing: The Red Sky Ranch approval includes a commitment to provide on site ~ employee housing in the form of athree-bedroom home with an attached apartment. The !~ location for this home was to be on Tract H near the main entrance to Red Sky Ranch. One.of N ~ m ® the proposed amendments is to relocate the housing units away from the project entryway in ~ ~ N m areas. which will provide the future occupants a greater degree of privacy. The three-bedroom ~ ., ~ ~ home is to be located along Bellyache Ridge Road near the driving range and teaching facility on M ~ ~ the eastern `Fazio' course. Anew Tract V is to be defined for this purpose. This home will 00 a ® provide housing for the on site property manager. The studio apartment is to be incorporated into the golf maintenance facility on the western `Norman' course and will be used for a member of ~ the golf course staff. On Tract H, a small office building for the property manager will be constructed. This proposed small of, j4ce building represents the only net gain in development ~~ F from the existing, approved PUD. ~~~ Norman Golf Course Maintenance Facility: The original approval identified a location adjacent ~~ ~ to the 9~' Hole of the `3~Torman' course for a golf maintenance facility. As road and,golf course m construction has progressed, it has become apparent that this site is not appropriate for the W maintenance facility. The difficulty of access reduces the viability of this site. It is proposed to designate the originally approved maintenance facility site to `Open Space' and to relocate said ~o ~ E - N ~ .', - Y m F Commissioner ~ ~ moved adoption of the. flowing Resolution: BOARD OF EAGLE COUNTY COMIVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- C'~~~ APPROVAL of the AMENDMENT to the RED SKY RANCH PUD GUIDE FILE NO. PDA-00040 WHEREAS, on or about October 4, 2002, the County of Eagle, State of Colorado, accepted for filing an application submitted by Vail Resorts Development Company. (hereinafter "Applicant") for approval of the amendment of the Red Sky Ranch Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD"); and WHEREAS, the Applicant requested amendment of the PUD for the purpose of rearranging several of the originally approved uses and adding the additional use of an administrative office building up to 4,000 sq. ft. in size on Tract H, as defined. More specifically, changes were propose as follows: Employee Housing: The Red Sky Ranch approval includes a commitment to provide on site employee housing. in the form of athree-bedroom home with an attached apartment. The location for this home was to be on Tract H near the main entrance to Red Sky Ranch. One of the proposed amendments is to relocate the housing units away from the project entryway in areas which will provide the future occupants a greater degree of privacy. The three-bedroom home is to be located along Bellyache Ridge Road near the driving range and teaching facility on the eastern `Fazio' course. Anew Tract V is to be defined for this purpose. This home will provide housing for the on site property manager. The studio apartment is to be incorporated into the golf maintenance facility on the western `Norman' course and will be used for a member of the golf course staff. On Tract H, a small office building for the property manager will be constructed. This proposed small office building represents the only net gain in development from the existing, approved PUD. Norman Golf Course Maintenance Facility: The original approval identified a location adjacent to the 9a' Hole of the `Norman' course for a golf maintenance facility. As road and golf course construction has progressed, it has become apparent that this site is not appropriate for the maintenance facility. The difficulty of access reduces the viability of this site. It is proposed to designate the originally approved maintenance facility site to `Open Space' and to relocate said 1 maintenance facility to what was originally approved as residential building Lot 69. The lot line common to both Lots 69 and 70 will be adjusted to make Lot 70 slightly smaller. The Lot 691ot lines are to be eliminated and incorporated into the adjacent golf course tract. Norman Course Hole No. 1 Revision: Hole number one is a Paz 3 hole immediately adjacent to the clubhouse site. Originally, this golf hole was aligned in an east to west direction. During construction, the golf course architect realigned the hole in a north to south direction. As such, the hole now encroaches into an azea, which is designated as Open Space. This three acre open space tract (OS-8) will be re-designated as golf course tract and part of two residential lots (discussion follows). A two-acre portion of golf course tract that was intended for this hole will be amended to open space. Relocation of Two Residential Lots: The relocation of the maintenance facility to Lot 69, in addition to a consolidation of Lots 10 and 12 into one lot (previously approved by the Board on October 22, 2002 %File No. AFP-00146) has made two of the 87 originally approved home sites available for relocation. It is proposed to recreate these two single-family lots adjacent to Hole No. 1 of the `Norman' course. The lots, if approved, will be enumerated as Lots 88 and 89 respectively. 'There will be no net gain in residential density from the existing PUD approval. With all of the above anticipated alterations taken into account, the amount of acreage dedicated to residential development will increase by approximately'/z acre, the golf course tracts will decrease by approximately 1.5 acres and Open' Space will increase by approximately one acre. WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD, and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Boazd of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board"); and WHEREAS, at its public hearing of November 20, 2002 the Eagle County Planning Commission, based on its findings, recommended approval, with condition, of the proposed Amendments of the Red Sky Ranch Planned Unit Development; and, WHEREAS, at its public meeting of December 17, 2002, the Boazd considered the PUD Amendment application, associated plans and the statements and concerns of the Applicant and the Eagle County staff; and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Master Plan, the recommendation of the Planning Commission and staff, and comments from all interested parties, the Boazd of County Commissioners of the County of Eagle, State of Colorado, finds as follows: That proper publication and public notice were provided as required by law for the hearings before the Planning Commission and the Boazd; and, Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the Review of a Sketch and Preliminary PUD Plan: 2 • ~ (1) Unified ownership or control. The title to all land that is pazt of this PUD is not owned or controlled by one person; however, the Applicant is Vail Resorts Development Company on behalf of the PUD as a whole. (2) Uses. All of the uses proposed in this PUD Amendment are not uses that are already designated as allowed uses in the Planned Unit Development Guide. However, by virtue of the Boazd's approval of this application for PUD Amendment, the proposed additional use will be acknowledged as ause-by--right within the PUD, as specified. ~ • (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. (4) Off-Street parking and Loading. It HAS been demonstrated that off-street pazking and loading provided in the PUD complies with the standards of Article 4, Division ~1, Off- Street Pazking and Loadin~yStandazds, without a necessity for a reduction in the standards. (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. (~ Signs. The sign standazds applicable to the PUD ARE as specified in Article 4, Division 3, Sign Re ations. ,' (~ Adequate Facilities. The Applicant HAS cleazly demonstrated that the development proposed in the Preliminazy Plan for PUD will be provided adequate facilities for sewage disposal, electrical supply, and roads; the applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, solid waste disposal and fire protection. In addition, the Applicant HAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8)• Improvements. It HAS been cleazly demonstrated that the improvements standazds applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD IS compatible with the chazacter of surrounding land uses. (10) Consistency with Master Plan. The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (PLUM). 3 • (11) Phasing. A phasing plan IS NOT necessary for this development. (12) Common Recreation and Open Space. The PUD IIAS demonstrated that the proposed development will comply with the common recreation and open space standazds with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resources Protection. 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 Standazds, have been considered. 9. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standazds for the review of a Sketch and Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (PLUM). (2) Consistent with Land Use Regulations. The Applicant HAS fully demonstrated that the proposed subdivision complies with all of the stnadazds of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. (3) Spatial Pattern Shall Be Efficient. 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. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility=s service plan or that County approval of a service plan amendment will be given; or that road extensions aze consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service azea to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served azea. 4 ~ ~ (4) Suitability for Development. The property proposed to be subdivided IS suitable for development. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the chazacter of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding azea. 3. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m Amendment to Preliminary Plan for PUD: (1) Is consistent. The proposed PUD Amendment IS consistent with the efficient development and preservation of the entire Planned Unit Development. (2) Does not affect in a substantially adverse manner. The proposed PUD Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the publio interest. (3) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application submitted by Vail Resorts Development Company for amendment(s~ of, to the Red Sky Ranch Planned Unit Development be and is hereby approved, with the following condition: ' 1) Adherence to the recommendations of the Colorado Geological Survey in their referral response dated October 31, 2002. That a Plat Note be incorporated into the Amended Final Plat which requires that a site specific soils and foundation investigation be performed on each of the two proposed residential lots prior to building permit issuance as with the other lots in the Red Sky Ranch development. THAT, the Boazd hereby approves the Amended Planned Unit Development Guide revised and dated December 31, 2002 and attached hereto as Exhibit `A'; and THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Boazd hereby finds, determines and declazes that this Resolution is necessary for the health, safety and welfare of the Inhabitants County of Eagle, State of Colorado. THAT, the Planned Unit Development Agreement recorded in the records of the County of Eagle, State of Colorado, at Reception Number 749749 on February 9, 2001 shall remain in full force and effect. 5 ~e ~p Q* '~~ORA9~E MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 3rd day of June, 2003, nunc pro tunc to the 17~' day of December, 2002. ATTEST: By' ,~ Teak J. Simonton Clerk to the Board of County Commissioners • COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Michael L. Gallagher, By: Tom tone, Commissioner By: Arn M. Menconi, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone ~C~~ Commissioner Arn M. Menconi This Resolution passed by~'if/~~~i~~vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 ffiIBIT "A° RED SKY RANCH PLANNED UNIT DEVELOPMENT GUIDE December 31, 2002 • RED SKY RANCH PUD GUIDE 1 PURPOSE The purpose of the Red Sky Ranch PUD Guide is to serve as the governing regulations which will control the land uses within the Red Sky Ranch PUD. The PUD Guide will serve as the zone district regulations for the PUD and will regulate the use of land, bulk, maximum. height, provide regulations for uses permitted therein and accessory buildings and uses; and provide additional supplementary regulations. This PUD Guide is in conformance with the requirement listed in Article 5-240 F 2 a (8) of the Eagle County Land Use Regulations. Additionally, the purpose of this PUD Guide is to insure the orderly and compatible development of the property. The Guide replaces the standard zoning provisions of Eagle County with site specific restrictions that are more appropriate to the specific conditions of lands contained within this development. This PUD Guide will establish and implement a long range comprehensive plan for Red Sky Ranch that will encompass such beneficial features as a balance of residential and recreational uses, enhancement of public safety, creation of aesthetically pleasing environmental features and promotion of high standards of development quality through stringent site planning, landscaping controls and architectural design guidelines all for the benefit of the existing and future citizens of Eagle County. 2 INTENT Red Sky Ranch is intended to be a residential and golf community. Red Sky Ranch will provide for a balanced mixture of recreational, residential and undisturbed natural lands. This Guide remains somewhat flexible to allow for changes and innovations in community design as the project progresses through its multi-year development schedule. These changes will be permitted only as they remain consistent with the overall character of Red Sky Ranch as defined throughout this Guide. • 3 ENFORCEMENT The provisions of this Guide aze enforceable by the authority and powers of Eagle County as granted by law. Enforcement action shall be consistent with the authority and actions defined in the Eagle County Land Use Regulations. All provisions of this Guide shall run in favor of the residents, occupants and owners of land within Red Sky Ranch to the extent expressly provided in this Guide and in accordance with its terms and conditions. 4 MODIFICATIONS TO THIS GUIDE It is anticipated that modifications to this Guide will be necessary from time to time as the project progresses through its development life. This Guide provides three types of modifications; Major, Minor, and Building Envelope Adjustments. These three aze defined as follows: Major Modifications: Major modifications shall require amendments to the PUD Preliminary. Plan. Major modifications are those changes which could alter the character or land use of a portion of the project. Major modifications shall be defined and processed in accordance with Section 5-240.F.3.m, ,Amendment to Preliminary Plan for PUD, of the Eagle County Land Use Regulations Minor Modifications: Minor Modifications aze 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 aze 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 aze similaz in nature to the listed permitted uses and are consistent with the intent, adjustments to Planning Pazcel boundaries, golf course and recreational amenity design modifications. Applications for Minor Modifications shall be processed in accordance with Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations and may be approved if it is found to be consistent with the established goals of the Red Sky Ranch PUD Guide and Preliminary Plan. • In addition, Minor Modifications may or may not require an Amended Final Plat, processed in accordance with Section 5-290, Minor Subdivision, of the Eagle County Land Use Regulations. Building Envelope Adjustments: Amendments to the Building Envelopes may occur upon approval of one of two of the following processes: A. Administrative Process for a Building Envelope Amendment - If is has been demonstrated that [1] all property owners within 75 feet of the outer boundaries of the lot in which the building envelopment adjustment is being proposed, and '[2] the Red Sky Ranch Design Review board have approved the proposed Building Envelope Adjustment, such an application may be processed in accordance with Section 5-290, Minor Subdivision, of the Eagle County Land Use Regulations, as a Type B Subdivision. In addition to other standards provided in Section 5-290, the Director of Community Development shall also be required to determine that: 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 adjustments has been sent, or the proposed change is required due to geologic or other hazard considerations; 2. The envelope change does not adversely impact wildlife corridors; 3. The envelope change does no adversely impact ridgelines nor create any increase in impacts to ridgelines; 4. The envelope amendment is not an alternation of restrictive plat note. B. Public Process for a Building Envelope Adjustment - An application for a building envelope adjustment which does not qualify for the Administrative Process shall be processed in accordance with Section 5- 290, Minor Subdivision of the Eagle County Land Use regulations, as an Amended Final Plat. In addition to other standards provided in Section 5- 290, the Board of County Commissioners shall also determine that: • 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 required due to geologic or other hazard considerations; 2. The envelope change does not adversely impact wildlife corridors; 3. The envelope change does not adversely impact ridgelines nor create any in impacts to ridgelines; 4. The envelope amendment is not an alternative of a restrictive flat note. ' 5 ~ DEFINITIONS Unless otherwise defined all terms in this document shall be as defined by the Eagle' County Land Use Regulations. Three definitions to follow: Ancillary Facilities Ancillary facilities shall mean any use or structure commonly found to be subordinate or auxiliary to the primary permitted use. An example of an ancillary facility, to a golf course might include, but not be limited to, cart paths, drinking fountains, and a traveling beverage cart. Concessions Concessions shall mean the sale of food, beverage or golf related items. This use may take place within one of the golf course facilities or during tournament events may be set up as a temporary use on the golf course. Starter House Starter house shall mean a built facility near the first tee that houses the golf course starter. A starter house may also include restrooms and concessions. 6 SIZE The Red Sky Ranch PUD consists of approximately 780 acres. The Preliminary Plan indicates the following land uses and acreage: Land Use cres % of Site Residential Lots 207.6 26% Golf Course 474.2.0 ~ 60% Open Space OS 1- OS9 63.7 8% Road R.O.W 41.4 6% Total 786.9 100% 7 DENSITY The Red Sky Ranch PUD shall consist of no more than 87 single family residential homes, two 18 hole golf courses and ancillary facilities, employee housing, open space and road right-of--way. Specific information and limitations regarding this density and these land uses may be found in Section 8, PUD Zone Districts. ' 8 PUD ZONE DISTRICTS A. Residential 1. ose: To provide sites for low density single family homes on a variety of lot sizes. 2. Uses by Right: a) Single family dwelling units. b) Accessory uses customarily appurtenant to single family homes. c) Utility services. d) Golf course and golf course cart paths. e) Secondary unit not to exceed 1200 square feet on lots 1-23 and 51-67. f) Tract H shall be allowed an administrative office not to exceed a total of 4,000 square feet. • g) Temporary sales facility -not to exceed 3 years from the date of the first Final Plat. 3. Special Uses: None. 4. Minimum Building Setback Requirements: All buildings, accessory structures and other site improvements shall be located within the building envelope as shown on the final plats. Driveways, utility lines, septic systems and anentry/address monument are allowed outside of the building envelope. Golf course plantings and cart paths are allowed to encroach into residential lots provided an easement is established on the final plat. Selective thinning of vegetation consistent with recognized wildfire protection standards is allowed outside of the building envelope. The control of noxious weeds outside of the building envelope is permitted. 5. ~Viaximum Building Height: 35 feet. 6. Parking;. Each residence shall provide a minimum of 3 on site parking spaces. If a secondary unit is included within the property an additional 2 on-site parking spaces shall be required. B. Residential Cluster 1. ose To provide an area for a single family residential cluster project. This PUD Designation shall be applied only to area Tract AA, (Lots 24-50). 2. Uses by Right: a. 27 single family dwelling units. • b. Accessory uses customarily appurtenant to single family homes. c. Interval ownership. d. Utility services. e. Golf course and golf cart paths. f. Temporary sales facility -not to exceed 3 years from the date of the first Final Plat. g. Common open space and recreation amenities. 3. Development Plan: Tract AA may be developed in a single or multiple phases and building permits may be issued for each phase based upon Eagle County Planning Staff review and approval of a detailed development plan for that phase. , 4. Special Uses: None 5. Minimum Building Setback Recluirements:~ Setbacks from the Bellyache Ridge Road right-of--way shall be a minimum of 50 feet. Setbacks from interior road right-of--way shall be a minimum of 10 feet. There shall be a minimum separation between buildings of 25 feet. 6. Maximum Building Height: 35 feet 7. arkin Each residence shall provide a minimum of 3 on site parking spaces. C. Golf Course 1. u ose: To provide for golf course and related improvements. • 2. Uses b y Right: a) Golf course and related ancillary facilities such as restrooms, starter shack, teaching facilities. b) One Golf Course Clubhouse per course including: restaurant space, cart and bag storage, staff administrative space, lobby, reception, men's and women's locker rooms, fitness facility, golf pro shop, and real estate office not to exceed 30,000 square feet each. Each clubhouse shall also be allowed one employee housing unit not to exceed 1500 square feet. ~ Restaurant seating shall be' limited to 110 seats, plus/minus five percent,, of indoor capacity. c) Tennis courts and swimming pools. d) Starter house. e) Driving range/teaching facility. f) Maintenance facility. The west side maintenance facility shall be allowed one employee housing unit not to exceed 1500 square feet. g) Public or private roads and utilities including bridges, utility improvements, lines and mains, facilities, services and buildings. h) Storm shelters and restrooms. i) Concessions and temporary special event structures. j) an employee housing unit not to exceed 3000 square feet may be located on tract GC-2 as shown on the approval Development Plan dated Apri17, 2003. A separate tract may be created for this unit. 3. Special Uses none 4. Building Setback Requirement: All buildings, accessory structures, and other structural site improvements shall be as generally located on the Preliminary Plan and no closer than 25 feet from any property line. 5. Maximum Building Height: 40 feet. D. Open Space/Recreation -Tracts OSl - OS 9 1. Purpose: To provide site for natural open space and limited recreation uses. 2. Use by Right: Foot trails, picnic areas, shade shelter/gazebo. Seasonal use foot trails. 9 DESIGN REVIEW Design Guidelines have been prepared at a preliminary level which will establish architectural and building material. standards, landscape design, site design standards and protection requirements and a design review process for tie design and construction of all homes within Red Sky Ranch. 10 SIGNS The following sign code shall be considered as an integral portion of this Planned Unit Development: Project Identification/Entry Monument Sign One sign, not to exceed 32 square feet in size and 10 feet in height, may be located within the boundary of the property in the vicinity of the main entrance. One sign not to exceed 16 square feet in size and 8 feet in height may be located at each secondary or service entry to the property. These signs may identify the project and the purpose of the entry road (i.e. maintenance facility or residential street name). If a ranch style entry feature is constructed then a sign may be placed on the crossbar in lieu of an entry monument sign. This would be allowed a height of 20 feet and the lettering and logo image would not exceed 50 square feet. These signs may not be internally illuminated and any exterior illumination must utilize a cutoff or non-visible light source. • Identification Signs Each separate use and/or separate non-residential building shall be allowed one identification sign not to exceed 32 square feet in size which may be wall mounted or freestanding. Freestanding signs shall not exceed 10 feet in height and wall mounted signs shall not exceed 20 feet in height. The intent of these signs is to allow identification of the buildings and uses associated with the Golf Course (i.e. restaurant, pro shop, driving range). Directional Sig~~s Directional signs shall be allowed provided that the total area of each individual sign shall not exceed 6 square feet in size and the maximum height shall be 8 feet. The intent of these signs is to guide automobile, golf cart and pedestrian traffic within the site. Golf Course Signs Signs shall be allowed to identify features of the golf course site to on site users of the property. These signs may include, but'not be limited to, hole identification signs, tee markers, fairplay boundary signs, yardage signs and markers, green signs, restroom signs, rain shelter signs and other similar and typical golf course related signs as deemed appropriate by the management of the course. Residential Properties Each home at Red Sky Ranch will be allowed an entry identification plaque not to exceed 5 square feet, which may be placed within or on entry monuments located at the junction of the roadway and the driveway. Eagle County Sign Regulations The above sections are intended to supercede any conflicting regulations or standards within the Eagle County Land Use Regulations, Division 4 - 3, Sign Regulations. All other provisions of Division 4 - 3 are applicable to the Red Sky Ranch Planned Unit Development. 11 CONFLICTS The specific provisions of this Guide shall supersede those of the Eagle County Land Use Regulations. However, where the Guide does not address an issue, the specific provisions of the Eagle County Land Use Regulations shall prevail. • 12 CONTROLS • A. Dog Control and Wildlife Mitigation All residential lots, owners and guests shall be subject to the approved wildlife mitigation agreement. All golf operations and use of open space shall also be subject to the approved wildlife mitigation agreement. All dogs and dog owners/handlers shall be subject to the approved wildlife mitigation agreement. B. Maintenance 1. All lots must be maintained in a clean and litter free condition. 2. No unlicensed motor vehicles may be stored on a lot unless stored in a visually unobtrusive manner. 3. Noxious weeds must be controlled and eliminated by the lot owner. 4. All land surface disturbed by construction or erosion must be satisfactorily revegetated. The Design Review Board may require additional revegetation work if it deems it necessary. 5. Dead or down vegetation which may contribute to wildlife hazard must be eliminated by the lot owner or by the Homeowner's Association if it is located on land owned by the Homeowner's Association. All lot owners must manage vegetation within the lot in accordance with the wildlife mitigation guidelines established by the Colorado State Forest Service. ~ ~ C. Construction All construction shall be subject to erosion control measures -and standard Best Management Practices to control dust emissions, air quality, water quality and noise and odor limitations as further described in the Red Sky Ranch Design Guidelines. D. Sprinkling/Central Alarm All habitable structures shall be sprinkled and shall have installed and maintained a central alarm system with 24-hour monitoring. E. Illumination Standards The purpose of this sections is to establish standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance, detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering source but other sources can be considered depending upon the filtering, shielding, height and number of sources. Mercury vapor lamps are discouraged. Street lights used for illumination of public ways are encouraged to be 20 feet of less in height. Out door lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees, bushes, etc.) should be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. 13. PUBLIC PLAY During the shoulder season, i.e. prior to June 1 and after September 15, Vail Resorts Development Company (VRDC) will reserve eight (8) tee times for a total of thirty two (32) golfers, Monday through Thursday, for local play. If these tee rimes are not reserved by local players they may be assigned to hoteUresort guests on the morning of play. The cost of play for Eagle County residents will be discounted 40% from the hoteUresort fees in place at the time of play. During a the shoulder seasons additional local play will be allowed for unused hoteUresort tee times on a standby basis. In addition VRDC will make one of the courses available for two (2) charity tournaments prior to June 1 and two (2) charity tournaments after September 15, holidays and weekends excluded. There will be no charge for the use of the course, golf carts or golf course staff; however, VRDC reserves the right to select the charity groups, tournament format and tournament dates and times. Said policy shall be implemented on the opening day of each season. ~i G V A I L R E S O R T S November 30, 2000 D E V E L O P M E N T f C O M P A N Y t , Joseph Forinash Eagle County Senior Planner P.O. Box 179 500 Broadway Eagle, CO 81631-0179 RE: Housing plan Commitment associated with the Red Sky Ranch PUD ,(File Number PDS-00017) Dear Mr. Forinash: . r As a condition to the Preliminary Plan for•the referenced PUD, Vail Resorts Development Company (VRDC) committed to a housing plan, which provided for the development of future affordable housing units as well as for employee housing units. The following outlines. the specifics of this commitment. I. Affordable Housins: The County does not currently have a formal affordable housing plan in place, which provides developers with a quantifiable obligation to provide affordable housing. However, VRDC hereby volunteers the following plan, to produce affordable housing as the Red Sky Ranch project is developed. 1) VRDC will provide for a funding source ~ for the development of affordable housing. This funding. source may be in the form of multiple options. However, for the purpose of this agreement VRDC will be the entity that the county can hold responsible for fulfilling this commitment. 2) VRDC will cause the development of four new affordable housing units within four years after Final Plat approval for Red Sky Ranch. The units will be located within Eagle County. At the time that the location and design of these units are finalized, VRDC will deliver written notice to the County regarding these specifics. Vu~ Rcw~~s• ~" Page Veil Rerons Uevelupmen~ Conywny • 137 lienrhmerk R~wd • 1'~ml U(fice Rox 959 • Avon, Colorado HIG2IWHJS9 • (r)7l1) HM15-2535 • fax (970) H4S-2555 • wwwsnow.com Vail • Nmokenridl;e • Kcy,tun~" • Beaver Creeek®• f3eehclor Culch01 • Arrowhead • lard Sk)• Hanch~~ ~--~i~ ~. VAIL RESORTS" Df VEI. (l 1'MEN~ CpMP4 NY (3) The Department of Housing and Urban Development (HUD) researches :and regularly publishes the Median Family Income (MFI) for counties throughout the United States. It is commonly accepted that if a home can be feasibly purchased by an individual or couple earning significantly less than the MFI, the home is considered affordable. Typically 60% to 80% of the MFI is the percentage used with this approach. (4) Given the foregoing, VRDC will commit that the four affordable housing units will be priced such that an individual or couple earning no more than 7~% of the Eagle County MFI (the most "current" MFI published by HUD) can qualify as a purchaser of that unit. . (5) Example: Using a hypothetical MFI of $60,000, the following demonstrates how the preceding standazd is applied. Eagle County MFI Multiply by 75% Targeted Purchaser Income Multiply by mortgage industry standard for percentage of gross income applied to housing cost (30%) Annual Housing Payments Divide by the cunrent rate for Principal and Interest payments (say 8.5%) Targeted maximum home price $ 60,000.00 $ 0.75 $ . 45,000.00 $ 0.30 $ 13,500.00 $ 0.085 $ 158,823.53 Since the foregoing example will be affected by the two variable's of future MFI's and Interest Rates, VRDC will provide the Eagle County housing coordinator ' with current calculations using data from the year in which the units aze delivered. (6) VRDC must accomplish this commitment by building new units. All units will be sold subject to a deed restriction limiting re-sale prices to appreciation rates based on the Consumer Price Index (CPI). (7) VRDC further agrees that the units will be a minimum size of 1,200 square feet each. Page 2 ~a VAIL R E50 RTS' Dr VFI OPM EN I• COMPANY (8) If VRDC has not fulfilled this commitment within four years following approval of the Final flat for lied Sky Ranch, VRDC will pay a sum of money equal to tl~e number of affordable units not built.(between one and four) multiplied by one and one-half (1.5) times the targeted maximum home price in, year four. However, there will be a limit to the amount paid by VRDC, which shall be equal to the targeted maximum home price in the year 2000 (as defined above) multiplied by an appreciation rate of 5% for each of four years, multiplied by 1.5. For example, if the targeted home price in 2000 is $160,OOU, then VRDC would pay $291,72,1 in year 2005 (160,000 x 1.05;(4 tirr4es) x 1.5). This payment will be made into an escrow account to an Eagle County Bank. The bank must be approved by the Eagle County Housing Coordinator. The terms of the escrow agreement will stipulate that the funds are >',o be used for the purpose of producing affordable . housing units in Eagle County. The Eagle County Housing Coordinator, or other persons designated by the County, will be ceded control of this escrow account and have authority over how and when the funds are used. II. Employee Housing: (1) VRDC will develop two on-site housing units for Red Sky Ranch full-time employees. These units are in addition to the 87 homesites approved at Preliminary Plan. Both of these employee units will be built near the main entry ' to the community (Tract H on Preliminary Plan). One unit will be a 3 bedroom home. The second will be an apartment above a garage. At least one dwelling unit will be completed within twelve months after the opening of the initial golf course. The second dwelling unit will be completed within twelve months after the opening of the second golf course. (2) VRDC will reserve a specific number of off-site Red Sky Ranch seasonal employee housing units. The summer seasonal demand for units by Red Sky Ranch employees coincides well with the availability of VRDC controlled units during non-ski months. The closest employee housing complex to Red Sky Ranch is Lake Creek Apartments in Edwards. Therefore VRDC will allocate at least five of these apartments to serve the housing needs of seasonal employees at Red Sky Ranch during the summer golfing season. (3) The final employee housing component stipulates that the forty (40) larger residential lots east of Old Faithful Ridge shall be allowed a caretaker unit not to exceed the square footage called for by lot size in the Eagle County Land Use Regulations. VRDC will provide.this option to buyers and builders. Page 3 ~~ . ,. s N~~ , ~ ~ VAIN RESORTS" ' DEVELOPMENT COMPANY ~ , This Housing Plan Commitment will be entered into'the file and record associated with the , Red Sky Ranch PUD (No. PDS-00017) and will remain in effect until the terms herein are fulfilled by VRDC and satisfactory evidence of such fulfillment is delivered to the Eagle' ~ , County Planning Department. , . Sincerely, MAIL RESORTS DEVELOPMENT COMPANY Mark R Thorne Vice President MRT/jl J/mthomdforinashPUD2fjVl 12900 Page 4 ~~ • RED SKY RANCH WILDLIFE MITIGATION AND ENHANCEMENT PLAN, EAGLE COUNTY, COLORADO ' Prepared for: Vail Resorts Development Company P.O. Box 7 Vail, Colorado 81657 Submitted to: Peter Jamar Associates, Inc. ' 37347 U.S. Highway 6, Suite 212 Avon, Colorado 81658 Prepared by: Richard W. Thompson Western Ecosystems, Inc. 905 West Coach Road Boulder, Colorado 80302 October 31, 2000 Copyright ®2000. Western Fterns, Inc. All rights reserved. No part of this docum~mt may ba reproduced or lrar>smitted, in whole or in pert, in any form or by any mearre, electronic or mechanical, urcluding Photocopying, or by any information storage or retrieval system, without permission in writing from the author. C: L..IPROJECTSUOUhZASUOUFGOLhVtP-USKYOct 3/ OOMit Plan Wildlife Management and Enhant Plan ~ Red Sky Ranch TABLE OF CONTENTS Section 1.0 1NTRODUCTION ............................................................................................. Page ...........................1 2.0 -RID SKY RANCH -GOLF COURSE COMPONENT .................................................................... 2 2.1 Wildlife Movement Corridors ................................................................................................ 2 2.2 Clubhouse and Maintenance Facility Building Envelopes ....................... ........................... 4 2.3 Big Game Winter Range .................... , ................................................................................ 4 .... 2.4 Ells Calving ............................................................................................................................ 7 2.5 Seasonal Use Restrictions ...................................................................................................... 8 2.6 Reclamation) Landscaping ..................................................................................................... 9 2.7 Dogs and Pet Control ............................................................................................................ 9 2.8 Fencing ................................................................................................................................10 2:9 Bears) Trash RemovaU Nuisance Wildlife ............................................................................ l l 2.10 Horses ...................................................:..............................................................---.............12 2.11 Wildlife Mortality on Local Roads .......................................................................................12 2.12 Water Quality ......................:...............................................................:................................13 2.13 CDOW Indemnification ....................................................................................................... 13 2.14 Enforcement ........................................................................................................................13 3.0 RED SKY RANCH _ RESIDENTIAL COMPONENT ........................ ......13 3.1 Home Siting .................................:....................................................................................... 13 3.2 Building Envelopes .......................................................................................................... 14 3.3 Compensation for Lost Big Game Winter Range ................................................................ 14 3.4 Seasonal Use Restrictions .................................................................................................... 15 3.5 Reclamation/Landscaping ....................................................................:.............................. 15 3.6 Dogs and Pet Control .......................................................................................................... 15 3.7 Fencing ................................................................................................................................ 16 3.8 Bears/ Trash RemovaV Nuisance Wildlife ............................................................................ 18 3.9 Mountain Lions .................................................................................................................... 20 2.10 Horses .........................................................:...........:............................................................ 20 3.11 Wildlife Mortality on Local Roads ....................................................................................... 20 3.12 CDOW Indemnification ....................................................................................................... 21 3.13 Education ............................................................................................................................. 21 3.14 Enforcement ........................................................................................................................ 21 4.0 ADDITIONAL COIVIlVIITMENTS ................................................................................................... 21 5.0 LITERATURE CITED ...................................................................................................................... 22 Western Ecosystems, lnc. October, 2000 Wildlife Management and Enhan ~ t Plan ~ Red Slry Ranch TABLE OF CONTENTS (CONTINUED) LIST OF MAPS Map 1. Red Sky Ranch wildlife constraint map ................................... 2. Red Sky Ranch residential and golf course development plan Page ................................... 23 ................................... 24 Western Ecosystems, Inc. ii o~tot~, Zooo • Red S Ranch Wildlife Management and Enhancement Plan ~5' LO INfiRODUCTION This V~rldlife Mitigation and Enhancement Plan, developed for the proposed Red Sky Ranch, proposes Vail Associates, Inc c. (VA) commitments to avoid, minimize, and mitigate impacts resulting from the proposed development, as described in ('Thompson 1999). The standards contained in Otis plan aze consistent with, or exceed, those associated with other Wildlife Mitigation and Enhancement Plans developed for the surrounding area. This plan was revised from the October 26, 1998 final draft submitted to the County and approved by the County and CDOW as part of the approved Jouflas Ranch Golf Course Special Use Permit. Revisions reflect the additions of residential development and the second golf course to the larger project azea now known as Red Sky Ranch. This Wildlife Mitigation and Enhancement Plan (Plan) was developed to avoid, minimize, and mitigate ' wildlife impacts resulting from the present development proposal associated with two, 18-hole gaff courses and residential development on the north side of Bellyache Ridge, on a former portion of Jouflas Ranch. The proposed 780-acre development is presently known as Red Sky Ranch, including both the golf course and residential components. The golf course component refers to the area managed as a golf course, including, but not limited to, the course, maintenance facilities, clubhouse, and pazking lots. Section 1.0 of this Plan, below, addresses the golf course component of the overall project Section 2.0, below, the residential component; includes all other areas of the property outside of golf course management and use, including, but not limited to, residential lots outside the golf course (defined above), roads, non-golf course open space, etc. Map 1 (attached) shows seasonal wildlife ranges on and adjacent to the property. Map 2 (attached) shows the proposed golf course and residential development plan. The wildlife planning process associated with the proposed golf course and residential developments involved conducting field surveys to delineate important wildlife areas, providing that information to planners who located structural developments outside of those areas, then conducting a series of feedback loops where the project design was fiardter refined. The specifics contained herein have evolved from existingwildlife information, results of intensive field surveys, discussions, and meetings with CDOW representatives, input from Eagle County (County) and the public, and meetings and discussions with staff and professionals representing the proponent This plan not only considers the golf course and residential components of the proposal, but also considers how this development can be integrated into existing and potential surrounding developments to facilitate continued wildlife use. This plan is organized by wildlife issues. Where mitigation measures apply to more than one issue, they are discussed under the most appropriate issue and only mentioned under other issues. VA, its successors or assigns, which might undertake some or all of the owner's commitments, as delineated below, propose. to commit to the following wildlife mitigation measures. This Plan, composed of golf course and residential components, will be effective in phases upon Eagle County approval of each development phase of the Red Sky Ranch PUD. This plan will be effective immediately upon Preliminary Plan approval for the portion of the property east of Old Faithful Ridge and, for the portion of the property west of Old Faithful Ridge, upon the approval of the first final plat for that area. In the event that the Red Sky Ranch PUD is not approved and implemented, VA shall not be required to implement the respective component(s) of this Plan. Western Ecosystems, lnc. October, 2000 Wildlife Management end Enhan ~ t Plan • fled Sky Ranch 2.0 RED SKY RANCH -GOLF COURSE COMPONENT This section of die Plan addresses the golf course component of the overall 780 acre Red Sky Ranch PUD. The golf course component refers to the area under golf course management, including, but not limited to, the two courses, maintenance facilities, clubhouses, and parking lots, as shown in Map 2. In the. event of conflicting guidelines, regulations, covenants, etc. within this Plan and/or between this Plan and PUD Guidelines, !:he most restrictive provisions shall apply. 2.1 WILDLIFE MOVEMENT CORRIDORS A. Portions of two wildlife movement comdors on the north side of Bellyache Ridge cross Red Sky Ranch. The ridge corridor is centered on, and extends the length of, the ridge bisecting the middle of Red Sky Ranch (Map 1). This corridor is generally 1,000 feet wide in more open, mountain shrub habitat, but narrows slightly (to not less than 800 feet wide) on the south where it extends through dense forest cover. The northwestern tip of the property overlaps the edge of another designated movement corridor extending along Jackson Ridge. B. That portion, of the Jackson Ridge corridor on the property is undeveloped. No Red Sky Ranch development (including golf) would occur within that designated corridor. The closest structure to that corridor is one proposed residence, whose building envelope is setback 1,100 feet from the closest edge of the corridor. Therefore, there is actually a viable, de facto comdor, composed of at least portions of 10 golf holes, on relatively flat terrain east of the defined corridor. ' C. Golf courses, per se, are relatively compatible with movement comdors, provided existing cover is not reduced without increasing corridor width, no structural restrictions are present ('including large ponds), and golf course ('including nocturnal, non-golf related) use periods are compatible with animal use. To that end, there shall be no golf course or driving range lighting that would allow nighttime use of the'golf courses. D. To maintain corridor viability, there shall be no structures or other land uses, which would restrict animal movements within these comdors, as defined herein. Two existing gravel roads now cross the ridge comdor, one to the substation and one for access to the western portion of Jouflas Ranch. This latter road will be closed and obliterated. Infrequently used, on-grade, low speed roads, as proposed, are not incompatible with wildlife movements. Cut and fill slopes along roads/ paths will be designed to be compatible with wildlife movements. Extensive retaining walls are prohibited. With the exception of the existing ranch roads, a proposed road for access to the western side of Red Sky Ranch, and a golf cart path crossing the ridge, structural development should be prohibited in this comdor to the extent that a functionally viable corridor is preserved. The Red Sky Ranch Preliminary Plan, dated October 25, 2000, respects this comdor and is the approved development plan. E. There shall be no unnecessary activities within the designated movement corridors from November 20 to December 15 and from April 1 to May 15 to facilitate wildlife movements through the corridors. Furthermore, because these corridors also represent critical winter range, unnecessary activities are also restricted from December IS to April 15 to maximize winter range use. To that end, Western ecosystems, Inc. October, 2~D Wildlife Management and Enhan• t Plan • Red Sky Ranch VGA commits to allowing no construction or recreational activities within the corridors, as defined herein (see Map ]), during the period from November 20 to May 15, dates inclusive. This specifically includes construction of the golf course path where it crosses the ridge corridor. F. With the exception of the proposed access road and a golf cart path across the ridge, it is VA's intention that there would be no other development associated with Red Sky Ranch that would occur within either wildlife movement comdor on the property. This includes incompatible structural and golf course developments. To that end, the CDOW and VA representatives shall conduct a site survey in spring-summer 2000 to define the precise boundaries of the ridge corridor in the field. With the results of that survey, VA and the CDOW shall determine what portions of the golf course, if any, occur within the movement corridor. If no portions of the golf course occur within the corridor there would be no golf course construction, maintenance, or play restrictions related to spring and fall big game migration. If golf course facilities other than the cart path are determined ro be within designated movement corridors, areas of encroachment would be subject to the construction, maintenance, and play restrictions discussed in Paragraph G, below. G. In the event that non-structural golf course facilities {i.e., tee boxes, fairways, greens, graded roughs, cart paths, utilities, etc.) occur within the designated movement comdor, as defined by the spring-summer 2000 field survey, the following development and use restrictions shall apply. 1. Construction for those golf-course facilities occurring within designated wildlife movement corridors is prohibited during the period from November 20 to May 15, dates inclusive. This includes spring and fall migration and the winter range period. 2. Legitimate golf course maintenance activities may occur on those golf course facilities within designated wildlife movement comdors. However, such activities from November 20 to December 15 and from April l to May 15, dates inclusive, shall be confined to daylight hours (defined as 8:00 AM to 5:00 PM, for both Mountain Standard and Mountain Daylight Savings Times), with the exception of emergencies, when big game are unlikely to be present. Golf course maintenance activities are also subject to other seasonal activity restrictions (see Sections 2.3 and 2.5, below). 3. Golf course play on those portions of the course located within designated wildlife movement comdors shall be restricted to daylight hours, as defined above, from November 20 to December 15 and from Apri11 to May 15, dates inclusive. H. Golf course maintenance travel is permitted through the ridge corridor year-round,. as long as that travel is confined to the proposed road over the ridge. Use of the cart path through the ridge movement corridor for legitimate golf course maintenance activities is restricted to daylight hours, as defined above, from November 20 to December I S and from April 1 to May 15, dates inclusive. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period (see Sections 2.3 and 25, below). I. Vegetative manipulation within the wildlife movement corridors, as defined herein, has been minimized by golf course development, and may be avoided altogether, depending on results of the spring-summer 2000 field survey. The local, minor, non-structural intrusion of golf course tee boxes, Western Ecosystems, Inc. t~tober, 2000 Wildlife Management and'Enhancen~ent Plan ~ Red Sky Ranch greens, portions of fairways, and rough grading into the corridor that might not be avoided, would result in the loss of some mountain shrub habitat, but would not otherwise compromise local corridor viability. Elsewhere on the ranch, manipulation of native habitats shall be avoided to the extent practicable. This will not only facilitate v~ildlife movements outside of corridors, but also maximize big game winter range values. J. Fencing shall be restricted on the golf course (see Fencing section, below). K. Consideration has been given to locating maintenance facilities and the clubhouses to maximize movement corridor width and habitat block size. Outdoor lighting associated with all golf course facilities (specifically the maintenance facilities, clubhouses, and ancillary facilities [e.g., parking lots]) shall be downcast using baffles to minimize fugitive lighting. L. To reduce human intrusion into movement corridors, it would be best if no trails were developed along or crossing the ridge or along the ridgeline of Jackson Ridge. Trails in these areas-could be compatible with wildlife use provided recommended seasonal' closures were 100% effective. However, without full compliance, these trails could become an attractive nuisance, reducing habitat effectiveness within and beyond sensitive habitats on Red Sky Ranch. 2.2 CLUBHO>.ISE AND MAINTENANCE FACILITY BUILDING ENVELOPS A. Golf-related structural development has avoided the wildlife movement corridors to eliminate . obstacles, reduce habitat loss, and increase habitat effectiveness. Structural golf facilities will be developed in tracts integrated into the golf course. No structures (e.g.,,golf course clubhouses, maintenance facilities, restrooms, etc.) shall occur outside the golf course tracts, with the exception of access roads, driveways, and utility and infrastructure construction. Consideration will be given to retaining existing, native vegetation for golf course landscaping. Disturbance areas outside of golf course landscaping should be revegetated as soon as practicable with native plant species. Construction activities shall implement Best Management Practices. 2.3 BIG GAME WINTER RANGE A. The entire 780-acre property is contained within a matrix of CDOW designated critical elk and deer winter range. Portions of the property and nearby properties also contain areas of winter concentration area and severe winter range. Therefore, while these important habitats could not be entirely avoided, impacts will be minimized and at least partly offset by implementation of the following measures. B. A large area of critical big game winter range will be avoided by the preservation of the ridge wildlife movement corridor. C. Although some existing, native habitats on the property will be fragmented and replaced by irrigated turf, the loss of native habitats will be minimized to the extent practicable by innovative course construction that minimizes grading and incorporates native habitat Features into course design. Western Rcosystems, Inc. October, 2000 Wildlife Management and Enhancement Plan ~ Red Sky Ranch Such design features will include (1) minimizing the loss of native vegetation, (2) locally incorporating undisturbed sagebrush stands or other habitat features into Eaicways as play over areas, as long as they will not increase play time, (3) salvaging and transplanting native shrubs and trees from graded areas back into the final courses, and (4) meanu fes listed below in Paragraph L. Non-native forage on the golf course will be extremely attractive to big gene during spring and fall transitional periods and during winter. Dog restrictions (see Section 2.7, below), seasonal closures within the movement corridors, and limiting winter activity associated with the golf course will further facilitate continued big game winter use. D. The golf course architect shall consult with the project biologist early in the course design process so that the architect can develop a better understanding of game damage on golf courses located on critical winter range and the need to minimize loss of native habitats. VA agrees to mitigate for lost , native habitat areas as further described in this agreement. E. To facilitate the big game winter range use, VA commits to allowing no construction or recreational activities within the golf course portions of the property kom December 15 to Apri115. Legitimate, periodic maintenance activities may be required during the winter period. However, such periodic maintenance activities shall be confined to daylight hotus, unless indoors, with the exception of emergencies. Use of the clubhouses, restaurant, and golf course maintenance facilities are allowed during the winter period, as long as activities are confined indoors. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period. F. Golf course maintenance personnel shall be prohibited from chasing, scaring, frightening, disturbing, or other forms of harassment in an attempt to coerce big game off the golf courses, driving ranges, and open space areas. This provision shall apply year-round. G. Dogs specifically trained to chase Canada geese, in accordance with U.S. Fish and Wildlife Service. policy, are an effective and allowable means of reducing nuisance goose use on the golf courses. Such use of trained dogs is permitted within the boundaries of the golf cotuses to displace geese as long as no big game are present. All other dogs are prohibited on the golf courses and at golf course facilities, as described in Section 2.7, below. H. Golf course management shall have the right to locally restrict wildlife kom golf course tees, greens, landscaping clumps, and other sensitive areas by using temporary fencing, ropes, flashing lights, and other passive means. Any fencing erected shall not restrict kee movement of wildlife, but shall be used in small, localized areas to help avoid possible problems. I. Snowmobile use on the property shall be restricted to "official" golf course maintenance personnel only. There shall be a good faith effort to minimize this "official" snowmobile use. Snowmobile use shall be limited to weekly inspection of protective fencing and/or other measures around tee boxes and greens, weekly inspection of restroom facilities, weekly geologic boring, monthly water well monitoring, and bonifide emergency maintenance situations. J. Since the golf courses and surrounding areas on the property represent big game winter range, winter recreational use of the 780-acre property, including, but not limited to, cross-country skiing, Western Ecosystems, Inc. October, 2D00 Wildlife Management and Enhan• t Plan ~ Red Sky Rauch snowshoeing, and other uses, shall not be promoted, marketed, or encouraged by VRDC For any organized activities. K. Historic sheep grazing ~~~ill be terminated on this property, potentially leaving additional standing Forage for wintering big game. L. Disturbed areas between fairways that are not retained in native habitat as golf course roughs will be planted with a seed min determined by the golf course architect/ superintendent to be desjrable four golf and determined by the CDOW to be attractive to big game. The rough mix used at Arrowhead Golf Course meets both criteria. Other beneficial seed mi.~es could also be developed with CDOW consultation. 'These areas will function as winter big game habitat. Golf course roughs shall be left long in the fall to provide additional winter forage. M. Golf course design will avoid and minimize disturbance to some native habitats, however, there will still be a net loss of designated critical big game winter range. Guiding Policy 1 of the County Master Plan (Page 61) is to "protect, maintain, and enhance critical wildlife habitat areas. Avoidance of critical wildlife habitat areas by development is the County's preferred approach. When avoidance is not feasible or conflicts with other County policies," development is required "to be so located, designed and used that the functions the critical habitat serves for each species are preserved..." This is usually accomplished via compensatory enhancement, where winter range impacts in one area are offset via habitat enhancement in adjacent areas. Phis works well in theory so long as there are adjacent habitats to enhance, however, there is still an inevitable net loss of habitat. In addition to compensation for winter range impacts, VA will also commit to mitigating impacted specialized habitat areas, such as wetlands and riparian areas. N. To compensate for the loss of winter range associated with golf course development, a one time voluntary contribution will be made to the Bellyache Ridge Wildlife Trust Fund (BRWTF). Interest and/or principal generated by this fund shall be spent only in Game Management Units 44, 45, 35, and/or 36 to benefit animals in the herd actually affected by habitat loss south of I-70 on Bellyache Ridge: Enhancement of undisturbed winter range, through fertilization, burning, shrub manipulation, etc., is an effective compensatory approach that can be implemented on-site and on adjacent properties to accommodate animals displaced from portions of the golf course. On-site mitigation generally has the highest efficacy, followed by mitigation or enhancement in adjacent areas. This approach should help maintain the functional value of the affected winter range and bring the golf course in compliance with the County Master Plan. O. The proposal before the County will result in the loss of native habitat designated as critical big game winter range. Compensation For the loss of such habitat shall be based upon the following factors: (1) the acreage of lost winter range, (2) the need to treat (via aerial fertilization) 1.37 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected, (3) current (1999) fertilization costs (presently at $60.00-65.00/ ac., depending on quantity), and (4) an interest rate of 5%. This formula results in a one-time payment of principal to mitigate the loss of winter range. 'The compensatory contribution(s) will be paid into the BRWTF and will be administered by the Bellyache Ridge Wildlife Committee (described below). Interest generated by this fund will be used for authorized wildlife enhancement projects in the Edwards-Wolcott-Eagle area. Compensatory payment shall be due within one month following County approval of the final plat (i.e., before Western Ecosystems, hoc. October, 2000 6 Wildlife Management and Enhan • t Plan ~ Red Slry Ranch groundbreaking), since it will take three years to generate enough interest for the first enhancement effort. P. The acreage of winter range values lost to golf course development shall be determined during good faith discussions between VA and the CDOW at the time the design of each golf course is finalized. Any impact acreage discrepancy between final drawings and that resulting from the completed golf course could be adjusted via an additional contribution or CDOW-authorized withdrawal from the fund. Affected vainter range requiring compensation is that acreage of native habitat disturbed by golf course terrain, cart paths, clubhouses, restaurants, maintenance facilities, parking lots, roads, and other ancillary structures and ground disturbance areas. Mitigation efforts should primarily focus on those animals affected by Bellyache Ridge developments, but if this is not possible, adjacent habitats and big game populations should be targeted. Q. The Bellyache Ridge Wildlife Committee, composed of representatives from the CDOW, Bureau of Land Management (BLM) and/or U.S. Forest Service (USES), and County, will authorize projects. Participation of the BLM and/or USES is requested because their adjacent lands maybe important for existing and future wildlife mitigation efforts. 'The committee will decide by consensus. on what, when, and how enhancement projects will be conducted. 2.4 ELK CALVING A. No elk calving per se presently occurs on Red Sky Ranch because of (1) unsuitable cover Cn sagebrush-grassland habitat), (2) chronic disturbances extending from the Bellyache Ridge Road, which bisects the site, and (3) domestic sheep grazing during the calving period, which displaces calving elk. However, calving grounds occur to the west and south of Red Sky Ranch that could be affected by proposed development. Furthermore, distal portions of several western course golf holes would i intrude into the mountain shrub habitat that is used by cows as foraging habitat during the calving period. The following measures shall be implemented to avoid and reduce potential impacts to calving and rearing habitats. B. Golf course terrain along the northwestern end of the western course has been moved back at least 50 yazds from the topographic break at the top of Jackson Ridge. Existing, native habitat within this zone shall remain undisturbed. This zone will preserve some foraging values that may be used by cows during the calving season, but is primarily intended as a buffer zone to keep disturbances well back from the edge of the ridge. This setback, the ridgeline, the dense, intervening Douglas-fir stand with a mountain shrub understory, and approximately 200 vertical feet of relief should provide an adequate buffer between the golf course and the calving that occurs in the aspen stand below Jackson Ridge. Prior to any golf course construction or habitat disturbance, the edge of this 50-yazd setback along the entire northwestern end of the western golf course (involving golf holes 5, 6, 7, and 1~ shall be delineated by plastic snow fence or silt fence to define the boundary of the disturbance zone. All m construction activity, ground and vegetative disturbance shall be excluded from this zone. This fencing shall be left in place until all golf course construction and landscaping is completed. Construction activities shall implement Best Management Practices. Western ecosystems, Inc. October, 2lX?0 Wildlife Management and Enhant Plan ~ Red Sky Ranch C. An additional 25-foot landscaping buffer will be established around the northwest end of the golf holes identified in Paragraph B, above. This zone will permit grading and subsequent landscaping with dense, shrubby vegetation to keep balls, players, and maintenance out of the undisturbed buffer zone. D. Cart paths will be kept to the fairway sides of western course golf holes 6, 7, and 1G greens and tee boxes to keep disturbances as far Erom the ridgeline as possible. E. Dogs and other pets on Red Sky Ranch shall be controlled according to provisions in Section 2.7, below. 2.5 SEASONAL USE RESTRICTIONS A. Inappropriate recreational use of the golf course and open space areas could further adversely affect continued wildlife use of the property and adjacent undeveloped areas. Because continued big game use of developed and undeveloped areas on the property' will generally be confined to the dusk to dawn periods year-round, and over a broader periods outside the golf season, it is most important to restrict incompatible or disruptive activities during these intervals. B. To preserve migration corridor viability through the property, VA commits to allowing no construction or recreational activities within the corridors during the periods from November 20 'through December 15 and from April 1 through May 15, dates inclusive. (Note that there is also a similar winter range restriction that applies to the period from December 15 through April 15, dates ' inclusive.) Furthermore, all construction activity outside of corridors during these periods shall be, confined to daylight hours, (defined in Section 2.1, Paragraph G, Subparagraph 2, above), excluding emergencies. Bonifide, periodic, golf course maintenance activities may be required during these migration periods. However, such maintenance activities shall be confined to daylight hours, unless indoors, with the exception of emergencies. Golf course construction-related travel is permitted through the ridge corridor year-round, as long as travel is confined to the proposed road over the ridge. C. To preserve big game winter range values on and adjacent to the property, VA' commits to allowing no golf course construction and any construction or recreational activities within the defined movement comdors (also winter range) during the period from December 15 through April 15, dates inclusive. (Note that there are also similar migration restrictions that apply to the periods from November 20 through December 15 and from April 1 through May 15, dates inclusive.) Furthermore, all construction activity outside of golf courses and movement corridors during these periods shall be confined to daylight hours, excluding emergencies. Bonifide, periodic, golf course maintenance activities maybe required during this winter range period. However, such maintenance activities shaA be confined to daylight hours (defined in Section 2.1, H, above), unless indoors, with the exception of emergencies. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period. Use of the clubhouses, restaurant, and golf course maintenance facilities are allowed during the winter period, as long as activities are confined indoors. Western ):cosystems, Inc. October, 2000 Wildlife Management and Enhan •t Plan • Red Sky Ranch 2.G ~ RECLAMATION/ LANDSCAPING A. Wildlife habitats disturbed by construction activities that are not revegetated as golf course play areas shall be reseeded or replanted with hose native plant species originally present whenever possible. Where future service access is required, trees can be excluded from buried or overhead utility corridors. Road shoulders, ditches, and cit and fill slopes may exclude trees and shrubs to maximize vertical and horizontal sight-distances and reduce the probability of road-killed wildlife. Posted speed limits within the overall property will be slow enough that road shoulders may be reseeded with plants palatable to big game without increasing the probability of road-kills. Road shoulders shall be reseeded with plants palatable to big game. B. The golf course architect and landscape planners will utilize plant species that are beneficial to wildlife. The CDOW will not be liable for wildlife damage to landscaping. 2.7 DOGS AND PET CONTROL A. There shall be~no dogs or cats permitted on the golf courses or at the golf course facilities, at any time, with the exception identified in Section 2.3, Paragraph G, above. B. Members, guests, the public, and employees shall be prohibited from bringing dogs or cats, or harboring them, on the property. ' C. Contractors, subcontractors, and delivery people shall be prohibited from bringing dogs onto the property, even if they intend to keep them within their vehicles. D. Golf course personnel shall be responsible for enforcing dog/cat restrictions. Stray dogs/cats may also be controlled by the County and CDOW. Such control may include the destruction of stray dogs under Colorado law. Persons'not in compliance with these dog/cat restrictions will be responsible for any and all costs incurred by the golf courses, County, and/or CDOW for enforcing these provisions. Should golf course personnel knowingly fail to enforce these dog/cat provisions, the County and/or CDOW may enforce the provisions and recover any and all costs incurred. If the golf course operators or authorized agent(s) knowingly fail to enforce the dog and pet provisions of this Plan, the golf course operators and/or the individuals responsible will be in violation and be fined according to the fine structure outlined. Penalties Eor first, second, and subsequent violations will be a warning, $200.00 fine, and a $500.00 fine. Non-payment of a fine or failure to remove the animals~(s) from the property, shall be considered a separate violation for each day that a violation continues after notice, and shall be enforced (i.e., fined) accordingly. However, golf course operators and authorized agents shall not be held responsible for stray dogs, cats, or other pets they can't catch, for pets that may pose a safety concern to course personnel, or for any animals originating off the 780 acre property. Golf course personnel shall not be responsible For controlling any stray pets Erom Bellyache Ridge that might enter the golf courses. E. Violation of the dog/cat policy shall result in .the immediate eviction of the animal and the animal's owner or representative from the golf course property. In the event of a second violation by the same animal and/or the same animal's owner, the animal and the animal's owner or representative shall be Western Ecosystems, Inc. October, 2000 • Red S Ranch Wildlife Management and Enhancement Plan ~ ~' immediately evicted from the golf course property, and the offending person in question shall be prohibited from the golf course property for the following seven ('~ consecutive calendar days. In the event of a third violation, the offending person in question shall be prohibited from the golf course property for the following six (G) consecutive calendar months. 2.8 FENCING A. Fencing wi;l be restricted throughout golf courses to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Decorative fencing not designed to allow for wildlife movements is prohibited. B. Any existing fences within the golf course portyon of the movement corridor that are not needed to confine domestic livestock on adjacent properties will be removed. Where peripheral fencing is required to exclude livestock, the proponent will work with the adjacent landowner, where that landowner is willing to cooperate, to install or modify fencing to be compatible with wildlife movements. C. Fencing to exclude horses and cattle on adjacent properties that is compatible with wildlife movements includes, but is not limited to, three-strand, smooth-wire (preferred) or barbed-wire fence, with strands located at 18, 30, and 42 inches above mean ground level,,with gates in the Eence that can be opened to further facilitate wildlife movements outside the period when livestock are present. If continuous wood rail Fencing is used to exclude horses and cattle, it should not exceed 42 inches in height and 12 inches in width (top view). There shall be an opening of at least 18 inches in the lower one-half of the wood Eence to allow passage of deer fawns and elk calves. These specifications for wooden rail fencing generally require atwo-rail design. Four-inch diameter rails/ slats are more compatible with wildlife movements than five-inch diameter material. D. Red Sky Ranch was historically part of an allotment grazed for several weeks each spring and fall by up~to 2,000 sheep. -Sheep grazing may continue on adjacent properties. To exclude sheep from Red Sky Ranch, some boundary fencing will be needed. Fencing recommended by the CDOW to exclude sheep while facilitating wildlife movements consists of a combination wooden rail/slat and woven wire design. The tops of the two wooden rails are located at 24 and 44 inches above mean ground level, respectively (assuming use of 4 inch diameter components). The area below the bottom rail is covered with woven wire. This design excludes sheep, but provides a 16-inch space between the lower and upper rails for deer fawns and elk calves to safely pass through. E. An acceptable alternative to the above permanent design to exclude sheep is a temporary electric fence that would be erected before the sheep are on adjacent lands and removed when sheep leave. Such fencing has been shown to be an effective and economical method of containing/ excluding livestock, including sheep. Electric fencing would be most compatible with wildlife use, but would require maintenance (installing and removing fencing around a long periphery once or twice each year) in perpetuity. F. Continuous buck & rail fencing is prohibited because it is not compatible with wildlife movements. However, discontinuous (e.g., decorative) buck & rail fencing may be used in local areas provided it Western Ecosystems, Inc. October, 2000 10 Wildlife Management and Enhan• nt Plan • Red Sky Ranch meets the. following specifications. (1) Buck & rail fencing is prohibited closer than 40 Eeet from the edge of the Bellyache Ridge Road and internal roads within the property. 'T'his space is the minimum required to prevent animals caught on the road side of the fence Erom panicking and attempting to run across the road in front of an oncoming vehicle. (2) Any buck & rail fencing along the Bellyache Ridge Road should be limited to the corners of entrance roads into the property and property corners. In each of these areas, such fencing shall not exceed a single linear span greater than 40 feet (or 80 feet, where t<?vo 40-foot spans are joined at a corner), with at least an effective 20 foot wide opening bet`veen Fencing spans. Any-fencing along both sides of the Bellyache Ridge Road shall have openings located opposite each other to facilitate safe wildlife crossing. (3) Within the property, spans of such fencing shall be < 40 feet in .length :ind there shall be a gap of at least 20 feet between any two spans of fencing to allow animals to move through the fence line. (4) Buck & rail fencing is prohibited within and ;Tong the wildlife movement corridors. (5) No fencing perpendicular to the Bellyache Ridge Road (i.e., oriented east west) is allowed between the Bellyache Ridge Road and Old Faithful Ridge. The north-south oriented golf course in this area may be used as a de facto movement corridor. (6) In the event that (in the opinion of the CDOW) fencing restricts wildlife movements or results in increased road mortality, VA will work with the CDOW to resolve the conflict. 2.9 BEARS/ TRASH REMOVAL/ NUISANCE WILDLIFE The Red Sky Ranch golf courses are located in high quality black bear habitat. Most bears do not cause damage where residential and other developments have encroached into bear habitat. The key is that if a bear doesn't. find food it will move on. Black bears are omnivorous an~ while they mostly eat vegetation, they will eat almost anything. Bears will eat human food, garbage, hummingbird nectar, birdseed, pet food, grease off grills, suntan lotion, etc. Garbage generally provides the greatest attraction for bears to residential developments. Once a bear has found an easily accessible, consistent food source, it will often overcome its wariness of people and visit the site regularly. This~increases the chance of a bear-human encounter. After repeated use of the food source, the bear may even act aggressively toward residents, their pets, or their unsuspecting neighbors. When this happens and wildlife authorities are notified, the bear is usually killed to protect human safety. The following measures will be required to reduce potential bear problems on the golf course: A. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), anywhere within the courses or at their ancillary facilities (.e., at food stands, restrooms, clubhouses, restaurants, maintenance facilities, at trailheads, etc.), unless it is contained within bear-proof containers which meet North American Bear Society, CDOW, or U.S. National Park Service specifications. Trash cans located along the golf courses are not required to be bear-proof because they will not contain refuse attractive to bears (usually just disposable water cups and golf baU boxes). However, these cans shall be emptied daily. B. There shall be no dumps or underground disposal of refuse associated with the golf courses. Buried garbage will attract bears. C. Bird feeders are known to attract bears to surrounding developments. For this reason, golf course management is discouraged from using bird feeders of any design {e.g., mixed seed, sunflower, thistle [niger], WesKem ecosystems, Inc. October, 2000 11 • Wildlife Management and Enhancement Plan • Red Sky Ranch suet, fivit, mealwocins, nectar {hummingbird], etc.) at golf course facilities fi-om April 1 to November I5, dates inclusive, die period of the year when bears are actively seeking food, unless the feeders and seed spillage from them are clearly inaccessible to bears. D. With the exception of bird feeders, as described above, the feeding, baiting, salting, or other means of attracting wildlife to golf course facilities is prohibited. E. All golf course construction office sites shall install and use certified bear-proof trash receptacles for any refuse associated with food or drink. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to properly handle and dispose of all materials that can attract bears. At no time will any refuse, that has. been associated with food or drink, be allowed to be available to any wildlife species. This regulation shall also apply to any and all work associated with the project as a whole (e.g. road construcpon, utility installation, etc. See Section 3.8, Paragraph K, below, for residential provisions). The first violation of this regulation will require a warning to golf course management and notification to tfiem of the penalties for subsequent violations. Golf course management shall then immediately correct the violation and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that cats attract bears. A second violation will cause ALL construction at the site (e.g., the golf course under construction) to cease with no further construction activity occurring fora 24hour period. A third violation will cause all construction activity to cease for five consecutive days. Each subsequent violation shall result in a doubling of the days that golf course conshuction•will be shut down. 2.10 HORSES Horses are prohibited on the golf courses during the period of big game winter range occupancy (December 15-April 15). Furthermore, it is prohibited for horses to be boarded, fenced, or grazed on the property. 2.11 WILDLIFE MORTALITY ON LOCAL ROADS A. The golf courses are accessed by the Bellyache Ridge Road, I-70, and Highway 6, where vehicles kill dozens of deer and elk each year. The posted speed limit on the former road is generally slow enough to avoid most wildlife mortality, however, residents, and particularly contractors, frequently exceed posted limits in some areas. Obeying posted speed limits would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. Contractors, employees, and guests should obey posted speed limits to avoid wildlife mortality on roads. B. Two deer crossing signs shall be located along the Bellyache Ridge Road between I-70 and the golf course entrance road advising motorists of the potential of wildlife on the road. One sign shall be located at an appropriate position at the bottom of the hill to warn uphill motorists, and the other shall be located at an appropriate position just below the eastern golf course access road to warn downhill motorists. Western lscosystems, Inc. October, 21100 12 Red Sky Ranch Wildlife Management end Enhancement Plan 2.12 WATER QUALITY The golf courses shall be designed and operated in accordance with the Environmental Principals for Golf Courses in the United States, as publj~hed by the Center Eor Resource Management, Salt Lake City, Utah. Best Management Practices to contain sediment and erosion on-site during construction and operation will be implemented. Disturbed areas will be promptly revegetated to reduce erosion. OE particular concern is insuring that sediment, chemicals, and runoff are contained on-site. Any sediment ponds should be properly engineered to control runoff. Furunculosis outbreaks, thought to be caused by runoff, have occurred in the Eagle River. 2.13 CDOW INDEMNIFICATION A. Golf course management shall indemnify the CDOW from any and all future wildlife damage claims. There will be damage to landscaping planted on big game winter range. 2.14 ENFORCEMENT If golf course operators or their authorized agent{s) fail to knowingly enforce the above provisions of the Red Sky Ranch Wildlife Mitigation and Enhancement Plan, the golf course operators and/or individuals responsible will be in violation and be fined according to the fine structure outlined in Section 2.7, Paragraph D, above. . 3.0 RED SKY RANCH -RESIDENTIAL COMPONENT This section of the Plan addresses the residential component of the overall 780-acre Red Sky Ranch project. Eighty-seven residential units are proposed, 67 east of the ridge and 20 to the west. The residential component includes all other areas of the property outside of golf course management and use, including, but not limited to, residential lots outside the golf course (defined above), roads, non-golf course open space, etc, as shown in Map 2. Many of the wildlife issues associated with residential development are similar to those assoaated with the golf course component. Background information on many of the issues addressed in this section may be found in similar golf course sections, above. In the event of conflicting guidelines, regulations, covenants, etc. within this Plan and/or between this Plan and PUD Guidelines, the most restrictive provisions shall apply. 3.1 HOME SITING Residences have been located outside of the wildlife movement corridors extending through the property. Home siting and design shall be compatible with continued wildlife use of the corridors and shall facilitate continued big game winter range use. Western Ecosystems, Inc. October, 2t~ 13 Red S Ranch Wildlife Management and Enhancement Plan kY 3.2 BUILDING ENVELOPES A. Building envelopes governing the locatipn and distribution of all structures (e.g., house, garage [iF detached], all fencing, dog runs, etc ), surrounding yards, and all disturbance to native vegetation, wiflm time possible exceptions of utilities, driveways, and individual sewage disposal systems (ISDS, where approved), shall be established on the Red Sky Ranch property to insure that development follows a design minimizing habitat losses and facilitating continued wildlife movements through, and use of, the property. Prior to any. ground disturbance, the building envelope shall be delineated by snow fencing or sediment fencing to contain and limit ground disturbance. B. No portion of the building envelopes shall encroach into the wildlife movement corridors, as defined herein. No vegetative manipulation will be permitted outside of designated building envelopes or within wildlife movement corridors, except where manipulation is required as part of a valid winter range enhancement program, as may be required to revegetate those areas disturbed by construction jeg., driveways, access and utility easements, ISDS, etc.), and for weed control. Outside of designated wildlife movement corridors and designated building envelopes, additional vegetative manipulation will only be permitted for valid fire management mitigation. The objective of these measures is to minimize the amount of natural habitat loss and maintain existing vegetation buffering visual and acoustic disturbances from sensitive adjacent habitats. Residential construction shall implement Best Management Practices. C. Homeowners will be educated (see Section 3.13, below) to appreciate and maintain the existing , vegetative community, particularly forested and shrubby areas, which provide critical cover and forage values. The area of fertilized, irrigated landscaping each residence is permitted to have will be restricted'to 5,000 square feet within the building envelope. Residents will also be educated to recognize that they have moved into wildlife habitat, that some wildlife will have strong compulsions to eat what homeowners plant, and that the CDOW will not be liable for wildlife damage to landscaping. 3.3 COMPENSATION. FOR LOST BIG GAME WINTER RANGE Critical big game winter range lost to residential development will be compensated via a one time voluntary contribution to the Bellyache Ridge Wildlife Trust Fund, as described in Section 2.3, Paragraphs N and O, above. Compensatory payment for the residential component of the project shall be due within one month following County approval of the final plat Compensation shall be based on the factors specified in Section 23, Paragraph O, above, with the exception that the total acreage affected shall be the sum of all designated building envelopes (i.e., 0.32 to 1.5 ac./ lot times 871ots = ± X ac ), regardless of how much of the building envelope is actually disturbed (this pardy accounts for indirect impacts), plus the total acreage of roads, driveways, trails, and other disturbances to native habitats that are not revegetated to native vegetation. The total acreage of winter range values lost to residential development shall be determined during good faith discussions between VA and the CDOW within one month following County approval of the final plat Western Ecosystems, Inc. t~tober, 2000 14 Wildlife Management and Enhancement Plan Red Sky Ranch 3.~ SEA~ONAL USE RESTItICI'IO1~1S Inappropriate construction v~d recr~tional use within wildlife movement corridors and big game winter range could adversely affect continued ~vildJife use of the property and adjacent undeveloped areas. From Novemb 20 through May l5 of each year, dates inclusive, all construction and recreational use within the wildlife tr~ovement corridors on the property shall be prohibited. 'T'his restriction does not prohibit the use of ea-istin~ driveways and access roads within the ridge corridor. A similar use restriction also applies to the golf course (see Section 2.Q above). Furthermore, during the above period, no recreational use outside of building Ertvelopes, driveways, and access roads on the property is permitted between dusk and dawn, the nocturna~ period when big game .tre most likely to use the property. Use of the cart path through the ridge movement corridor is prohibited during the winter range occupancy period. 3.5 RECLAMATION/ LANDSCAPING A. Wildlife habitats disturbed by construction activity outside of building envelopes shall be reseeded or replantedlwith those native plant species originally present. Where service access is required, trees can be excluded from buried or overhead utility corridors. Driveway shoulders may exclude trees and shrubs to maximize vertical and horizontal sight-distances and reduce the probability ofroad-killed wildlife. Posted speed lirnits within the 780-acre properties will be slow enough that road shoulders could be reseeded ,with plants pall~atable to big game without increasing the probability ofroad-kills. Road shoulders shall be reseeded lavith plants palatable to big game. B. Hom owners are strongly encouraged to landscape with native plant species to minimize wildlife damage. The CDOW will not be liable for wildlife damage to landscaping. 3.G DOGS AND PET CONTROL A. Each presidential lot will be permitted to have up to two dogs, two cats, and their offspring up to three months dld. Residents will be prohibited kom harboring dogs on their property unless they have adequate outdoor facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Even if dogs are to be kept indoors at all times, an adequate outdoor facility must be provided, because at some point it is sufCciently likely tha a dog will be left unleashed outdoors. Enclosed runs must be located immediately adjacent to t)<re home, wi~hirt the lot's building envelope, and shall not exceed 1,000 square feet. Those lots abutting or located adjacent to the wildlife movement corridor along the ridge shall have kennels located on die opposite side of the home from the corridor. Homeowners are encouraged to completely enclose runs (includin tops}to protect dogs from possible mountain lion predation. If facilities are inadequate to contain tl~e resident's dog(s), the animals will be immediately removed from the property until adequate structured, can be built. Cats shall be kept indoors. B. At no time shall dogs or cats be allowed to run freely. When dogs are outside of the home and outdoor facility, as ~, described above, the dog must be controlled by a leash of no more than 12 Feet in length, under the direct'Icontrol of its owner or authorized representative, unless the dog is legitimately being trained for hunting. iVisitors and guests of residents shall comply with all dog and pet control measures applicable to this 780-acre property. Western Ecbsvstems. Inc. October, 2000 IS • i Wildlife M~iaaement and Enhancement Plan Red Sky Ranch C. The I omeowners Association shall be responsible for enforcing dog and pet covenants. The County and CD W may also control stray dogs. Homeowner not in compliance with theme dog and pet restrictiorns shall be responsible for any and all costs incurred by the Homeowners Association, County, and/or CDOW for enforcing these provisjons. Should the Homeowners Association knowingly fail to enforce these dog covenants, the County and/or CROW may enforce the dog covenants and recover any and all costs incurred. Association penalties for first, second, and subsequent violations by a homeowner or guest will ~be a warning, $200.00 fine, and a $500.00 fine. At any time after the first offense and warning that the dog obvner fails to comply, the Association may request removal of the dog from the property. Non- paymentbf afire or failure to remove the dog(s) from the property, shall be considered a separate violation.. for each c~ay that a violation continues after notice, and shall be enforced (i.e., fined) accordingly. D. Contractors, subcontractors, guests (od~er than those of homeowners), delivery people, etc. shall be prohibited from bringing dogs onto the Red Sky Ranch properly, even if dogs would be kept inside vehicles. Violation of the dog policy by a person(s) other than a resident or permanent member of Red Sky Ranch residential area may result in the immediate eviction of the dog and the dog's owner or representative from the property. In the event of a second violation by the same dog and/or the same dog's owner, the dog and die dog's owner or representative maybe immediately evicted from the property, and the offending person in question shall be prohibited from the Red Sky Ranch property for the following seven ('7) consecutive calendar days. In the event of a third violation, the offending person in question shall be prohibited from the Red Sly Ranch property for the following six (G) consecutive calendar months. E. Residents and employees of Red Sky Ranch will be educated (see Section 3.13, below) regarding the-dog and pet policy for this property. Homeowners will be educated that they should not feed dogs and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. ' 3.7 FEN I ING A. Residential fencing will be restricted to building envelopes on residential lots to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval will be under the purview of the Design Review Board or Homeowners Association. There shall be no fencing of perimeter lot lines or of the building envelope perimeter. Decorative fencing not designed to allow for wildlife movements is prohibited. B. Any existing fences within the portion of the movement comdors on the property that are not needed to confin~ domestic livestock on adjacent properties will be removed. Where peripheral fencing is required to exclude livestock, VA or the Homeowners Association will work with the adjacent landowner, where that landowner is willing to cooperate, to install or modify fencing to be compatible with wildlife movements. C. Fencing to exclude horses and cattle on adjacent properties that is compatible with wildlife movements includes, but is not limited to, three-strand, smooth-wire (prefeered) or barbed-wire fence, with strands located at 18, 30, and 42 inches above mean ground level, with gates in the fence that can be opened to further facilitate wildlife movements outside the period when livestock are present. If continuous wood rail fencing is Mused to exclude horses and cattle, it should not exceed 42 inches in height and 12 inches in width (top view . There shall be an opening of at least 18 inches in the lower one-half of the wood fence to allow passage o~ deer fawns and elk calves. These specifications for wooden rail fencing generally require a two- Western Ecosystems, Inc. October, X001) l6 • • Wildlife M',anagement and Enhanc~~ncn~ flan Red Sky Ranch rail desi .Four-inch diameter rids/ slats are more compatible with wildlife movements than five-inch diameter material. D. Red sky ranch was historically part of aka allotment gazed for several weeks each spring and fall by up to 2,000 sheep. Sheep grazing may continue on adjacent properties. To exclude sheep from Red Sky ranch, some boundary fencing will be needed. Fencing recommended by the CDOW to exclude sheep while facilitatingwildlife movementti consists of a combination wooden rail/slat and woven wire design. The tops of the twp wooden rails are located at 24 and 44 inches above min ground level, respectively (assuming use of 4 inchldiameter components). 'The area below the bottom rail is covered with woven wire. 'This design excludes beep, but provides a 16-inch space between the lower and upper rails for deer fawns and elk calves to safely Mass through. E. An acceptable alternative to the above permanent design to e~:clude sheep is a temporary electric fence that would be erected before the sheep are on adjacent lands and removed when sheep leave. Such fencing has been shown to be an effective and economical method of containing/ excluding livestock, including sheep. l~lectric fencing would be most compatible with wildlife use, but would require maintenance (installing and removing fencing around a long periphery once or twice each year) in perpetuity. F. Contiguous buck & rail fencing is prohibited because it is not compatible with wildlife movements. Howeve>t, discontinuous (e.g., decorative) buck & rail fencing may be used in local areas provided it meets the following specifications. (1) Buck & rail fencing is prohibited closer than 40 feet from the edge of the Bellyached Ridge Road and internal roads within the property. 'This space is the minimum required to prevent animals Caught on the road side of the fence from panicking and attempting to run across the road in front of an oncoming vehicle. (2) Any buck & rail fencing along the Bellyache Ridge Road should be limited tq the comers of entrance roads into the property and property corners. In each of these areas, such fen ' g shall not exceed a single linear span greater than 40 feet (or 80 feet, where two 40-foot spans are join at a comer), with at least an effective 20 foot wide opening between fencing spans. Any fencing along bo sides of the Bellyache Ridge Road shall have openings located opposite each other to facilitate safe wil fe crossing (3) Within the property, spans of such fencing shall be 540 feet in length and there shall be a gap of at least 20 feet between any two spans of fencing to allow animals to move through the fence line. (4) Buck & rail fencing is prohibited within and along the wildlife movement comdors. (~ No fencing perpendicular to the Bellyache Ridge Road (i.e., oriented east west) is allowed between the Bellyache Ridge Road and Old Faithful Ridge. The north-south oriented golf course in this area may be used as a de facto movement corridor. (~ In the event that (tn the opinion of the CDOW) fencing restricts wildlife movements or results in increased road mortality, VA will work wilfi the CDOIW to resolve the conflict G. Homeeowners will be permitted a privary fence to enclose up to 5,000 square feet, provided it is immediaxely adjacent to the house and it is entirely within the designated disturbance envelope, unless specifically approved by the Homeowners Association. Fencing may be subject to more restrictiee provisions as stated in the Protective Covenants, Design Guidelines, or other documents related to the property. Western Ecosystems, Lic. ~t~, 2000 17 Red Sky Ranch Wildlife Management and Enhancement Plan 3.8 BEADS/'T'RASH REMOVAL/ NUISANCE \Y~ILDLIFE Red Sky R~trtch residences are located in high quality black bear habitat. Most bears do not cause damage where residential and other deeelopments have encroached into bear habitat. The key is that if a bear doesn't finjd food it will move on. Black bears arc omnivorous and while they mostly eat vegetation, they will eat almost anything. Bears will eat human food, garbage, hummingbird nectar, birdseed, pet food, grease off grills, suntan lotion, etc. Garbage generally provides the greatest attraction for bears to residential "developments. Once a bear has found an easily accessible, consistent food source, it will often overcome its wariness of people and visit the site regularly. This increases the chance of a bear-human encounter. After repeated use of the food source, the bear may even act aggressively toward residents, their pets, or their unsuspecting neighbors. When this happens and wildlife authorities are notified, the bear is usually killed to protect human safety. The follovk~ing measures will be required to reduce potential bear problems at residences: A. Home)'owners will be educated about bears and other local wildlife via the CDOW's brochure entitled "Livingw~th Wildlife in Bear Country",and/or a homeowners' brochure that might be developed for the property. One ,copy of either brochure shall be provided to all prospective residents and to all residents at closing. ')d'he bear brochure is also available on the CDOW's website: www.dnr.state.co.us/wildlife/Education /coexisting_avith_wildlife/firm. B. There shall be no outside storage of any trash or garbage, no matter how briefly (eg, overnight), at ariy residence within the development, unless it is contained within commercial-size, bear-proof containers,, which meta North American Bear Society, CDOW, or U.S. National Park Service specifications, or are of a custom design approved by the CROW. Individual residential containers ace nonmobile and are generally cemented) on a stand at the junction of a resident's driveway and the local road. Most homeowners need at least two containers, where trash collection is weekly. Each home shall have and use a sufficient number of bear-proq'f containers for the amount of trash normally produced between trash collections. Refuse should not be st ~ ed within homes, garages, or sheds because bears may break into these structures. Bags of refuse that migh~attract bears should be taken from the home directly to the bear-proof containers. C. The fdrmer, acceptable method of trash handling and disposal has been determined by the CROW to be suffici~rttly ineffective to now require the use of bear-proof containers. Formerly, before disposal, it was acceptably to keep any refuse that might attract bears within the garage in a suitable receptacle with a tight fitting lid.' Temporarily keeping refuse within detached garages or sheds was discouraged because tlzese structures were more likely to be broken into by bears. Trash containers were to be taken to the collection points (e.g., the end of driveways) the morning of collection, not the night before. However, following these recdmmendations did not eliminate bear problems, particularly during years in which mast crops {.e., atoms and bemes) failed. Some complacent homeowners put out trash the night before collection and bears ate the edibles, scattering trash all over. Other homeowners properly kept trash containers within attached garages, but left garage doors open. Bears that ate trash in open garages returned. When some bears returned and found the garage doors closed, then clawed and chewed their way through the garage door to a~cess the trash. Bear-proof containers are now considered the only secure and acceptable approach'I to garbage disposal. Western Ecosystems, inc. ~0~~ 2000 18 Wildlife Mginagement and Enhancement Plan Red Sky Ranch Dt There shall be no dumps or underground disposal of refuse on residential lots. Buried garbage will attract bears. E. Resid'~nts will be prohibited kom using garden compost pile, unless the compost pile is bear-proof, meeting ]North American Bear Society, CROW, or U.S. National Park Service specifications. Residents will also be educated (see Section 2.13, below) that household and garden waste contributions to compost piles compose the materials that can attract bears and create problems. Composted yard waste consisting of leaves, grass, small branches, etc. does not usually attract bears. F. Pets s~all-not be Eed outside. Bowls of pet food left on the back deck mayattract bears and other predatory (eg., coyotes} and nuisance species (eg., skunks) of wildlife. Some of these wildlife species may carry diseiase that can be transmitted to pets, which maybe fatal to pets and humans. ' G. Bird ~eeders are known to attract bears to surrounding developments. For this reason, residents are disco d from using bird feeders of any design (e.g, mixed seed, sunflower, thisfle [niger], suet, fruit, mealwuo ~ns, nectar [hummingbird], etc.) from April l to November 15, dates inclusive, the period of the year when bears are actively seeking food, unless the feeders and seed spillage from them are clearly inaccessible to bears. H. With the exception of bird feeders, as described above, the feeding baiting, salting, or other means of attracting wildlife is prohibited. ' I. The planting of fiuit/ nut bearing trees or bushes within building envelopes is discouraged because bears will be atiicacted to these plants in close proximity to homes. If flowering trees are desirable, consult with your landscape nursery to select a sterile variety that produces flowers, but no fruit. J. Residents in violaation of these bear provisions shall be fined according to the fine structure outlined in Section 3~6, Paragraph C, above. K. All residential construction sites shall install and.use certified bear-proof trash receptacles for any refuse associate with food or drink. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to propeily handle and dispose of all materials that can attract bears At no time will any refuse, that has been associated with food or drink, be allowed to be available to any wildlife species. This regulation shall also apply to y and all work associated with the project as a whole (e.g road construction, golf course construc~on, utility installation, etc ). The first violation of this regulation will require a warning to the prime contractoz and notification of the penalties for subsequent violations. The prime contractor shall then immediately correct the violation and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that can attract bears. A second violation will cause ALL construction at the site (e.g., the home under construction) to cease with no further construction activity occurrin fora 24hour period. A third violation will cause all construction activity to cease for Eve consecu~ve days. Each subsequent violation shall result in a doubling of the days that construction at that home wild be shut down. Western Ecpsyslems, lnc. October, 2~0 19 Wildlife Manaeement and Enhancement Plan • Red Slry Ranch 3.9 MOU~1'TAIN LIONS Mountain ,lions are occasionally present year-round in the vicinity of Red Sky R~trtch, but may be more common From fall through spring when large numbers of deer and elk (prey species) are wintering and fawning/ halving at lower elevations. In other areas of Colorado, where subdivisions have encroached upon mountain jion habitat containing high concentrations of prey species, encounters between lions, humans, and their pets and livestock have increased. The following measures wiU be implemented to minimize lion- human conflicts: A. All res~!dents and prospective residents will receive a copy of the CDOW s brochure entitled "Livingwith Wildlife iniMountaitt Lion Country" and/or a homeowners' brochure that might be developed for the property containing a lengthy section ea-plaining that the property is located in lion country, what residents should be aware of, what to do if a close encounter occurs, and measures they can take to increase lfieir safety and ithat of their pets. One copy of either brochure shall be provided to all prospective residents and to all residents at closing. The lion brochure is also available on the CDOW's website at , w~vw.dnr.state.co.us/wildlife/Education/coexisting_with wildlife/htm. B. With tlpe exception of bird feeders, as described in Section 3.8, Paragraph G above, the feeding, baiting, salting, or tither means of attracting wildlife is prohibited. 3.10 HORSES It is prohibited for horses to be boarded, fenced, or grazed on residential lots within the Red Sky Ranch property. Furthermore, horses are prohibited within the 780-acre property during the period of big game winter range occupancy (December 15-Apri115). This provision is not intended to preclude equestrian transport through the property by adjacent property owners. 3.11 WILDLIFE MORTALITY ON LOCAL ROADS A. Red Sky Ranch residences are accessed by the Bellyache Ridge Road, I-70, and Highway 6, where vehicles kill dozens of deer and elk each year. The posted speed limit on the former road is generally slow enough to void most wildlife mortality, however, residents, and particularly contractors, frequently exceed posted limas in some areas. Obeying posted speed limits would not only reduce wildlife mortality, but would also'reduce the risks of damage to personal property and injury to motorists. Residents and their contractors, employees, and guests should obey posted speed limits to avoid wildlife mortality on roads. B. Two d er crossing signs shall be located along the Bellyache Ridge Road between I-70 and the eastern golf cours~ entrance road advising motorists of the potential of wildlife on the road. One sign shall be located at art appropriate position at the bottom of the hill to warn uphill motorists, and the offer shall be~ located at an appropriate position just below the golf course access road to warn downhill motorists. Western L'cosystcros, lnc. October, 2000 ao • Wildlife Management and )enhancement Plan Red Sky Ranch 3.1~ CDCJW INDEMNIFICATION Residents f Red Sky Ranch shall indemnify the CDOW Erom any and all future wildlife damage claims. There will~be damage to landscaping plantecj, on big game winter range. 3.13 EDL~ICATION Red Sky Ranch residents will have purchased home sites partly because of the natural setting and the wildlife it contains' These homeowners may be unfamiliar with the wildlife of Colorado and its mountains and the responsibility that goes with living in this setting. Homeowners generally don't want to disturb, harass, or impact wil~3life, but they often unwittingly do. Homeowners will be educated about local wildlife issues by, providing jeach prospective resident a signed copy of this Plan with initial contract documents and providing each resident a signed copy of this agreement and the CDO~X/ bear and mountain lion brochures at the time of closing Both brochures are available on the CDOW's website: w~avw.dnr.state.co.us /wildlife/Education /coexisting_with_wildlife/htm. 3.14 ENFORCEMENT If the Homeowners Association or their authorized agent(s) fail to knowingly enforce the residential provisions (.e., Section 3.0) of the Red Sky Ranch Wildlife Mitigation and Enhancement Plan, the Homeowners Association and/or individuals responsible will be in violation and be fined according to the fine structure outlined in Section 3.6, Paragraph C, above. 4.0 ADDITIONAL COMMITMENTS The wildlife provisions, as set forth above in this Plan, shall not be amended without tfie written consent of ~e County, golf course management, and any Homeowners Association. Prior to any amendments, the CDOW shall be notified and offered an opportunity to review and comment. The CDOW and/or County can also er4force this entire Wildlife Mitigation and Enhancement Plan. This Plan, composed of golf course and restd ttal components, will be effective in phases upon Eagle-County approval of a final plat for each development phase of the Red Sky Ranch PUD. This plan will be effective immediately upon Preliminary Plan approval for the portion of the property east of Old Faithful Ridge and, for the portion of the property west of Old Faithful Ridge, upon the approval of the first final plat For that area. In the event that the Red Sky Ranch PUD is not approved and implemented, VA shall not be required to implement the respective component(s) of this Plan. It is the intention of VA that with development of the golf course and residential components on this property, this Wildlife Mitigation and Enhancement Plan shall run with the land. western F.co~ystems, dnc. October, 2000 21 Wildlife Management and Enhancen-ent Plan ~ ited Sky Ranch Map 1. Wildlife constraints on and adjacent to the 780 acre Red Sky Ranch property. This map illustrates current; unaltered, CDOW Wildlife Resource Information System seasonal wildlife ranges on and itnmediately adjacent to Red Sky Ranch. Wildlife movement comdor boundaries were derived from Bill Heicher's June 21,1995,1:24,000 CDOW-recommended wildlife movement corridor map, rather than the dimensionless movement comdor centerlines illustrated on CDOW WRIS maps. Exact boundaries of the ridge comdor bisecting the property may be modified as a result of a spring- summer 2000 site survey. During that survey represenralroes of the CDOW and VA would more accurately define corridor boundaries in the field. The map also displays local, occupied, elk calving and calfwrearing habitats based on intensive field stuveys conducted during the 1994-99 calving seasons. Map on following page. Western Ecosystems, Inc. ~~. 2~ 23 Map 1-Wildlife Wildlife Management and Enhancement Plan Red Sky Ranch Map 2. Proposed Red Sky Ranch residential and ,golf course development plan. Map on following p~• Western Ecosystems, inc. October, 2000 24 ~~ ~ ~ ~ ~ ~ i ~ =r4p,..~ ~ ~ ._ - ~ i_. ... ~ ~ A~ - +,_ 1 ~ 4 -,~-~- ~ ~:; ~ _ _ e ,~ ,_, 16 \ 3 '~' I ~1 ~ ~~ ~ r -- ~` ,- •` t. ~•:~ 7 ~ ~ t ~ ~~ ~ _ ~~ 6 \ ra-* F ~ ~ Pa ~'° ~ ~' ~ , ~h ;.:`. _ i 1 a'\ ~~'~` ~1 ~~ l'~ f ~~; ~~ j ... 1~ A~. '~~• - .{ - ~~1 is 1,~ ,~' ~ ~,~ ~ ~, y~ ~ ~ ~~ ;.t • ,~~ ~~,~~~n~ 1 ~. _ , C H" ~~~~ffi~ A.aTes °Jo Resid~tial ~07b Z6% Goff Course 742 60% OpenSpa~ 63.7 8% Road RO.W. 41.9 6% 10TpL78G9 100% ~~.~.~ l-.~ .,, ~nutllr~I~~. ~~i~il Associates, lnc. -, ;- - By: ' _ I~la~ne, T~ of Authorized Repr~entaave ~r t s 1 d c w't `Nlarf'I+a I~e~,„, Sr• U;cc Acc:c~ted and agreed to this ,~ d~»' c~1 _n~ e o.., ti { r • '?0()~. 5.0 LITERATURE CITED Thompson, R.W. 1999. Critical wildlife analysis and wildlife enhancement and mitigation'plan for the Ske~h Plan of the Red Sky Rands PUD Applic~ion to Eagle County, Colorado. Western I, Ecosystems, Inc. 45 pp. Wes~an Bcosys~cros, Inc. (ktutxr. 2UU~)