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HomeMy WebLinkAboutR98-065 Diemoz River Ranch PUD N Commissioner 1 � .a O.P,c moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9E. - IN RE THE MATTER OF THE APPLICATION OF Oscar and Vivian Diemoz For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the Diemoz River Ranch PLANNED UNIT DEVELOPMENT FILE NO: PDP -00007 ix3 FILE NO: ZC -00022 WHEREAS, on or about March 1, 1998 , the County of Eagle, State of Colorado, accepted for filing an application submitted by Oscar and Vivian Diemoz (hereinafter "Applicant ") for approval of a Zone District Amendment and the Planned Unit Development - Preliminary Plan for the Diemoz River Ranch Planned Unit Development, File No. PDP- 00007 for the parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan as described in a booklet titled Diemoz Property Planned Unit Development, Preliminary Plan, dated January 28, 1998, and a Diemoz Ranch Subdivision Preliminary Plat prepared by Survco, Inc. dated January 30, 1998 , and received by Eagle County Department of Community Development on or about March 1, 1998 , and approved by the Board of County Commissioners (hereinafter "the Board ") on April 27, 1998 ; and as further described in the _ Diemoz River Ranch Planned Unit Development, PUD Guide, dated March 1, 1998 , and received by Eagle County Department of Community Development on or about March 15, 1998, and approved by the Board on April 27, 1998 ; and WHEREAS, a public hearings was held by the Board on April 27, 1998 , and 1 111111 11111 1111111 III 111111111111 11111111 ILII 1111 1111 659578 06/12/1998 05:03P 370 Sara Fisher 1 of 28 R 0.00 D 0.00 N 0.00 Eagle CO • • WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Roaring Fork Regional Planning Commission, and comments from all interested parties, the Board finds as follows: Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. Pursuant to Section 2.14.04(1) of the Eagle County Land Use Regulations (Zone District Amendments): a) That the rezoning is consistent with the Master Plan and that the area in question possesses the geological, physical and other environmental conditions compatible with the characteristics of the use requested and that the advantages of the use requested outweigh the disadvantages; and b) Conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought; and c) That at least one of the following criteria is met: (1) That the area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed rezoning is necessary in order to provide land for a demonstrated community need. The Roaring Fork Regional Planning Commission and County Commissioners have considered the following in their review of the Preliminary Plan: (1) Adequacy of Final Environmental Impact Statement (not required); (2) Any information requested or required by the County Commissioners upon approving the Sketch Plan; (3) Application for appropriate zone change; (4) The PUD control document. This document formally establishes the permitted land uses and must be filed with the Clerk and Recorder. Page 2 of 5 • The Roaring Fork Regional Planning Commission and County Commissioners have also considered the following in their review of the Preliminary Plan: (1) Conformance to the Sketch Plan and any information requested or required by the County Commissioners upon approving the Sketch Plan. (2) Review of the Preliminary Plan to determine whether the proposed subdivision conforms to these and other applicable regulations, policies and guidelines. (3) Review of reports on file and others as available pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas and shall c'nsider the guidelines and recommendations as prepared by the appropriate agency, to mitigate hazards and to protect resources. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Diemoz River Ranch Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of 4 dwelling units, each with its own accessory dwelling unit. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Diemoz River Ranch Planned Unit Development PUD Guide, dated March 1. 1998 , attached as Exhibit B. The conditions which must be met prior to Final Plat approval are as follows: 1. A plat note shall be included on the final plat that states that the private roads do not meet county standards and the roads shall not be accepted by the County until and unless they are constructed to meet that standard. 2. A plat note shall be included on the final plat that all septic systems (ISDS) shall be site - specific engineered systems that meet requirements as may be established by the Eagle County Department of Environmental Health. 3. A plat note shall be included on the final plat that states that a site - specific soils study shall be required prior to issuance of a building permit prepared by a qualified soils engineer. 4. A plat note shall be included on the final plat that states that each building permit application shall be accompanied by an erosion and sediment control plan. Page 3 of 5 ! • 5. The proposed 40'x 10' pull -off and turn- around for the three -lot cluster that meets the design guidelines of the fire department shall be shown, or a letter from the Fire District waiving this requirement shall be submitted. 6. Where the high water mark of the River is outside the property, a 5' fishing easement shall be within the property and parallel to the property line. Where the high water mark is within the property, it shall extend to 5' inside the high water mark. Facilities shall also be provided that allow the public to safely cross any fencing. 7. All drainage improvements recommended in a Final Drainage Study shall be submitted prior to the Final Plat. 8. The building envelopes for Lots 2 & 4 shall be adjusted so that there is a 50' offset from the high water mark. Also, the building envelope for Lot 3 shall be realigned so that the southeast corner is out of the 100 -year floodplain. 9. Letters of agreement shall be submitted indicating that the proposed relocation of utilities is acceptable to the affected service providers. 10. A grading plan and map shall be submitted with the final plat that includes erosion and sediment control. 11. All requirements of the County Surveyor as set forth in that letter dated March 30, 1998 shall be met. The Vicinity Map shall be of the same orientation as the primary map. 12. A water court- approved augmentation plan shall be provided with Final Plat submittal. THAT, the Diemoz River Ranch Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24 -68 -101, et seq. THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official Zone District Map and record the change in the Office of the Eagle County Clerk and Recorder. and declares that this Resolution is necessary Board further finds, determines an ary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. Page4of5 . • • MOVED, READ, AND ADOPTED by the Board of County Commissioners of the I County of Eagle, State of Colorado, at its meeting held the llth day of May , 1998, nunc pro tunc the 27th day of April , 1998. 0 1 SAG COUNTY COUNTY OF EAGLE, STATE OF w , i1 ; `‘% COLORADO, by and Through Its ATTEST: * : ." : "I BOARD OF COUNTY COMMISSIONERS * C OOP AD BY: �. gir-DA,,,__0,....,LareAW ........_ Sara J. Fisher • • es E. Johnson r., Chairman Clerk of the Board of County Commissioners i, BY: , /. L_' George • / ates, Commissioner / „--r • B L` — / ohnnette Phillips, Commissioner Commissioner 6, seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. o This Resolution passed by _0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 5 of 5 1 • EXHIBIT 'A" .._ _ . A TRACT OF LAND SITUATED IN TRACT 53 0$ TO40011411 6 9OUTE, RANGE 67 1.768T U 1111 nn L$ *UM MORO PASTIONOLY DESCRIES AS . . 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SO OBOASES 4 t3 mzmutim 33 SECONDS R. 195$.06 FEET ALONG SA4TD EAST LIME To _'... ..Tam Tan SIO2NT OF BEGINNING, COUNTY' OP EAGLE, STATE OP ‘ . \.:. OLotoO. . . . .., - ViciOPT tams pomrions. DEEDED TO THE COUNTY OF EAGLE IN QUI cloArm osso,mscompso mucm 26, 2176 fl BOOK 24S AT PAGE 496, AM 1 III QUU CLAIM DEED sseoMomo MAY 27, 1987 IN BOOS 453 AT PAGS 147, MD IN wile CLAIM DID RECORDED NAY 27, 1967 rm 0K 463 AT PAM 349, AND ExCSIPT ANY PORTION LYING WITHIN TEE RIONT OF WAY POR TEE DENVER AND RIO GRANDE WESTERN RAILROAD AND COUNTY ROAD S-9 ALSO , MOWN AS HOOX' 5 SPUR mom?. 1110 EXHIBIT "B" fb Diemoz River Ranch planned unit development guide preliminary plan submittal march 1, 1998 • • I . PURPOSE/GENERAL PROVISIONS A. PURPOSE This PUD Guide sets forth land uses and development in the unincorporated area of the County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted therein and accessory buildings and uses; and provides additional supplementary regulations. Diemoz River Ranch is a 46 acre parcel of land suitable for creation of 4 single family homes with caretaker units. This parcel of land will preserve 38 acres of common agriculture open space which, in turn, will aid in the protection of the environment. B . GENERAL PROVISIONS 1. Control Over Use After the effective date of approval of this PUD Guide: a. Any new building or other structure, and any parcel of land, may be used; and b. The use of any existing building, other structure or parcel of land may be changed or extended; and 2. Control Over Location and Bulk After the effective date of this PUD Guide the location and bulk of all building and other structures, existing and future shall be in conformity with: a. All standards and requirements set forth or referred to in the standards and requirements for the area in which such buildings and other structures are located; and b. Any other applicable standards and requirements of this PUD Guide and the Declaration of Protective Covenants and Design Guidelines for the single - family home sites and caretaker units. 3 . Incorporation of Development Plan The plan of development for Diemoz River Ranch including the location and boundaries of planning areas, the use, the circulation elements and the densities established by the PUD Guide, are shown upon the Diemoz River Ranch Plat. The Plat Plan is hereby incorporated by reference into this 1 • 1 Development Guide together with everything shown thereon and all amendments thereto. 4. Design Review Guidelines Diemoz River Ranch PUD Guide contains broad design guidelines for each of the planning areas. Said design guidelines are intended to supplement and complement Eagle County's Building Ordinances. Where any conflict may occur, the most restrictive provisions shall govern. Eagle Gunty shall administer provisions of the PUD Guide. The Design Review committee will administer the Design Review Process. 5. Planning Area Boundaries All Planning Area boundaries shall be shown on the Diemoz River Ranch Plat . The size of any planning area may increase or decrease after final determination by the developer during the final subdivision process with the approval of the Director of Community Development and without any amendment to this PUD Guide. 6. Horses and Other Livestock The Common Area shall be used for livestock grazing. No animals shall be allowed to run loose or unreasonably bother or constitute a nuisance to others. Initially, the only livestock which shall be allowed in the Subdivision shall be horse and cattle. Lot owners shall be entitled to own no more than 2 such animals per each Lot owned, which animals shall be housed in the structure to be erected upon the Common Area for this purpose and shall graze only on the Common Area. Dogs will be allowed if kenneled, no more than 2 dogs per lot. 7. Wildlife Mitigation Measures Various recommendations of Wildlife Mitigation have been incorporated in the Diemoz River Ranch Design Guidelines. Each property owner will receive the Wildlife Mitigation upon entering into a contract to purchase. 8. Riparian Corridors A fifty (50) foot setback from the high water mark of the Roaring Fork River has been provided , consistent with the recommendations of Eagle County. No structures will be erected within the buffer areas. A 5' public fishing access easement along the Roaring Fork River is proposed within the buffer zone, as well as along the westerly property line to 2 • • the River. Within the 5' easement there shall be no fence hazard or impediment to the public.A sign identifying the fishing easement must be posted prior to issuance of the first building permit. II. ASSIGNED LAND USE DESIGNATIONS The following list identifies Planning areas within the Diemoz River Ranch PUD and their respective land use designations. Planning Area Gross Acreage SF - Single Family with caretaker unit 8 C - Common Area 38.11 TOTAL 46.11 III. LAND USE DESIGNATIONS /DEVFI.OPMENT STANDARDS A. PLANNING AREA SF - Single Family with Caretaker unit 1. Purpose To allow sites for the development of single family homes with a caretaker unit. 2. Permitted Uses a. Single Family Structures b. Utility services c. Attached caretaker units 3. Development Standards a. Number of Dwelling Units - Two per lot. b. Minimum Floor Area - 2,500 sq. ft. c. Maximum Floor Area - 8,000 sq. ft, exclusive of attached garages, together with one attached caretaker unit containing no more than 1,000 sq. ft. e. Setbacks - As restricted by the platted "Building Envelopes ". f. Maximum building height: 35 feet g. Parking - Three or more garage spaces must be provided. 3 • h. Individual Sewage Systems - all septic systems shall be site - specific engineered systems that meet requirements as may be established by the Eagle County Department of Environmental Health. i. Soils Tests - Each residence shall be required to complete a site - specific soils study prior to issuance of a building permit. j. Basements - Basements shall not be allowed on Lot 1,2, and 3 due to high ground water. 4. Plat/Filing Land Use Designation Single Family with Caretaker unit B . PLANNING AREA C - Common Area 1. Purpose To provide an area in which a residence has not been constructed and shall be kept in it's natural scenic and open state. 2. Permitted Uses a. Access driveways b . Utility services c. Livestock grazing d. Sanitary sewage systems, including leech fields for the benefit of Lots 1 and 2. e. A common structure for the housing of livestock. 3. Plat /Filing Land Use Designation Common Area IV. SUPPLEMENTARY REGULATIONS A. ARCHITECTURAL PROJECTIONS ABOVE HEIGHT LIMIT Architectural projections including towers, spires, cupolas, chimneys, flagpoles, observation towers may extend above the 4 • • maximum height limit no more than 10 feet. These architectural projections must be uninhabitable space. B . FIREPLACE REGULATIONS Wood burning fireplaces are prohibited. All fireplaces shall be either gas or electric. 5 • • V. ARCHITECTURAL AND SITE DESIGN GUIDELINES I . Introduction A. Intent Of Design Guidelines Diemoz River Ranch is an area of remarkable natural beauty, unique in Eagle County. In order to maintain the Ranch's unique character, to preserve the natural beauty and balance of the site and maintain the quality of open space, Building Envelopes have been identified for each Lot. These envelopes have been defined to maximize each site's best features with consideration for natural terrain, views, privacy, vegetation, orientation, access and relationship to adjacent sites. These guidelines have been prepared to provide guidance and direction to the owners and professionals involved with the design and construction of homes within these envelopes. The underlying goals of these guidelines are to: 1. Protect the natural ecosystem. 2. Minimize the visual impact of site development on roads and other homesites. 3 Preserve the existing character of Diemoz River Ranch. 4. Preserve the view corridors. B. Relationship To Protective Covenants The Design Guidelines established herein are supplemental to restrictions and processes established in the Declaration of Protective Covenants for Diemoz River Ranch. Owners of each Lot are encouraged to review both documents together. These Design Guidelines are adopted pursuant to paragraph 6.a of the Declaration of Protective Covenants and Dedication of Easements for Diemoz River Ranch recorded in the office of the Clerk and Recorder of Eagle County, Colorado, as Reception No. in Book at Page II. The Design Committee Review Procedures A . Design Committee Responsibilities The Design Committee and its review process is an internal procedure to ensure conformance with the Diemoz River Ranch Design Guidelines. This process is additional to the building permit and approval requirements of Eagle County. The Committee's primary consideration is to aid applicants and their architects in maintaining the high quality standard set herein. In order to do this the Committee has retained a qualified Design Consultant to review all documents submitted for the review process and will solicit an 6 1 objective recommendation from the Design Consultant as to whether the applications have conformed to the Diemoz River Ranch Design Guidelines. It is from this recommendation that the Design Committee will base their decision of acceptance, rejection, or acceptance with modifications of the proposed plans. Before a home is constructed, the Design Consultant must review each owner's plans to ensure their compliance with the Design Guidelines. The Guidelines are intended to protect the wildlife, natural beauty, character, values and views. These Design Guidelines have been written to encourage individual expression while also achieving the development standard appropriate to each site. The Design Consultant will: 1. Review proposed construction projects for conformance with Diemoz Ranch's Design Guidelines. 2. Conduct appropriate communications with applicants and their representatives. 3 . Explain/clarify guidelines to applicants. 4. Approve proposed plans for construction after they are in compliance with the guidelines. B . Review Process, Submission Requirements, and Fees The two steps of the Design Consultant Review are as follows. The fee to be paid by the homeowner is strictly to reimburse the Design Consultant for review, recommendation, and meeting time. Additional meetings other than the three described below will be an additional expense to the homeowner for consultant review, recommendation, and meeting time. All fees are due with the submittal of the application to the Design Committee and upon attendance at the Pre - Planning meeting. 1. Pre- planning Meeting - Discuss the concept and the intent of the Design Guidelines, the philosophy of the construction anticipated by the homeowner, and the submittal requirements for the Final Design Review with the Design Consultant. Review Fee: $100.00 due upon attendance at the meeting. Amount subject to change. 2. Final Plan Review - Review contract documents and site plan for conformance with the guidelines. Applicants are requested to submit complete construction documents two weeks prior to the Final Plan Review Meeting with a check for the associated fee including but not limited to: a. Completed Final Plan Review checklist b. Certified survey with two foot contours (1 "= 20' -0 ") 7 • c. Floor plans (1/8" =1' -0" scale) d. Elevations of all structures (1/8" =1' -0" scale) e. Roof plans (1/8" = 1' -0" scale) f . Exterior finish schedule g. Exterior lighting schedule with lighting plan and photo or cut sheet of lights to be used. Construction details and specifications for all architectural and site elements i. Site grading plan including driveway grading and all proposed grading at a two foot contour interval with spot grades for all disturbed areas (1 "= 20' -0" scale) j. Site layout and materials plan including all hardscape layout (1 "= 20' -0" scale) k. Landscape plan locating proposed planting areas and identifying all proposed plants (1 "= 20' -0" scale) k. Irrigation plan for all areas to be irrigated (1 "= 20' -0" scale) 1. Utility line location and detailed revegetation plan m. Proposed entry gates or signage plan and elevation Applicants shall have corners of primary structures staked on -site for the Design Consultant review prior to final approval. Review Fee: $500.00 Amount subject to change. III. Site Planning And Development A . Development Zones The proposed site plan for the Diemoz River Ranch contains four two acre lots along with 38 acres of common area which includes agricultural and river corridor common area. 1. Single Family with Caretaker unit - Sites for the development of single family homes with a caretaker unit. 2. Common Area - An area in which a residence has not been constructed and shall be kept in it's natural scenic and open state. • 8 • 1 B . Permitted Uses 1. Single Family with Caretaker units Permitted uses within this zone include Single family structures with attached caretaker units, Utility services, and other uses as allowed by the Eagle County Land Use Code and approved by the Diemoz River Ranch Association. 2. Common Area Permitted uses within this zone include but are not limited to, access driveways, utility services, livestock grazing, sanitary sewage systems, including leech fields for the benefit of Lots 1 and 2, and a common structure for the housing of livestock. Prohibited uses include: - Any site work, grading or drainage improvements without the approval of the Design Committee. - Lighting (except for one low -level light fixture at each parcel access driveway to illuminate the address signage). - Vegetation removal or defoliation. IV. Design Standards The Design Guidelines address residential development at two levels: Site Planning and Architectural Design. Site planning standards refer to overall improvements in the Building Envelope and driveway access corridor. Architectural design standards refer to structures in the Building Envelope. A . Site Planning Standards Every Lot at Diemoz River Ranch has its own unique land form features and character. Whenever possible, these features should be preserved and reinforced by any level of construction and design. The objectives are to fit the improvements to the site in a way that leaves the natural features of Diemoz River Ranch intact, treating buildings and roads as an integral part of the site. The following key elements of site development for each Lot shall be addressed. 1. Driveways/Access Roads Access drives in most cases will have the greatest impact on the site. Consequently, great care should be given to their 9 4111/ 1 planning and design. During final design, each access road should address the following: - Maximum grades shall be 8 %. Cuts and fills shall not exceed 2:1 slopes. Cuts and fills to be topsoiled and revegetated with native plant materials (Appendix A). Maximum total vertical exposure of cuts and fills shall not exceed six feet. - Driveway width shall be sixteen feet of driving surface This width is intended to provide adequate snow storage and a passable driving lane in heavy snow winters. - All efforts shall be made to minimize total impact of driveway construction. Asphalt shall not be used. Gravel is recommended for driveway paving materials. All surfacing to be approved by the Design Committee. 2. Grading The intent and goal of Diemoz River Ranch is to preserve the natural existing topography and maintain the delicate system of natural drainages, structures, washes and creek beds. Any proposed improvements should be carefully planned to minimize disruption to the existing ecosystem or alteration of the topography. The prescribed envelopes have been located to minimize grading and avoid primary natural drainage systems. Specifically, new improvements should respond to the following: - No grading shall occur outside the Building Envelope except for erosion repair and meadow repair approved by the Design Committee. - Cuts and fills shall be maximum 2:1 slopes. - Within the Building Envelope, no exposed cuts and fills will be allowed, including exposed drainage ditches, to minimize the visual impact of new construction. - All disturbed areas which are not graveled shall be revegetated with appropriate plant materials from the recommended Plant List. (See Appendix A). - Major natural drainages that traverse the Lots shall be maintained in their original configuration. Eroding areas must be stabilized and revegetated. - Existing irrigation ditches that traverse Lots shall not be disturbed without approval of the Design Committee. 10 • • No drainage improvements outside the building envelope shall be constructed without the approval of the Design Committee. 3. Utilities Diemoz River Ranch recognizes the responsibility for supplying utilities to each Lot. The applicant shall provide an engineered system which encompasses the following: - All utilities shall be underground and contained within the driveway corridor or Building Envelope, unless approved by the Design Committee. All above ground appurtenances shall be approved by the Design Committee and be appropriately screened from view. Satellite dishes shall be non- reflective black. - If utilities do not follow the driveway corridor, owner shall revegetate disturbed areas to standards included in the Design Guidelines. Any utility line location not buried within an approved driveway must be presented at final design approval along with a detailed revegetation plan. - All well and septic systems shall meet Eagle County and State standards. All septic systems shall be site - specific engineered systems that meet requirements as may be established by the Eagle County Department of Environmental Health. 4. Planting Existing vegetation is one of Diemoz River Ranch's amenities and an integral part of the natural ecosystem. The intent of the following guidelines is to protect and enhance the existing landscape and vegetation. Preservation is paramount and improvements must respect existing vegetation types. More specifically; - No removal of vegetation will be allowed outside of the Building Envelope and access corridor except for reasons of landscape restoration, wildlife enhancement, agricultural improvement or the enhancement of trails. - Landscape scale and overall landscape design shall be designed so that new vegetation is integral with the natural landscape and the local plant communities. New planting shall compliment existing plant communities and be located to extend existing vegetation edges or planted in natural 11 • 1 looking groups. Approved species shall be appropriately selected from the Plant List (Appendix A). - Homeowners are encouraged to utilize plant materials within each Lot that require little water other than initial periods for establishment. - Homeowners will be required to plant 20 trees at a minimum size of 1" cal. each. At least six of these trees must be used on or near the river bank for improving Riparian Habitat. As well, homeowners will also be required to plant 20 shrubs. A least six of these shrubs must be used on or near the river bank. Newly planted trees and shrubs on or near the river bank should be fenced to prevent against beaver damage. - Planting within the Building Envelope in areas immediately adjacent to the house which are not visible from neighboring homes shall be relatively unrestricted and may include ornamental plants. Manicured or groomed yards shall be confined by buildings, fences, walls or other edges so that the visibility of these areas is limited to adjacent buildings. Trees within the Building Envelope shall be selected from the Plant List. (Appendix A). 5. Lighting Outdoor lighting will be carefully reviewed to assure that neighboring properties are protected from bright light sources and that they have every opportunity to enjoy the night sky. All exterior lighting must be approved by the Design Committee prior to any installation. Separate exterior lighting detail showing source location, wattage and fixture specification, and building or landscape area illuminated by such lighting must be submitted to the Design Committee prior to any installation and final approval. Specifically: Lighting outside the Building Envelope, visible light sources, and exterior up- lighting are prohibited. One low -level light with a hidden source is allowed at each entry drive for the sole purpose of locating the entry and address identification. 12 • • 6. Wildlife management and Fencing In an effort to maintain the greatest level of preservation of the natural character of the Ranch, the Design Committee does not recommend the use of fences. If fencing is used, it must follow these guidelines. Specifically; - Any fencing must be 42 ", 4 strand or less, with a 12" kick space between the top 2 strands. Any rail fencing must be the split or round rail type, 48 ". 3 rail or less with at least 18" between 2 of the rails. Fenced dogs must be restricted to the Building Envelope. Fencing containment for dogs must be approved by the Design Committee. Limit to 2 dogs /home with a kennel restriction. Kennel must be constructed before the c.o. is issued. - Any horse hay must be fenced at the owners' • expense with 8' mesh fencing to prevent game damage by deer /elk to the hay. 7. Signage In order to minimize the visual impact of foreign intrusions on the Ranch, large signage "statements" are prohibited. Specifically: - Signage will be permitted only for the address and name at the driveway /road intersection and shall be subject to approval by the Design Committee. Maximum allowable text area shall be four square feet. 8. Wildfire Management In order to minimize increase in potential wildfire occurrences, the following guidelines are established: - Roofs will be made of fire retarding materials. No wood burning devices shall be allowed. - Parking areas shall be kept free of tall grasses and other combustible materials. Within 30 feet of all structures, existing trees and shrubs should be thinned to minimize fuel. - Thinning out continuous tree and brush cover within a 30 foot defensible area of the home. Generally, the tree and brush cover is not contiguous across the site but located along irrigation ditches and river edge so it is anticipated that extensive thinning will not be required. 13 • • - All slash and debris left from thinning will be disposed of. - Dead limbs and ground litter will be removed from the defensible area. - Firewood will be stacked 15' uphill from the home. - An irrigated manicured space will be created around each home within the building envelope. - All agricultural pasture areas will be watered during periods of high fire danger. - Branches of trees within 10 feet of the defensible space will be pruned and ladder fuels removed beneath large trees. - Branches that extend over roof eaves will be pruned and removed within 15 feet of the chimney. - Roofs and gutters will be cleaned to eliminate a fuel source on the roofs. B . Architectural Standards Diemoz River Ranch Association reco nizes the need for an owner, through his architect, to design with as much flexibility as possible to meet the owner's needs, taste and individuality. The intent of this section is to encourage individual expression and outline basic and simple criteria. These criteria have been established to govern building massing and color, to reduce visual impact by conforming to the surrounding topography, and to minimize damage to the existing landscape. In essence, the architecture should reflect the natural, quiet mood of Diemoz River Ranch through its massing, choice of materials and colors. The following standards are applicable to any structure visible from primary roads or the Building Envelopes within Diemoz River Ranch, or when otherwise deemed appropriate by the Design Committee. 1. Building Location - Buildings are to be located within building envelopes so as to preserve the view corridor from existing homes and common areas. 2. Building Form and Massing In the landscape at Diemoz River Ranch the major elements of building mass reveal themselves texturally at the medium range view. It is essential that the buildings disappear from the distant views, roads and other Lots. Therefore; - Minimize exposed walls. The maximum continuous exposed wall height along a building face shall be ten feet high except that 30% of each building face may be higher up to a maximum of twenty eight feet. - The maximum building height shall conform to Eagle County standards. 14 • • - Minimize use of continuous flat planes. Provide variety through stepping of building faces where possible. Eave lines to project a minimum of three feet on the downhill sides of the building to minimize glass reflection. - Owners are encouraged to establish close visual and design ties between all structures through clustering to minimize impact within the Building Envelope. 3 . Roof Design Visually, the roof is probably the single most important element in overall design. Designs for roofs within Diemoz River Ranch shall adhere to the following: Pitched roofs shall have pitches not less than 6:12 and not greater than 12:12.4:12 roof pitches will be acceptable for attached shed roofs or secondary roof planes. - Roof overhangs shall be a minimum of 2'. - Roof materials shall include fire retardant wood shingles, composition shingles, slate, or dark non - reflective metal. - Roof color values and hues will match the darkest values in the immediately adjacent landscape. - The following roof types are not permitted in Diemoz River Ranch: a. Mansard roofs b. Curved roofs c. Domed roofs - Roof designs should reflect, where possible, the character of the adjacent landscape (i.e., steep pitched roofs in areas with tall dense tree stands, or low pitched roofs in lower valleys, flat grasslands and on ridges). 4. Exterior Walls and Surfaces - Allowed exterior materials include painted, stained or natural wood, vinyl siding, stucco, stone, shingles, and logs. Additional materials proposed will be reviewed by the Design Committee. 5. Foundations - Exposed foundations must be masonry, colored concrete, stone, split face block, or stucco. No exposed posts or cross bracing shall be permitted, since it tends to be unsightly, especially to neighbors, and provides no visual connection to the ground. 15 • • 6. Chimneys, Flues, and Roof Vents - Chimneys must be enclosed in stone, brick or stucco. - Flues and roof vents shall be black if exposed, or enclosed in structures compatible with the building. V . Construction Regulations In order to protect the wildlife community and to minimize disturbance and damage, the following guidelines are established for activities specific to construction. A. Silt fencing must be placed by contractor to contain any erosion runoff due to construction activity. B . Building materials may be delivered directly to the construction site via existing ranch roads and approved driveways. Construction staging and storage of building materials shall take place only within the Building Envelope. All staging materials shall be stored no further than 300 feet from the construction activity area. C . No firearms or domestic dogs shall be allowed within construction areas. Possession of dogs or firearms on Diemoz River Ranch results in a $1,000 fine to the owner /contractor /employee and permanent expulsion of the employee from the Ranch. D. Construction activity shall be limited to a period of time commencing at 7:00 a.m. and ending no later than 6:30 p.m. each day, with no construction activity permitted on Sundays. E. Access to the Ranch is available only to workers employed on the site and for travel to and from the job. Absolutely no access is available for persons not employed on the site, nor is access allowed any employee during evenings or weekends except to accomplish specific tasks at the site. Violation may result in permanent expulsion. F. A road impact fee will be assessed to homeowners and must be paid to the Diemoz River Ranch Homeowners Association with the final plan submittal to the DRC. Road impact fees for remodeling will be subject to review by the Design Review Committee. No final plan approval for construction will be granted prior to receipt of road impact fees from the homeowner. 16 • • 1 . Plant List Approved Trees, Shrubs, Ground Cover and Vines See Appendix A, Diemoz River Ranch Design Guidelines for the list of plant materials approved for use at Diemoz River Ranch. Additional plant material types can be submitted for approval during the Design Committee review process. Adopted by the Diemoz River Ranch Design Committee this day of , 1998 17 . • • Appendix A Reconunended Plant List Recommended Trees, Shrubs, Ground Cover and Vines The following list of plant materials is recommeded for use at Diemoz River Ranch. Deciduous Trees: ' Botanical Nance Common Nance: Acer glabrum Rocky Mountain Maple Malus hopa Hopa Crabapple Malus "Radiant" Radiant Crabapple Malus "Spring Snow" Spring Snow Crabapple Narrowleaf cottonwood Populus au gustifolia Quaking aspen Populus tremuloides European Mt. Ash • Sorbus aucuparia Native Mt. Ash Sorbus scopulorum Siouxland Cottonwood ' Populus deltoides 'Siouxland' Plains Cottonwood Populus 'Sargenti' . • Evergreen Trees: • Botanical Nance: Common Name: Abies lasiocarpa Subalpine fir Juniperus osteosporrna Utah Juniper Juniperus scopulorum Rocky Mountain juniper Picea engelmannii Englemann spruce Picea pungens Blue spruce Pinus aristata Bristlecone Pine Pinus contorta Lodgepole Pine Pinus edulis Pinon Pine Pseudotsuga menziesii Douglas fir Shrubs: Botanical Name Commcn Name: Alnus tenuifolia Mountain Alder Amelanchieralnifolia Serviceberry Artemisia tridentata'Wyomingensis' Native Sage Cercocarpus n— ontanus Mountain mahogany Chrysothamnus nauseosus Rabbitbrush Chrysothamnus spp. Rabbitbrush Corpus stolonifera Redtwig Dogwood Juniperus chinensis 'Pfitzerana' Pfitzer Juniper Juniperus Communis Native Juniper Juniperus Sabina 'Buffalo' Buffalo Juniper Juniperus sabina Tamarisafolia' Tam Juniper Lonicera Korolkowii 'Zabelli' Zabel's Honeysuckle • . ______ . • . Potentillafruticosa Potentilla Western Sand Cherry Prunos bessey Chokecherry Prunus virgimana Gambel Oak Quercus gambelii Rocky Mt. Sumac Rhus glabra asmontana Alpine Currant Ribes alpinum Woods Rose Rosa 'woodsii' Harison's Yellow Rose Rosa rubrifol i ia Rosa harisonii Red- Leafed Woods Rose l � Shrub Rose Rosa rugosa Thimbleberry Rubus parviflorus Spirca rbel pirca Spiraea bumalda'froebelli' Froebel o bel pi Symphoricarpos alba Lilac Syringa vulgaris Lilac Yucca filamentosa Native Vines: Botanical Name Common Name: Humulus sp. Hop vine Lyciumhalimifolium Matrimonyvine Ground Cover: Botanical Nance Common Name: Achill ea tomentosum nana Wooly yarrow Aethionema spp. Stonecrest Alyssum montanum Mountain alyssum Antennaria rosea Pussytoes Arabis alpina Alpine rockcress • Arctostaphylos uva -ursi Kinnikkinnick or Bearberry Armeriamaritima Common thruft Cerasdum tomentosum Snow -in- Summer Dianthus plumarius Cottage pink or Grass pink Dianthus spp. Maiden pink Duchesnea indica Mock strawberry Euphorbia spp. Spurge Juniperus horizontalis Creeping juniper Penstemon spp. Creeping penstemon Sayonaria octmoides 'splenoens' Rock soapwort Sedum spp. Stonecrop (sedum) Sempervivum i- Iouseleek Teucrium canadese American germander . • Grasses: • . . s and seed rates should be adapted to specific fu loc ar locations and micro E eed mixes application method and mulching c are revege Elevation, a eci, slope, grass app tation and sele n at Di moz River species application rates. The following grasses approved for use Comm on Name: Botanical Name Fairway wheat grass Agropyron cristatum Crested wheat grass Agropyron desertorum Intermediate wheat grass Agropyron intermedium � Slender wheat grass Agropyron trachycalumtn Smooth biome Bromus mermis Bunch Grass ° Orchard grass Dactylis glomerata Hard fescue Festuca ovina duriscula Creeping red fescue Festuca rubra Annual rye grass Loliummultiflorum Perennial e g grass Loliuin perenne Timothy Plileum pratense Canada blue grass Poa compressa Wildflowers: Some wildflowers that will do well and are often available through seed companies in a variety of mixes are: Botanical Name Conunon Nanie: Aquilegiacaerulea Rocky Mt Columbine Aster alpinus Alpine Aster Harebell �lar Campanula rotundifolia a r e Daisy • Chrysanthemuinleucanlhemum purple D er Fchnacea purpurea weed re Fi Epilobium augustifolium Fi e ve Geranium Geranium viscossissimum Native Ge s Iris missouriensis Blue Flax • Linum perenne Native Lupine • Lupinus argenteus Lytlu Purple Lupsestrife • •um salt caria Aster Ma chaerantherabigelovii S St ticky cky A Mahonia repens Colorado Bluebells Mertensiactliata Royal Penslemon ' Penslemon strictus Ladder Polemonim J acob's u caeruleum Jacob's d Solidago occidentalis Mule's Ears Wyetlus amplexicaulis • • . • . DI EM` RIVER . Final Plan Review Checklist • . To be completed by owner and submitted with documents two .weeks prior to review with the Design Consultant . • ® Completed Final Plaii Review checklist Certified survey with two foot contours (1 " =20' -0 ") . • Lif Floor plans (1/8" = 1' -0" scale) 1:1 Elevations of all structures (1/8" = i' -0" scale) • . 0 Roof plans (1/8" = 1' -0" scale) Li Exterior finish schedule Exterior lighting schedule with fixture cutsheets . Construction details and specifications far all architectural and site elements . Site grading plan including driveway grading and .all proposed grading with spot• g rades at a' two foot contour interval for all disturbed areas . (1 " =20' -0" scale) L Site layout: and materials plan including all hardscape layout (1 " =20' -0" scale) . • Li • Planting plan locating all proposed plants with plant list to include quantity, botani- cal name, and size of all proposed plants . (1 " =20' -0" scale) rj Irrigation plan for all areas to be irrigated (1 "= 20' -0" scale) LI Utility line location luicl detailed revegetation plan . . Li Primary structtu coz•ners st a l cecl on. s Review Pee . • •