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HomeMy WebLinkAboutR13-099 McCoy Creek Cabins Amended and Restated PUD Guide Commissioner 0,4-VW---r 2LAk - -moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO n�11 RESOLUTION NO.2013- V ( ` APPROVAL OF THE AMENDED AND RESTATED GUIDE TO THE MCOY CREEK CABINS PLANNED UNIT DEVELOPMENT FILE NO.PDA-4172 WHEREAS,on or about March 4,2013,the County of Eagle, State of Colorado,accepted for filing an application(File No. PDA-4172)submitted by the Lone Pine Ventures(hereinafter the "Applicant")for approval of a major Planned Unit Development Amendment(hereinafter the"PUD Amendment")to the McCoy Creek Cabins Planned Unit Development(the"PUD"); and WHEREAS,the PUD Amendment will update the existing McCoy Creek Cabins Planned Unit Development Guide document(hereinafter the"Amended and Restated PUD Guide"),as previously approved in April 29,2008(Resolution No.2008-056),for the purpose of changing the land use designation for Lot 3; from allowing one 8,500 square foot dwelling unit to allowing two cluster development units not to exceed 8,500 square feet; and WHEREAS,the Amended and Restated PUD Guide dated March 13,2013 (attached hereto as Exhibit `A'),will be recorded together with appurtenant exhibits,including: Legal Description for the PUD ;Building Elevations; Housing Plan; and Wildlife Mitigation Measures Summary ;and 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 applications by the Eagle County Planning Commission(hereinafter the "Planning Commission")and the Board of County Commissioners of the County of Eagle(hereinafter the "Board");and WHEREAS,at public hearings held on June 5,2013,the Planning Commission,based upon its findings,recommended Approval of the proposed major PUD Amendment;and WHEREAS,at a public hearing on July 2,2013,the Board considered the proposed major PUD Amendment. NOW,THEREFORE,based on the evidence,testimony,exhibits,and study of the Comprehensive Plan for the unincorporated areas of Eagle County,comments of the Eagle County Planning Department,comments of public officials and agencies,the recommendation of the Planning Commission,and comments from all interested parties,the Board finds as follows: 1. That proper publication and public notice WAS provided as required by law for the hearings before the Planning Commission and the Board. 1 2. As required by the Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a PUD Amendment: (1) Unified ownership or control. The title to all land that is part of this PUD IS owned or controlled by one(1)person and/or entity. (2) Uses. The uses that may be developed in the PUD approved in the original PUD approval by the Board of County Commissioners of Eagle County and approved by this PUD Amendment,ARE consistent with uses that are allowed,allowed as a special use or allowed as a limited use in Table 3-300,"Residential,Agricultural and Resource Zone Districts Use Schedule",or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule",for the zone district designation in effect for the property at the time of the application for PUD. (3) Dimensional Limitations.The dimensional limitations that shall apply to the PUD ARE as specified in the Amended and Restated PUD Guide. (4) Off-Street Parking and Loading. Off-street parking and loading provided in the PUD WILL NOT be altered by this PUD Amendment. (5) Landscaping.It HAS been demonstrated that landscaping provided in the PUD WILL NOT be altered by this PUD Amendment. (6) Signs. The sign standards applicable to the PUD ARE in accordance with Article 4, Division 3, Sign Regulations. (7) Adequate Facilities.It HAS BEEN demonstrated that the development proposed in this PUD Amendment WILL be provided adequate facilities for potable water supply,sewage disposal,solid waste disposal,electrical supply,fire protection and roads and WILL be conveniently located in relation to schools,police and fire protection,and emergency medical services. (8) Improvements.This PUD Amendment WILL NOT alter the applicable improvements standards for the PUD for safe,efficient access,logical and convenient internal pathways, unhindered emergency vehicle access,smooth vehicular and pedestrian circulation,and sufficient snow storage. (9) Compatibility with Surrounding Land Uses.All aspects of the development proposed within this PUD Amendment ARE compatible with the character of surrounding land uses. (10) Consistent with Comprehensive Plan. This PUD Amendment IS consistent with all stated purposes,goals,objectives and policies of applicable master plans. (11) Phasing.This PUD Amendment WILL NOT alter phasing plans for the development. (12) Common Recreation and Open Space. The common recreation and open space standards with respect to: (a)Minimum area; (b)Improvements required;(c)Continuing use and maintenance;or(d)Organization WILL NOT be altered by this proposed PUD Amendment. 2 (13) Natural Resource Protection.This PUD Amendment WILL NOT alter compliance with Article 4,Division 4,Natural Resource Protection Standards,Eagle County Land Use Regulations. 3. As required by the Eagle County Land Use Regulations Section 5-240.F.3.m Amendment to Preliminary Plan for PUD: (a) Modification.The modification of this PUD Guide IS consistent with the efficient development and preservation of the entire Planned Unit Development; (b) Adjacent Properties.The 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 public interest;and (c) Benefit.The 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,this AMENDED AND RESTATED GUIDE TO THE MCOY CREEK CABINS PLANNED UNIT DEVELOPMENT,Eagle County File No.PDA-4172,attached hereto as Exhibit `A', be and is hereby approved with the following conditions: 1. Except as otherwise modified by this development permit,all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. THAT,the Board of County Commissioners directs the Community Development Department to provide a copy of this Resolution to the Applicant. THAT,the Board further finds,determines and declares that this Resolution is necessary for the health,safety and welfare of the inhabitants of the County of Eagle, State of Colorado. 3 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado,at its regular meeting held this i S day of p ax u 6 via 2013,nunc pro tunc the second day of July,2013. COUNTY OF EAGLE, STATE OF COLORADO,By • .ugh Its BOARD OF COUNTY o e;1 � ' IONERS ATTEST: • w ii' 1, r •C 7 4, t BY: ..r' .". •, Teak J. Simonton -.�.... er,Chairman Clerk to the Board of / County Commissioners ____ BY: d l�� 1�,�/�--• 16,1 1.______ ,,--- -------'- --, tom ., . Ryan, a•mmissi• a../ IF BY: 1111411 ii 1 / . i� Kathy Chan enry Commissioner 1L-1 1=-4--% seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher IAA S_____ 1 Commissioner Jillian H. Ryan 14 " Commissioner Kathy Chandler-Henry This Resolution passed by I b vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 4 EXHIBIT Revised McCoy Creek Cabins PUD Guide 1.Intent&Purpose of PUD Guidelines The intent of this PUD is to create a residential project consistent with the high quality environmentally sensitive design and architecture of the Arrowhead community. The project will create an environment in which primarily utilizes existing disturbed areas to create three individual home sites surrounded by platted open space.The Arrowhead Mountain Design Guidelines and Regulations(Adopted March 6,2001,as amended)shall govern the design approval process for each residence. 2. General PUD Information The PUD contains a maximum of 6 dwelling units on 3 individual home sites or lots,of which three building sites may be built as a duplex,cluster homes,or single family dwelling unit configuration.While maintaining three building sites,it is the intent of the PUD to allow for further subdivision of duplex or cluster homes into individual lots.All residential and accessory structures and associated disturbances must be entirely contained in the platted building lots(Home Site Building Envelopes);there are no maximum building coverage requirements. A public trailhead parking area is also located on the PUD plans along the east side of McCoy Creek. The individual homeowners,through the Homeowners Association and the Arrowhead Metropolitan District,shall be responsible for the maintenance of,including but not limited to,all landscaping,snow storage,driveways,drainage and common improvements. 3. Permitted Uses, Building and Parking Standards Land Use Acres %of Site Residential Lots 1-3 .591 5.9% Open Space(Tract A) 9.168 91% Access&Trail Parking(Tract B) .241 2.4% Total Site 10 Acres 100% Note:Open Space includes grading,maintenance,and utility installations associated with creating and maintaining the access drive,which is located in an easement overlaying the Open Space Tract. These disturbances account for an additional 1.2 acres within the open space.Providing for 87%of the site as un-disturbed open space. Home Site-Lot 1: Purpose: To provide a site for one duplex dwelling(2 units),duster homes(2 units),or one single family dwelling (1 unit)to be located entirely in specified building envelope. Uses by Right: a. A duplex or cluster home residence with a minimum floor area of 2,500 square feet each dwelling unit,not to exceed a maximum gross floor area of 10,000 square feet combined for two dwelling units. b. A single-family residence with a minimum floor area of 2,500 square feet not to exceed 8,500 square feet of maximum gross floor area. c.Common access,driveway and parking areas. d.Common landscaping and courtyard areas. e.Accessory uses customarily appurtenant to residential homes,as defined by Eagle County Land Use Regulations,as amended. f.Utility Services. g.Home Occupation as defined by ECLUR 3-310,as amended. h.Construction trailer and staging for construction for the PUD homes and facilities. i. Maximum Building Height:35 Feet. Home Site-Lot 2: Purpose: To provide a site for one duplex dwelling(2 units),duster homes(2 units)or one single family dwelling(1 unit) to be located entirely in specified building envelope. Uses by Right: a.A duplex or cluster home residence with a minimum floor area of 2,500 square feet each dwelling unit.Not to exceed a maximum gross floor area of 10,000 square feet combined for two dwelling units. b.A single-family residence with a minimum floor area of 2,500 square feet not to exceed 8,500 square feet of maximum gross floor area. c.Common access,driveway and parking areas. d.Common landscaping and courtyard areas. e.Accessory uses customarily appurtenant to residential homes,as defined by Eagle County Land Use Regulations,as amended. f.Utility Services. g.Home Occupation as defined by ECLUR 3-310,as amended. h.Construction trailer and staging for construction for the PUD homes and facilities. i. Maximum Building Height: 35 Feet. Home Site-Lot 3: Purpose:To provide a site for one duplex dwelling(2 units),cluster homes (2 units)or one single-family dwelling(1 unit)to be located entirely in specified building envelope. Uses by Right: a.A duplex or cluster home residence with a minimum floor area of 2,500 square feet each dwelling unit. Not to exceed a maximum gross floor area of 8,500 square feet combined for two dwelling units. b.A single-family residence with a minimum floor area of 2,500 square feet not to exceed 8,500 square feet of maximum gross floor area. b.Common access,driveway and parking areas. c. Common landscaping and courtyard areas. d.Accessory uses customarily appurtenant to residential homes,as defined by Eagle County Land Use Regulations,as amended. e.Utility Services. f.Home Occupation as defined by ECLUR 3-310,as amended. g.Construction trailer and staging for construction for the PUD homes and facilities. i. Maximum Building Height: 35 Feet. Open Space-Tract A: Purpose:To provide a community open space parcel. Uses by Right: a.Open Space. B.Landscaping,habitat restoration,wildlife enhancement,geologic and wildfire mitigation,as necessary and/or permitted. c. Road,pedestrian, driveway including road and utility installation,stabilization and maintenance. Roadway,Drainage,Access and Utility-Tract B Purpose:To provide a tract for roadway,drainage,access and utility provision to serve the property. Uses by Right: a.Road, pedestrian,driveway including road and utility installation,stabilization and maintenance. b.Trailhead Parking. c. Landscaping, project and trailhead signage and lighting. d.Underground Utilities. 4. PUD Standards and Definitions: Building Envelopes(Home Site Building Envelopes):The area designated on the approved final plat drawings recorded with Eagle County in which the required Home Site has been designed. The Building Envelope and Lot property boundaries are the same. Building Height: Building Height (exdusive of chimneys)shall be measured from any point around the building at existing or finished grade (whichever is more restrictive)to the midpoint of the highest sloping roof above.Height measurement of buildings with stepped roofs will be at the discretion of the Design Review Committee("DRC"). Cluster Homes: The term "Cluster Home"shall refer to any group of attached or detached single family units with integrated private garages and a consistent architectural design in a consolidated neighborhood or neighborhoods. Maximum Gross Floor Area: "Maximum Gross Floor Area"means the sum of the gross horizontal areas of all floors of a building measured from the outside of framing walls,including but not limited to,lofts,stairways,fireplaces,halls, habitable attics,bathrooms,closets;and storage or utility/mechanical areas;and not including crawl space,basements, garages or areas designed for parking or loading within the building.The DRC fee and review is based on this square footage.Basements,which have any exposed exterior walls with windows and/or doors,shall be included in the Maximum Gross Floor Area calculations for these guidelines. The area within a basement will be included in the calculation of Maximum Gross Floor Area when the floor area above such level is greater than or equal to 4 feet above existing grade. The area will be included for a depth of 14 feet.Maximum Gross Floor Area for each lot is as stated in the McCoy Creek Cabins PUD. Minimum Floor Area: "Minimum Floor Area"shall be 2,500 square feet for single family,cluster home or duplex residences("floor area"is defined the same as in"Maximum Gross Floor Area"above). Minimum Setbacks: a.All buildings and portions thereof and accessory/appurtenant residential structures shall be contained within the specified building Home Sites,the property boundaries of which define the limitations for residential structures and associated disturbances. b.Setback Requirements.There are no minimum setbacks for Eagle County review,except as sufficient to accommodate utilities,existing easements,drainage,access,fire code regulations and flood plain of live streams.On Lot 1 only,no part of any structure may encroach below or within twelve inches above the elevation of the 100-year flood plain,provided however that cantilevered architectural features may encroach into this area through specific approval by the Arrowhead Design Review Committee. c. Residential Square Footage and both Minimum and Maximum Gross Floor Area shall be calculated according to the provisions contained within the Arrowhead Mountain Design Guidelines and Regulations,Adopted March 6,2001,as amended. Parking Standards: a. Residential Unit: 2 spaces per dwelling unit,inclusive of garage spaces. b.Trailhead Parking:5 spaces in total.c.Guest Parking:1 per dwelling unit. Design Review:The Arrowhead Mountain Design Guidelines and Regulations (Adopted March 6,2001,as amended) shall govern the design approval process for each residence.Design Review Approval is required prior to the issuance of building permits by Eagle County. 5. Sign Code/Lighting Standards Signs will be utilized for directional trailhead and informational purposes only,and shall be approved by the Arrowhead Design Review Board at the time of Design Review for the project architecture.Lighting standards will comply with the Arrowhead Design Review Guidelines.No additional sign permitting is required by Eagle County provided the Arrowhead Design Review Board approves project signage. 6. Wildlife Mitigation The following wildlife mitigation measures are required: a. Per the Arrowhead Mountain Design Guidelines and Regulations,all dog runs and enclosures,when permitted,shall include a restrictive roof or fenced top over said enclosures to protect dogs and prevent conflicts with wildlife. b.Fences and gates may be built within the Home Sites;however,the Arrowhead Design Review Board shall require the use of wildlife friendly fencing. c.Trailhead Parking Signage shall include information announcing the seasonal wildlife closure of the trail and/or access to lands beyond the property. d.Feeding,baiting,salting or other means of attracting wildlife to the property is strictly prohibited. 7. Circulation Pattern Pedestrian access is described on the plat and shall be maintained by the Homeowners Association.Certain restrictions may apply to the use and status of pedestrian access,and these restrictions will be specified in the Homeowner Association documents. 8. Open Space and Recreation The Open Space(Tract A)is dedicated to the Association through the final plat.As proposed,91%of the total PUD area is dedicated to open space. Open space shall remain in an undisturbed and natural condition except as for provided by this PUD and required for wildlife and wildfire mitigation and enhancement through approval of Eagle County. 9. Landscaping and Area Restrictions Xeriscaping landscaping, in accordance with the Arrowhead Mountain Design Guidelines and Regulations,will be incorporated into the common and private area landscape design and will be specified at Building Permit. 10. Amendments and Incorporation of Preliminary Plan The purpose of the PUD guide is to ensure the orderly use and development of the property in accordance with the standards,restrictions and regulations that govern the use of the land with the McCoy Creek Cabins PUD. The guide replaces the standard zoning provisions of Eagle County in order to allow for site-specific flexibility and restrictions that are more appropriate given the location,physical attributes and character of the project.The terms used herein shall refer to definitions provided in Article 2,Definitions,of the Eagle County Land Use Regulations,as amended,on the effective date of this Planned Unit Development,unless such terms are otherwise specifically defined in this PUD guide. 11. Authority, Enforcement&Conflict Authority for these guidelines is found with Section 5-240 of the Eagle County Land Use Regulations.The Board of County Commissioners of Eagle County,Colorado or any Owner shall have the right to enforce,by any proceeding law or in equity,all restrictions,and conditions.Reservations,liens and charges now or hereafter imposed by the provisions stated in these Guidelines. Failure by the Board of County Commissioners of Eagle County,Colorado or by an Owner,to enforce any restriction contained herein shall not be deemed a waiver of the right to do so thereafter.The specific provisions of this guide shall prevail and govern the use of lands with the McCoy Creek Cabins PUD, however,where the provisions of this Guide do not specifically address a subject the provisions of the Arrowhead Mountain Design Guidelines and Regulations and the Eagle County Land Use Regulations,as amended. Whichever is more restrictive shall prevail.In case of dispute or ambiguity,the Board of County Commissioners or their appointed designee shall act to interpret. 12. Amendment Procedures Two types of modifications to the PUD are possible: A. Major Modifications shall be defined and processed.As required,in accordance with Section 5-240F.3.m, Amendment to Preliminary Plan for PUD,of the Eagle County Land Use Regulations("ECLUR"),as amended. B.Minor Modifications are changes,which do not significantly alter the original purpose.Intent or concept of the project,but may instead result in a change in design of the development. These modifications may include,but are not limited to, internal driveway alignment alterations,additions of land uses not previously itemized,and minor shifts in lot and envelope locations,provided that the changes are similar in nature to the listed purpose, intent and uses of the PUD: Minor Modifications shall be under the authority of the Eagle County Community Development Director and may or may not require an amended final plat.The Director may approve such a minor request if he finds that: I. The request is consistent with the established goals,intent and purpose of the McCoy Creek Cabins PUD. ii. The request will not negatively impact adjacent land uses or the ability to implement the provisions and intent of this guide. 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Lot 1—006 Cabin Creek Lane—Entry Elevation ts 0 it.,..- 't'."•4‘7',N 4.'4%, ' ,�,F.f yCf 't'fie a � `,, yak 5 ` '� 'n�?t` " 7 s �.`' t;', '�R "` - y�,- A 1 i 1 ' .1,'''''''f . 4 ;tee ., r''" It ,f,,'. %r.+�' . . .. r.rY+' . 1 ' 14; , ,I 'ttp:Itil, /it • 1' i I (' : • • 'i it /1.7', /it' 1 it i 41P 1 Illi w, T� tt 11 .., It Kt le 1 t 11!t• q vri„him 11 ff ..y "Itr*”'** 0 Lot 1—006 Cabin Creek Lane—Creek Elevation Sti.1 . .., a!s +6" S 0 .1!"-",-10° f''' 1.`g1'„' ,- re..- z � a t#t�f �e . 3 - tit tt. s . Lot 1—008 Cabin Creek Lane—Entry Elevation . . . ' ' ''+ ,...446,-,,, • 1...t; t3'. ~ ! _ - } am, 4� ` * �S C � 9' ��f' . C of• r . 9 47.:r w � ,*+x ” a K _• fi.: ' t 1 t . .. �.. + lam• frtY w u — n� S r q --L4= " ,.01 •, .r ifF1 hilt . ,F, i ar ,) id 1pill 4 r . . 0 Lot 1—008 Cabin Creek Lane—Creek Elevation j 0 .. , . w • ,6 , ,,, aF F:^ E :AnIn,n..n. r rz--3 k.':',416 , ' - '. ,. . r, T C_ k---,-.3.— T`. ,e �..-4— r ."'„,„"..'s: k r Y7 •r 7 YY p� ' r �r r' d Att • -. ' . Lot 2—0012 Cabin Creek Lane—Creek Elevation Rendering • • . .'0" .,,,,,,.°4'::A! ' t•i ,, ' , . ' s ter n _ 1 a .. n ` , �'" _. w. yy is H g w_F t.. +‘ + py, .11't d k� `'if ,,... - r s } r` t �4 . 4 X e ' Ai• £ .k. lo- ; '° ° gam J f a Lot 2—0014 Cabin Creek Lane—Creek Elevation Rendering 0 • McCoy Creek Cabins PUD Wildlife Mitigation Measures Summary Homes Site Placement: The location of the building envelopes within three of the flattest areas on the parcel is a key element in preventing significant impacts to big game herds that might occasionally use the property as transitional range. This places the homes to virtually eliminate any impact to habitat that has high vertical and horizontal quality. By avoiding steep slope development, the potential for sediment transport to McCoy Creek is significantly lower. Home Design: To minimize the zone of influence of the residences, construction should minimize damage to existing woody vegetation for the driveway and home construction wherever practical. This practice will minimize habitat loss and retains mature vegetation to shield the visual and acoustic impacts generated by the home. Open and/or unprotected windows are the primary access routes wildlife utilize to gain entry to homes. Any chimney fittings should be fitted with metal caps to prevent raccoons from accessing the vents. Feeding, baiting, salting or other means of attracting wildlife of any kind to the property is expressly • prohibited. Fences and gates may be built within the Home Sites, however, the Arrowhead Design Review Board shall require the use of wildlife friendly fencing. Best Management Practices: Best Management Practices (BMP's) should be implemented during construction of the project, including silt fencing that is properly installed and maintained. Riparian plantings within the area of construction disturbance along McCoy Creek shall have a stand closure requirement within one complete growing season. Erosion and Sediment Control techniques and riparian protection measures shall be specified in the construction documents for the subdivision and in the building permits submitted for construction of each residence. These measures shall be implemented, inspected and maintained until construction is complete. Bears: The vast majority of bear/human conflicts arise due to improper disposal of trash and improper feeding of wildlife species. To alleviate this issue, homeowners shall be required to utilize heavy-duty wildlife-proof trash containers as specified by Eagle County and approved by the waste handler for the Arrowhead Metropolitan District. Under no circumstances should trash be left outside or in any storage or accessory building separate from the residence, unless that storage area has been 200810847 23 of 35 • designed as wildlife-proof and received approval from the Arrowhead Design Review Board. Bird feeders shall be mounted away from the house. Dogs: Per the Arrowhead Mountain Design Guidelines and Regulations, all dog runs and enclosures, when permitted, shall include a restrictive roof or fenced top over said enclosures to protect dogs and prevent conflicts with wildlife. If pets are kept indoors, they shall be fed inside the home and not on any deck or patio areas that would attract wildlife and create a nuisance condition (particularly with Bears). Landscaping: Developing the outdoor living areas surrounding each home with naturalizing landscapes (i.e. plantings that are left to naturalize with little or no maintenance) will help to reduce the impacts of development upon area wildlife. A list of deer and elk resistant plants is included in Appendix E of the Arrowhead Mountain Design Guidelines and Regulations, and shall be utilized and incorporated through the design review process for each Home Site. All residential lots shall be required to incorporate Xeriscape landscaping principles as specified by the Arrowhead Mountain Design Guidelines. Riparian and Wetland Areas: Riparian and wetland areas shall be • protected from disturbance during construction. The areas not proposed for either temporary and permanent impacts as approved by the Army Corps of Engineers shall be delineated utilized silt fencing prior to and throughout the construction process. Additional Best Management Practices ("BMP's") shall be specified at the time of building permit application with the primary objective of minimizing dust, erosion and sediment control impacts on the riparian corridor of McCoy Creek. These BMP's should be regularly inspected and maintained throughout the period of construction. Off Site Wildlife Mitigation: The developer shall pay a one-time contribution of $15,000.00 to the Division of Wildlife Heritage Foundation prior to recording of the PUD Final Plat. Funding will be utilized by the Division of Wildlife for wildlife enhancement projects that will offset the potential impacts to existing habitats created by this development. 200810847 24 of 35 • • GEE ,.. WILDLIFE EVALUATION McCoy Creek Cabins EAGLE COUNTY, COLORADO Prepared for: Ron Reynolds Lone Pine Ventures,LLC Prepared by: GEE 2188 W.Canyon Ct. Grand Junction,Colorado 81503 April 2008 • GEE Frau GEE, Inc. 2231 Broadway,Suite 4 New York, NY 10024 ph (212)579-6800 fax(212)4964034 www.areateastemecoloay.com • 200810847 25 of 35 GEE • TABLE OF CONTENTS Section 1.0 Introduction 2.0 Proposed Action 3.0 Methods 4.0 Study Area 5.0 Significant Wildlife Use of the Property 6.0 Effects of the Proposed Single-Family Home Development 7.0 Mitigation Measures to Minimize Wildlife and Habitat Concerns 8.0 Conclusions • II • 200810847 26 of 35 GEE /' • 1.0 INTRODUCTION Ron Reynolds(the"Applicant")proposes three lots(two duplex and one single family)on the McCoy Creek Property located in the McCoy Creek drainage south of Edwards Colorado.The subject parcel includes approximately 10 acres and is bisected by McCoy Creek itself.The proposed development has potential to affect existing wildlife use of the property. In particular,potential impacts to big game(elk and mule deer)and non-game species dependent on the riparian corridor and the habitat types that exist within the McCoy Creek Area. These habitat areas are of primary concern to the Applicant,the Colorado Division of Wildlife(CDOW)and the Eagle County Planning Department(the"County"). GEE was retained by the Applicant to evaluate existing wildlife use of the property and develop mitigation measures to minimize impacts of development on the wildlife habitat values of the property. This report is the result of that effort. Mitigation by definition is the process by which adverse effects of an activity on the environment are reduced or eliminated.Through careful review of the subject parcel,adjacent parcels, and experience with other projects within the Eagle River drainage,it is evident that the thoughtfulness of the development proposal will reduce potential impacts to wildlife,wetland and riparian habitat. In addition,through incorporation of the proposed mitigation measures into the development of the proposed subdivision no significant adverse impacts to wildlife use of the property is expected. 2.0 PROPOSED ACTION The proposed development is located immediately adjacent to McCoy Creek at(T5S R82W W.1/2,NW 1/4Sec.15),approximately 2 miles south east of the town of Edwards. Elevations range from 7800 feet to 8000 feet,with a primarily northern exposure. The parcel includes approximately 10 acres of land,of which less than 1 acre will be disturbed and included in the development proposal and selected building envelopes. The proposed subdivision would result in the maximum development of two duplex units and one single- • family residence located in the current developed area. Due to topographical constraints identified on the site,the envelopes will impact the riparian corridor. However,care has been taken through the design phase of the project which minimizes potential impacts to wetlands,active stream corridors,steep slopes and slopes supporting big game winter and transitional range. Consideration was also given to minimize disturbance to existing woody vegetation,particularly within the riparian corridor on the site. 3.0 METHODS The wildlife assessment presented herein was based on the following: a) A review of CDOW Wildlife Resource Information System(WRIS)maps to locate important seasonal ranges and use areas for local deer and elk herds. b) March 27,2008 field survey with the applicant representative Tambi Katieb.Primary objectives included: 1)field verification of big game use consistent with WRIS maps;2) locating the proposed building sites and evaluating potential impacts to wildlife use patterns; 3)evaluating buffaing characteristics of existing vegetation and topographic features relative to the proposed development and big game use,and 4)assessing the presence of non-game species and habitats,and evaluating potential effects of development on those species/habitats. c) A review and evaluation of the proposed development from aerial photography and mapping after sites were located in the field. d) Phone discussion with Bill Andre regarding wildlife use of the property and potential mitigation to offset impacts to both the riparian corridor and big game winter range. • 200810847 27 of 35 GEEE e) Phone discussion with Tom Fresquez—Fisheries Biologist BLM,Keith Geizentanner-USFS, and Wayne Nelson USFS,Monday Mardi 31,2008. 4.0 STUDY AREA The McCoy Creek Cabins parcel is located within a landscape that contains a diversity of habitat types in close juxtaposition due,in part,to historical management of the tract and approximately 200 feet of elevational gradient on the 10-acre parcel. The lowest elevations obviously occur along McCoy Creek itself near the center of the property. McCoy Creek supports typical high-elevation riparian vegetation with mature Aspen,blue spruce,Douglas Fir,alder and some willow along the stream corridor. The higher slopes are primarily vegetated with aspen and pockets of spruce and fir in wetter areas. South facing slopes are dominated by Gambel's Oak. The more gentle slopes on the property have been historically used as a walking,motorized and snowshoe trail to access Forest Service and land owned by Vail Associate higher in the drainage. Aspen stands located above the subject parcel are of relatively mixed age with young and mid-aged trees providing signifcan t,accessible forage for wildlife(photo 1). Regeneration appears to be vigorous among the stands inspected. Most land immediately adjacent to the property is also private and has had significant disturbance in the form of road,housing and infrastructure development as part of the overall Arrowhead PUD community development. The southern boundary is owned and controlled by Vail Resort Associates.(Photo 2) 5.0 WILDLIFE USE OF THE PROPERTY Seasonal big game use of the property and surrounding lands is largely based on past experience in the area • practicing as a wildlife biologist as well as field surveys conducted at the landscape level near the subject property. The March 2008 site visit verified much of this information,though seasonal fluctuations in numbers and use patterns could not be quantified and verified with only one visit However,data available is consistent with my evaluation of habitat conditions,physiography and evidence of big game presence on the property. The WRIS maps supplied by CDOW indicate the subject parcel coed both winter range and production area for elk. It was apparent from the site visit that there was no recent use by elk or deer occurring. The elk appear to have selected the southern-exposed slopes at the higher elevations due to their lower snowpack levels and easier access. The lower elevations of McCoy Creek were holding snow in excess of 30 inches deep which would significantly limit access by big game within the McCoy Creek drainage. Based on my review,the parcel does not contain the necessary attributes defining a high quality wintering area. Through discussion with project planners and the ensile visit,it is evident that the site does not typically receive high use from big game. In l ct,I would say that big game principally use the site in transitional periods during spring and fall and occasionally as a travel corridor between drainages. Evidence of elk"barking"aspen trees(scars on the trunk where animals scrape off strips of bark for consumption)and signs of elk browsing off new aspen suckers on the property were sparse. Less than one acre of disturbance is anticipated from the proposed development situated directly within the McCoy Creek Drainage. The intent of the seventy-five foot riparian setback is to minimize impact natural riparian habitat.In this particular case,I believe that pushing the development higher up the slope would actually have secondary impacts far in excess of that found at the proposed sites. By intruding into the steep slopes,runoff potential is significantly higher.Increased sedimentation,point source pollution and ultimately decreased water quality within the drainage could occur(Photo 3). Furthermore,through the increased land exposure from construction of cat and fill slopes and large retaining walk ancillary impacts associated with the disturbance would be noxious weed stand expansion and potential new source for • 200810847 28 of 35 • GEES expansion of weeds further up the McCoy Creek drainage as well as increase direct impact to the vegetation community. For the reasons stated above,it is my professional opinion that access to potential development sites under current guidelines and restrictions(t.e.,75'setback)would in fact significantly increase potential impact to wildlife habitat in the area. The gentle slope,lack of wind,and shaded nature of the drainage,allow deep accumulation of snow and the site is very unlikely to be used as winter habitat by big game(Photo 4). The site visits turned up no tracks in the snow or other evidence to suggest animals were currently using the area. However,the parcel lies adjacent to probable wildlife habitat Riparian vegetation is spore and has been significantly degraded due to historical use by motorized and non-motorized activities. Habitat along the creek is not currently providing high quality cover for significant animal movements to take place. Some habitat value is being provided for small and non-game animals. But the resultant impact of development in the lower sections of the parcel is significantly lower than what would exist if the steep slopes were impacted. The mapped winter range,which is defined as that area in which 90%of the local elk herd is located from December 15 to March 15 in the average 5 winters out of 10,is shown to encompass the entire area however,the steep,south and west-facing slopes to the west of the subject parcel appear to be the better habitat. This does not mean that elk do not use the property occasionally during other times of year or for different purposes(Map 1). Severe winter range is a subset of winter range and is indicated by the presence of 90%of the local elk herd at the peak snowpack period during the worst 2 winters out of 10. Severe winter ranges usually occur on lower elevations and southern exposures where snowpack is less than surrounding areas and where food resources are more easily obtained. The entire area of the subject parcel is well outside of mapped severe and critical winter ranges as mapped on the WRIS maps. Bears are prevalent in the McCoy Creek drainage,as with the surrounding area. They are also highly intelligent,curious and require a significant caloric intake to support themselves. This is particularly true during the fall when they are in a hyperphageous period. As such they require special attention when planning a subdivision or home within their habitat Bears readily adapt to human presence and are opportunists when food is involved. Many conflicts arise between homeowners and bears,particularly when an cminfonmed urban lifestyle interfaces with relatively wild lands. The bulk of bear-human conflict occur when garbage is improperly stored or disposed. Heavy-duty,bear-proof garbage containers are a must in this setting,and trash should be dealt with accordingly. Puts can also be problematic,particularly if left outside for extended periods or if they are fed outside. Bears are keenly attracted to the smell of pet foods and in some cases may be tempted to take the pet as well. Finally,bird feeders can be meets for bears,particularly sugar-filled hummingbird feeders. The best option is to refrain from such feeding entirely. The riparian corridor contains an array of woody and herbaceous plant species that are preferred forage of bears. The subject parcel contains many mature Spruce/Fir,Red-osier dogwood,alder,Planeleaf willow and wild rose,as well as a diverse array of grass and fort species. Ample dead-woody materials are also present,which provide significant habitat for a number of small mammals and bird species. Of particular value are the mature aspens and dead-standing snags which provide valuable habitat for primary and secondary cavity-nesting bird species in the area. It is likely that other species of wildlife also periodically use the property,either on a year-round or seasonal basis. Mountain lions,coyotes,snowshoe hares and a diverse array of bird species are suited to the habitats found on the property. The lack of intensive discussion concerning each of these species does not imply they are or their habitat requirements are unimportant. Rather,for the sake of brevity,this report focuses on three easily-monitored species with large seasonal ranges overlapping the proposed development area. • 200810847 29 of 35 • GEE .i lor 6.0 EFFECTS OF THE PROPOSED 5 UNIT SUBDIVISION DEVELOPMENT The proposed single-family home and residential area has the potential to impact existing wildlife use of the property if not properly mitigated. Potential impacts are listed below with mitigation recommendations presented in the following section. • Displacement of elk/deer from traditional transitional ranges • Bear/human interactions • Human reaction to wildlife damage/acceptable control methods • Non-game wildlife,particularly cavity-nesting birds species • Increase sedimentation to high quality water within McCoy Creek • Increase of noxious weeds due to new disturbance 7.0 MITIGATION MEASURES TO MINIMIZE WILDLIFE AND HABITAT CONCERNS One of the chief concerns with a development in this location is the interruption of elk and deer transitional ranges and infra-property movement patterns,whether they are seasonal migration mutes or daily intra- property movements. If interruptions are continuous or significant random events,total displacement of wildlife from an area can occur. Interruptions can result from a variety of building activities,physical obstructions or post-construction human uses on the site. Oddly enough,the opposite can also occur with deer and elk habituating to human activities or even being attracted to developments such as Arrowhead, particularly if succulent ornamental plantings have occurred. This can create significant conflicts between landowners and wildlife and create the need fix control measures. Many of the concerns that typically need to be addressed with development of this sort are not significant due to the fact that the habitat has already been significantly impacted. Significant care was taken in placing each of the development pods on the 10 acre panel.However,some impact will likely occur. The following recommendations address expected • activities associated with one or more of these categories. If approved,this project would occur within the McCoy Creek drainage and encroach within the 75 foot setback currently recommended by Eagle County.It is imperative that measures be taken which would minimize any additional impacts to the drainage itself.As stated above,McCoy Creek from the point of this project down has been impacted through historical use. In fact,the stream has been crossed no less than 14 times from the intersection with Crests Road to the confluence with the Eagle river.Also,through leasing with the Mann Family since the inception of the Arrowhead PUD,there has been public access through the subject parcel that has Sather contributed to degradation to the stream.Lastly,the site has also been historically impacted through dumping of waste materials within the riparian corridor itself Though these impacts have occurred significant opportunity to improve the riparian exists if the riparian conditions are approved. a. Homesite placement. The location of the building envelope within three of the flattest areas on the parcel is conceptually a key element in preventing significant impact to big game herds. This places the home to virtually eliminate any impact to habitat that has high vertical and horizontal diversity,while only slightly impacting vegetation that has good nutritional quality. By avoiding steep slope development,the potential fix sediment transport is significantly lower.Best management practices should be implemented including silt fencing, and riparian plantings within the area of construction disturbance with a stand closure requirement within one complete growing season. b. Home design Home design,and more importantly,human activities(timing,type of activity, frequency and duration)surrounding the home can have significant impacts to wildlife. Dwellings which are used only seasonally may have less impact than a year-round residence. To minimize the zone of influence of the residence,construction should minimize damage to existing woody vegetation for the driveway and home construction. This*minimizes direct • 200810847 30 of 35 GEE ' • habitat loss and retains mature vegetation to shield the visual and acoustic impacts generated by the home. - Open and/or unprotected windows are the primary access mutes these species utilize to gain entry to homes.Also any chimneys should be fitted with metal caps to prevent raccoons from accessing the vacs. Feeding,baiting,salting or other means of attracting wildlife of any kind to the property should be expressly prohibited c. Bra. Bears can be especially problematic due to their intelligence and curiosity,and as such warrant special consideration. The vast majority of beer/human conflicts arise due to improper disposal of trash and improper feeding of other wildlife species. To alleviate this potential problem,the homeowner should be required to utilize heavy-duty bear-proof trash containers. Under no circumstances should trash be left outside or in any storage unit separate from the residence. Trash cans should be set out for removal immediately prior to trash service,and not overnight under any circumstances. Any bird feeders should be mounted away from the house and if pets are kept,they should be fed inside the home,not on decks or patios. d. Arrowhead Mountain Desian Guidelines and Regulations-Adopted March 6.2001 The following standard mitigation measures regarding this project have been included based on the referenced document. Below you will note the specific references from the above document that have been incorporated into the final planning application. Section 3.1.1 Building Envelopes and Homesites • Minimize grading and removal of vegetation • Protecting sensitive environments • Preserving the dominance of the natural setting by fitting buildings into the existing landscape. Section 3.1.7 Landscaping and Plant Materials • • Developing the outdoor living areas with naturalizing landscapes(plantings that are left to naturalize with little or no maintenance)will help to reduce the apparent impact to wildlife. A list of deer and elk resistant plants is included in Appendix E • building improvements shall be designed around existing major trees on the lot • Riparian and wetland areas are to be protected from disturbance during construction • All residential lots shall be required to incorporate xeriscape landscape principles. Section 3.1.8 Driveways • All driveways are to follow alignments that minimize grading,tree cutting or other disruption of the site. • Section 3.1.18 Night Lighting • Night lighting is to be minimized • Low intensity lanterns or indirect light sources and cut-off fixtures are to be used. Lights following the driveway at regular spacing are not permitted. • Moonlighting and uplighting of vegetation or structures are not permitted. Except for low-level lighting of a driveway and the identification sign,exterior lighting is to be located within the Homesite. Section 3.1.19 Wildlife Measures • All dog runs and enclosures when permitted by the DRC,shall include a restrictive roof or fenced top over said enclosures to protect dogs. • Proper garbage disposal is required to prevent wildlife from destroying property and/or posing a threat to residents and their pets. • 200810847 31 of 35 GEE • • Dumpsters and individual trash cans shall be of a Colorado Division of Wildlife approved bear-proof design. • Property Owners are prohibited from using compost piles. e. Mitigation.In addition to the above measures,a onetime contribution to a mitigation fund should also be contemplated for this parcel.The fund should be in a significant amount to generate treatment of an area equal to or greater in size than the amount of anticipated disturbance on a yearly basis. Metrics for calculating disturbance should be an as built survey of direct impact to both riparian and upland areas. A ratio of 2:1 for riparian habitat may be appropriate in some cases. Treatments considered may be noxious weed treatment, supplemental riparian plantings,fertilization of winter range,prescribed fire,and riparian fencing. This is simply a list of potential actions but should in no way be considered a final list. &O CONCLUSIONS Strict adherence to the items identified in the mitigation plan,will assure that no adverse impacts to deer, elk and other wildlife groups would occur with the development of the proposed 5 unit subdivision. No significant wildlife habitat will be impacted through the proposed development particularly since the subject parcel is highly used by the public and is of limited value due to topography,slope and aspect. Furthermore,much of the past abuse of the area will be significantly improved through implementation of the riparian conditions and contribution to a habitat fund. With proper construction features as indicated above and adhering to a few thoughtful living practices,the potential human-wildlife conflicts should be easily avoided on this site. • • • 200810847 32 of 35 • IND-4441•131 Is iuTk`_IN L) cw.otir February 28, 2013 Eagle County Community Development Mr. Scott Hunn P.O. Box 179 500 Broadway Eagle, CO 81631 RE: McCoy Creek Cabins PUD Amendment - Housing Plan Review Mr. Scot Hunn, Attached is the existing approved Housing Plan for McCoy creek Cabins PUD.This housing plan as approved is based on an overall maximum allowable square footage of proposed construction on all three lots combined. The proposed amendment to McCoy Creek Cabins PUD does not change the maximum allowable square footage of the development;therefore we do not feel a change in the current approved housing plan is necessary. It should be noted although the approved housing mitigation requirements were based on the maximum allowable square footage of 28,500 square feet(combine all lots);the Development currently consists of approximately 3,000 square feet less on Lots 1 and 2 than the approved 10,000 square feet.The Developer has currently satisfied$666,666.67 of the total$750,000 agreed upon and approved in-lieu-of payments for housing mitigation. The remaining $83,333.33 is scheduled for payment at the time of issuance of the building permit for the last • house on Lot 3. Please let us know if you have any questions or require further information. Sincerely, Ron Reynolds Bill Nutkins Managing Partner Owner/Designer Lone Pine Venture, LLC Nutkins Design Group • • McCoy Creek Cabins PUD Housing Plan This application has been reviewed with both planning staff and the County Housing Director with respect to affordable housing impacts and the inclusion of a Housing Plan which is consistent with the County's interest in new development mitigating its impacts on affordable housing. As a result, the applicant has relied upon the proposed draft Eagle County Affordable Housing Guidelines (November 27, 2007 draft) as the basis for calculation of housing impact and dedication. Eagle County's draft guidelines are designed to acknowledge that certain developments, such as the McCoy Creek Cabins project, are inappropriate places for the development of new affordable housing and as such must either build affordable housing off site or comply through an alternative method. As proposed, the following calculation and Housing plan has been reviewed with the County Housing Director as the basis for purchase of Fox Hollow Affordable Housing credits, the sale of which helps to subsidize the land and development costs of the Habitat for Humanity site at Fox Hollow- an affordable housing project in Edwards. The calculation for 30 percent of total net square feet of new residential housing is as follows: Maximum Square Footage of McCoy Creek Cabins: 28,500 sq. feet (2 duplex residences (4 dwelling units) totaling 10,000 square feet each and 1 single family home totaling 8,500 square feet). "Grossed Up" square footage: 40,714 sq. feet (28,500/.7) Total Net Square Feet: 12,214 sq. feet (40,714 x .3) Total Affordable Housing Unit Credits: 12.86 (12,214/950) 200810847 19 of 35 • As agreed to with Eagle County, the developer will fulfill the project's housing mitigation requirement as follows: 1. The Developer shall purchase 24 Fox Hollow Affordable Housing Credits ("Credits"). The purchase of this quantity of housing credits is technically double the amount of credits required to be purchased. 2. The Developer shall purchase 20 Credits at $20,833.33 per Credit at the time of final plat approval. 3. The Developer shall purchase an additional 4 Credits upon final inspection for the occupancy of the second building permit at the McCoy Creek Cabins PUD development. 4. Ms. Pinney has agreed to pay Habitat for Humanity$12,500 for each of the 24 Credits sold. Habitat for Humanity shall then repay the County $300,000 as provided for in the grant agreement with the County. This donation reflects the mitigation for 28,500 square feet of market-rate, large lot residential construction, which generates the need for 13 affordable housing units (12,214 square feet) under the new and not-yet adopted Housing Guidelines, or approximately$38,461 per affordable unit (or$100,000 per market rate unit proposed). • A copy of the signed agreement between Developer (Ron Reynolds), Fox Hollow LLC, and Habitat for Humanity is attached to this Housing Plan for reference. Finally, the Developer has agreed to pay an additional dedication of $250,000.00 of funding to Eagle County's Housing program. The total payment shall be upon the issuance of the first building permit for each lot (Lots 1, 2 and 3), and as such, is equal to a one time payment of $83,333.33 for each permit issued. The specific mechanism of this additional payment shall be specified on the approved Final Plat for McCoy Creek Cabins. • 200810847 20 of 35 AFFORDABLE HOUSING Alex Potente • Managing Director Phone:970-328-8770 Fax:970-328-8787 E-mail:housing @eaglecounty.us www.eaglecounty.us EAGLE COUNTY VIA E-MAIL PDF April 15,2008 Jena Skinner-Markowitz Planner Eagle County Community Development Dear Jena: I have met with the McCoy Creek Developer,Ron Reynolds and his planner,Tambi Katieb of the Land Planning Collaborative,as well as Evelyn Pinney,the Managing Director of Fox Hollow LLC. Messrs. Reynolds and Katieb have offered the following to fulfill the project's housing mitigation requirement,as reflected in the attached letter: 1) Purchase of 24 Fox Hollow Affordable Housing Credits("Credits"). 2) Mr. Reynolds shall purchase 20 Credits at$20,833.33 per Credit at the time of final plat approval. 3) Mr. Reynolds shall purchase an additional 4 Credits upon final inspection for the occupancy of the sec- ond building permit at the McCoy Creek development. • 4) Mr. Pinney has agreed to pay Habitat for Humanity$12,500 for each of the 24 credits sold; Habitat shall then repay the County$300,000 as provided for in the grant agreement with the County. This donation reflects the mitigation for 28,500 sq. ft.of market-rate, large-lot residential construction,which generates the need for 13 affordable units(12,214 sq.ft.)under the new and not-yet-adopted Housing Guide- lines,or approximately$38,461 per affordable unit(or,viewed differently$100,000 per market-rate unit). The purchase of housing credits is technically double the amount of credits required to be purchased,al- though they are only a fraction of the dollar value of the in-lieu of payment that would be required under the proposed Eagle County Local-Resident Housing Guidelines and Administrative Procedures. I support this proposal for the following reasons: 1) The proposed Eagle County Local-Resident Housing Guidelines have not yet been adopted,but the applicant has voluntarily agreed to attempt to comply with them; 2) The Credits purchased technically exceed the mitigation required; 3) Under the Housing Guidelines currently in effect,the in-lieu of payment for five units would be ap- proximately$244,500,or less than half what the applicant has proposed to pay for the purchase of the Cred- its. Sincerely, Alex Potente • Eagle County Housing Department, PO Box 850,Eagle,CO 81631 200810847 21 of 35 Apr 04 2008 9: 17AM Berthel Fisher and Co 970-926-0421 p. 1 RECEIVED `' FOX HOLLOW LLC APR 15 2000 ELE COUNTY April 2008 COMMUNITY DEVELOPMENT Mr.Alex Potente � . Eagle County Housing Department /1 ,A PO Box 179 r ' Eagle,CO 81631 Re: McCoy Creek Cabins!Sale of Affordable Housing Credits Deer Alex Per our recent meeting with you and 1r Ron Reynolds,developer for the McCoy Creek Cabins,Fox Hallow LLC has agreed to sell 24 Fox Hollow Affordable Housing Credits to Ron Reynolds. It is proposed that this purchase and sale of housing credits vial satiety the Eagle County affordable housing requirements for the McCoy Creek project. The price for these credits will be$20,833.33 per credit,fora total purchase price of $600,000. The purchase price for 20 of the housing credits shall be due and payable by the McCoy Creek developer at the time of final plat approval and recording of the Mal plat. Payment for the remaining four credits shall be due and payable upon final inspection for occupancy ncy of the second budding permit at the McCoy Creek development. Additionally,from this$500,000 purchase price,Fax Hallow LLC agrees to pay Habitat for Humanity of Eagle end Lake Creek Counties('Habitat')a total sum of 8300,000,or$12,500 for each of the 24 credits sold. . Payment from Fox Hollow, LLC to Habitat shall occur when Fax Hollow,LLC receives payment for the credits. on a per-credit basis. This payment naprrlssrts a reimbursement of a portion of the purnlMM price for the Habitat for Humanity site at the Fox Hollow PUD,as required by Section 6.1 of the Purchase Agreement, executed March 11,2008 between Hab7st for Humanly and Fox Hollow LLC. Habitat for Humanity vii then forward this$300800 to Eagle County an pert of its grant agreement with Eagle County. This agreement applies only to this transaction,and in no wry binds Fox Hollow LLC to a similar agreement with any future developers. Please feel free to contact me with any questions you raw have. Sincerely, Agreed to by: • Evelyn ney ►.:. -- Managing F low LLC Dale:Date: eynoide 0 • Accepted by and Agreed to: Habitat for Humanity of Eagle and Lake Counties By: t Date: • UUU Titre: ', ..mmmmulm. F.o.box 15,96 wail--cc±lorada S 1 658-1596 phone:970-5'26-09 i 8 Fax:97O-926-0421 • 200810847 22 of 35