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HomeMy WebLinkAboutR15-084 Anglers PUD and Zone Change vvla..aUfak Commissioner I- 1k-g--t • �n moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2015 - fit RESOLUTION TO APPROVE THE ANGLERS PLANNED UNIT DEVELOPMENT (PUD)AND ZONE CHANGE FILE NO(s). PDSP-5321 AND ZC-5322 WHEREAS, on or about January 28, 2015, the County of Eagle, State of Colorado, accepted for filing an application(File No(s). PDSP-5321 and ZC-5322) submitted by Anglers, LLC (hereinafter the"Applicant") for approval of a Planned Unit Development(hereinafter the "PUD") for the parcel designated as APN 2105-044-00-002 located on Miller Ranch Road(the "Property"); and WHEREAS,the Applicant is proposing to build a nine(9) single family residential development on the Property; and WHEREAS,notice of the proposed PUD and Zone Change was mailed to all owners of property 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 meetings 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 its regular public meeting held on August 5, 2015, the Planning Commission,based upon its findings, unanimously recommended Approval of the proposed PUD with conditions; and WHEREAS, on August 25, 2015, the Board conducted a site visit to the Property; and WHEREAS, at its regular public meeting held on August 25, 2015,the Board considered the proposed PUD, Zone Change, requests for variations to improvement standards, requests for variations to dimensional limitations,the statements and concerns of the Applicant, the Eagle County Community Development Staff, other interested parties, and the recommendation of the Planning Commission; and WHEREAS, at its regular meeting on August 25, 2015, the Board voted unanimously to approve the PUD, the Zone Change and the Applicant's requests for variations to improvement Eagle County, CO 201518710 Teak J Simonton 10/02/2015 Pgs: 26 11:01:07 AM REC: $0.00 DOC: $0.00 standards and to dimensional limitations, with conditions as set forth below, and authorized the Chair to sign on its behalf the foregoing resolution evidencing such approvals; and 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 Community Development Department, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties and the Staff Report, 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. 2. That all standards required for PUD and Zone Change and the granting of variations to improvement standards and to dimensional limitations in the Resource Zone District have been met as required by the Eagle County Land Use Regulations. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD and Zone Change described herein and in Eagle County File No(s). PDSP-5321 AND ZC-5322,be and is hereby approved, subject to 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 meeting shall be adhered to and considered conditions of approval. 2. For purposes of calculation of the fee-in-lieu of school land dedication, the determination of land value is to be done in accordance with the provisions of the County's Land Use Regulations and the land valuation and amount of the school land dedication shall be determined prior to or as a part of the final plat process. 3. The developer of the Anglers PUD (the"Developer") is responsible for construction and maintenance of all improvements for the Anglers PUD including,but not limited to, roadway improvements and traffic control devices. The Developer is responsible for the construction,but not the maintenance of the Access Road and the Parking Lot described in Condition#8 below, and as set forth in the Easement Agreement attached as Exhibit B pursuant to Condition#7). 4. The owner of the Property shall grant an emergency access easement to align with the platted emergency access easement depicted on the Final Plat for Miller's Creek PUD, recorded at Reception No. 665173,prior to approval of the Final Plat for Anglers PUD. The Anglers PUD emergency access easement shall be depicted on the Final Plat for Anglers PUD. The Developer shall construct and maintain within that emergency access easement a gated access road to accommodate the Eagle River Fire Protection District's emergency service vehicles. The materials to be used for construction of the access road and the width of the access road shall meet the specifications of the Eagle River Fire Protection District. The Developer shall confer with the Eagle River Fire Protection District to determine the width of the access road, the materials to be used in construction 2 of the access road and the type of Knox Box and gate to be used between the Miller's Creek PUD and Anglers PUD developments prior to construction of the access road. 5. The Developer will submit complete designs for roadways and sidewalks within Anglers PUD simultaneously with the application for the Final Plat for Anglers PUD. The Eagle County Engineer will determine if the sidewalk easements are adequate prior to approval of the Final Plat for the Anglers PUD. The Developer or HOA shall have the option, in its discretion, to install sidewalks within such sidewalk easements. 6. As more fully described in the Access Easement attached hereto as Exhibit B, the Developer shall construct at its sole expense and to County specifications a three space parking lot(the"Parking Lot") on a portion of the adjacent Berry Creek/Miller Ranch PUD Open Space parcel (hereinafter the"Open Space Parcel"),which is owned by Eagle County. The Parking Lot shall be constructed at the earlier of(a) the issuance of the ninth building permit of the Anglers PUD; or(b) twenty-four months after the issuance of the first building permit of the Anglers PUD. The legal description of the Open Space Parcel shall be set forth on the attached Exhibit A upon being surveyed. The location of the Parking Lot, the plans for the Parking Lot and the materials to be used in construction of the Parking Lot shall be approved by the Eagle County Engineer, the Eagle County Open Space Director and the Eagle County Planning Commission prior to approval of the Final Plat for Anglers PUD. 7. The owner of the Property shall grant a public access easement across the eastern most portion of the Property for ingress and egress to the Open Space Property and for the recreational use and enjoyment of the public in the form attached hereto as Exhibit B (the "Access Easement"). The Access Easement shall also be depicted on the Final Plat for Anglers PUD. The Access Easement shall be executed by the owner of the Property prior to approval of the Final Plat for Anglers PUD. 8. As more fully described in the Access Easement attached hereto as Exhibit B, the Developer shall construct an access road within the Access Easement starting at the southern edge of the entrance road for the Anglers PUD and continuing south to the Parking Lot described in Condition#6 (the"Access Road"). The Access Road shall be constructed to County specifications at the Developer's sole expense. The location of the Access Road, the plans for the Access Road and the materials to be used in construction of the Access Road shall be approved by the Eagle County Engineer and the Eagle County Open Space Director prior to approval of the Final Plat for Anglers PUD. The Access Road shall be constructed at the earlier of(a) the issuance of the ninth building permit of the Anglers PUD; or(b)twenty-four months after the issuance of the first building permit of the Anglers PUD. 9. A Public Improvements Agreement shall be executed at the time of approval of the Final Plat for the Anglers PUD for work associated with the improvements for Anglers PUD, including but not limited to the roadway improvements, traffic control devices, the Parking Lot and the Access Road. The Developer shall provide collateral in the form of a letter of credit acceptable to the County Attorney's Office in the amount of the estimated cost of construction of said improvements. 10. The Applicant, its designee, the Developer, or the owner of the Property shall cause the Property to be cleared of all nonconforming uses within nine (9)months from the date of approval of the PUD, and no later than May 25, 2016. 3 11. The owner of the Property shall grant a sportsman easement to Eagle County on that part of the Property which encompasses the northern portion of the Eagle River bottom from the surveyed southern boundary of the Anglers PUD Property in the Eagle River to the high water mark of the Eagle River. The sportsman easement shall be for the benefit and use of the public for fishing and rafting the Eagle River, including standing on the river bottom as it traverses through the surveyed boundary of the Anglers PUD Property. No member of the public shall have any right to access such sportsman easement across any other Anglers PUD Property. The sportsman easement shall be granted prior to approval of the Final Plat for Anglers PUD and shall be depicted on the Final Plat for Anglers PUD. The Applicant acknowledges that the portion of the Eagle River bottom from the center of the Eagle River to the south is private property owned by Riverstone Subdivision, as depicted in the Amended Final Plat for Riverstone, at Reception No. 881628, and is not subject to use by the public under said sportsman easement. 12. Within three months of completion of construction of the Parking Lot on the Open Space Parcel in accordance with Condition#5 above, the Developer shall have a sign created and installed, at its expense, which visually depicts at a minimum a survey accurate map of the Anglers PUD sportsman easement relative to the Riverstone PUD property. The Developer shall cause the sign to be installed on the Open Space Property. The sign shall state that the south portion of the Eagle River bottom is private property and that users of the Anglers PUD sportsman easement shall remain within the easement area. The Developer or the resulting homeowners association for Anglers PUD shall reimburse the County for annual maintenance of the sign upon receipt of an invoice for the same. The Developer shall consult with the Eagle County Open Space Department regarding the size, design and location of the sign prior to installation of such sign by the Developer. The sign shall be double-sided, so as to be visible from the Eagle River and the parking lot on the Open Space Parcel. 13. The Developer shall adhere to one of the two following options to satisfy the Eagle County Affordable Housing Guidelines: (1) all nine lots in the Anglers PUD shall be subject to the Eagle County's "Resident Occupied For Sale Housing" deed restrictions, including a 0.67% (two-thirds of one percent)transfer fee for"non-Eligible Households" (as the terms "Resident Occupied For Sale Housing" and "non-Eligible Households" are defined in the Eagle County Affordable Housing Guidelines and Administrative Procedures) as amended on May 14, 2014. These deed restrictions shall be for a term of 50 years with an extension of an additional 50 year period subject to Board of County Commissioners approval; or(2)the Developer shall provide enough affordable housing credits to satisfy Eagle County's affordable housing requirements,pursuant to the provisions of the Eagle County Affordable Housing Guidelines and Administrative Procedures as amended on May 14, 2014. These credits shall be provided to the County prior to the Developer receiving a building permit for any lot on the PUD Property. 14. The Planned Unit Development(PUD) Guide is attached hereto as Exhibit C. 4 THAT, the Board 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. ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado on 5e�. t� 2-1 2015, nunc pro tunc the 25th day of August, 2015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS cf " ATTEST: ; .� ci / * � � z / l ' ,� BY: �. — ii ri•'i''+ '.'." By: •/ Lj/ ��I Teak J. Simonton °A^Do Kath!Chandler-Henry, Chair Clerk to the Board of County Commissioners IM`Lc v k x-t—• n Commissioner ,f, seconded approval of the PUD, Zone Change and associated variation requests. The roll having been called,the vote was as follows: Commissioner Kathy Chandler-Henry 1,d-k• Commissioner Jillian H. Ryan 4' Commissioner Jeanne McQueeney . `' Approval of the PUD , Zone Change and associated variation requests passed by J 0 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 5 EXHIBIT A LEGAL DESCRIPTION OF OPEN SPACE PROPERTY 6 BERRY CREEK/MILLER RANCH "EXHIBIT A" EXHIBIT "A" October 2, 2015 LEGAL DESCRIPTION That part of TRACT J, BERRY CREEK / MILLER RANCH PLANNED UNIT DEVELOPMENT, a subdivision located in Sections 3, 4, and 5, T5S, R82W of the 6th F.M., recorded June 25, 2002, as Reception No. 799649 of the records of Eagle County, State of Colorado, according to the recorded plat thereof, lying Easterly of the following described line: COMMENCING at the South Quarter Corner of said Section 4 which the Southeasterly corner of said Section 4 bears South 89 degrees 01 minutes 27 seconds East, 2698.18 feet (Basis of Bearing), thence North 77 degrees 30 minutes 04 seconds East, 2135.51 feet to the Southerly right-of-way line of the Denver Rio Grande Western Railroad also being the Northwesterly Corner of said Tract J said subdivision recorded in Reception No. 799649; thence South 19 degrees 59 minutes 25 seconds East, 73.84 feet along the Westerly line of said Tract J to the TRUE POINT OF BEGINING of the parcel to be herein described; Thence along the Northerly Line said Tract J South 77 degrees 55 minutes 35 seconds West, 149.00 feet to an angle point in said Tract J; Thence along the Westerly Line said Tract J South 13 degrees 51 minutes 25 seconds East, 110.20 feet to an angle point in said TRACT J; Thence along the Southerly Line of said Tract J North 75 degrees 36 minutes 35 seconds East, 159.94 feet to a Westerly Line of said TRACT J; Thence leaving the Westerly Line of said Tract J North 19 degrees 53 minutes 36 seconds West, 104.66 feet to the TRUE POINT OF BEGINING. Area= 0.350 acres,more or less. (SEE EXHIBIT"A"MAP) 77 0 D_ rn ---- r------"---.45?- z -RI)U) \Z- zin-lo Z xD ppmr O c c NI O O O yom 2 m A • - � cNDD(/),- �` D rn —I ot CO m zoZ � No O \I0 v rnm> . o m .vi 0 \ =z�m mm D O -W 0 x, `Xiv z el m\ �mmv z D rn� 1,2 °o� Z ` r *-0 a.,,,,. 11'ooZ • \ D I-71 �Dx • 3.,10,91.ZOS - (i or) \ m 1 n 2 oz Z A U; \ O ui o • o W I ,G. %.S ' \ N 3,51,6. Z m z N.�s QV N Zoo \ CD - .J )Z . , wW /� -modX .1P -1 \ iv o? 2 0 Oci 6� N� n O-n ' �, 0 td ilk S 258.2 9"W t^\ \ + 9g'�'0 5' �S m 6 z 1n.. _.w1�+CiZ+. EXHIBIT B FORM OF ACCESS EASEMENT 7 ACCESS EASEMENT THIS ACCESS EASEMENT ("Easement Agreement") is made as of this day of , 2015 ("Effective Date"), between ("Grantor"), whose address is and County of Eagle, State of Colorado, whose address is P.O. Box 850, Eagle, CO 81631 ("Grantee") (individually a"Party,"or collectively the"Parties"). WHEREAS, Grantor is the owner of that certain real property commonly known as the Anglers PUD property and as legally described on Exhibit A, attached hereto and incorporated herein by this reference ("Anglers PUD Property"); WHEREAS, Grantee is the owner of that certain real property adjacent to the Anglers PUD Property and as legally described on Exhibit B, attached hereto and incorporated herein by this reference ("Open Space Property"); and WHEREAS, the Parties desire to provide for a public access easement across a portion of the Anglers PUD Property for ingress and egress to the Open Space Property for the recreational use and enjoyment of the public. NOW THEREFORE, in consideration of Ten and no/100 Dollars ($10) and other good and valuable consideration, the payment, receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Access Easement: Grantor hereby grants to Grantee, subject to the conditions and limitations of this Easement Agreement, a non-exclusive, perpetual easement across the eastern most part of the Anglers PUD Property, consisting of an area the boundary of which begins at Miller Ranch Road and continues for a distance not to exceed 125 feet in length along the entire width of the entrance road to be constructed for the Anglers PUD and extending south to the boundary of the Open Space Property, as generally depicted on Exhibit C, attached hereto and incorporated herein (the "Access Easement"). Within the Access Easement, the developer for the Anglers PUD (the "PUD Developer") shall construct an access road starting at the southern edge of the entrance road for the Anglers PUD and continuing south to a three-space parking lot (the "Access Road") to be constructed by the PUD Developer on the Open Space Property (the "Parking Lot"). The Access Road and that portion of the entrance road for the Anglers PUD that is subject to this Easement Agreement shall be made available to and are for the benefit of the public for pedestrian and vehicular ingress and egress to the Open Space Property and the Parking Lot, for passive low-impact recreational purposes and for use by the County for maintenance and management of the Open Space Property. This Easement Agreement shall in no way limit or restrict the uses permitted on the Open Space Property pursuant to the Berry Creek/Miller Ranch PUD Guide or as otherwise may be permitted by applicable law. Notwithstanding the foregoing, Grantee may enlarge the size of the Parking Lot in the future, at Grantee's sole expense, to accommodate a total of six parking spaces. Should Grantee desire to expand the size of the Parking Lot beyond six parking spaces, Grantee shall obtain the prior written consent of the Grantor to utilize the Access Easement and the Access Road for access to such expanded Parking Lot. 2. Construction of Access Road and Parking Lot: The parties acknowledge that the PUD Developer shall construct the Access Road and the three-space Parking Lot to County specifications at its sole expense. The PUD Developer shall submit construction plans for the Access Road and the Parking Lot to the County for review and approval simultaneously with the application for the Final Plat for the Anglers PUD. The exact location of the Access Road and the Parking Lot, the construction plans for the Access Road and the Parking Lot and the materials to be used in construction of the Access Road and the Parking Lot shall be approved by the Eagle County Engineer and the Eagle County Open Space Director prior to approval of the Final Plat for the Anglers PUD. Construction of the Access Road and the Parking Lot shall occur at the earlier of(a) the issuance of the ninth building permit of the Anglers PUD; or(b) twenty-four months after the issuance of the first building permit of the Anglers PUD. At such time, if the PUD Developer can demonstrate that the location of the Access Road and the Parking Lot are in compliance with all Eagle County Site Development Standards and there remains sufficient access for maintenance and repair, then the 125 foot Access Easement may be reduced accordingly(but not reduced to a length less than 75 feet). Following review and approval of the construction documents for construction of the Access Road and Parking Lot, Grantee shall develop a legal description of the Access Easement and such legal description shall be attached to this Easement Agreement as Exhibit D. 3. Maintenance: Following completion of construction of the Access Road and Parking Lot and expiration of any warranty period, repair and maintenance of the Access Road and Parking Lot shall be performed by Grantee. Grantee shall not be responsible for repair or maintenance of that portion of the entrance road for the Anglers PUD that is subject to this Easement Agreement. 4. Rights of Grantee: This Easement Agreement conveys the following rights to Grantee: a. Grantee may enter the Access Easement at any time to repair and maintain the Access Road and Parking Lot. To the extent practical, Grantee shall alert Grantor to the fact that repair and maintenance work is occurring. Repair and maintenance may include the addition to or removal of materials from the portion of the Access Road described herein, and the removal of rock or vegetation and mowing or cutting of vegetation. b. Grantee may install signs within the Access Easement area to mark the Access Road and to identify the Anglers PUD Property as being subject to this Easement Agreement, the size, number and location of which shall be subject to Grantor's prior reasonable approval. Grantee shall install a sign or signs within the Access Easement area stating that the Access Road is subject to a public access easement for public access through private property, and that all users must remain on the Access Road. 5. Rights of Grantor: Grantor shall have the rights accorded to the general public to use the Access Easement. 6. No Liability. Grantor shall have all of the protections available to it under Colorado law including limitations of liability pursuant to Title 33, Article 41 of the Colorado Revised Statutes. Grantee shall have all protections available to it under Colorado law and Grantee does 2 not waive or intend to waive the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 7. Insurance. At the time of recording of this Easement Agreement, Grantee agrees to obtain commercial general liability insurance ("CGL"), which policy shall provide for insurance consistent with the limits of liability under the Colorado Governmental Immunity Act. The CGL policy shall name Grantor, its successors and assigns, as an additional insured. Grantee shall provide Grantor, its successors and assigns, with evidence of such insurance and verification of payment of premiums therefor, upon any request therefor by Grantor. 8. Notice. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or(ii) two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or (iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. GRANTEE: Eagle County, Colorado 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8605 Facsimile: 970-328-8629 And a copy to: Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 GRANTOR: 3 And a copy to: 9. Governing Law. It is the intention of the Parties hereto that all questions with respect to the construction and interpretation of this Easement Agreement and the rights and liabilities of the Parties hereunder shall be determined in accordance with the laws of the State of Colorado. Venue shall be in the District Court of Eagle County, Colorado. 10. Annual Appropriations. All financial obligations of Grantee set forth in this Easement Agreement are subject to annual appropriation pursuant to C.R.S. § 29-1-110, as amended. 11. Entire Agreement. This Easement Agreement sets forth the entire agreement of the Parties with respect to the Access Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Access Easement, all of which are merged herein. 12. Captions. The captions in this Easement Agreement have been inserted solely for convenience of reference and are not a part of this Access Easement and shall have no effect upon construction or interpretation. 13. Assignment and Successors. Neither Grantor nor Grantee may assign any of its rights and obligations under this Easement Agreement to any other person or entity without the prior written permission of the other. Notwithstanding the foregoing, Grantee does not object to Grantor's assignment of this Easement Agreement to the HOA of the Anglers PUD. This Easement Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 14. Modifications. The Parties agree that any modifications of this Easement Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Eagle County, Colorado. 15. Severability. Whenever possible, each provision of this Easement Agreement shall be interpreted in such a manner as to be valid under applicable law; provided, however, if any provision of this Easement Agreement shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Easement Agreement. 16. Recording. This Easement Agreement shall be recorded in the records of Eagle County Clerk and Recorder's Office. 17. Warranty of Title. Grantor represents that it is the record owner of the Anglers PUD Property upon which the Access Easement area is located and that it has full power and authority to execute this Easement Agreement. Otherwise, Grantor makes no warranties as to the title of the easement conveyed. 4 IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves,have set their hands on the date first written above. GRANTOR: (signature) By: (name) Its: (title) STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2015,by Witness my hand and official seal. My commission expires: Notary Public 5 GRANTEE EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners By: Kathy Chandler-Henry Its: Chairman (title) STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2015,by Kathy Chandler-Henry, Chairman of the Eagle County Board of County Commissioners. Witness my hand and official seal. My commission expires: Notary Public 6 EXHIBIT A LEGAL DESCRIPTION OF ANGLERS PUD PROPERTY A Parcel of land situate in Section 4,Township 5 South,Range 82 West,of the Sixth Principal Meridian,County of Eagle,State of Colorado and being a portion of lands described in instrument recorded July 7,1971 as Reception No. 116636 in the Office of the Eagle County Clerk and Recorder,lying generally Northerly and within the Eagle River,and more particularly described as follows: Beginning at the Northeast corner of said lands described in instrument recorded as Reception No. 116636 being a point on the South line of the Railroad Right of Way;thence,and all bearings contained herein based upon,S19°59'25"E, 73.84 feet;thence S77°55'35"W,149.00 feet; thence S13°51'25"E,110.20 feet;thence N75°36'35"E,160.28 feet;thence S20°32'25"E,46.81 feet to a point on the Eagle River;thence within said Eagle River the following two (2) courses: 1) S70°06'55"W,385.85 feet;2) 569°50'32"W,283.11 feet;thence departing said Eagle River NO2°41'03"W,413.31 feet to said South line of Railroad Right of Way;thence upon said South Line N87°14'24"E,571.02 feet to the Point of Beginning. Containing 4.05 Acres more or less. EXHIBIT B LEGAL DESCRIPTION OF OPEN SPACE PROPERTY 8 BERRY CREEK/MILLER RANCH "EXHIBIT B" EXHIBIT `B" October 2,2015 LEGAL DESCRIPTION That part of TRACT J, BERRY CREEK / MILLER RANCH PLANNED UNIT DEVELOPMENT, a subdivision located in Sections 3, 4, and 5, T5S, R82W of the 6th P.M., recorded June 25, 2002, as Reception No. 799649 of the records of Eagle County, State of Colorado, according to the recorded plat thereof, lying Easterly of the following described line: COMMENCING at the South Quarter Corner of said Section 4 which the Southeasterly corner of said Section 4 bears South 89 degrees 01 minutes 27 seconds East, 2698.18 feet (Basis of Bearing), thence North 77 degrees 30 minutes 04 seconds East, 2135.51 feet to the Southerly right-of-way line of the Denver Rio Grande Western Railroad also being the Northwesterly Corner of said Tract J said subdivision recorded in Reception No. 799649; thence South 19 degrees 59 minutes 25 seconds East, 73.84 feet along the Westerly line of said Tract J to the TRUE POINT OF BEGINING of the parcel to be herein described; Thence along the Northerly Line said Tract J South 77 degrees 55 minutes 35 seconds West, 149.00 feet to an angle point in said Tract J; Thence along the Westerly Line said Tract J South 13 degrees 51 minutes 25 seconds East, 110.20 feet to an angle point in said TRACT J; Thence along the Southerly Line of said Tract J North 75 degrees 36 minutes 35 seconds East, 159.94 feet to a Westerly Line of said TRACT J; Thence leaving the Westerly Line of said Tract J North 19 degrees 53 minutes 36 seconds West, 104.66 feet to the TRUE POINT OF BEGINING. Area= 0.350 acres, more or less. (SEE EXHIBIT `B"MAP) AINflOD 31 a 3a m•:MMmw 91-06.-33 :aanasi 6901-SZE 0L6 XVd 095E-9Zeoc6 OOVLOlOo'S021tlMa3 ir 1E9LB W•310M3 MZ821 141'4 N01103S 7,',,* AVMOVOa8 005'059 X09•O'd 1N3W121tld30 ONI2133NION3 A1N000 310tl3 - Noisin3a 31V0 ON .8..L8IHX3-30tldS N3d0 (lobRll H3Nt21213"" 1W/�33 ZI3 A212138 • • — . 3 p O 1.7-- ;f;?. N O•b N Z o N m it_ • \ � W �3 ti) W• r • 2 Fa� Z N CL 0 I p woo ' rzl (A pV1 UUI N 6 , dU Oa J JF NNH y ce Q F-.W^a OU 9 Q.Q, �w in O C05 QU s � 01iN K�Q El_W NOD 0• )-arX •,Ee •• � ,‘I____ 0 WZCe O O I • 10 •l N I jON�iI * a0 • •in Q W rn Ni- VIOL+ �0 O• °f z M Q ' °'� •acv II • \Tr, I S03"00'35"E I 0 c. " 90.92' I �10 • /5' "men�� 1\6�j'�� 7- a OF �e''6�91 owi n 0 ,``� to k.'''''c A\ 1tk11'�O� `0' �� ,cNy O 0_^ co• Q 0.Zacs,•.$RO�06 p1,4 C �o Z Lo Ea 0 in z 3 3.6S,Z0.LON ui •4•�G ,`ti ,a2....• g1 VI I v o w• no, •X226"`N �• mZ M�°• LL9-0c1 �0 p12�5 p0 s� 6 Z ON m o '9S9-H9 Mo ^Ea19.`'3�6"W. ,.SO sS N. 3`9�Og9ON co • EXHIBIT C GENERAL DEPICTION OF ACCESS EASEMENT • Access • Easement pcc Ease rnertt ___-- Open Space Anglers PUD Property Property 9 EXHIBIT D LEGAL DEPICTION OF ACCESS EASEMENT(to be attached prior to Final Plat approval) 10 ■ EXHIBIT C PUD GUIDE Anglers PUD PUD Guide A. Specific Development Standards of the Anglers PUD: This planned unit development guide ("PUD Guide") defines specific development standards for the Anglers PUD. The specific standards of this PUD Guide shall supersede any conflicting standards of the Eagle County Land Use Regulations ("ECLUR"). B. Purpose of the Anglers PUD Guide: Building permits or other similar permits for development within the Anglers PUD should be reviewed in advance for conformance with the specific standards of this PUD Guide. C. Effective Date: The effective date of this PUD Guide is t u S Z5; Zo l S ("Effective Date"). D. Planning Area Standards: The Anglers PUD consists of the following planning areas A, B, C and D ("Planning Areas") as generally depicted below, and as formally delineated on the Anglers PUD final plat, Eagle County Clerk and Recorder reception# ("Final Plat"). Planning Area A 8 9 Common Area Planning Area B Area A 1-9 1 3 Homesites Area B 2 49 *KA Planning Area C •' 5 4 -• ,00 Stream Setback 6 Planning Area D River Area D- a) R,Is 1. Planning Area A—Common Area: (a) Area Description: Planning Area A consists of the common areas and road right-of-way of the Anglers PUD. (b) Permitted Uses: Pursuant to the Community Standards, the following uses shall be permitted within Planning Area A: - Private Roadway Right-Of-Way and Ingress/Egress Access, Signage, Lighting, Landscaping, Fencing/Berming, Community Entrance Gate, Emergency Access Gate, Wildlife, Snow Removal, Drainage, Utilities, and Solar. 2. Planning Area B—Single-Family Residential Homesites: (a) Area Description: Planning Area B consists of the nine(9)homesites of the Anglers PUD. (b) Permitted Uses: Pursuant to the Community Standards, the following uses shall be permitted within Planning Area B: - Each of the nine (9) homesites may contain one single family dwelling per homesite, for a maximum total of nine(9) single family dwelling units for the Anglers PUD. - Additional ancillary uses include Signage, Lighting, Landscaping, FencingBerming, Wildlife, Snow Removal, Drainage, Utilities, and Solar. - Accessory dwelling units or ADUs are not permitted. (c) Dimensional Limitations: - Minimum Lot Size: Land Use Summary Parcel Area Use Address Lot 1 0.17 acres Single Family TBD Anglers Way Lot 2 0.15 acres Single Family TBD Anglers Way Lot 3 0.15 acres Single Family TBD Anglers Way Lot 4 0.15 acres Single Family TBD Anglers Way Lot 5 0.16 acres Single Family TBD Anglers Way Lot 6 0.16 acres Single Family TBD Anglers Way Lot 7 0.16 acres Single Family TBD Anglers Way Lot 8 0.28 acres Single Family TBD Anglers Way Lot 9 0.28 acres Single Family TBD Anglers Way - Maximum Floor Area: 4,250 square feet. The calculation of maximum floor area shall exclude any enclosed garage and below-grade basement (including the exclusion of any walkout basements). - Minimum Front Yard Setback: 15 feet. - Minimum Rear Yard Setback: 7.5 feet (note—the minimum rear yard setback does not apply to Lots 1 thru 7 due to the application of the minimum stream setback). - Minimum Side Yard Setback: 7.5 feet; provided the east side yard setback of Lot 1 and the west side yard setbacks of lot 7 and lot 8 shall be 10 feet. - Minimum Stream Setback: Please see the stream setback as provided for in Planning Area C, below. - Maximum Building Height: 35 feet. - Parking: Each developed homesite must include a minimum of two (2) enclosed garage parking spaces and an additional minimum of two (2) uncovered spaces (which may be located in front or along side of the garage, and within a front/rear yard setback). - Measurement: Maximum Building Height (excluding chimneys and flues) shall be measured vertically at any given point along the sides of the building to the midpoint between the eave line and the peak of the main roof form. The average of the combined heights of all sides of the building shall not exceed the maximum specified height. Setbacks shall be measured to the face of building, excluding roof overhangs that do not exceed twenty-four (24) inches deep. 3. Planning Area C—Stream Setback: (a) Area Description: Planning Area C consists of the stream setback, of which the component parts are: - Primary Stream Setback: The primary stream setback is 50 feet measured from the high- water mark of the Eagle River, as delineated on the Final Plat. - Secondary Stream Setback: The secondary stream setback is between an additional 12.5 feet and 20 feet beyond the primary stream setback, as delineated on the Final Plat. (b) Permitted Uses: The following uses shall be permitted within Planning Area C: - Primary Stream Setback: The primary stream setback shall exist predominantly in its natural habitat,provided: • Restorative and erosion prevention grading is permitted within the primary stream setback to restore a more naturally gradual grade between the terrace above and the hillside transition to the Eagle River below, and to decrease the velocity of erosion- causing runoff Notwithstanding, such restorative and erosion prevention grading is limited to occurring within the furthest, or northern most, 10 feet of the primary stream setback. • Rejuvenation of the natural habitat is permitted, including restoration of natural grasses, shrubs and trees, removal of manmade accumulated debris, and removal of overhead electrical/utilities. • Drainage is permitted(pursuant to the Anglers PUD drainage plan). • Underground Utility installation and maintenance is permitted. • Home structures, foundations, decks, patios and non-native landscaping (e.g., irrigated Kentucky blue grass or other non-native landscaping) are prohibited. - Secondary Stream Setback: • Restorative and erosion prevention grading is permitted within the secondary stream setback to restore a more naturally gradual grade between the terrace above and the hillside transition to the Eagle River below, and to decrease the velocity of erosion- causing runoff • Grading for walkout basements is permitted. • Rejuvenation and periodic maintenance of the natural habitat is permitted, including restoration of natural grasses, shrubs and tress, removal of manmade and natural accumulated debris, removal of overhead electrical/utilities, tree and brush trimming and pruning. • Drainage is permitted(pursuant to the Anglers PUD drainage plan). • Underground Utility installation and maintenance is permitted. • Fencing/Berming is permitted. • Home structures and foundations are prohibited, provided outdoor living space and permeable decks and patios are permitted. • Non-native landscaping (e.g., irrigated Kentucky blue grass or other non-native landscaping) within the secondary stream setback is limited to no more than 250 square feet per lot. 4. Planning Area D—River: (a) Area Description: Planning Area D consists of the area below the high water mark of the Eagle River as it traverses the Anglers PUD. (b) Permitted Uses: Planning Area D shall exist in its natural habitat, provided rejuvenation of the natural habitat is permitted, including restoration of natural grasses, shrubs and trees, removal of manmade debris, removal of overhead electrical/utilities. Non-native landscaping (e.g., irrigated Kentucky blue grass or other non-native landscaping) is prohibited. E. Community Standards: The described uses of Planning Areas A and B are subject to the following additional standards ("Community Standards"): 1. Signage: (a) Project Entry Monument and Sign: A project entry monument and sign shall be limited in quantity to one, located at the entrance to the community on the east side of the Anglers PUD and shall not exceed thirty-two (32) square feet in size and the maximum height shall not exceed eight(8) feet. (b) Residential Identification Signage: Residential identification signage shall be limited to one per dwelling unit and individual letters/numbers shall not exceed six(6) inches in height. (c) Directional Signage: Signs shall be allowed throughout the Property where necessary to provide direction to residents and guests, provided such directional signs shall be limited in size to four (4) square feet and limited in quantity to four(4). (d) Other Allowed Miscellaneous Signs: Standard temporary or permanent signage erected by a public entity or utility is permitted. In addition, limited temporary signage approved in advance by the HOA may also be permitted. 2. Lighting: All exterior lighting within the Anglers PUD shall be directed downward or be shielded. 3. Landscaping: The common area landscaping of the Anglers PUD shall be maintained by the HOA. The minimum landscaping requirements per developed homesite are: (a) Two (2) coniferous trees Minimum size—6' to 8' (b) Four(4) deciduous trees Minimum size—2"caliper (c) Six(6) shrubs Minimum size— 5 gallon Any irrigated areas within the Anglers PUD shall be initially landscaped with sufficiently deep topsoil to permit deep root growth. 4. Storage: Trailers, campers (whether on a truck or one which can be towed), snowmobiles, boats, other recreational equipment, snow removal equipment, and other similar equipment shall be stored inside the residence or its garage. Outside storage of this or similar equipment is prohibited. 5. Fencing/Berming: A community perimeter fence/berm is permitted. 6. Community Entrance Gate: A community entrance gate is permitted. 7. Emergency Access Gate: Parking in the driveway of the emergency access gate is prohibited at all times. The emergency access gate shall be kept clear of snow and shall not be used for snow storage so as preclude emergency access. 8. Wildlife: All domestic pets within the community must be restrained when outside of the units. Garbage disposal precautions shall conform with standard best practices and Eagle County rules and regulations to limit access to bears and other wildlife. 9. Snow Removal: The community driveway of the Anglers PUD is a private road and the maintenance thereof, including snow removal, shall be the responsibility of the HOA. 10. Drainage: Drainage is permitted(pursuant to the Anglers PUD drainage plan). 11. Underground Utility: Underground Utility installation and maintenance is permitted. 12. Solar: Solar is permitted. F. Homeowners Association: A homeowners association or other similar governing body ("HOA") shall be created and may impose additional restrictions and limitations on the Anglers PUD.