HomeMy WebLinkAboutR05-016 Approval of Amended PUD for Adam's Rib Frost Creek & Salt Creek PUD PDA-00056
II II II II 111I11I~~1II111 ~~~~~~1 -tlA:
02/11/2005 11:59A ?J~
Teak J Simonton Eagle, CO 370 R 0.00 o 0.00
commissioner~ moved adoption
of the folIo ng Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005-0/ ?
APPROV AL OF AN Al\fENDED PLANNED UNIT DEVELOPMENT FOR THE
ADAiVI'S RIB FROST CREEK & SALT CREEK
PLANNED UNIT DEVELOPMENT
FILE NO. PDA-00056
\VHEREAS, on or about September 28, 2004, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Kummer Development Corporation, a Delaware
Corporation (hereinafter "Applicant") to amend PUD Preliminary Plan for the herein described
property in Eagle County, File No. PDA-00056; and,
\VHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD)
Amendment which would allow the development as follows:
The PUD Amendment proposal modified the originally approved PUD application (File No.
PDSP-00016) as follows:
. To relocate 20 of the previously approved 21 Salt Creek Single-Family Residential
Lots to the Frost Creek property;
. To include 16 additional Single-Family Residential Lots which have not received
prior approval;
. To encompass an existing home and property, located at 6902 Brush Creek Road,
within the PUD boundary;
. To utilize five of the previously approved 30 Accessory Dwelling Units as 'Guest
Cottages' located near the clubhouse;
. The addition of one Accessory Dwelling Unit designated specifically for the one
Single-Family Residential Lot to remain on the Salt Creek property. Development
of this single family residence and accessory dwelling unit is subject to subsequent
Special Use Permit review and approval prior to any building permits being
issued;
. To allow an Equestrian Facility, Shooting Club and Training Center on the Salt
Creek property. These amenities are subject to subsequent Special Use Permit
review and approval prior to any building permits being issued
Page 1 of 9
The application states that these proposed alterations are necessary and would be
beneficial in order to protect the riparian and wetland areas on the Salt Creek property and
to avoid potential high water table, rock fall, slope stability, debris flow and sediment
yield hazards associated with the Salt Creek property.
The proposed new layout on the Frost Creek property mostly utilizes the same roadway
configuration originally established by filling in the open space between already approved
lots with the 20 relocated lots and 16 newly proposed lots. The only notable differences
include a new private road in the northwest comer ofthe Frost Creek property and a new,
longer road alignment to serve several of the relocated/new residential lots located in the
northernmost portion of the site.
The relocated/new residential lots have been situated so as to not encroach onto or into
the hillsides, riparian areas and wetlands open space found on the Frost Creek property.
Lots will range in size from 3.674 acres to 9.862 acres in area with one acre building
envelopes.
The golf course has also been modified to accommodate the additional residential density
on Frost Creek.
All other governing standards are proposed to carry forward and remain unchanged.
WHEREAS, at its public hearing held on: November 17,2004 the Eagle County Planning
Commission, based on its findings, recommended approval ofthe proposed PUD Amendment; and,
\VHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter
the "Board") of the County of Eagle, State of Colorado, on December 14, 2003;
\VHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the
unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments of public officials and agencies, the recommendation of the Planning
Commission, and comments from all interested parties, the Board of County Commissioners ofthe
County of Eagle, State of Colorado, finds as follows:
That proper publication and public notice were provided as required by law for hearings before the
Planning Commission and the Board; and,
Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of
a Preliminary PUD:
Unified ownership or control. [Section 5-240.F.3.e (1)J
The title to all land that is part of this PUD IS owned or controlled by one (1) person.
Page 2 of 9
Uses. [Section 5- 240.F.3.e (2)]
With the exception of the proposed Equestrian / Shooting Club / Training Center Facility, the
uses that may be developed in the PUD, as proposed ARE uses that are designated as uses that
are currently allowed, within the Adam's Rib Frost Creek and Salt Creek Planned Unit
Development. Future review and approval of a Special Use Permit will be required prior to
building permits being issued for the Equestrian / Shooting Club / Training Center Facility.
Dimensional Limitations. [Section 5- 240.F.3.e (3)]
All of the dimensional limitations proposed with this PUD Amendment ARE consistent with
those specified in the currently governing Adam's Rib Frost Creek and Salt Creek Planned Unit
Development.
Off - Street Parking and Loading. [Section 5- 240.F.3.e (4)]
It HAS been demonstrated that off - street parking and loading provided in the PUD complies with
the standards of Article 4, Division 1, Off - Street Parking and Loading Standards.
Landscaping. [Section 5- 240.F.3.e (5)]
Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2,
Landscaping and Illumination Standards.
Signs. [Section 5- 240.F.3.e(6)]
The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign
Regulations or have been modified in the PUD to meet the intent of providing appropriate
signage for the PUD.
Adequate Facilities. [Section 5- 240.F.3.e (7)]
As conditioned, the application HAS clearly demonstrated that the development proposed in the
Preliminary Plan for PUD will be provided adequate facilities for electrical supply, solid waste
disposal, fire protection, schools, and police and emergency provisions and roads;
Improvements. [Section 5- 240.F.3.e (8)]
It HAS been clearly demonstrated that the improvements standards applicable to the
development will be as specified in Article 4, Division 6, Improvements Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
Compatibility With Surrounding Laud Uses. [Section 5- 240.F.3.e (9)]
With proper buffering adjacent to the northern project perimeter of the Frost Creek property, the proposed
PUD Amendment will result in a development that IS compatible with the character of
Page 3 of 9
surrounding land uses.
Consistency with k/aster Plan. [Section 5-240.F.3.e (10)]
As conditioned, the proposed PUD IS consistent with the Master Plan, including, but not limited
to, the Future Land Use Map (FLUM).
Phasing Section 5-240.F.3.e (11)
A phasing plan IS NOT NECESSARY for this development.
Common Recreation and Open Space. [Section 5-240.F.3.e (12)]
The PUD HAS demonstrated that the proposed development will comply with the common
recreation and open space standards with respect to:
1. Minimum area;
2. Improvements required;
3. Continuing use and maintenance; or
4. Organization.
Natural Resource Protection. [ Section 5-240.F.3.e (13)]
The PUD Amendment DOES incorporate many elements designed to protect natural resources.
All anticipated referral responses have not been received as of this writing. Any forthcoming
referral agency comment pertaining to Natural Resource Protection Standards must be adequately
addressed by the applicant prior to approval.
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the
review of a Preliminary Plan for Subdivision:
Consistency with Master Plan. [Section 5-240.F.3.e (10)]
The proposed PUD Amendment will result in a development that IS compatible with the
character of surrounding land uses.
Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)]
As conditioned, this application WILL fully demonstrate that the proposed subdivision complies
with all of the standards of this Section and all other provisions of these Land Use Regulations,
including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4,
Site Development Standards.
Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)]
Based upon the approval of the existing PlJD, the proposed subdivision IS located and designed
to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or
require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of
development.
Compatible with Surrounding Uses. [Section 5-280.B.3.e (5)] With proper buffering adjacent to
the northern project perimeter of the Frost Creek property, the proposed PUD Amendment will result
Page 4 of 9
in a development that IS compatible with the character of surrounding land uses.
Initiation [Section 5-240.F.2.a.(8)] The Applicant HAS submitted a PUD Guide that
demonstrates that the requirements of this Section are fully met.
Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m Amendment to
Preliminarv Plan for PUD:
Amendment to Preliminary Plan for PUD [Section 5-240.F.3.m.] The proposed PlJD
Amendment (I) IS consistent with the efficient development and preservation of the entire
Planned Unit Development, (2) DOES NOT affect in a substantially adverse manner either the
enjoyment ofland abutting upon or across a street from the planned unit development or the
public interest, and (3) IS NOT granted solely to confer a special benefit upon any person.
NO\V, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofthe
County of Eagle, State of Coil ora do, in a unanimous vote:
THAT, the petition of Adam's Rib for a PUD Amendment, File No. PDA-00056, be and is
hereby approved for the following described property located in the unincorporated area of Eagle
County:
See Exhibit' A'
Attached hereto and thereby incorporated herein by reference
THAT, the application for approval of the PUD Amendment for the Adam's Rib Frost Creek
& Salt Creek Planned Unit Development be and is hereby approved, subiect to compliance with the
following conditions. This Resolution shall serve as an agreement binding the Adam's Rib Frost
Creek and Salt Creek Planned Unit Development to these conditions:
A. All material representations made by the applicant in submitted materials and in public
meetings shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
B. Based upon the original conditions of approval, the following conditions are still deemed
necessary:
1) At application for Final Plat, the applicant must provide a specific plan of
improvements to Brush Creek Road in order to maintain a level of service C that
is acceptable to the County;
2) Prior to Final Plat approval, the applicant should agree to participate in the
funding of a traffic signal at the intersection of Brush Creek Road / Bull Pasture
Road and Capitol Street;
3) Prior to Final Plat approval, the applicant should agree to a specific plan to
mitigate and or repair any damage to that portion of Brush Creek Road, agreeable
Page 5 of 9
to County Staffthat would be caused by increased heavy truck traffic in relation to
the development of the infrastructure with this development, as to be different
from increased heavy truck traffic that would be seen by building of homes.
C. Prior to recording the Final Plat, fees-in-lieu of School Land Dedication will be paid by
the applicant. Pursuant to the Eagle County Land Use Regulations, the fees will be
calculated based upon a current Summary Appraisal Report to be submitted at the time
of Final Plat.
D. The Final Plat shall incorporate a plat note requiring that: "A qualified wetland scientist
or ecologist must be present only for infrastructure improvements OR, that the wetland
areas be accurately demarcated in the field by a qualified wetland scientist or ecologist
prior to constructing infrastructure improvements to assist in preventing potential
violations of the Clean 'Water Act". In addition, all building envelopes will be
redesigned where necessary to comply with a 50-foot setback from wetland or riparian
areas.
E. The Wildlife Mitigation and Enhancement Plan must be carried forward with this PUD
Amendment, by way of exhibit, into the PUD Guide prior to recording;
F. The following checklist of items must be adequately addressed during the Final
Plat process:
1) At application for Final Plat, the additional detailed rockfall, slope stability and
sediment yield studies and the development of appropriate mitigation design for
the sediment basin and water tank on Frost Creek will be provided;
2) At application for Final Plat, the applicant should provide criteria of when each
sediment and debris flow basin must be cleaned and maintained;
3) At application for Final Plat, the applicant's hydrologist will prepare debris flow
mitigation plans and mitigation structure maintenance procedures for the water
tank and Frost Creek Lots 83 - 85 and Lot 96. Debris flow mitigation will not be
the responsibility of the individual lot and facility owners;
4) At application for Final Plat, additional drainage analysis and design needs to be
done to ensure that flows from culverts do not impact building envelopes and
analysis of all proposed interceptor ditch details should include calculations on
volumes, flow velocities, shear stress and sediment yields to each ditch and lot;
5) The Final Plat shall incorporate a plat note requiring that: "Prior to Building Permit
Issuance, lot specific geologic analyses should include an evaluation for
sinkholes";
Page 6 of 9
6) The Final Plat shall incorporate a plat note requiring that: "Prior to Building Permit
Issuance, a soils and foundation investigation be submitted with each building
permit, which includes a test boring indicating the depth to ground water. Ground
water levels should be taken when the ground water table is normally at its highest
level. Lot specific hydrologic analysis should include potential mitigation for any
ground water impacts on foundations and/or basements."
7) The Final Plat shall incorporate a plat note requiring that: "Prior to Building Permit
Issuance, detailed grading plans for each lot shall be submitted for approval by the
County including an evaluation of slope stability by a geotechnical engineer";
8) Prior to Final Plat approval a schedule for the wildlife impact mitigation fee should
be developed;
9) At application for Final Plat, Best Management Practices must be incorporated into
a Management Plan for the Golf Course Maintenance and Operations;
10) The Bicycle/Pedestrian Trail for Frost Creek will be collateralized and constructed
at the same time as all infrastructure associated with the Frost Creek development
and will be constructed to the standards set forth in the Land Use Regulations and
the Brush Creek Road crossing location analyzed to ensure the most desirable
crossing location is utilized. Design for the Salt Creek Bicycle/Pedestrian Trail
will be provided in the construction plans to be submitted for development of the
Salt Creek site. The Salt Creek Bicycle/Pedestrian Trail must also be constructed
to County standards at the time when the Equestrian Center is developed or within
3-years from the date of Final Plat approval, whichever is less. A temporary
trailhead will be constructed at Trail Gulch with gravel parking sufficient in size to
accommodate trucks and horse trailers. The Trail Gulch trailhead must be
constructed when the Frost Creek Bicycle/Pedestrian Trail is built.
11) The Final Plat must clearly identify the location of the historic cabin, which is to be
preserved. Responsibilities for the on-going preservation and maintenance of the
historic cabin must also be adequately addressed.
12) At application for Final Plat, all plat documents must be revised to address the
comments presented in the Engineering Department Memorandum dated
December 14,2004 and to meet all Land Use Regulation requirements for Final
Plat.
13) Prior to Final Plat approval, the applicant must submit revised grading and
drainage plans to address all of the comments presented in the Engineering
Department Memorandums dated November 23,2004 and December 14,2004.
Page 7 of 9
The applicant must include both permanent water quality enhancement ponds and
stormwater detention ponds as required by the Land Use Regulations with the
proposed design and analysis subject to the review and approval of the County
Engineer.
14) Prior to Final Plat approval, the applicant must revise the proposed roadway system
to meet all Land Use Regulations including turnout spacing, or provide written
documentation from all emergency service providers accepting the currently
proposed layout. All roadway construction plans will be subject to the review and
approval of the County Engineer.
G. The Water Quality Management Plan shall include Best Management Practices designed
for individual lot development directed at curtailing water quality impacts commonly
seen from residential lots. Such Best Management Practices shall address lawn
maintenance, including the use of fertilizers and pesticides, as well as, control of pet
wastes.
H. Adam's Rib will make its golf course available for three charity tournaments during the
golfing season. There will be no charge to the individual charities for the use of the
course, golf carts or golf course staff; however, Adam's Rib reserves the right to select
the charity groups, tournament format and tournament dates and times. Said policy shall
be implemented on the opening day of each season.
1. The applicant shall comply with the local resident housing plan and shall submit
collateral at recording of final plat. If applicant is unable to complete housing plan
within five years of date of final plat recordation, the collateral shall be forfeited to Eagle
County.
THAT the Board of County Commissioners directs the Director of Community
Development to provide a copy of this Resolution to the applicant.
THAT, the Adam's Rib Frost Creek & Salt Creek PUD Guide dated February 1, 2005
attached hereto as Exhibit 'B' is approved.
THAT, the Adam's Rib Frost Creek & Salt Creek PUD 'Wildlife Mitigation and
Enhancement Plan, dated February I, 2005 attached hereto as Exhibit 'c' is approved.
THAT the Board hereby 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.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the _ day of ,
2005, nunc pro tunc to the 14th day of December 2004.
Page 8 of 9
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COlVlMISSIONERS:
ATTEST:
By: By:
Clerk to the Board of
County Commissioners
By:
By:
Peter F. Runyon, Commissioner
Commissioner seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Commissioner Am M. Menconi
Commissioner Tom C. Stone
Commissioner Peter F. Runyon
This Resolution passed by vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
Page 9 of 9
EXHIBIT 'A'
Parcel 4
ADAM'S RIB RANCH
Frost Creek:
A parcel ofland located in Tracts 79, 80, 81, 82, 84, 85, 86 and 87 in Sections 23,24,25,
26,35 and 36 and in Lots 5 and 7 of Section 26, all in Township 5 South, Range 84 West
of the Sixth Principal Meridian, Eagle County Colorado, according to the Independent
Resurvey of said TO\\TIship and Range as approved on 20 June 1922; said parcel, with all
bearings contained herein based on a bearing ofN.00033'00''W. between the Town of
Eagle Street monument at Broadway and Fifth Street and the TO\\TI of Eagle Street
monument at Broadway and Second Street, both being found 1/2" diameter iron rods in
cast iron monument boxes, being more particularly described as follows:
Beginning at a point on the 1-2 Line of Tract 80, also being a point on the Brush Creek
Road right-of-way described in Book 545 at Page 826, from where Comer 3 of Tract 74
bears N.89051 '37"E. 19.79 feet; thence leaving the 1-2 Line of Tract 80 along the right-
of-way of Brush Creek Road described in Book 545 at Page 826 the following Four (4)
courses:
1) S.03016'03"E. 21.80 feet;
2) S.00011 '24"W. 28.21 feet;
3) S.88047'44"E. 56.66 feet;
4) N.00oOO'18"W. 49.99 feet
to a point on the 1-2 Line of Tract 79; thence leaving said Brush Creek Road right-of-way
along the 1-2 line of Tract 79 S.88000'50"E. 565.28 feet to a point on the Brush Creek
Road right of way described in Book 545 at Page 826; thence leaving the 1-2 Line of
Tract 79 along said Brush Creek Road right-of-way the following seven (7) courses:
1) 407.15 feet along a non-tangent curve to the right having a radius of 1340.00 feet, a
tangent of205.15 feet, a delta of 17024'32" and a chord which bears S.130 17'22"E.
405.58 feet;
2) S.02011'1l"E. 171.22 feet;
3) S.01000'06"E. 239.15 feet;
4) N.89059'54"E. 120.00 feet;
5) N.Ol oOO'06"W. 239.1 5 feet;
6) N.02012'43"W. 178.72 feet;
7) 390.65 feet along a non-tangent curve to the left with a radius of 1460.00 feet, a
tangent of 196.50 feet, a delta of 15019'50" and a chord which bears N.12015'01"W
3 89.49 feet
to a point on the 1-2 Line of Tract 79; thence leaving said Brush Creek Road right-of-way
along the 1-2 Line of Tract 79 S.88000'50"E. 473.76 feet, to a point on the boundary of
that parcel described in Book 553 at Page 242; thence leaving said 1-2 line along said
parcel boundary the following three (3) courses:
1) S.05035'54"E. 931.64 feet;
2) N.66006'05"E. 62.43 feet;
3) 1 05.27 feet along the arc of a curve to the right having a radius of 165.47 feet, a
tangent of 54.48 feet a delta of 36026'55" and a chord which bears N.840 19'34"E.
103.50 feet
to a point on the 1-4 line of said Tract 79, being also the 2-3 line of said Tract 77; thence
departing the 1-2 Line of Tract 79 along said 1-4 Line S.00005'22"E. 16.86 feet to a point
on the boundary of that parcel described in Book 473 at Page 64 of the Eagle County
Records; thence departing said Tract line and along said parcel boundary the following
ten (10) courses:
1) N.78019'52"W. 42.77 feet;
2) S.69006'30"W. 173.26 feet;
3) S. 79041 '27"W. 83.72 feet;
4) N.83036'44"W. 84.19 feet;
5) N.60045'27"W. 106.89 feet;
6) N.38001'16"W. 142.78 feet;
7) N.86005'46"W. 103.20 feet;
8) S.06003'48"E. 170.61 feet;
9) S.03036'18'~E. 320.96 feet;
10) S.87059'19"E. 616.76 feet
to a point on said 1-4 line of Tract 79, being also said 2-3 line of Tract 77; thence
departing said parcel boundary and along said Tract line S.Ooo05'22"E. 1373.52 feet to
Comer 3 of said Tract 77; thence continuing along said 1-4 line of Tract 79
S.OooOI '30"E. 2673.74 feet to Corner 4 of said Tract 79, being also a point on the 1-2 line
of Tract 87; thence along the 3-4 line of Tract 79, being also the 1-2 line of said Tract 87
S.89059'41"W. 730.93 feet to a point on the centerline of Brush Creek Road; thence
departing said Tract line and along said centerline the following thirteen (13) courses:
I) 142.02 feet along the arc of a non-tangent curve to the right having a radius of970.00
feet, central angle of 08023'19", tangent of71.14 feet and chord of 141.89 feet which
bears S.23002'21"W.;
2) S.270 14'00"W. 122.18 feet;
3) 185.91 feet along the arc of a curve to the left having a radius of 730.51 feet,
central angle of 14034'53", tangent of93.46 feet and chord of 185.41 feet which
bears S.19056'34"W.;
4) S.12039'07"W. 81.03 feet;
5) 299.28 feet along the arc of a curve to the right having a radius of 1766.42 feet,
central angle of 09042'27", tangent of 150.00 feet and chord of298.92 feet which
bears S.17030'20"W.;
6) 625.92 feet along the arc of a curve to the left having a radius of 1557.93 feet,
central angle of 23001'10", tangent of 317.24 feet and chord of 621.72 feet which
bears S.10050'59''W.;
7) S.Oo039'36"E. 373.62 feet;
8) 371.71 feet along the arc of a curve to the right having a radius of 852.35 feet,
central angle of24059'12ff, tangent of 188.86 feet and chord of368.77 feet which
bears S.11 050'OO"W.;
9) 398.89 feet along the arc of a curve to the left having a radius of 1254.96 feet,
central angle of 18012'41 ", tangent of201.14 feet and chord of397.21 feet which
bears S.15013'15"W.;
10) S.06006'54"W. 697.62 feet;
11) 221.01 feet along the arc of a curve to the left having a radius of 433.42 feet,
central angle of29012'57", tangent of 112.96 feet and chord of 218.62 feet which
bears S.08029'32"E.;
12) 476.64 feet along the arc of a curve to the right having a radius of 559.76 feet,
central angle of 48047'16", tangent of253.85 feet and chord of 462.37 feet which
bears S.0I017'38"W.;
13) S.25041'15"W. 91.78 feet
to a point on the 2-3 line of Tract 87, being also the 1-4 line of Tract 86; thence
departing said Brush Creek Road centerline and along said Tract line S.00028'33"E.
1333.61 feet to Comer 3 of said Tract 87, being also Comer 4 of said Tract 86; thence
along the 3-4 line of said Tract 86 S.89045'39"W. 181.83 feet to the Southeast Corner of
the Glen No.2 Tract recorded in Book 652 at Page 863 of the Eagle County Records;
thence departing said Tract 86 line and along said Glen No.2 boundary the following
two (2) courses:
1) N.12021'01"E. 243.76 feet;
2) S.89059'03"W. 821.93 feet
to a point on the boundary of the Denzel Tract recorded in Book 654 at Page 074 of the
Eagle County Records; thence departing said Glen No.2 Tract and along said Denzel
Tract boundary the following three (3) courses:
1) N.00oOO'58"W. 422.50 feet;
2) N.89058'34"W. 668.37 feet;
3) S.0000I'26"W. 666.67 feet;
to a point on said 3-4 line of Tract 86; thence departing said Denzel Tract and along said
3-4 line of Tract 86 S.89045'39"W. 926.62 feet to an angle point in said Tract line; thence
continuing along said Tract line S.89050'31 "W. 256.31 feet to Comer 3 of said Tract 86;
thence along the 2-3 line of said Tract 86 N.OI o45'29"W. 2664.40 feet to Comer 2 of
said Tract 86, being also Comer 3 of Tract 85 and Corner 4 of Tract 84; thence along the
3-4 line of said Tract 84 S.89055'29"W, 2763.75 feet to Comer 3 of said Tract 84; thence
along the 2-3 line of said Tract 84 N.00038'50''E, 2658.66 feet to Corner 2 of said Tract
84; thence along the 1-2 line of said Tract 84 S.89059'12"E, 232.69 feet to the Southwest
Comer of Lot 7 of Section 26; thence departing said Tract line and along the West line of
said Lot 7 N.Oool 0'28"W, 1223.44 feet to the Northwest Corner of said Lot 7, being also
the Southwest Corner of Lot 5 of said Section 26; thence along the West line of said Lot
5 N.000IO'28"W, 1328.75 feet to the Northwest Corner of said Lot 5; thence along the
North line of said Lot 5 S.89041'45"E, 1151.20 feetto the Northeast Comer of said Lot
5, being also a point on the 2-3 line of Tract 82; thence along said Tract line
N.00007'25"W, 132.70 feet to Corner 2 of said Tract 82; thence along the 1-2 line of said
Tract 82 N.89053'59"E, 2757.25 feet to Comer 1 of said Tract 82, being also a point on
the 2-3 line of Tract 80; thence along said 2-3 line N.03046'35"W, 1362.51 feet to Comer
4 of Tract 81; thence departing said 2-3 line and along the 3-4 line of said Tract 81
S.89059'21"W, 102.42 feet; thence N.Ol o40'49"W, 652.03 feet; thence N.38045'20"W,
260.83 feet, thence N.09054'16"E, 479.34 feet to the 1-2 line of Tract 81; thence along
the 1-2 line of said Tract 81, being also the 3-4 line of said Tract 72, N.89034'5 I liE.
206.06 feet to Comer 1 of said Tract 81, being also Corner 4 of said Tract 72, Comer 3
of said Tract 73 and Corner 2 of said Tract 80; thence along the 1-2 line of said Tract 80,
being also the 3-4 line of said Tract 73, N.89031'57"E, 1477.57 feet to Corner 4 of said
Tract 73, being also Comer 1 of said Tract 80, Comer 2 of said Tract 79 and Comer 3 of
said Tract 74, the Point of Beginning.
Excluding therefrom, a parcel of land belonging to the Town of Eagle recorded in Book
513, Page 708 containing 3.500 acres, more or less.
Said net acreage of the Adam's Rib PUD contains 1106.970 acres, more or less.
Parcell:
Salt Creek Parcel which includes Salt Creek Parcel A and Salt Creek Parcel B
Salt Creek Parcel A
A parcel of land located in Tracts 74, 75 and 76, Section 13 and 24, Township 5 south,
Range 84 West of the Sixth Principal Meridian, County of Eagle, State of Colorado
according to the Independent Resurvey approved by the Surveyor General in Denver,
Colorado on June 20, 1922. Said parcel ofland is more particularly described as follows:
Beginning at angle point 4 of Tract 75, a 2 1/2" GLO Brass Cap Monument found in
place; thence S87010'34"E. 2924.02 feet to angle point 3 of Tract 75, a GLO Brass Cap
Monument found in place; thence N.00oI2'43"W. 1343.89' to angle point 2 of Tract 75, a
GLO Brass Cap Monument found in place; thence S87033'56"E. 1450.93 feet to angle
point 1 of Tract 75, a GLO Brass Cap Monument found in place; thence S.00025'44''E.
2684.36 feet to angle point 6 of Tract 75, a GLO Brass Cap Monument found in place;
thence N.87007'22"W. 2928.64 feet to angle point 1 of Tract 76, a GLO Brass Cap
Monument found in place; thence S.00004'03"E. 1323.56 feet to angle point 6 of Tract
76, a OLO Brass Cap Monument found in place; thence S. 87031'43"E. 2920.46 feet to
angle point 5 of Tract 76, a OLO Brass Cap Monument found in place; thence
S.OooI5'33"W. 1304.45 feet to angle point 4 of Tract 76, a OLO Brass Cap Monument
found in place; thence along the 4-3 line of Tract 76 N.88000'57"W. 2916.75feet to a
point on the boundary line of a parcel described in Book 553, Page 242; thence along said
boundary line the following four courses and distances:
1) N.Ol 016'OO"E. 66.86'
2) N.59031 '54"W. 92.49'
3) S.89008'49"W. 1632.38'
4) S.05053'09"E. 30.71 feet to a point on the 4-3 line of Tract 74;
Thence along the 4-3 line of Tract 74 N.88000'50"W. 473.76 feet to the easterly
boundary line of
Brush Creek Road described in Book 545 at Page 826.
Thence along the easterly boundary of Brush Creek Road the following nine courses and
distances:
1) 88.17 feet on a non-tangent curve to the left with a radius of 1460.00 feet, a tangent of
44.10 feet, a delta of
3027'36" and a chord which bears N.21 038'44"W. 88.15 feet
2) N.l2019'22"W. 410.69 feet
3) S.63002'35"W. 100.00 feet
4) N.26057'25"W. 349.90 feet
5) N.26014'46"W. 162.01 feet
6) 976.99 feet on a non-tangent curve to the right with a radius of2440.00 feet, a tangent
of 495.13 feet, a delta of
P:\EA02040s\PPLAT\Legal Desc. salt creek revised 07-1O-02.doc
22056'30" and a chord which bears N.13028'54"W. 970.48 feet
7) N.00040'08''W. 172.89 feet
8) N,QooOO'18"W. 53.28 feet
9) S.89059'42"W. 67.58 feet to a point on the 3-2 line of Tract 74;
Thence along the 3-2 line of Tract 74 N.00003'48"W. 2835.15 feet to the parcel recorded
at Book 317, Page 872 in the office of the Eagle County Clerk and Recorder; thence
leaving the said 3-2 line of Tract 74 N.89058'24"E. 156.06 feet along said parcel; thence
N.OOoO 1 '36"W. 431.07 feet; thence leaving said parcel S.87044' 17"E. 1301.21 feet;
thence S.00012'07"E. 1303.13 feet to the point of beginning. Said Salt Creek Parcel A
contains 514.800 acres more or less.
Salt Creek Parcel B
A parcel of land in Tract 74, Section 24, Township 5 South, Range 84 West of the 6th
Principal Meridian, County of Eagle, State of Colorado, being more particularly
described as follows:
Beginning at a point on the 2-3 line of Tract 74, also being the right of way line of Brush
Creek Road as described in Book 545, Page 826, from which Corner No.3 of Tract 74
bears N.88000'50"W. 38.02 feet; thence along the right of way line of Brush Creek Road
the following five courses and distances:
1) N.00oOO'18"W. 500.84 feet
2) N.63002'35"E. 273.61 feet
3) S.26057'25"E. 516,59 feet
4) S.25046'38"E. 171.22 feet
5) 32.32 feet on a non-tangent curve to the right with a radius 1340.00 feet, a tangent of
16.16 feet, a delta of
1 022'54" and a chord which bears S.22041'05"E. 32.32 feet to a point on the 4-3 line of
Tract 74;
Thence along the 4-3 line of Tract 74 N.88000'50"W. 565.28 feet to the point of
beginning.
Said Salt Creek Parcel B contains 5.548 acres, more or less.
Total area for the Salt Creek Parcel is 520.348 acres more or less.
P:\EA02040s\PPLA1\Legal Desc. salt creek revised 07-10-02.doc
EXHIBIT 'B'
A.lallll'S I~ill
FROST & SALT CREEK PLANNED UNIT DEVELOPMENT GUIDE
I. INTRODUCTION
This Guide sets forth the land use and development standards for the properties in the Adam's Rib
Frost & Salt Creek Planned Unit Development. The Development Guide defines the permitted use
of land and provides for open spaces and includes additional supplementary regulations.
II. PURPOSE
The primary purpose of this Development Guide or "Guide" is to establish the standards,
restrictions and regulations that govern development and land use within the Adam's Rib Frost &
Salt Creek Development as shown on the PUD Zoning Plan. It also ensures the Adam's Rib Frost
& Salt Creek Development is developed as a comprehensive planned community. The Guide will
ensure the orderly and compatible development of the property. The Guide constitutes the
standard zoning provisions for the Adam's Rib Frost & Salt Creek Development with site-specific
restrictions for the development plan and conditions of the land contained within this
development.
III. DEFINITIONS
As used herein, the following words and terms shall have the following meanings:
A. Accessory Dwelling Unit. It is a secondary unit within a building envelope. These accessory
dwelling units can be attached or detached. The accessory dwelling unit shall be no more than
25% of the square footage of the Single Family Structure or 1,000 sq. ft., whichever is less,
must be integral with the architecture of the Single Family Structure, and cannot be subdivided
or separately conveyed or transferred in ownership. Such units will be allocated on a first
come first serve basis to Single Family units only in the Frost Creek development.
B. Adam's Rib Frost & Salt Creek Development. The Adam's Rib Frost & Salt Creek
Development is a Planned Unit Development zone district authorized by Eagle County. The
Planned Unit Development may be amended from time to time and contains all the property
described in the Adam's Rib Frost & Salt Creek Development.
C. Building Envelope. "Building Envelope" means that portion of a Lot which may be depicted
and designated as the "Building Envelope" on a Plat. All improvements must be located
entirely within the Building Envelope, including but not limited to dwellings, attached patios
and decks, garages, swimming pools and storage buildings, but excluding roof overhangs,
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access driveways, underground utilities, and drip irrigatIOn, ISDSs (but not in riparian or
wetlands), infrastructure but not operational facilities for irrigation systems, and drainage
systems. Only the developer or Master Homeowners Association shall have the right to
construct perimeter fencing for the development outside of Building Envelopes.
D. Building Height. The building height is determined by measuring a series of points at equal
intervals around the perimeter of the building no greater than 15 feet apart. At each interval
the height shall be measured from finished grade (the final grade after completion of
construction improvements) to the midpoint between the eave and ridge of all sloped roof
planes or the top of all flat roof planes at this interval. Building height is then determined by
averaging all of the interval heights around the building.
E. Commercial Space. Commercial Space is any space or area that may be used, rented or leased
for the purpose of generating retail business or consumer services.
1. Commercial Space is associated with the golf course facilities and will be located within
tracts designated as such. Commercial space will provide for uses which are ancillary to
and in support of services for golf facilities and other commercial facilities.
2. Permitted Uses for Commercial Space
a. Offices
b. Retail specialty and gift shops
c. Restaurants, bars and food services
d. Barber and beauty shops
e. Real estate sales
f. Golf course clubhouse
g. Meeting rooms, conference, and special events space
h. Certain athletic club, spa and health club facilities
1. Pro shop with clothing sales
3. The following uses are permitted, but will not be considered Commercial Space:
a. All residential uses including, but not limited to:
(1) Home occupations as defined in the CC&R's
b. Ci vic uses
c. Recreational/athletic facilities and other similar or associated facilities including, but
not limited to:
(1) Swimming pools
(2) Sports courts
(3) Tennis, golf and other court or sport maintenance facilities, locker rooms, showers
(4) Ice skating
d. Firehouse and security operations
e. Ambulance operations
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f. Golf storage, golf maintenance, general storage, hallways, public restrooms,
balconies, porches, stairways, corridors, mechanical areas, electrical areas, service
areas, laundry, elevators and lobby and convenience areas
g. Master Homeowners Association facilities and offices
h. Postal facilities
1. Recycling and Garbage facilities
F. Common Area. Common Area is defined as any portion of the Common Interest Community
designated in the Declaration or any Supplemental Declaration or on a Plat or any
Supplemental Plat as Common Area or Limited Common Area or Open Space and which is
owned or leased or maintained by the Master Homeowners Association for the common use
and enjoyment of the property owners or occupants or some of them, including, but not limited
to, pathways, trails, reception or entry houses, security facilities and entry features, and any
other designated open areas.
G. Declaration. Means and refers to the Master Declaration of Covenants, Conditions,
Restrictions and Easements for Adam's Rib Frost & Salt Creek Development as adopted and
from time to time amended for the various filings also referred to as "CC&R's".
H. Design Guidelines. Design guidelines are defined in the CC&R's. The Design Guidelines
provide for architectural and design guidelines for the development of privately-owned lots or
development areas within Adam's Rib Frost & Salt Creek Development adopted from time to
time by the Adam's Rib Design Review Committee which shall, among other things, interpret
or implement the provisions of this Adam's Rib Frost & Salt Creek Development Plan.
I. Design Review Committee. The Design Review Committee is defined in the CC&R's. It is a
committee which shall be responsible for the administration and enforcement of this Planned
Unit Development Guide, the CC&R's , and the Design Guidelines.
J. Development Areas. Development Areas refer to any lot, lots or parcels to which Adam's Rib
Frost & Salt Creek Development Plan provisions may apply.
K. Dwelling Unit. One or more rooms occupied by one family or group of people living
independently from any other family or group of people and having not more than one kitchen.
L. Equestrian Center. Equipment and facilities that are associated with the operation,
maintenance, training, boarding, grazing, trail riding, housing, use, and care of horses for
owners, guests, and employees in connection with a ranching and agricultural operation and
equipment and facilities that are associated with related recreational activities such as shooting
sports, fishing, game and bird viewing, hay rides, campfire activities in a designated area, and
hiking. Such equipment and facilities include any and all equipment and facilities necessary,
appropriate and convenient for the operation of an equestrian center, ranch, and agricultural
operation. Such equipment and facilities may include but not be limited to barns, stalls, hay
storage facilities, vehicles, vehicle storage facilities, corrals, fences, grazing areas, manure
storage, shoot ranges and facilities, maintenance shop, and such other equipment and facilities
that are customarily associated with the operation of an efficient and quality equestrian and
ranching center. Off-road recreational use of off-road vehicles, A TV s, snowmobiles,
02/01/05 A Athlm." .Iilt - ..LA..E.. IJ..T ..E"EL....NE.T Page 3
motorcycles, and other off-road vehicles is prohibited; provided however that any vehicle of
any type may be used for equestrian center, ranching, agricultural, shooting, fishing, and game
viewing purposes and the operation of the property accordingly.
M. Golf Course Parcel. A parcel within the subdivision which can be used for conducting the
game of golf and related golfing activities or for utilities facilities, and infrastructure; provided
however, that other recreational activities such as cross country skiing, snow shoeing, hiking,
and fishing may be approved under certain circumstance by the golf course owner. Horseback
riding is prohibited within these parcels.
N. Gross Commercial Floor Area. The total floor area within the enclosed walls of golf
clubhouses, including, without limitation, closets, service areas and interior walls but
excluding balconies, porches, decks, hallways, corridors, stairwells, garages, public restrooms
and service areas outside the commercial building enclosures, and uninhabitable heating,
mechanical or equipment areas.
O. Guest Cottage. Singe family structure that can be only 1,000 sq. ft. and are to be used for the
members use.
P. High Water Mark. The waterline at the point of high discharge with a recurrence interval of 10
years.
Q. Lot. It is a designated lot within Adam's Rib Frost & Salt Creek Development.
R. Open Space Parcel. A parcel within Adam's Rib Frost Creek Development which can be used
for aesthetic, wildlife and recreation uses such as bicycling, hiking, cross-country skiing, and
equestrian activities. An open space parcel may have constructed thereon structures or
facilities associated with such uses and other uses associated with the needs of the Adam's Rib
Frost Creek Development including, but not limited to, trails, cart paths signs, water storage
facilities and associated facilities and transmission improvements, utilities and ski touring and
other appropriate recreation improvements.
S. Owner. An individual, corporation, partnership, association, trust or other legal entity or
combination of legal entities which is the record owner of an undivided fee simple interest in
one or more lots, parcels, or dwelling units except as specifically limited hereinafter.
T. Parking Spaces. Parking spaces are areas designed for the parking of automobiles that use the
following size requirements: parking spaces in the Adam's Rib Frost & Salt Creek
Development are required to be not less than 9' x 19'.
U. Planned Unit Development Map. Maps contained in the Adam's Rib Frost & Salt Creek
Development Plan illustrating certain requirements contained in the Adam's Rib Frost & Salt
Creek Development Plan.
V. Planned Unit Development Plan. Documents created for the purpose of establishing
development requirements for Adam's Rib Frost & Salt Creek Development, also referred to
as the Planned Unit Development Plans.
W. Single Family Structure. Single Family Structure consists of one Dwelling Unit.
X. Square Footage. Square footage for residences shall be defined pursuant to the applicable
Eagle County regulations and Uniform Building Code, to the extent not in conflict with the
regulations.
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IV. APPROVAL OF CONSTRUCTION PLANS
A. No building or other structure will be constructed, erected or maintained on any lot, nor shall
any addition thereto, or alteration, or change therein, be made until complete plans and
specifications have been submitted to and approved in writing by:
1. The Design Review Committee.
2. Eagle County, as evidenced by issuance of an applicable Eagle County building permit.
B. In a number of instances the requirements of this Guide are less restrictive than the
requirements of the Design Guidelines. This is by design. The more restrictive provisions of
the Design Guidelines will be used for the Adam's Rib Frost & Salt Creek Development
review and approval. The compliance with the applicable provisions of the Design Guidelines
must be approved in writing by the Design Review Committee as a part of its approval under
Section IV.A. hereof. The provisions of this Guide must be met in order to receive an Eagle
County building permit, to commence construction, and to receive a certificate of occupancy.
C. The following general restrictions shall govern construction on any lot or tract:
1. Stream Setbacks: All structures will maintain a minimum of 75 foot setback from the high
water mark of Brush Creek and Salt Creek and will be located outside of the 100 year
floodplain, except for golf course area, bridges, developed paths, and utilities in both
instances. Where development features (such as golf course areas, developed paths,
utilities, and bridges) lie within a setback zone, mitigation measures will be utilized, as
appropriate.
2. Wetlands: Wetland areas have been mapped. No wetlands are included in Residential or
Commercial building envelopes. The location of development features (such as golf
course, paths, utilities, pastures, fences, irrigation ditches and facilities, and bridges) may
take place in wetland areas subject to permitting by the U.S. Army Corps of Engineers if
applicable.
3. Riparian: Riparian may not be disturbed if it is in a building envelope.
4. Parking Requirements: Off street parking will be provided based on the following criteria:
a. Single Family 3 spaces per unit
b. Clubhouse 1 space per 250 sq. ft. of commercial space
c. Accessory Dwelling Units 2 spaces per unit
5. Landscaping: The Landscaping and Illumination Standards and Landscaping Design
Standards and Materials set forth in the Land Use Regulations must be complied with.
Landscape Guidelines will be a part of the Design Guidelines and will include at a
minimum the landscaping plan required by the Land Use Regulations.
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Landscaping follow these criteria;
. Landscaping irrigated by a permanent irrigation system will be allowed in the building
envelopes only, the golf clubhouse parcel, the golf course parcels, the maintenance
facility parcels, Common Areas and as indicated on the Landscape Plan. The
Landscape Plan shows irrigated landscaping at the entrance, street intersections and
other appropriate locations.
. The remaining area of the lots outside of the building envelopes and the remaining
open space areas will use a native grass mixture, specified by the Design Review
Committee, and will not be irrigated by a permanent irrigation system. Trees and
bushes can be planted in these areas and will have a drip water system to irrigate them.
6. Lighting: All lighting shall comply with applicable provisions of the Eagle County Land
Use Regulations. Exterior lighting can be used for safety and security purposes and to
subtlety accent architectural and landscape features of a home. Lighting shall be designed
to eliminate glare and light shining on adjacent sites and to maintain a low to non-existent
level of atmospheric light pollution to preserve the visibility of the night sky.
. All exterior lighting shall be low-level with maximum 25 watt fixtures.
. The number of exterior light fixtures shall be limited on each site relative to location,
landscaping, screening, and intensity as determined appropriate by the Design Review
Committee.
. With the exception of lighting that may be incorporated into a residential
entrylidentification sign, no lighting shall be permitted outside of the building
envelope.
. All light bulbs shall be recessed within the building structure or a light fixture so that
no direct, unfiltered light is visible.
. All exposed exterior light fixtures shall have frosted or opaque glass.
. All direct lighting shall illuminate down, on to the building element or landscape
element it is illuminating. Up-lighting is not permitted.
. Lighting of trees is not permitted except for white, non-blinking holiday lighting, which
shall be removed within three weeks following the holiday.
. Floodlights and spotlights are not permitted.
. The Gate House will have street lighting.
. The parking lot for the clubhouse will have lighting
. The entrance to each lot will be lighted to identify that lot's address.
All light fixtures are subject to review and approval by the Design Review Committee,
relative to the requirements of the Design Guidelines and this Guide.
7. Fencing: Fencing provisions will be part of the Design Guidelines and as provided in this
PUD Guide.
8. Signs: Signs must comply with the Sign Regulations as set forth in the Land Use
Regulations. Additional sign requirements will be set forth in the Design Guidelines.
With the exception of one entrylidentification sign per Lot during the period of actual
construction on the Lot, which sign shall comply with the Design Guidelines and Eagle
County Land Use Regulation, no sign, poster, billboard or advertising device of any kind
shall be allowed or displayed upon any Lot or Unit or any Homeowner Association
Property within the PUD except:
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. Such signs as may be used by the Developer connection with the development,
marketing and sale of Lots or Units in the PUD;
. Such signs as may be required by legal proceedings or the prohibition of which is
precluded by law;
. Such signs as may be required for traffic control and for regulation of Homeowner
Association Property;
. Neighborhood monuments (e.g., entrance and direction signs) which are compatible
with the architecture of the area,
. One security company sign,
. One Private Residence sign on each boundary of a Lot or Unit that abuts on the Golf
Properties
. All permitted signs must comply with the Design Guidelines and Eagle County Land
Use Regulations.
Entrylidentification Signs;
. must be provided for each home. These signs shall be a minimum of one square foot
and a maximum of two square feet.
. shall be located adjacent to the roadway and shall be lighted by an approved fixture.
. shall include the site address number and be clearly visible from the access road at the
driveway entrance.
. must comply with the Design Guidelines and the Eagle County Land Use Regulations.
9. Wood Burning Controls. No wood burning fireplaces will be allowed. All fireplaces
located within the Adam's Rib Frost Creek & Salt Creek PUD will be gas fireplaces.
10. Snow Removal. Snow removal shall be in compliance with the Snow Removal
Regulations as set forth in the Eagle County Land Use Regulations.
11. Bike Path. The bike path will be dedicated to Eagle County and will be maintained by the
Frost Creek and Salt Creek Homeowners Association until the county decides to
maintained them.
12. Wildfire. When appropriate, a defensible space around a dwelling will be obtained as
follows;
>- Grasses, wildflowers, and other herbaceous vegetation within this defensible space will
be kept moved to a height no greater than 6 inches. Cuttings will be promptly collected
and either removed for the site during routine trash collection or used onsite for
composting.
>- No trees will be planted within 15 feet of a dwelling, and any trees planted in the zone
between 15 and 30 feet from a dwelling must be at least 25 feet apart and maintained so
that their crowns are at least 10 apart.
>- Where existing trees adjacent to a dwelling are desirable landscape features to be
retained, they will be considered part of the home, and the defensible space and
minimum 15-foot separation will commence at the edge of the tree canopy.
>- Any shrubs retained or planted in the defensible space must be spaced so that the
distance between clumps is at least 21/2 time the height. The maximum size (diameter)
of clumps can be no more than 2 time the height.
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~ For mature trees, or as small trees grow, the lower lImbs will be pruned flush with the
trunk so that the lowermost limb is either a minimum of 10 feet above the ground or
on-half the height of the tree, whichever is lower. No tree limbs will be retained or
allowed to grow within 15 feet of a chimney. Pruned woody material generated during
tree and shrubby maintenance must be promptly removed for the site.
The few lots located partially or wholly within moderate-hazard and severe-hazard areas,
the 30-foot defensible space will be surrounded by a "transition zone" extending to at least
70 feet from a dwelling. Within this transition zone, the following will be implemented:
~ Trees will be thinned so that their crowns do not touch.
~ Limbs will be pruned to a height of 10 feet above the ground (or one-half the tree
height, whichever is lower).
~ Annually shrubs, tall grasses, and weeds will be removed from beneath the crowns.
~ Deadfall will be removed annually.
In addition to the defensible space and the transition zone, a firebreak will be created
within the larger mass of Gambel' s oak and other mountain shrubs growing along the
north facing slope to the west of Lot 49 to protect it from any wildfire that may propagate
along the shrubby slope. This fire break will be approximately 70 feet wide and will be
designed to accommodate the golf cart connection between the 14th green and the 15th tee.
Second, a 70-foot-wide defensible space around the dwelling unit will be made instead of
the 30-foot.
13. ISDS. Each residence and commercial facility in the PUD will service its wastewater
through an ISDS. Each ISDS shall have denitrification capabilities and shall be equipped
with an alarm system that is connected to the subject residence or facility and to the central
administration office of the Golf Course Operator in the PUD. The Homeowners
Association shall be responsible for the approval, installation, operation, maintenance,
repair and replacement of all such systems with all costs associated therewith being paid by
the owner of each residence or facility. Each ISDS shall be in compliance with all federal
and state rules and regulations and all rules, regulations, and requirements of Eagle County
pertaining to the operation and maintenance requirements for ISDSs including without
limitation the obligation of the Homeowners Association to have each ISDS inspected
every two years with the appropriate maintenance being taken as a result of such
inspection. The Homeowners Association may assign the administration of its
responsibilities to the Golf Course Operator within the PUD. The Homeowners
Association shall retain and designate a qualified registered professional engineer as the
engineer of the Homeowners Association to complete and process all applications within
the PUD for ISDSs with the Eagle County Department of Environmental Health and to
ensure compliance of the ISDSs and Homeowners Association with the requirements
hereof. The designated engineer shall be the contact person of the Homeowners
Association for the Eagle County Department of Environmental Health with respect to
ISDSs within the PUD. In addition, the Homeowners Association shall designate one
additional individual within the Homeowners Association as a contact person. The Golf
Course Operator shall be responsible for the ISDSs for all golf course facilities and shall
also retain the same registered professional engineer as the Homeowners Association for
the same purposes as provided herein. The Homeowners Association shall not authorize a
application for an ISDS permit to be submitted until it has received a status report from the
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engineer overseeing the operation of the water quality management plan that there is no
water quality degradation to Brush Creek or Salt Creek resulting from the PUD.
The Homeowners Association shall provide annual reports of its ISDS inspections to the
Eagle County Department of Environmental Health and the Town of Eagle regarding the
adherence of the ISDSs in the PUD to the two year inspection schedule and the provisions
of Table 1 of Section 4.03.26 of the Eagle County Land Use Code and the rules,
regulations, and requirements of Eagle County as they may be amended. The Homeowners
Association and Eagle County Department of Environmental Health shall have the
authority to remedy any faulty or defective ISDS and will have the legal right of access on
each lot within the PUD and on common areas to fulfill the Homeowners Associations
obligations hereunder pertaining the to the implementation, inspection, operation,
maintenance, repair and replacement of ISDSs. In addition to the rights of the
Homeowners Association (itself of through its agents) and the Eagle County Department of
Environmental Health hereunder, the Town of Eagle shall be entitled to take action to
compel the Homeowners Association and an individual lot owner to repair a defective
ISDS promptly in the event of the failure of the Homeowners Association to do so after
written notice from the Town of Eagle of such failure. The Town of Eagle shall be entitled
to recover attorney's fees and costs in taking such action. A penalty as liquidated damages
of up to $100.00 per day shall also be assessed against the Homeowners Association and
individual lot owner for such failures, payable to the Town of Eagle. The Homeowners
Association shall have those additional rights that may be set forth in the declaration of
covenants, conditions, and restrictions for the Homeowners Associ.ation. Eagle County
shall have such additional rights as set forth in the Eagle County Land Use Regulations.
14. Water Quality Management Plan. The Homeowners Association shall be responsible for the
implementation of the water quality management plan that is approved for the PUD, as is may
be amended from time to time. The Homeowners Association may assign this responsibility to
the Golf Course Operator or to the Equestrian Center Operator, as appropriate.
V. DENSITY STANDARDS
The following chart describes the current uses and maximum number of dwelling units
contemplated for each Development Area.
Dwelling Units
Frost Creek Development Area
Clubhouse
Utility
Single Family 97
Salt Creek Development Area
Single Family 1
TOTAL APPROVED DWELLING UNITS 98
TOTAL APPROVED ACCESSORY DWELLING UNITS ANTI GUEST COTTAGES
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Frost Creek property: 25
Salt Creek property: 1
Guest Cottages -2
TOTAL ACCESSORY DWELLING UNITS AND GUEST COTTAGES 31
TOTAL APPROVED COMMERCIAL SPACE
(excluding the Equestrian Center) 30.000 SO. FT.
VI. DEVELOPMENT AREAS
A. Frost Creek Development Area
1. Clubhouse Parcel.
a. Intent. Provides for clubhouse facilities.
b. Permitted Uses. The following uses are permitted within the Clubhouse Parcel:
1) Clubhouse, restaurants, bars, lockers, pro shop, convenience, health and athletic
club including indoor and outdoor swimming, other related facilities and other
commercial uses;
2) Non motorized recreation and trails, such as, but not limited to: fishing, hiking,
biking, cross country skiing and snow shoeing;
3) Streams, wetlands, and ponds;
4) Roads, streets, parking areas and sidewalks;
5) Outdoor recreation improvements including but not limited to: pool, tennis
facilities, golf course, and putting greens, restrooms, recreation user shelters and
associated accessory and support improvements;
6) Utility lines such as, but not limited to: irrigation system, water, septic system,
ditches, storm water, cable and fiber optic, natural gas, electric and telephone;
7) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic system, transmission facilities, sedimentation basins, biofiltration ponds,
ditches, drainage and other utility related facilities and structures;
8) Open space;
9) Landscaping, water feature, ditches, ponds and/or buffers.
c. Development Standards. Development within the Clubhouse Parcel shall be
constructed in accordance with the following standards:
1) Minimum Lot Area per Use 7,500 Sq. Ft.
2) Maximum Lot Coverage (net developable land) Buildings 50%
All Impervious Materials: 80%
3) Maximum Floor Area Ratio 0:60:1
4) Minimum Front Yard Setback Arterial Street: 50'
Collector Street: 50'
Local Street: 25'
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5) Minimum Rear Yard Setback 20'
6) Minimum Side Yard Setback 12.5'
7) Minimum Stream Setback 75'
8) Maximum building height: 35 feet
2. Single Family Parcel.
a. Intent. The intent is to create low density, single-family residential neighborhoods.
Large areas of open space have been strategically designed to preserve unique land
features.
b. Permitted Uses. The following uses are permitted within the Single Family Parcel:
1) Single family residential with accessory dwelling units;
2) Non motorized recreation and trails, such as, but not limited to: fishing, hiking,
biking, cross country skiing, and snow shoeing;
3) Streams, wetlands, and ponds;
4) Roads, streets and sidewalks;
5) Outdoor recreation improvements including but not limited to: tennis facilities,
golf course, and putting greens;
6) Utility lines such as, but not limited to: irrigation system, water, septic systems,
ditches, storm water, cable and fiber optic, natural gas, electric and telephone;
7) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic systems, transmission facilities, sedimentation basins, biofiltration ponds,
drainage and other utility related facilities and structures;
8) Open space;
9) Landscaping, water feature, ditches, ponds and/or buffers.
c. Development Standards. Development within the Single Family Parcel shall be
constructed in accordance with the following standards:
1) Minimum Lot Area Per Use 3 acres
2) Maximum Lot Coverage Building Envelope
3) Minimum Front Yard Setback Arterial Street: 50'
Collector Street: 50'
Local Street: 25'
4) Minimum Rear & Side Yard Setback 12.5' or half the height of the
tallest building on the lot
5) Minimum Stream Setback 75'
6) Maximum building height: 35 feet
7) Maximum Habitable square footage: 12,500 Sq. Ft.
8) Minimum Riparian and Wetland Setback 50'
3. Parcels: Golf Course, Golf Maintenance and Building Yard
a. Intent. To provide sites for golf courses, golf course maintenance facilities, water
storage, and drainage improvements, landscape improvements and stream corridors.
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b. Permitted Uses. The following uses are permitted within the Golf Course and Golf
Maintenance and Building Yard Parcels:
(1) Golf course, driving ranges, golf practice areas, and maintenance facilities
(2) Streams, wetlands, and ponds;
(3) Roads, streets, parking areas and sidewalks;
(4) Cross country skiing, hiking and fishing;
(5) Outdoor recreation improvements including but not limited to: golf and putting
greens;
(6) Utility lines such as, but not limited to: irrigation system, water, septic systems,
ditches, storm water, cable and fiber optic, natural gas, electric and telephone;
(7) Utility facilities such as, but not limited to pump or well houses, water storage,
septic systems, transmission facilities, water tanks, sedimentation basins,
biofiltration ponds, drainage and other utility related structures, and access to such
facilities;
(8) Golf course maintenance buildings and attendant facilities and improvements
(9) Open space;
(lO)Landscaping, water feature, ditches, ponds and/or buffers.
c. Development Standards. Development within the Golf Course and Golf Maintenance
Parcels shall be constructed in accordance with the following standards:
1) Minimum Lot Area per Use 7,500 Sq. Ft.
2) Maximum Lot Coverage (net developable land) Buildings 50%
All Impervious Materials: 70%
3) Maximum Floor Area Ratio 0.60:1
4) Minimum Front Yard Setback Arterial Street: 50'
Collector Street: 50'
Local Street: 25'
5) Minimum Rear Yard Setback 20'
6) Minimum Side Yard Setback 12.5'
7) Minimum Stream Setback 75'
8) Maximum building height: 35 feet
4. Parcels: Common Recreation, Open Space, Hillside and other Open Space
a. Intent. To provide sites for park and recreation facilities, natural and developed open
space, water storage and transmission facilities, and drainage improvements, landscape
improvements, stream corridors and recreation trails.
b. Permitted Uses. The following uses are permitted within the Open Space Parcels:
(1) Streams, wetlands, and ponds;
(2) Non motorized recreation and trails, such as, but not limited to: fishing, hiking,
biking, cross country skiing, and snow shoeing; and related improvements;
(3) Utility lines such as, but not limited to: irrigation system, water, septic system,
ditches, storm water, cable and fiber optic, natural gas, electric and telephone;
(4) Utility facilities such as, but not limited to pump or well houses, water storage,
septic systems, transmission facilities, water tanks, sedimentation basins,
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biofiltration ponds, ponds, drainage and other utility related structures, and access
to such facilities;
(5) Open space;
(6) Landscaping, water feature, ditches, ponds and/or buffers.
c. Development Standards. Development within Open Space Parcels shall be constructed
in accordance with Eagle County standards.
B. Salt Creek Development Area
1. Equestrian Center Parcel.
a. Intent. The intent is to create an Equestrian Center as defined herein, to preserve the
ranching and agricultural heritage and use of the parcel and to promote the recreational uses
that are a part of the Equestrian Center's operation.
b. Permitted Uses.
(1) The operation and maintenance of an Equestrian Center that includes without
limitation the maintenance, training boarding, grazing, housing, use, and care of
horses and related recreational activities such as shooting sports, fishing, game
viewing, hiking, hay rides, campfire activities in a designated area, and other
activities, operations, and improves customarily associated with a ranch and
agricultural operation;
(2) Use of any vehicle of any kind or type in connection with the operation of the
Equestrian Center Parcel for Equestrian Center, ranching, agricultural, shooting,
fishing, game viewing, and other such recreational purposes and the operation of
the property accordingly; provided however that off-road recreational use of off-
road vehicles, A TV s, snowmobiles, motorcycles, and other off-road vehicles is
prohibited;
(3) Non motorized recreation and trails, such as, but not limited to: fishing, hiking,
biking, horse back riding, cross country skiing, and snow shoeing;
(4) Streams, wetlands, and ponds;
(5) Roads and driveways;
(6) Outdoor recreation improvements including but not limited to: tennis facilities;
(7) Utility lines such as, but not limited to: irrigation system, water, septic systems,
ditches, storm water, cable and fiber optic, natural gas, electric and telephone;
(8) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic systems, transmission facilities, sedimentation basins, biofiltration ponds,
drainage and other utility related facilities and structures;
(9) Fences and corrals associated and consistent with the management of horses and the
management and operation of the Equestrian Center, which may be statutory
fences;
(10) Open space;
(11) Irrigation ditches, operational ponds, and other irrigation facilities;
(12)Landscaping, water feature, ditches, ponds and/or buffers.
c. Development Standards
02/01105 A Ad..u.." 'Iilt - ..LAIUIE.. IJI1.T ..EYEL....UEI1T Page 13
(1) The building envelopes and facilities locations not been finalized in
connection with this Parcel and the specific Parcel boundaries have not been finalized.
Therefore, a special use permit authorizing the site specific location for such buildings
and facilities and the finalizing of the boundaries of this Parcel must be obtained
provided that the location of setbacks and the restrictions set forth in this Guide hereby
being deemed to satisfy the standards in Section 5-250.B. of the Eagle County Land
Use Regulations and no further conditions regarding such standards are necessary in
connection of the issuance of a special use permit for such site location and finalizing
of the boundaries of this Parcel.
2. Single Family Parcel.
a. Intent. The intent is to create a single-family residential parcel. Large areas of open
space have been strategically designed to preserve unique land features.
b. Permitted Uses. The following uses are permitted within the Single Family Parcel:
(1) Single family residential with accessory dwelling unit;
(2) Non motorized recreation trails, such as, but not limited to: fishing, hiking, biking,
horse back riding, cross country skiing, and snow shoeing;
(3) Streams, wetlands, and ponds;
(4) Roads, streets and sidewalks;
(5) Outdoor recreation improvements including but not limited to: tennis facilities;
(6) Utility lines such as, but not limited to: irrigation system, water, septic systems,
ditches; storm water, cable and fiber optic, natural gas, electric and telephone;
(7) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic systems, transmission facilities, sedimentation basins, biofiltration ponds,
drainage and other utility related facilities and structures;
(8) Open space;
(9 Landscaping, water feature, ditches, ponds and/or buffers.
c. Development Standards. Development within the Single Family Parcel shall be
constructed in accordance with the following standards:
1) Minimum Stream Setback 75'
2) Maximum building height: 35 feet
3) Maximum Habitable square footage: 10,000 Sq. Ft.
4) Minimum Riparian and Wetland Setback: 50'
5) The building envelope and facilities location have not been finalized in connection
with this Parcel and the specific Parcel boundaries have not been finalized. Therefore,
a special use permit authorizing the site specific location for such building envelope
and facilities and the finalizing of the boundaries of this Parcel must be obtained
provided that the location of setbacks and the restrictions set forth in this Guide hereby
being deemed to satisfy the standards in Section 5-250.B. of the Eagle County Land
Use Regulations and no further conditions regarding such standards are necessary in
connection of the issuance of a special use permit for such building envelope location
and finalizing of the boundaries of this Parcel.
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VII. MODIFICATION
It is anticipated that modifications to this Guide will be necessary from time to time as the
development of the Adam's Rib Frost & Salt Creek Development progresses. This Guide provides
for three categories of modifications: Major Modifications, Other Amendments, and Minor
Modifications. These three are defined as follows:
A. Major Modifications. Major Modifications to the Adam's Rib Prost & Salt Creek
Development are those changes which could alter the character or fundamental land use of a
portion of the development. At any time after a final plat is approved, any change from one
category of land use to another, such as residential to commercial, any change in designation of
open space to a non-recreational or non-conservation related use, shall be considered a Major
Modification. Purthermore, any addition of land to be governed by the Guide other than for
recreational, open space or access shall be considered a Major Modification. Major
Modifications shall be under the authority of the Adam's Rib Master Association and Eagle
County Commissioners. After first receiving the approval of the Adam's Rib Master
Association and the Design Review Committee, application for approval of such amendment
shall then be made to the Eagle County for a Major Modification and entered into the Eagle
County review process at the Zoning Plan stage, unless (a) the change is directed by the
Planning Commission; or (b) in the opinion of the Community Development Director, the
change does not materially change the Adam's Rib Prost & Salt Creek Development and it
complies with the Eagle County's Land Use Regulations and Eagle County's goals and
policies. The County Commissioners may approve a Major Modification if it is found to be
consistent with the purpose and intent of this Guide or if the character of the surrounding area
has changed such that the original purpose and intent for a particular Parcel or area are no
longer appropriate and that the modification does not substantially adversely affect rights of
owners within the Adam's Rib Prost & Salt Creek Development.
B. Other Amendments. Any modification or amendment of provisions of the Adam's Rib Prost
& Salt Creek Development which is not a "Major Modification" may be adopted after a public
hearing, written notice of which has been placed in a newspaper of general circulation in Eagle
County at least 10 days prior to the Planning Commission meeting, and at least 30 days prior to
the County Commissioners meeting. Said notice shall state the general nature of the proposed
modification or amendment, and the dates of both the Planning Commission and Board of
County Commissioners hearings.
In considering an amendment to the Adam's Rib Frost & Salt Creek Development Plan, Eagle
County Commissioners shall follow the standards for review of the Preliminary Plan and the
intent and purposes of this Guide; provided, however:
1. Application for modifications shall cover only those areas of Adam's Rib Prost & Salt
Creek Development affected by any proposed change; and
2. The Commissioners may waive any Preliminary Plan requirements upon a showing by the
applicant that Preliminary Plan requirements have been previously met.
C. Minor Modifications. Subject to the provisions set forth below, Minor Modifications in land
uses and Parcel configurations may be authorized by the Design Review Committee and
02/01/05 A A.lallo'" .In. - ..LA..E.. I)..T ..EYEL....HE.T Page 15
approved at the discretion of the Community Development Director without requiring an
amendment to the Adam's Rib Frost & Salt Creek Development, provided that the changes are
similar in nature and impact to the listed permitted uses and are consistent with the intent of
boundaries of a given parcel and they do not adversely affect wetlands, riparian or stream
setback requirements. Minor Modifications shall include, without limitation, the following:
1) Internal road and sidewalk alignment alterations subject to approval of all engineering
documents by Eagle County engineer;
2) Trails alignment alterations;
3) Technical and engineering considerations first discovered during actual development which
could not reasonably be anticipated during the approval process are subject to approval of
all engineering documents by Eagle County engineer; or
4) Any other minor change that has no effect on the conditions and representations otherwise
approved as a part of the Adam's Rib Frost & Salt Creek Development.
D. Buyers of lots or parcels in Adam's Rib Frost & Salt Creek Development should be aware that
requirements more restrictive than those contained in this Guide may be imposed as a result of
the CC&R's, Design Guidelines, Final Plat or other applicable development documents that
are recorded separately for Adam's Rib Frost & Salt Creek Development. The most current
Design Guidelines for a particular filing should be consulted prior to formalizing development
plans for construction at the Adam's Rib Frost & Salt Creek Development.
VIII. EFFECT OF EAGLE COUNTY'S LAND USE REGULATIONS
This Development Guide constitutes the standard zoning provisions for the Adam's Rib Frost &
Salt Creek Development adopted by Eagle County Zoning and Subdivision Ordinances. Where
this Development Guide is silent, the applicable provisions of Eagle County Land Use Regulations
shall govern. If there is any conflict between the provisions of this Development Guide and the
provisions of Eagle County Land Use Regulations or any other ordinances, resolutions or
regulations of Eagle County, the provisions of this Guide shall prevail and govern the development
of Adam's Rib Frost & Salt Creek Development.
IX. ENFORCEMENT
The Design Review Committee shall have the sole responsibility for interpreting and enforcing this Guide
in accordance with the terms of the CC&Rs, provided, however, Eagle County shall have the independent
right and responsibility to enforce the provisions of this Guide. Eagle County expressly reserves the right
to refuse to approve any application for a building permit or certificate of occupancy for the construction
or occupancy of any building or structure within the Adam's Rib Frost & Salt Creek Development if said
building or structure fails to comply with the requirements of this Guide. This provision shall not be
construed as a waiver by any appropriate party, including without limitation, any owner of a Dwelling
Unit, the Adam's Rib Master Association, the Design Review Committee, or the Developer, of any right
to appeal, pursuant to the appeal rights otherwise available under the Land Use Regulations, Eagle County
building codes or by other applicable law.
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EXHIBIT leI
Atllllll'S I~ill
FROST CREEK & SALT CREEK PUD
WILDLIFE MITIGATION AND ENHANCEMENT PLAN
This wildlife mitigation and enhancement plan is developed to avoid minimize and
mitigate wildlife impacts resulting from the Frost Creek & Salt Creek PUD (PUD).
The Adam's Rib Master Homeowner's Association will have the responsibility and
authority for enforcing this plan. This plan will be incorporated by reference into
the Master Declaration of Covenants, Conditions and Restrictions for this PUD.
1.0 DOGS
Each residential lot will be permitted to have up to two dogs and offspring up
to three months old. Dogs will be prohibited on residential lots until
adequate facilities, such as fences, walled space, dog run, or kennel are
installed on the lot. These facilities must be located immediately adjacent to
the home and within the building envelope and shall not exceed more than
600 square feet, have a top and meet the design requirements of the Design
Review Committee (DRC). If the facilities are inadequate to contain the
dog(s), the dog(s) will be removed until an approved and adequate structure
is built.
At no time are dogs to be allowed to run freely at Frost Creek. When dogs
move beyond their owner's building envelope, the dog(s) must be controlled
by a leash and under the direct control of it's owners(s) or owners
representative at Frost Creek. Off their property, in developed areas,
owners or owners representative shall be required to immediately pick up
any fecal waste of their animals and disposed of in the appropriate manner.
Guests of homeowners shall comply with all the dog control measures
contained herein. It is the lot and/or dog owner's responsibility to ensure
compliance.
Any dog harbored on-site must be licensed by the appropriate governmental
entity, and must wear the numbered identification tags provided.
02/01/05 Page 1 of 10
Visitors to the PUD shall be prohibited from bringing dogs onto the PUD.
Contractors, subcontractors and their employees and other employees within
the PUD are prohibited from harboring dogs and immediate removal of the
dog shall be necessary at Frost Creek.
The County and Colorado Division of Wildlife (CDO\V) may also control
stray dogs within the Frost Creek. Persons not in compliance with these dog
restrictions will be responsible for any and all costs incurred by the County
and/or CDOW for enforcing these provisions.
Adam's Rib Frost Creek employees and residents will be educated regarding
dog policies. Homeowners should be educated that they should not feed dogs
and other pets outside their homes, including decks, to avoid attracting
nuisance wildlife or predators. Additional dog/animal policies may be
developed by the Master Association that are more restrictive and/or more
explanatory than listed in this Plan.
2.0 FENCING
Except for designed character fencing (including privacy fencing), dog runs,
temporary erosion, sediment control and construction fencing, fencing
associated with the golf maintenance facility and any PUD perimeter
boundary fencing, fencing is prohibited throughout the Frost Creek to
facilitate local and migratory wildlife movements, optimize habitat
availability, and reduce wildlife mortality, fencing is allowed at Salt Creek
for the equestrian center.
Any PUD perimeter boundary fencing shall be installed and maintained by
the developer and/or the Master Association. All PUD perimeter boundary
fencing must be wildlife friendly and not exceed 42" in height and not restrict
movement of deer and elk with an opening in the lower Yz of at least 16 inches
to allow passage of deer fawns and elk calves except for approved privacy
fences and security fences. If wood rail fencing is used for PUD perimeter
boundary it should not exceed 42 inches in height and 12 inches in width (top
view), and an opening in the lower Yz of at least 16 inches.
An approved privacy fence, for wildlife purposes, shall be no less than 72" in
height with no openings, to enclose up to 2,500 square feet, provided it is
immediately adjacent to the residence and is entirely within the permitted
building envelope. Such privacy fencing will be designed and constructed so
as to not block or restrict deer and elk movement through the PUD.
If security fencing is needed and approved by the DRC it must not be less
than seven feet in height and must be so constructed that wildlife movement
through the PUD is not lost or impaired.
02/01/05 Page 2 of 10
3.0 HORSES AND OTHER LIVESTOCK
It will be expressly prohibited to board or keep any livestock, which includes
horses, anywhere within the Frost Creek, horses are allowed at Salt Creek.
Adam's Rib, or its operator, may use horses for western style events, such as
sleigh rides but no overnight boarding will occur on the Frost Creek,
overnight boarding is allowed at Salt Creek.
4.0 BEARS AND MOUNTAIN LIONS/TRASH RElVIOV AL/NUISANCE
WILDLIFE
The PUD contains some high quality black bear habitat in and around the
Frost Creek area on the PUD. Black bears are known to travel great distances
in their daily seasonal movements. lVlost bears do not cause damage where
residential areas have encroached into bear habitat. The key is that if a bear
doesn't find food it will move on. Black bears are omnivorous and while they
mostly eat vegetation, they will eat almost anything. They will eat human
food, garbage, hummingbird nectar, birdseed, pet food, grease off grills,
suntan lotion, etc. Garbage generally provides the greatest attraction for
bears to residential developments. Once a bear has found an easily
accessible, consistent food source, it will overcome its wariness of people and
visit the site regularly. This increases the chance of a bear-human encounter.
After repeated use of the food source, the bear may even act aggressively
toward residents, their pets, or their unsuspecting neighbors. When this
happens and wildlife authorities are notified, the bear may be killed to
protect human safety.
The following measures will be required to reduce potential bear problems:
1. All lots must use a bear proof trash can.
2. There will be no outside storage of any trash or garbage, no matter
how briefly (e.g. overnight), at any residence or anywhere in the
development, except for the bear-proof trash containers.
3. There shall be no dumps or underground disposal within the
development. Buried garbage will attract bears.
4. Residents will be prohibited from using a garden compost pile, unless
the compost pile is contained in a bear-proof receptacle, meeting
North American Bear Society, CDOW, or U.S. National Park Service
specifications and DRC approval. Residents will be educated that
household and garden waste contributions to compost piles compose
the materials that can attract bears and create problems. Composted
yard waste consisting of leaves, grass, small branches, etc. do not
usually attract bears.
02/01/05 Page 3 of 10
S. Pets shall not be fed outside. Bowls of pet food left on the back deck
will attract bears and other predators (e.g., coyotes) and nuisance
species (e.g. skunks) of wildlife. Some of these wildlife species may
carry disease that can be transmitted to pets, if the pets aren't eaten.
Bird feeders must be taken in at night..
6. Homeowners will be educated about bears and other local wildlife via
CDOW's brochure entitled: "Living with \Vildlife in Bear Country".
One copy of the brochure(s) will be provided to each homeowner at
the closing of lots and/or homes. (See also Educating Residents, 11.0)
Mountain lions are occasionally present year-round on the Adam's Rib
properties, but may be more common from fall through spring when deer
and elk (prey species) are wintering and fawning/calving at lower elevations.
In other areas of Colorado, where subdivisions encroached upon mountain
lion habitat containing high concentrations of prey species, encounters
between lions, humans, and their pets and livestock have increased. The
following measures will be implemented to minimize lion-human conflicts:
1. All residents and perspective residents will, as available,
receive a copy of the CDOW's brochure entitled "Living with
Wildlife in Mountain Lion Country."
2. With the exception of bird feeders, the feeding, baiting, salting,
or other means of attracting wildlife to individual yards or
development facilities will be prohibited within this PUD.
5.0 RIPARIAN/WETLANDS
Riparian habitats support some of the highest wildlife values of any habitat
type. Riparian enhancement for reaches along Brush Creek and Salt Creek
on the PUD will help this community achieve its wildlife potential and
improve non-game and fishery values.
Permanent impacts to wetlands will be avoided. Riparian areas will also avoid
permanent impacts except for proposed roadway, golf crossings and
development, where impacts will be minimized.
Golf education and appropriate signage will be in place to inform golfers of
the rules and regulations on avoiding wetlands and sensitive areas.
To offset the 0.88 acres of riparian being effected by the golf course 0.88
acres of additional riparian will be replaced to make up such loss.
02/01/05 Page 4 of 10
6.0 WILDLIFE MITIGATION
Adam's Rib is affecting 18.2 acres of wildlife habit. Adam's Rib will pay a
mitigation trust amount at the final plat recording to the Colorado Wildlife
Heritage Foundation to be kept in the Eagle Wildlife Mitigation Trust Fund
based on the following formula;
18.2 acres impacted X 1.57 (conversion factor) = 28.6 acres
28.6 acres X $69.00 (cost of fertilizing 1 acre) = $1,973.40
$973.40 + 3 years = $657.80
$657.80 + .05 = $13,156.00
$13,156.00 is the amount to be put into trust fund.
7.0 CDO\V INDEMNIFICATION
Adam's Rib or its successors and assigns agree to indemnify the Colorado
Division of Wildlife against all future claims in regards to wildlife damage
within the PUD.
8.0 GOLF COURSE AND/OR OPEN SPACE MANAGEMENT
Personnel, homeowners, guests and visitors within the Frost Creek will be
prohibited from chasing, scaring, frightening, disturbing or otherwise
harassing in an attempt to coerce wildlife off of golf courses, all open space
areas and no one is allowed into the mapped wildlife areas at Frost Creek at
all during the winter periods excluding golf course play and justified golf
course maintenance. This provision and the exclusion will apply during
winter and production (fawning, calving and nesting) periods. \Vinter
periods are defined as December 1 to April 1 and production period is
defined as from March 15 through June 30. Practical means, such as
fencing, can be used to keep wildlife off of golf course greens and tees. This
provision does not limit play of the golf course during the golf season.
The PUD will have the right to locally restrict wildlife from golf course tees,
greens, landscaping clumps and other sensitive areas by using temporary
fencing and other passive means. Any fencing erected will not restrict free
movement of wildlife but should be used in small, isolated areas to help
direct wildlife and/or people.
Current Best Management Practices (BNIP's), will be incorporated into a
Nlanagement Plan for Golf Course Maintenance and Operations. A draft of
02/01/05 Page 5 of 10
BMP's for the Plan will be developed by the approval of the final platting of the
Golf Course. The Bll1.P'S for the Plan will describe the proper procedures for
the application of fertilizers, herbicides, pesticides and any other chemicals.
Drainage will be depicted in the Plan to ensure that water quality measures
are in place to prevent adverse impacts to wetlands, waterways or riparian
areas.
9.0 ADDITIONAL COMlVlITMENTS
A. This Wildlife l\1itigation Agreement will be incorporated by reference into
the l\'laster Homeowners Association's Master Declaration of Covenants,
Conditions and Restrictions for the PUD and cannot be changed without the
written consent of the CDOW and Eagle County.
B. Wildlife mitigation measures will be prepared in booklet and information
form to present to new homeowners. The Wildlife Mitigation Plan will be
duly promulgated and enforced by the Master Homeowners Association and
Board of Directors.
10.0 ENFORCEMENT
The authority to enforce the terms of this Plan is granted to the PUD
Homeowner's Association. In the event that there is a violation of this Plan
by an owner within PUD, then the following procedures shall be taken by the
Homeowners Association to enforce the terms hereof:
1. The owner violating the Plan shall first receive a written warning of the
violation. The violation shall be cured right away. In those applications
where it will take a reasonable and sensible person a greater time period
to correct the infraction, then a grace period will be allowed in which
immediate steps to correct the infraction will be taken. Examples might
be a fence removal or the reclamation of ground disturbance.
2. If a second offense occurs of the same type of violation or the owner does
not immediately, or within the grace period given, correct the initial
violation, then a fine of $100 will be assessed against the owner.
3. If a third offense occurs of the same type of violation or the owner
continues to not immediately correct the violation then a fine of $400 will
be assessed against the owner.
4. If the fourth offense occurs of the same type of violation or the owner
continues to not immediately correct the violation then a fine of $400 will
be assessed against the owner. If the fourth offense and fine is the result
of a dog, then the removal of the dog from the PUD will be taken, which is
causing the problem, for a period of not less than 6 months. Any
02/01/05 Page 6 of 10
subsequent dog violation will result in the permanent removal of the
offending animal.
5. If a fifth offense occurs of the same type of violation or the owner
continues to immediately not correct the violation then a fine of $800 will
be assessed against the owner.
6. Any subsequent violation or the owner continues to not immediately
correct the problem the fine will continue to double until the 10th offense.
At this time the accrued unpaid fines shall be assessed an annual
compounding rate of20%.
The above provisions relating to "owners" also include by this reference the
Homeowners Association.
The authority to enforce the terms of this Plan with respect to the golf course
property is granted to the Golf Course Operator. In the event that there is a
violation of this Plan by a golfer on the Frost Creek golf course property, then the
following procedures shall be taken by the Golf Course Operator to enforce the
terms hereof:
1. The golfer violating the Plan shall first receive a written warning of the
violation. The violation shall be cured right away.
2. If a second offense occurs of the same type of violation or the golfer does
not immediately correct the initial violation, then a fine of $100 will be
assessed against the owner.
3. If a third offense occurs of the same type of violation or the golfer
continues to not immediately correct the violation then a fine of $400 will
be assessed against the golfer.
4. If a fourth offense occurs of the same type of violation or the golfer
continues to immediately not correct the violation then a fine of $800 will
be assessed against the golfer.
5. Any subsequent violation or the golfer continues to not immediately
correct the problem the golfer will loss all golf privileges at the Frost
Creek golf course for a year.
All collected fines will be paid to the Wildlife Trust Fund.
Other Provisions of Enforcement:
02/01/05 Page 7 of 10
. The homeowner's association may take such action as is reasonably
necessary to cause the violation to cease, including entry on the property
of the owner if necessary. For example, in the event of a pet or livestock
violation, the animal(s) which are in violation may be removed from the
owner's property for permanent disposition if prohibited or for a period
of six (6) months if the animal(s) are permitted but are violating the Plan.
Enforcement of animal violations will be made only with respect to the
express provisions of this Plan (or as otherwise set forth in the
homeowner documents of the association). Additional rules and laws of
Eagle County (such as those regarding leash requirements, barking, etc.)
are also subject to enforcement by Eagle County within the PUD.
. Payment of Fines: If an offender refuses to pay fines in a timely manner
(not to exceed 21 days after the second offense, 10 days after the third
offense and 3 days after each subsequent offense) then each non-payment
constitutes a separate violation of offense. Continued non-correction of
the offense is also considered a violation or offense. All legal remedies
available under the laws of the State of Colorado for the Homeowner's
Association to remedy the offense(s) including possible court action
and/or the filing of liens, may be placed on the owner for the continuing
offenses(s). Cost of collection/remedy of violations/fines may be assessed
the owner~
. If after a consecutive 12-month period with no similar violations then a
written warning will be the next and first offense.
. 15 % of the fines go to the Homeowners Association to cover
administrative costs and 85 % go to the Wildlife Trust Fund. In the event
of added administrative costs due to enforcement of these provisions
against an offender then the Homeowners Board may allocate a higher
percentage of fine revenue to cover actual costs only.
. An owner, for the purpose of this Section 10.0 and these wildlife
mitigation and restrictions shall mean any person residing in the PUD
whether an actual owner, renter or leasee or occupant.
. Any guest/visitor of any owner who violates these wildlife regulations will
be subject to the fines or violations or both as set forth herein. If the
fines are not paid or, the violations are not remedied by such guest then
the owner will be responsible for the payment of the fine and any other
appropriate remedy. Any golfer who violates any provision of golf play
as it pertains to this Wildlife Agreement will be subject to the above
enforcement schedule. A guest of any owner will also be prevented from
playing on the golf courses if any fines or violations or both attributable
to such guest remain outstanding or unresolved.
02/01/05 Page 8 of 10
. If an employee within the PUD is found to be in violation of these
provisions then said employee is subject to the same enforcement
provisions and any other disciplinary action taken by the employer,
including the possible loss of employment.
. Any contractor, subcontractor and/or their workers who violate a
provision of this plan shall immediately remedy the situation and receive
a warning. A second subsequent and similar violation shall result in the
immediate eviction of said person(s) for a 24-hour period from the PUD
and a remedy of the problem. A third subsequent and similar violation
will result in the immediate eviction of said person(s) for seven (7)
consecutive days and a remedy of the problem. A fourth subsequent and
similar violation will result in the immediate and permanent eviction of
said person(s) from the PUD and a remedy of the problem.
. If the association or its authorized agents(s) knowingly fail to enforce the
Plan, and association guidelines and covenants, the association will be in
violation and will be fined according to the fine structure outlined in this
section. The exception of not being able to recover any administrative costs
associated with the fines.
. Whenever there is a conflict between development declarations,
guidelines, covenants, conditions, and/or restrictions; then the most
restrictive provision will apply.
. Eagle County and the CDOW may enforce any and all provisions of this
\Vildlife Mitigation and Enhancement Plan, in their sole discretion.
11.0 EDUCA TING RESIDENTS AND GOLFERS
Homeowner's moving to the PUD will do so partly because of the natural
setting and the wildlife it contains. Many homeowners will be unfamiliar
with the wildlife of Colorado and its mountains and the responsibility that
goes with living in this setting. Homeowners generally do not want to
disturb, harass, or impact wildlife, but they may unwittingly do so. Adam's
Rib will develop information such as a brochure that educates homeowners
about the local wildlife community, what planning went into the design of the
PUD to accommodate future needs of wildlife, what must be done to ensure
that this wildlife use continues and certain stewardship responsibilities and
demands that go along with living in the PUD. To be addressed in this
wildlife information will be possible wildlife conflicts which may occur in the
PUD and ways to minimize those conflicts. Area birds and both large and
small mammals, which people may have conflict with, will be covered in the
homeowner's information and provided to the residents of the development
at the time of closing. A copy of this Wildlife Mitigation Plan will be given to
02/01/05 Page 9 of 10
each owner at closing. In the case of non-owner residents, a copy of the
Wildlife LVlitigation Plan will be provided at the time they move into the PUD.
All golfers will receive information regarding the appropriate provisions of
this Plan when they sign up for a round of golf.
12.0 WILDLIFE lVIORT ALITY ON LOCAL ROADS
Vehicle speeds on most proposed roads within the PUD, should be slow
enough to avoid killing most wildlife that may be crossing roads. Adam's
Rib is not presently used as a significant east-west wildlife movement
corridor, although that could change. Deer, elk and bear do cross the Brush
Creek Road and parts of this property.
The PUD, however, is accessed by high speed roads, including 1-70, Highway
6, and portions of Brush Creek Road north of the property, where moderate
numbers of deer and elk are killed by vehicles each year. Obeying posted
speed limits would not only reduce wildlife mortality, but would also reduce
the risks of damage to personal property and injury to motorists. PUD
residents should be educated about avoiding wildlife on roads in any
educational information that is developed.
02/01/05 Page 10 of 10