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HomeMy WebLinkAboutR06-074 - Rec #200618749 - approving zone change lots 13 & 14 Brett Ranch from RR to PUD Commissioner /~itTfl~! moved adoption of the following Resolution: f/ BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 _ A RESOLUTION APPROVING A ZONE CHANGE ON LOT 13 AND LOT 14 OF THE BRETT RANCH SUBDIVISION FROM RURAL RESIDENTIAL (RR) TO PLANNED UNIT DEVELOPMENT (PUD) AND AN AMENDMENT TO THE BRETT RANCH PLANNED UNIT DEVELOPMENT Eagle County File Nos. ZC-00081 and PDA-00063 WHEREAS, on or about March 14,2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by Richard C. Agett, Richard Agett Revocable Trust and Michelle L. Mello, (hereinafter "Applicant") for a zone change amendment of Lot 13 and Lot 14 of the Brett Ranch Subdivision located in Edwards, Colorado, Eagle County File No. ZC- 00081; and WHEREAS, on or about March 14, 2006, the County of Eagle, State of Colorado, also accepted for filing an application submitted by Richard C. Agett, Richard Agett Revocable Trust and Michelle L. Mello, (hereinafter "Applicant") for an amendment to the Brett Ranch Planned Unit Development to include within the Brett Ranch PUD Lot 13 and Lot 14 of the Brett Ranch Subdivision, Eagle County File No. PDA-00063; and WHEREAS, notice of the proposed amendment was mailed to all owners of property located within and adjacent to the PUD and was duly published in a newspaper of general circulation throughout the County conceming the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board"); and 1 WHEREAS, at its public meeting held June 7, 2006, the Eagle County Planning Commission, based upon its findings, recommended approval of the proposed zone change and conditional approval of the proposed PUD Amendment; and WHEREAS, at its public meeting of June 20, 2006, the Board considered the zone change and PUD Amendment applications, associated plans and the statements and concems of the Applicant and the Eagle County staff; and WHEREAS, based on the evidence, testimony, exhibits, review of the Eagle County Comprehensive Plan, the recommendation of the Eagle County Planning Commission and staff, and comments from all interested parties, the Boards finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Eagle County Planning Commission and the Board. Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for determining whether to adopt, adopt with modifications, or disapprove the proposed amendment to the Official Zone District Map: 2. Consistency with the Comprehensive Plan. The proposed amendment does adequately consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations; 3. Compatible with Surrounding Uses. The proposal does provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property; 4. Public Benefit. The proposal does address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands; 5. Change of Circumstances. The proposal does address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. 6. Adequate Infrastructure. The property subject to the proposal is served by adequate roads, water, sewer and other public use facilities. 2 Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Preliminary PUD Plan: 7. Unified ownership or control. The title to all land that is part of this PUD is not owned or controlled by one (1) person. However, the lots that would be directly affected are owned by the same persons. 8. Uses. All of the proposed additional uses that may be developed in the PUD are uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 9. Dimensional Limitations. The dimensional limitations that shall apply to the PUD are those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. 10. Off-Street Parking and Loading. It has previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment will not adversely effect the adequacy of the existing off-street parking and loading. 11. Landscaping. Landscaping provided in the approved pun Preliminary Plan has been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. With the recommended condition, the proposed pun Amendment does not impact existing landscaping nor require additional landscaping. 12. Signs. The sign standards applicable to the PUD are as specified in the Brett Ranch Planned Unit Development Guide, currently in effect for the Brett Ranch PUD. 13. Adequate Facilities. It has previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. 3 14. Improvements. It has previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect improvements regarding: safe, efficient access; intemal pathways; principal access points; and snow storage. 15. Compatibility With Surrounding Land Uses. The development proposed for the PUD has been determined to be compatible with the character of surrounding land uses. The proposed PUD Amendment will not adversely affect this compatibility. 16. Consistency with Comprehensive Plan. The PUD is consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Comprehensive Plan. 17. Phasing. A phasing plan is not required for this PUD Amendment. 18. Common Recreation and Open Space. It has previously been determined that the development does comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect common recreation and open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. 19. Natural Resource Protection. It has previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD amendment will not adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: 20. Consistent with Comprehensive Plan. The PUD is consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment will not adversely affect the consistency with the Comprehensive Plan. 21. Consistent with Land Use Regulations. It has previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment will not adversely affect compliance with these standards. 4 22. Spatial Pattem Shall Be Efficient It has previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial pattems. The proposed PUD Amendment does not adversely affect the spatial pattems in the area. 23. Suitability for Development It has previously been determined that the site was suitable for development. The proposed PUD Amendment does not alter the suitability of the property. 24. Compatible With Surrounding Uses. It has previously been determined that the development is compatible with other development in the area. The proposed PUD Amendment will not adversely effect the compatibility of the resulting development with surrounding uses. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminary Plan for PUD: 25. The proposed PUD Amendment (1) is consistent with the efficient development and preservation of the entire Planned Unit Development, and (2) does not affect in a substantially adverse manner either the e~oyrnent of land 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. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: 26. A revised PUD Guide is not required for this PUD amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT the petition of Richard C. Agett, Richard Agett Revocable Trust and Michelle L. Mello, File No. ZC-00081, for a Zoning Amendment to change from the Rural Residential (RR) to the Planned Unit Development (PUD) Zone District be and is hereby approved for Lot 13 and Lot 14 of the Brett Ranch Subdivision (See Exhibit "A"). THAT, the application submitted by the Richard C. Agett, Richard Agett Revocable Trust and Michelle L. Mello, File No. PDA-00063, for amendment of the Brett Ranch Planned Unit Development be and is hereby granted with the following condition: 5 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 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 2006, nunc pro tunc to the 20th day of June 2006. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNZ-~;eSSIONERS B~/~~ Peter F. Runyon Clerk to the Board of Ch . County Commissioners Commissioner . Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Peter F. Runyon Commissioner Tom C. Stone ~ ' This Resolution passed by 7/ L) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 Brett Ranch Lots 13 & 14 Vicinity Map Exhibit "A" f ...,~' ~t-.>r" ' --:"... ,- ,~- '- "" ~- '::, ~. ~.-_-. '- < . -,.. . .- \ .... I. ',:..--. ~.. . t.:-' ,j7 (~ , ~'-.- , - - ,.... ~ ~. '. ......... --_. ':.,. J _ _ ,~ _.~..... -.~" - . .. ~. , --:-t .- ':", BRETT RANCH . - - PLANNED UNIT DEVELOPMENT GUIDE - 174255 11/21/1111 11:14P 37e Sar. Fa.her 4 0' 21 R e.1I De.. N e.1I Ea,l. co Amended PUB Sept. 21,1998 ( PURPOSEIGENERAI. PROVISIONS - .- ......"..-..., .' r L ~. A. PURPOSE , , ", ~'':'- .. . '!" '",,; This, PUD Guide sets forth land uses and development in the unincorporated area of the County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted therein and ~sory buildings and uses; and provides additional supplementary regulations. Brett Ranch is a'large parcel of land Under single development control and is suitable for creation of a residential comnmnity with a mix of recreational and other uses. This large parcel of land is particularly weD suited for long-range COmprehensive planning, which, in turn, will aid in the protection of the environment, while at the same time facilitating the development of an aesthetically pleasing community. The Planned unit Development Act of 1972 and Board of Eagle County COmmissioners permit adoption of a development guide within the context of the planned unit development zoning regulations applicable to such land in order to establish and implement such a long-range comprehensive plan. A long-range comprehensive plan has been formulated for Brett Ranch encompassing such beneficial features as a balance. _ of residential and recreational uses; enhancement of public safety; creation of an aesthetically pleasing living environment; and promotion of high standards of development quality by stringent site planning, landscaping controls and architectural design guidelines all for the benefit of the existing and future citizens of Eagle County. (~ B. GENERAL PROVISIONS - - :.--~:J d L. Control Over U~ After the effective date of approval of this PUD Guide: a. Any new building or other structure, and any parcel of land, may be used; and b. The use of any existing building, other structure or parcel of land may be changed or extended; and c. Any existing building or other structure may be enlarged, reconstructed, structurally altered, converted or relocated for any purpose permitted or required by the provisions of this PUD Guide applicable to the area in which such building, other structure or parcel of land is located, and for no other purposes. Such use, change, extension, enlargement, reconstruction, structural alteration, conversion or relocation shall be subject to all other standards and requirements set forth or referred to in the standards and requirements for that area, and to any other applicable standards and requirements of this PUD Guide. .74255 le/2l/1111 11:14P 378 Sara Fisher ! of 21 R e.1I P e." N e." Ea,l. co 1 I I l" Control Over Location and RIIIlr{"" ' . -~, _',__,'-;. ~:.;,,:,.;~l_~.. J,;' .', After the effective date of this PUD Guide the location and bulk of all buildr- and other structures, exisri"l and future shall be in conformity with: .:-....:c~.: / _,"1.,- _><"r_ '--''',~ ~-::'t-_i -_+f~ t<:"&~:-f' ,':'" " "' ; __~- :. ' a..:'A1f~'aDd ~ine~set'~orthor re~ to in the standards .~. ,:.and requttements for the area m which such buildings and other stIUCtures are loca~; and , . . . ,-'-.---e--~~', .". :,'.'., _:.: :',,:':'.~'- b. Any other applicable standards and requirements of this PUD Guide and the Design ReviewGuideIine$ for Area D's single-family homesitcs. ,- :.,~..........<-..I;'"l':. . .' C J "" "" . . 3.:. Inco1l'Oration of Developnem Plan The plan of development for Brett Ranch including the location and boundaries of planning areas, the use, the circulation elements and the densities established by the PUD Guide, are shown upon the "Brett Ranch PUD Overall Development Plan". The PUD Overall Development Plan is hereby incorporated by reference into this Development Guide together with everything shown thereon and all amendments thereto. ~ Design Review Guidelines . . - .I.'....~,.' Brett Ranch PUD Guide contains broad design guidelines for each of the planning areas. Said design guidelines are intended to supplement and complement Eagle County's Building Ordinanc:es. Where any conflict may occur, the most restrictive provision shall govern. Eagle County shall (~) admini~ provisions of the PUD Guide. Each area's Property Owners Association will administer the Design Review process. ~ PlannillV Area Boundaries Wherever a planning area abuts a street as shown in the Development Plan, the boundary is the abutting right-of-way line of such street. Wherever a planning area does not. so abut a street, the boundary shall be as shown in the Preliminary Plan. The size of any planning area may increase or decrease after final determination by the developer during the final subdivision process with the approval of the Director of Community Development and without any amendment to this PUD Guide. 6. Horses and Other Livestock To minimi7.e fencing and the loss and degradation of valuable wildlife habitat, it will be expressly prohibited to graze, board or keep any livestock, including, but not limited to horses, on the Brett Ranch property. .74255 1./21/1_ '1: 1. 371 Sar. Fl."'" . ., 21 It .... De.. N .... E..l. co . (~ l ( 7. Wildlife Miti,ation Measures . :< :/-'f~'r,~ >" " The developer has entered into an agfeein~Di~di the' Colorado Division of Wildlife to avoid, minimiu, and mitigate wildlife impactsre.suJting from the planned development. The Wildlife Mitigation Agreement was recorded on April 2. 1998, Reception #651235 and is an integral component of ,~,0'V~ plan to develop the Brett Ranch property. Each property owner wiU receive.the Wildlife Mitigation AgreemeD! upo~ entering into a contract to purchase. Various recOmnlendations of'the Wildlife MitigationAAgieeiDem have been incorporated into the General Provisions and Architectural and Site Design Guideline sections of the PUD Guide; however, the Wildlife Mitigation Agreement contains more specific recommendations and shall guide future development and construction. Where any conflict may occur, the most restrictive provision shall govern. A wildlife biologist will provide the County with a report certifying that proper signage for spawning and wetland closure areas are in place and sufficient prior to the rust application for a building permit on the Brett Ranch PUD. ~ Riparian Corridors A seventy-five (75) foot buffer has been provided for along Lake Creek, consistent with the '- recommendations of the Eagle County Eagle River Watershed Plan and the Wildlife Mitigation Agreement. No structures will be erected within the buffer areas. Any development near the buffer areas shall minimize disturbance to the vegetation, specifically the narrowleaf <I~ cottonwood/Blue spruce riparian community along Lake Creek. No community trails shall be ..>; constructed or permitted within the buffer zone south of Highway 6. Development associated with Area A will occur above the 100 year flood plain and will avoid all existing wetland areas. - - Runoff, including, but not limited to storm water, road/parking lot residue, fertilizers, herbicides, pesticides, etc., from developed areas on the property should be diverted into sediment ponds or wetland treatment ponds to avoid untreated runoff from entering wetland and riparian habitats. Wetland and riparian areas must be staked off to prevent disturbance during cOnstruction. Each building permit submitted to J?agle County must delineate the construction area requested for the construction for which the permit is sought, including all areas for contractor parking/staging and all areas that will be disturbed during construction. The application will also include specific sediment and erosion control measures to be taken~ including delineating fencing of the construction area. The Engineering Department will review these building permits to ensure that no disturbance to wetlands and/or riparian area will OCCur. A condition of the continuing validity of the building permit shalJ be that the construction area is fenced, that the sediment and erosion control measures are performed, and the disturbance, construction and parking areas are confined to the areas delineated, in accordance with the permit application. Further, the building pennit~'s engineer must submit from the time of C issuance of the building permit to successful revegetation of the site, and must verify that all protection measures are installed and operating correctly. I i I 174255 11121/1111 e1a 1. 371 Sara 'Iaher 3 7 0' 21 R e." D e.1I N e.1I Ea.l. co I t'? !L ASSIGNED LAND USE DESIGNA~O~S. . . (" jj .;;~":. ::; .c.;.j; {la."f'rUt n'"; f:~. >{~ ,,~ The following list identifies Planning areas within the Brett Ranch PUD and their respective land use designations. ...,' _:. (., ~ ~ ~' \ ':.1 :..... k; c -, /" '.: ," '_'," , . '. . .. .--.. .' .. .~.. .... DVie1JiDg Units PlanniTl' Area Gross'~I~>::"',; (Square footage) DUlAc Parkinr A - Multi Family 20.000' , . 156 7.8 .390 B - Public Use .7.515 ~ C - Multi Family . 7.315 36 4.9 90 D - Single Family 20.880 14 0.7 E - Recreation 3.700 F - Open Spacerrrust Lands 55.707 R.O.W. Area A 0.975 R.O.W. Area C 1.176 R.O;W. Area E 0.272 TOTAL 117.540 206 1.75 . '- ID. LAND USE DESIGNATIONSIDEVEWPMENT STANDARDS A. PLANNING AREA A - Residential Multiple Family C~ 1. Purpose - To provide sites for the development of multiple family dwellings. 2. Permitted Uses a Townhouses, condominiums, single family, duplex and multi-plex structures including both ownership and rental b. Recreational activities and facilities; including but not limited to, playgrounds and equipment, tennis courts, basketball courts, outdoor swimming pools, restrooms and trails. c. Child care facilities d. Utility services e. Residential sales and management offices for on site development C .74255 11/21/1111 81:14P 371 Sar. FA""" . 0' 21 It '.01 D '.01 N '.01 E.,l. CO 3. Development Standarda .i~"V.:'. , C .".; i;J~! L_~~ ": a Setbacks - Minimum setback: Front yard: 20 feet S.de yard: " 10 feet 1 . "., Rear yard: 1 S feet Garag~ 10 feet b. Maximum building iieight . 40 feet "': "". :.. ,~. , c. Parking: Two and one-half off-street parking spaces per unit, including the garage 4. PlatIFiling Land Use DesiQllat10g Multi Family . . - B. PLANNING AREA B - Public Uses (I' 1. Purpose To provide sites for ~e development of a water treatment facility and other public . use facilities. 2. Permitted Uses a Water treatment facility and related activities b. Public and private schools c. Public facilities d. Utility services 3. Special Uses a Child care facilities l17425! 11121/1_ 11:1. 378 S.... Fiaher . . ., 21 R 1.11 D I.M N 1.11 Ea,l. CO S b. Recreational activities a.nd. ~tics; including but not limited to, playgrounds and eqwpmen( tennis. courts, basketball courts, outdoor r swimming pools, restrooms and trails. '. . - .." _ _.. , c_ <~ ~ , c. " Employee housing : j.,"':' ,-:. .. ~. '.. ---- --, 4. Dcvelooment S~ a. Setbacks _- Minimum ~tback:, From Highway 6 - 50 feet' Western Property Line - 20 feet Distance between structures - 20 feet Private street and parking areas - 10 feet b. Maximum Building Height - 48 feet c. Parking - Provide parking sufficient to meet the needs of the uses meeting the minimum requirements of the Eagle County Land Use Regulations. . - - 5. PlatJFilin~ Land Use Desimation Public Use C. PLANNING AREA C - Residential Multiple Family/Church 1. Puroose - - To provide sites for the development of multiple family dwellings or church related activities. 2. Permitted Uses a Townhouses, condominiums, triplex and duplex structures including both ownership and rental b. Recreational activities and facilities; including but not limited to, playgrounds and equipment, tennis courts, basketball courts, outdoor swimming pools, restrooms and trails. c. Child care facilities d. Utility services e. Residential sales and management offices for on site development ( j .74255 11/21/1188 11:14P 37. Sara ~jaher 11 0' 21 It ... D I.. N .... Ea.l. CO . C f. Church - A building or group of buildings used for gathering of persons for such purposes as worship, deliberation, education, instruction, entertainment, recreation or non-commercial dining. Uses include churches, chapels, church related offices, meeting facilities, recreational and educational facilities, residential units owned by individual churches or other non-profit entity and other church related uses. 3. Development Standards a. Setbacks - Minimum setback: Front yard: 20 feet Side yard: 10 feet Rear yard: 15 feet Highway 6: 50 feet Lake Creek: 75 feet from high water mark b. Maximum building height: 40 feet . . - c. Maximum Lot Coverage: 35 percent by buildings or a total of75 percent by all other impervious materials; C~ d. Floor Area Ratio: 45 percent, defined to include all space between ':i' . ~ '_ 1 exterior walls excluding true basements and garages; e. Parking: Townhouse - two and one-half off-street parking spaces per - dwelling unit, including the garage; Church - 1 space per 300 square feet of floor area; provided, the said minimum may be reduced upon determination that the various uses are utilized at different time intervals and on a daily basis. 4. Plat/Filimz Land Use Oesimation Multi Family/Church D. PLANNING AREA D - Single Family Residential 1. Pw:pose To allow sites for the development of single family homes C 7 174255 11/21/11" 11:14P 37. Sara Fl.her 11 0' 21 R .... D.... N '.01 E.,I. CO 2. Pennitted Uses a. Single Family Structures C-' b. Utility Services c. Residential sales and management offices for on site development 3. Development Standards a. Setbacks - Minimum setback: Front yard: 20 feet Side yard: 10 feet Rear yard: 15 feet Highway 6: 50 feet Lake Creek: 75 feet from high water mark b. Maximum building height: 35 feet . c. Parking: Four off-street parking spaces per dwelling unit, including the garage d. Building envelope: maximum 15,000 square feet 4. Plat/Filin~ Land Use Deshmation Single Family - E. PLANNING AREA. E - Recreation 1. Pwpose To provide an area for recreational uses and facilities including, but not limited to, playgrounds and equipment, tennis courts, basketball courts, outdoor swimming pools, trails, picnic grounds, parks, athletic fields and ancillary structures such as restrooms, gazebos, open air picnic pavilions and foot bridges. All such activities must confonn to the setback requirements listed below and in the Wildlife Mitigation Agreement. 2. Pennitted Uses a. Recreational facilities ( '742!! 10/2./1... 11:14P 371 Sara Flaher 12 0' 28 R 1.1e D 1.1e N 1.1e Ea,l. CO b. Picnic Areas and Pocket Parks ( Utility Services c. 3. DeveloDment Stan~ a Setbacks - Minimum setback: From Highway 6 - SO feet Eastern Property Line - 20 feet . Distance between structures - 20 feet Private street and parking areas - 10 feet Lake Creek - 75 feet from high water mark 4. Plat/FiliDll Land Use DesillIlation Recreation . . - .74255 11/21/1111 el:14P 371 Sar. Flaher . 13 of 21 R e.ee D e.ee N e.ee 1Ea.1. CO F. OPEN SP ACE/fRUST LANDS 1. Puroose To preserve sensitive and scenic areas upon the site and to provide areas for buffer zones, landscaping and recreational uses. The developer intends to donate designated open space areas to a land trust. 2. Permitted Uses' a. Open Space b. Trails c. Picnic Areas and Pocket Parks d. Utility Services 3. Plat/Filinsr Land Use Desisrnation Open Space 9 I I . ( . . . - IV. SUPPLEMENTARY REGULATIONS ( / A. ARCHITECTURAL PROJECI10NS ABOVE HEIGHT LIMIT - Architectural projections including towers, spires, cupolas, chimneys, flagpoles, observation towers may extend above the maximwn height limit no more than 15 feet. These architectural projections must be uninhabitable space. B. FIREPLACE REGULATIONS The installation of any wood burning devices within the PUD must conform to the currently adopted Eagle County regulations at the time of installation. C. AFFORDABLE HOUSING PLAN Eagle County housing studies indicate that there is a considerable shortage of affordable housing in Eagle County. It is estimated that an additional 2tOOO to 3,000 units will be needed by the year 2000. A large percentage of renters are paying more than thirty percent of their income for housing and an unusually high percentage of unrelated persons are required to become roommates in order to share expenses. The rate of home ownership in Eagle County is one of the lowest counties in the state. According to the Eagle County housing coordinatort affordable housing efforts are often geared toward placing fIrst time home owners in entry level housing. Generally, the concept of entry level housing is thought to apply to younger householdst and a Censu.( 174255 11/21/1118 11:14P 371 Sara FJah.~ 14 of 21 R 1.11 D I.ee N 1.11 E.,l. CO r C category, which corresponds to ~ is households headed by persons between the ages of 25 and 34 years old HUD provides yearly median income figures for families. According to the 1990 Census, households headed by persons aged 25 to 34 have a median income that is only 87% of the median family income. The estimated median income in 1997 for Eagle County is S59JOO. Eagle county housing policies define affordable housing levels as very low (0-50-A of median income), low (50-8001c. of median income), and moderate income (80-120-A of median income). Underwriters have established that housing expenses should not exceed 28% of income with a 5% down payment and a 30-year mortgage. Using underwriting criteria, very low income housing in Eagle County would be under $71,000, low-income housing would be from $71,000 to $124,000 and modera~-income housing would be from $124,000 to $194,000. All of the housing units planned for Planning Area A are directed specifically to the moderate-income level housing needs of Eagle County. The developers of Brett Ranch have fonnulated the following affordable housing program in addition to providing the housing itself: 1. The developer will establish and contribute funds as needed to a non-profit housing assistance entity (''the entity") to assist homebuyers at the Brett Ranch with down payments and closing costs. It is hoped that the Eagle County Housing Trust Fund will be established to administer such a program. . . - (\ In the interim, the developer will administer "the entity" with the assistance of a major mortgage lender, until all developer units are sold. The lender will develop the criteria for the applicants and apply to ''the entity" on behalf of the applicant. Criteria will include, but is subject change depending on future housing assistance efforts and changing mortgage underwriting criteria: a. Eligible applicants cannot have owned a home in the last three years. b. A maximum of a $6,000 loan or 4% of the purchase price to the applicant is a loan and will be repaid to the entity. After the developer units are sold, ''the entity" will be conveyed to Eagle County to administer, collect funds, and distribute funds for future down payment assistance programs throughout the County. c. The downpayment assistance loan will be paid back upon the owner selling, refmancing or renting their unit; otherwise, repayment will be in a defined number of years. 2. Employees of Cordillera and Wintergreen Homes and their affiliated companies, will be offered the first opportunity to purchase a housing unit of their choice at a five- percent discount from the listed price. These units must be owner-occupied. 3. Employers, employees and residents of Eagle County will have an opportunity to purchase a housing unit of their choice at a three- percent discount from the listed ~-. price. These units must be owner-occupied or leased by an Eagle County 11 1742ee 11/21/18.. 11:14P 371 Sara Flaher 1e 0' 21 R I.ee D e.ee N e.ee Ea,l. CO . employee/resident, if pW'Chased by an Eagle County employer. 4. The remaining units will then be offered to the general public. r .,,* 5. The developer will work with mortgage lenders to provide financting mechanisms that provide flexibility increasing the number of qualified homebuyers. Currently, such programs include: a. Mortgage lenders will reduce average closing costs approximately $500 by waiving underwriting and document preparation fees, and reducing appraisal and credit report fees. b. "100010 Loan to Value" financing can be obtained through mortgage lenders and the non-profit housing assistance entity. Usually, lenders will not approve mortgages exceeding 95% loan to value ratios. The Brett Ranch housing assistance entity could contribute the additional 5% for the down payment to qualified buyers. Normally, at least 3% has to come from the borrowers own funds. . . - c. Higher than average debt to income ratios can be approved. Housing costs to income ratios as high as 33% can be approved when usually this ratio will not exceed 28%. Total debt to income ratios can be approved as high as 40010 when the nonna! maximum is 36-38%. 6. The developer will work with Eagle County employers and mortgage lenders tGD establish employer assisted financing. Employers may offer assistance to help '-'.f employees cover closing costs, supplement down payments, or meet monthly housing expenses wit!tout affecting the qualification requirements for the borrower in the following ways: a. Grant. The employer provides a cash payment to the employee. b. Direct fully retlavable loan. The employer provides a secured or unsecured loan directly to the employee. c. Forszivable loan. The employer makes a secured or unsecured loan directly to the employee and agrees to forgive some or the entire principal at a specified. rate over a specified period of employment. d. Deferred payment loan. The employer makes a secured or unsecured loan directly to the employee and defers payment of principal until the stated term. The term of the loan must not be less than five years. This assistance can only be used to finance closing costs and supplement down payments. e. Monthlv payment assistance. The employer provides assistance that reduces the employee's monthly housing expenses to a fixed percent of gross monthly income. The term of the loan must be at least five years from the earlier of (I) the mOnthly payment commencement date under(the 174255 11/21/1191 11:14P 371 Sara Flaher 11 0' 21 R 1.11 D 1.11 N 1.11 Ea,l. CO ~ C note or (2) the employee's termination of employment. f. Guarantee of lender financed loan. The lender provides a seemed or unsecured loan to the employee based upon the employer's guarantee of any losses. . . - V. ARCIDTECTURAL AND SITE DESIGN GUIDELINES A. INTENT/CONCEPT C) The overall design intent of the Brett Ranch PUD is to insure the preservation and enhancement of the natural beauty of the site and to maintain a high level of quality of architectural and landscape design that will be established as a standard. The three following general concepts are of major importance in the development of the Brett Ranch PUD: 1. The natural landscape shall dominate the setting. 2. New development shall blend with existing natural landforms and native vegetation. .3. Vegetation and landforms surrounding individual building sites shall be left undisturbed and maintained in their natural states to the maximum extent possible. The design guidelines for Brett Ranch stress the importance of integrating land uses into the natural setting of the site and surroundings. This is the overriding goal. Specific architectural design controls are limited in nwnber but, firmly applied, present a unified visual theme throughout the development. B. SITE DESIGN AND LANDSCAPE GUIDELINES 1: Minimize GradingJPreservation of Landscape ( The intent and goals of Brett Ranch is to preserve the natural existing t~pography 13 .74255 1e/2./1111 e1:14P 37e Sara Fiaher 17 0' 21 R e.ee De." N e." E.,l. co . and minimhe disruption of the existing ecosystem arid alteration of topography and vegetation. The prescribed building sites have been located in a manner tha!, minimius grading and avoids disruption of the primary natural drainage syster( These attitudes and goals must be carried forward through to all levels of .. development including individual homesites. WIldlife habitats disturbed by construction activity outside of building envelopes should be reseeded or replanted with those native plant species originally present. ~ Riparian Corridor A seventy-five (75) foot buffer has been provided for along Lake Creek, consistent with the recommendations of the Eagle County Eagle River Watershed Plan and the Wildlife Mitigation Agreement. No Structures will be erected within the buffer areas. Any development near the buffer areas shall minimiu distUrbance to the vegetation, specifically the oarrowleaf cottonwood/ blue spruce riparian community along Lake Creek. No community trails shall be constIUcted or permitted within the buffer zone south of Highway 6. Development associated with Area A will occur above the too.year floodplain and will avoid all existing wetland areas. . . - Runoff, including, but not limited to storm water, road/parking lot residue, fertilizers, herbicides, pesticides, etc., from developed areas on the property must be diverted into sediment ponds or wetland treatment ponds to avoid untreated runoff from entering wetland and riparian habitats. , 3. Building EnveloDeS The "building envelope" is the area that will be designated on the final plat for each residential single family lot and defines the portion of the lot in which building may occur for Area D. Unless constituting a minor modification as described below, building encroachments outside Building Envelopes require a Building Env~lope Amendment. Building Envelopes may be amended by either of the following procedures: a Minor Modifications Building encroachments, not to exceed eighteen inches, outside Building Envelopes (i) of non-habitable space such as roof overhangs, balconies, service areas, porches, patios, carports and garages provided that (a) view corridors of adjacent property owners are not substantially impacted in an adverse manner and (b) that written consent of the Design Review Board has been obtained for such encroachments, and (ii) of habitable space not to exceed twelve inches, may be approved by the Eagle County Community Development Director. No encroachment may occur within the 75 foot setback along Lake Creek. Minor Modifications shall be under the authority of the Eagle County Community Development Director and mayor may not require an Amended Final Plat. b. Buildin2 Envelooe Adiustments ( 874255 18/21/1198 81:14P 378 Sara Fisher 18 0' 28 R 8.ee D 8.ee N 8.ee E.,I. CO e (. Amendments to the Building Envelopes may occur upon approval of one of two of the following processes: 1. Administrative Process - adjustme~ts in the location of the building envelope may be made if approved by the Eagle County Community Development Director. The applicant must submit the following information with their request for a building envelope amendment: - a properly executed application clearly stating the reason for the requested. change; - a list of all property owners within 7S feet of the outer boundaries of the lot in which the building envelope adjustment is being proposed (along with letters of approval from all available described property owners); - Design Review Board for Area D approval, and approved building site plans; and . - - - five copies of an Amended Final Plat which defines the current building envelope, the proposed change and the percentage charige of the envelope. C," The Amended Final Plat will be referred to appropriate agencies for review and comment. The Community Development Director will review the amended fmal plat and submittal information based on thefollowing criteria: - the proposed amendment will not substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed building envelope amendment has been sent, or is required by geologic or other hazard considerations; - the envelope change does not adversely effect wildlife corridors; - the envelope amendment is not inconsistent with the intent of the Final Plat; and - the envelope amendment is not an alteration of a restrictive plat note. Upon determination that the above criteria have been met, the Director will request that the Chairperson of the Board of County Commissioners sign the plat. Appeals to the Director's decision may be made to the !3oard of County Commissioners through the Public Building Envelope Amendment Process. " 15 874255 18/21/1118 81:14P 378 Sara Fisher .11 0' 21 R e.ee D e.ee N e.ee Ea.le CO . . n. Public Buildiml Envelo~ Amendment Process - This process would apply to any requested building envelope amendment th\ cannot meet the submittal requirements for the above Administrative Process. The applicant must submit the following information with their request for a building envelope amendment: - a properly executed application clearly stating the reason for the requested change; - a list of all property owners within 75 feet of the outer boundaries of the lot"in which the building envelope adjustment is being proposed; - building site plans; and - five copies of an Amended Final Plat which defines the current building envelope, the proposed change and the percentage change of the envelope. . . - (~! <-e_f 874255 10/21/1998 01:14P 370 s.r. Fiaher 20 o( 28 J( 0.00 D 0.00 N 0.01 E..l. CO ( ) r . ( The Amended Final Plat will be referred to appropriate agencies for review and comment Upon completion of the referral period, a public hearing will be scheduled and notice shall be sent to the adjacent property owners at least 30 days prior to the public hearing. The Board of County Commissioners shall consider the following in their review of the proposal: - the proposed amendment will not substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed building envelope amendment has been sent, or is required by geologic or other hazard considerations; - the envelope change does not adversely effect wildlife corridors; - the envelope amendment is not inconsistent with the intent of the Final Plat; and - the envelope amendment is not an alteration of a restrictive plat note. . Upon determination that the above criteria have been met, the Chairperson of the Board of County Commissioners signs the plat. <= L Roadwav Corridor Landscaping Master landscape plans will be prepared for the common roadways within Brett Ranch. The planting plan will focus upon revegetation and the reintroduction of native plant species where appropriate, located in informal groupings. Where individual lots abut these common roadways, landscaping shall be provided which blends into the edge condition adjacent to the lot and minimize disruption of areas preserved as native landscaping. 4. Fencing Fencing will be restricted throughout Brett Ranch to facilitate local wildlife movements, optimize habitat availability and reduce wildlife mortality. There shall be no fencing of the perimeter lot lines anywhere on the property. Homeowners will be permitted a privacy fence to enclose up to 2,500 square feet, provided it is immediately adjacent to the house and it is entirely within the designated building envelope, unless specifically approved by the Design Review Board. .74255 10/21/1198 01:14P 370 Sara Fisher 21 0' 21 R 0.00 D 0.00 N 0.00 Ea,l. CO ( '>- 17 . ~. Do2S and Pet Control (' Each residential lot will be permitted to have up to two dogs and their offspring . up to three months old. Residents will be prohibited from harboring dogs on their property unless they have adequate facilities (i.e., a fenced yard, dog run, or kennel) to contain the animal~. Enclosed runs must be located immediately adjacent to the home, within the lot's building envelope and shall not exceed 1,000 square feet. At no time are dogs to be allowed to run freely. 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. Visitors or contractors should not bring dogs on-site. Guests of homeowners shall comply with all Brett Ranch dog control measures. 6. Trash Disposal There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at any residence or anywhere within the development, unless it is contained within individual bear-proof containers that meet North American Bear Society, CDOW, or U.S. National Park Service specifications. 7. Wildfire Mitigation . . - Sagebrush areas create a wildfire concern. Therefore, homes built in these areas should have defensible space created around them. The sagebrush is likely to be removed during the construction of the foundations and should not be re- introduced next to the structure. Further, large bushes and trees (especially conifers) sho~d be plant~ away from the homes to allow room for growth ancC..': prevent creating a potential future hazard. _/ C. ARClllTECTURAL GUIDELINES - The essence of the architectural style for the Brett Ranch is for buildings to express the design features typically found in buildings of the early American west. Each building envelope and building site within Brett Ranch is unique in terms of its setting and attributes and in order to take advantage of those unique qualities, each site will require different design and construction approaches. Each individual lot owner as protection of the Brett Ranch environment should view the design controls and architectmal standards set forth. Continuity is of utmost importance to the overall design philosophy at Brett Ranch. The purpose of the Design Guidelines is not to create look-alike residences or to suggest that they all have to have the same colors and materials, but to create a design approach that maintains continuity and a sense of place through the use of common themes and ranges of colors and materials. 174255 18/2'/1191 81:14P 378 Sari Fish.r 22 0' 21 R e.00 D e.00 H 8.ee Ea,J. CO ( ~ C .L Material and Colors All building materials and colors including roofs are intended to be muted; earth- tone colors with light to middle range color values of the native landscape found upon the site. Occasionally, accent colors that are used with restraint may be permitted. No highly reflective surfaces, other than glass, shall be used on exterior surfaces, including roofs. 2. Foundations All exterior wall materials must be continued to finished grade thereby eliminating unfinished foundation walls. 3. Decks. Patios. Courtyards All decks, patios, and courtyards should be designed as an integral part of the architecture of the residences so they are integrated into the overall design. Site walls and accessory site structures shall be compatible with the main structure upon the site. 4. Antennae/Utility Lines . . - No antenna of any sort shall be installed or maintained upon any residential lot that is visible from any adjacent property. All service utility lines to each Residence shall be installed underground. G) 5. Li2hting All outdoor lighting will be carefully reviewed to insure that neighboring properties are protected from the view of bright light sources. Illumination necessary for nighttime activities must be directed downwards. 6. Paving It is a goal at Brett Ranch to limit the impervious cover of the ground to the area necessary for the needs of adequate access and parking. Excessive areas of pavement will be discouraged. 7. ~ The following comprehensive and unified signage and graphics program is outlined in order to maintain high visual standards. Each Area's property owner associations or their design review boards, if created, will review all proposed signs within their Area for conformance with these guidelines. 174255 10/21/199' 01: 14P 370 S.,.. FAah... 23 0' 21 R e.. D e.1e N e.1e E.,l. co ( 19 . . &. Permitted SiDn~ (' Main Entrance Sign - Planning Area A " 1. - LocatiOn: West end of the multi family developmen~ south side of Lake Creek Boulevard. - Maximum Size: 32 square feet - Features: To be free standing or placed on a stone and/or stucco wall. - Lighting: Spotlights directed on the sign face or tube light placed in the wall. u. Main Entrance Sign - Planning Area B . - Location: Entrance road north side of Highway 6. - Maximum Size: 32 square feet . . - - Features: To be free standing or placed on a stone and/or stucco wall. - Lighting: Spotlights directed on the sign face or tube light placed in the wall. (f~ iii. Main Entrance Sign - Planning Area C 2.1 - _ Location: Entrance road north side of Highway 6. - Maximum Size: 32 square feet - Features: To be free standing or placed on a stone and/or stucco wall. - Lighting: Spotlights directed on the sign face or tube light placed in the wall. IV. Main Entrance Sign - Planning Area D - Location: Entrance road south side of Highway 6. - Maximum Size: 32 square feet - Features: To be free standing or placed on a stone and/or stucco wail. - Lighting: Spotlights directed on the sign face or tube light placed in the wail. ( .74255 11/21/111. 11:14P 371 Sa~. Fiaher 24 0' 21 R 1.01 D 1.01 N 1.01 Ea.l. CO l' C v. Sub-Project Entrance Signs - Planning Area E - Sub-Project within the Brett Ranch PUD. ~ch as the entrance of the recreation parcel. east of bridge over Lake Creek. Located where a roadway serves more than one project or neighborhood additional signs can be located to direct owners or guests. - Location: At the entrance road or driveways at each sub- project or neighborhood. - Maximum Size: 32 square feet - Features: To be free standing or placed on a stone and/or stucco wall. - Lighting: Spotlights directed on the sign face or tube light placed in the wall. VI. Specific Use Signs . . - - Signs that identify specific areas or service facilities. such as constIuction offices or maintenance buildings - Maximum Size: 18" x 36" b. General Re~ations - Only one real estate sign is permitted per lot or parcel. The size of the sigri shall be limited to 2' x 3'. - Traffic control devices within the Brett Ranch PUD are controlled by the "Manual on Uniform Traffic Control Devices for Streets and Highways" and the Colorado Supplement thereto. - All signs with the Brett Ranch PUD must comply with the provisions of Section 2.11 of the Eagle County Land Use Regulations unless specifically superseded by this Brett Ranch PUD ~ign Code. - Maximum height of all freestanding signs is 10 feet unless specifically approved as a PUD amendment by Eagle County. - Signs may be lighted by direct spot or flood lights or may be lit by back or surrounding lights. Transparent or translucent plastic signs may not be backlit. Lighting shall not adversely impact with adjacent property owners or create a traffic hazard to operators of motor vehicles. ( 174255 11121/111' Ill: 1. 37e Sara ,.aher 21 25 0' 21 R e.1e De." N e.. Ea.Ja co - No setbacks for signs are required. - A sign permit shall be obtained from the Eagle County Plannin(--' Department for all signs exceeding six (6) square feet in sign area, unless otherwise exempted by Section 2.11.05 of the Eagle County Land Use Regulations. .74255 11121/1... el, 1. 37. Sara '1.... 21 .t 21 It .... D.... N e." Ea.I. co . . - (j\ - ( I I ...;)- ~ ( -- . - - ".".,-,"", . - ~~ ......~ ~- .~ '.1' :. 1S'V/fm"Il_ . . < ~~ >>t. ,. >>!U I ' 5'1 ' :.. -'I'~ . .. , - .,!~~Jt.~ . .' , . '... ........:'.. . . .'~ '. ':J: " .Q ...-.,.; Z :..: ~ . ~ . . a: .t ( . I 'I- ~ ..... . : :W'" a: '. "QJ'. . 139827 11/18/1117 84:58P ~27. 11/18/18'7 84:!8P 1743 '880 32 0' 33 R 1.00 D 1.11 Sarl3 0' 33 R 1.1e D 8.18 S.,.. J Ft.".,., e..l., CO . ~. -- I .! .' ~. . ~. ~ : Exhibit C ~ ]' 0 ; : ! . @BRETTRANCI-IMA.je AI) SCAl.!!" /'. ~ . ~ . . '. 1 J I itt " j . 1M :f r /-AO I '-l~ . .........1~, , ./ -/(:)\\ RESTRICTIVE COVENANT C.. IMPOSING TRANSFER FEE FOR. THE BENEFIT OF EAGLE COUNTY HOUSING The property which is the subject of this Restrictive Covenant ( "PropertyA) is all that certain real property located in the County of Eagle, State of Colorado, consisting of a residential condominium project corrmonly known as: THE VILLAS AT BRETT RANCH, legally described on Exhibit A attached hereto and incorporated herein by. this reference. The undersigned is the sole owner in fee simple of the Property, which has been or will be platted as a condominium project consisting of individual condominium dwelling units as well as general and limited common elements. The undersigned declares that the individual condominium units ("Units") within the Property shall be held, sold, and conveyed only subject to the following covenants, conditions and restrictions, which constitute irrevocable covenants running with the title to the Property as a burden thereon for the benefit of Eagle County, Colorado, acting by and through the Eagle County Board of COll'Ullissioners ("Board"), or its designee-, and shall be binding on the owner of each Unit, and on the heirs, personal representatives, assigns, lessees, licensees and any transferee of the owner of each Unit. These covenants are offered by the undersigned as a part of its application for approval of the preliminary plan of .the Brett Ranch Subdivision, a planned unit development approved by Eagle County by Resolution~o. __, dated . , as a mean9 by which the private sector can provide housing for persons working or living in Eagle County as further defined. below. - Transfer Fee The sale of the Units is subject to a fee payable to Eagle County, solely for its housing programs benefiting residents of Eagle County, and, for any private, non:"profit successor or assign, also to support the cost of administering such housing programs, The fee is on, percent (1%) of the gross sales price'of each Unit, excluding escrow and closing costs. The fee is due and payable by the buyer at the time of closing the sale (conveyance of title to a Unit, whether or not the conveyance is filed of record) . The fee shall Ooc. a01U. OJ ( 15"1152 1S/28/1... 13: 4IP 373 s.r. ".... 1 of 1. II lI.ee D 1.11 N I.H e.,l. CO - (- constitute a lien upon the Unit until it is paid. If not paid when due, the unpaid fee shall bear interest at the lesser of the legal rate or 12' per annum from the. due date until fully paid. The fee is payable to Eagle County, c/o Housing Division, P.o. Box 179, Eagle, CO 81631 (or to its successor), and . must be accompanied by (1) a Real Property Declaration Form or other writing (or copy of such form as is filed with the Clerk and Recorder along with the conveying instrument) attesting to the gross sales price, and (2) a Buyer's Acknowledgment Regarding Deed Restriction Imposing Transfer Fee (see Appendix A hereto) . . The proceeds from this transfer fee may not be used by Eagle County for general fund purposes. ExAmntion From Transfer Pee On Initial Sal.. BY Th. Undarsicme4 A purchaser who purchases a Unit directly' from the undersigned, which constitutes the first sale of such Unit following completion of same and the issuance of a certificate of occupancy therefor, may be exempt from paying this transfer fee it such purchaser ("Initial Purchaser') qualifies for an exemption pursuant to criteria established by the undersigned and provided for contractually by the undersigned and each such Initial Purchaser. All purchasers of a Uni t subsequent to the purchase of that Unit by the Initial Purchaser shall be required to pay the transfer fee unless such subsequent purchaser qualifies for the temporary exemption from the transfer fee a8 a 'Qualified Employee" or "Qualified Employer" in accordance with the following provisions .of this Restrictive Covenant. Temcorarv ExemDtion From Transfer F.~ Sales to Qualified Employees and to Qualified Employers are exempt from paying the fee until tbe exemption ends. As used herein 'Qualified Employee- shall mean a person who, upon the closing of the purchase, will occupy the Unit as his/her residence and either (a) has earned his liVing primarily in Eagle County by having worked an average of at least thirty (30) hours per week for at least eight (8) months in the previous twelve (12) months and maintains his residence in Eagle County; or (b) has been hired for a job in Eagle County on a permanent basis (meaning that there is an expectation that the employment will continue for a period of at least six (6) months although it may be "at will" employment) to work at least thirty (30) hours per week, which employment will be his primary source of income, and, will maintain his residence in Eagle County upon, :Joe:. 80714. OJ U1112 ./28/1118 13.... 373 Sar. '1..... 2 0' 1. . .... D I.ee N I,ee ra.l. CO . (.. commencing the job; or (c) is retired, over the age of sixty - (60), has earned a living primarily in Bagle County by having worked an average of at least thirty (30) hours per week for the five (5) years prior to retirement and maintains his residence in Eagle County. Notwithstanding the generality of the foregoing, the term -Qualitied Employee- excludes any person otherwise meeting the criteria of a Qualified Employee if such person or any member of his immediate household, owns, directly or indirectly, a habitable dwelling unit located elsewhere in Eagle County, unless said dwelling unit is currently listed for sale and has been continuously listed for sale for not more-than four (4) months. This exclusion includes partial or full ownership in a corporation, and partial or full beneficial interest in a trust, established for the purpose of evading this provision or to' provide a beneticial interest sufficient to permi~ use and occupancy by the owner or part owner. This exclusion also includes partial ownership where the remainder is owned, legally or equitably, by any member of his immediate household. , Eagle County shall determine whether a person meets the definition of a Qualified Employee or Qualified Employer which shall be based on criteria including, but not limited to, pe~cent of income earned within Eagle County, place of voter registration, place of automobile registration, drivers license address, and income tax.records. The determination must be made as of the closing date of the sale. As used herein. -Residence" or "ReSidency" shall mean the' primary place of abode of .a person, meaning that home or place of abode in which a person's habitation is fixed and to which he or she, whenever absent, has the present' intention of returning atter a departure or absence therefrom, regardless ~f the duration of such absence. Furthermore, a Residence is a permanent building or part thereof. In determining what is the primary place of abode of a person the following circumstances relating to such person may be taken into account: business ,pursuits, employment, income sources, residence for income tax purposes, age, marital status, Residence of parents, spouse and children, leaseholds, situs of personal or real property, voting registration and motor vehicle registration. As used herein "Qualified Employer" shall mean an individual or business entity (a) who will occupy the Unit as his residence, or whose employee(s), who are Qualified Employees, occupy the Unit as hiS/her/their principal Doc. 80714.0J 157152 15/21/1111 13:_ 373 Sar. 'Aeher 3 01 1. 111.11 D '.11 N ... Ea,J. CO c- residence, and (b) who owns a business or comr~rcial establishment in Eagle County which employs persons in the conduct of that establishment at that location. The exemption shall end when the use of the UTlit as the residence of the buyer (or ot the buyer's emp:oyees), as provided for above, which satisfied the prerequisites for qualification as a Qualified Employee or Qual~fied Employer, ends other than as a result of a sale of the Unit; at which time the transfer fee shall be immediately due and payable. Procedure For Seekina ZX-mntiOD From Tran.fer r.. Procedures for the qualification of Qualified Employ" Qualified Employers hereunder, and the manner ot gr .~ priorities herein established in favor of Qualifien Qualified Employers shall be .as follows: If a proposed buyer or the owner seeks to clal.m empt from the transfer fee provided herein, before a conveyan or transfer of a fee 1nterest' in the Unit, the proposed buyer or owner shall have submitted to Eagle County a Oualification Package, together with the applicable processing fee established by the County, and shall have received the County's determination of the proposed buyer's exemption status. Eagle County's written acceptance of the transfer as exempt shall be deemed. conclusive of the exemption's appliCability to the transfer. A "Oualification PaCkage- shall be the assemblage of documents necessary tor submittal to Eagle Co~nty providing proof of the proposed buyer's status as a Qualified Employee or Qualified Employer. The Qualification Pac~age as of the date hereof is. attached hereto as Appendix A, but it may be changed in the sole discretion of Eagle County. ' . If a buyer has not been accepted as exempt from the fee before the close of the sale of the Unit, the buyer will be conclusively deemed ~to be a Qualified Employee or a Qualified Employer and, therefore, not exempt. Enforcement, Durat~on & Other Matters These restrictions and covenants shall be enforceaole by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific perf~rmance, mandamus, abatement, injunction, or forcible entry ~nd detainer. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. Doc. 80714.03 117182 15/28/1.' 131W 373 Sar. FI......... 4 .f 1. It .... D.... N ... Ea,l. CO C Invalidation of anyone of or part of one of the covenants or restric~ions contained in this declaration by jUdgment or court order shall in no way affect any other part or provisions, which shall remain in full force and effect. No claim of waiver, consent or acquiescence with respect to any provision hereot shall be valid against Eagle County except on the basis ot a written instrument executed by Eagle County. Eagle County may in its sole discretion assign the benefits and delegate the responsibilities hereunder to a non-profit private entity or public agency organized or operating in whole or in part to provide housing programs in Eagle County. Except for the identification of the beneficiary of these covenants, conditions and restrictions, wherever reference is made to Eagle County in provisions hereinabove (but not in provisions hereinbelow), it means and includes such successors or assigns. These covenants, conditions and restrictions shall expire on December 31. 2048, unless extended. at the sole option of the Board of County COmmissioners, for an additional period, not to exceed fifty (SO) years, after public'hearing and comment on the proposed extension.. ' Eagle County expressly r.eserves the right to terminate this Restrictive Covenant as to the Property, after public hearing and comment on the proposed termination, upon recording a Termination Agreement in the Official Records of the Clerk and Recorder of Eagle County executed by the Board of County COmmissioners. Except for complete termination by the Board of County Commissioners, the restrictions and covenants herein may not be amended without the consent of both the owners of the Property and the Board. ::oe. 8 01}... OJ C - --.... . C Executed on '--(( Cl.-..~ it , 1998 . t D'-r , Colorado. :/ OWNER Brett Ranch Ho: ding LLC, a Colorado 1im ted liability company By: Wintergre, n Homes Limited Liability . Company, ; Colorado limited liability company, Manager , 117152 1S/2I/1_ 13:_ 373 Sr. '1""" Ooc:. 807H .ll3 . 01 1. It N.. De.. N .." la,l. co e- State of Colorado ) /0 Jie ) ss County of ) lSe The for~o1 9 instrument w~ a knowledg~d e me this da.y of C~, 1998, by. 1...-. ,.~ , as manager of. intergreen L te Liab1l ty Company, a Colorado limited liabilit c any, as manager of Brett Ranch Holding LLC, a. Colorado limilf.ed liability company, who acknowledged to me that Brett Ranch Holding LLC was the owner of the property therein described and executed the foregoing instrument, Witness my Hand and Official Seal. . i,jl,.... ";.' (). :2~ ,] O(\,~ ,.ilI"'fI. - . ,., -r,., .'.. -: t ~:;.~. .~. ::'.w~,... My Commission Expires :'fr1L.tL4. ....'1 .... "'("/::"~'.~,"~J,.': ('.;o:.~ , t z. . .,<. . .,.... - . . I J ' I . r 'i"~f'\'" .~. /"J,' . I - t : ;; .~ 0 '. fiY '. :, -;. . " .: ti. ..f..'-: ::I\.J~,\-:" (,~""'<u.' ';r' ( . (.,; . ',? ~ .' '~~f)'~~";,r;' ': 1 . '. iI )...' , . \ ' "b ,~.... :'/J D t: ./.fL." .,' . . '.,. . #f1 (... ~.' \..;; ,~...,.):I' $' . . . ~ ~ ... .;;.....t ','. ". ... ~'. : - ..;;,.~",..,..~... ~. ;..~.., ..,:.~.~~: .,'~P) ;~",.'''''. .......,. .~~.., 157152 15/21/1181 13:_ m s.r. FllIher Dee. 807H. 03 l 7 0' 11 . N.II D I,. N I.. Ea,I. CO - LECAl DESCRIPTlQN: Lot 101 01 fhll Snln Ronch P.U.O. ond lHring mor~ p<1rliculoly dncnbed os: A parcel of lond in SttCllon 6, rownsh;p 5 South,' Range 82 ffnf of thtl 6th PrinCipal M.-idlon. cogle County. Colorado and bMg mCl/"fl particularly described . os follo#$: Th. point commMcemflnt /H1ifIg thll north 1/4 comrof $Oid StH:tlon 6: t~ S.897g~JT. " distance 01 138. 13: fo th. rlV. Point 01 BiH}/nnlng; Ihtln~ S.68"49~J"E.. 0 d'l$foncll 01899.81:' fhenclI S.88"49"4.3"E., (I cI;stonc~ of 660. IJ; tht:ftCt1 S,69V9'.fJT., Q di$tonce of 2.J5.18'.. thmCt1 N.J170',7"E., a df$tanr:. of "~.J5:' thtNIct! S.89"9'4.]"F., tI disltlf'lctl 01 762.05:' Ihtl17Cf1 N.01"50'OO"F.. a ulSlonce of .300.06:' IhllllCiT N.8919'oI.J"W., 0 distDn~ of 278..J8' to 0 point tIf'I tI n'on-ttlf'lgent ClIne to the Ifllt ho.,;"g 0 radius of 5.779.65 ffH:t.. thence 109.88' along said curlM through a CtNItral angt. of01'rJ5'22: hoving' a chord b~ ond distance of N.80fH.'29"w., 109.88 IHi; to " point of cUfWfrHvI of a CUTW fo the right ha..,;"g 0 radius of 7l 6.78 f~flt; thtNICl! .344.57 Iflef along $Oid curvtI through 0 Cflfttrol angle 0125"44*50: having tI chord ~g ond dfstane. of N.85~'21"w, .341.48 IHt; thflne. N.11!J79'4.1-W., 0 d1~ttlf'lctl 01 J'D. 41 !Ht: tht!/nctl S.66'S8'06T., 0 dlsttlf'lctl 01 120.9.1 '-to' thenCl! S.2J'O.1'5""w., " dlstanCtl of 50.00:' thtNICfI N.66"56'06"w., 0 dlslanCt: of 242.28 fttet.. thtlncII N.8919'4J"E.. 0 dlslonCtl of 40.8$ fHi: tht!/nCfI N. 7079'46"W., tJ disttJnt:e 01 202.60 !Ht: th""e. N.86'.JO'.J5-w., 0 di$tanc~ of 92.12 !HI to a point 01 CfK'K11un1 of tJ ClIne to ihfl right hoWrg 0 radius 01175.00 (HI: fh(JfJctI 40.71 fHt along said WI'W Ihrough ~ ""trot ongle of IJ79'4r, hrmng tJ chord bHring and dl$t(1f1ce of S.79'SO'#T.. 40.62 IHI; thtNtcfI C N.7.170'5.J"W., tJ dislan" of .J7S.~ !HI; to " pom/ of curvo/UTe of Q auw: to the 11111 hOWng tJ radius of 150.00 IHI; Ihtln" 28.08 IHI oIorrg $Old CIJrtM Ihrough tJ central angle of 10"4:1'.JO: htJ.";,,g tJ chord b<<11'/ng and dlstant:f/ t-: of N.78:J2'J8"w., 28.DI fHt.. th~ N.l!:r54'2.J-w.. a d/$lfMctI (Jll~74 ~t: tht!n~ 5.06'05'.J7"W.. a distonce of - ca 189.20 f"",; th""c. N.8979'4.3"W., a disttJfl~ of 775.87 IHI to lh. rIVe PDint of Bttglnn/ng. - StJld pDrT:tN of land eM/Dins ?26.406.56 squDfW (Ht (16.676 ocrtts), martl or Itls6- ~ ~8 - ..... - .. ..., w. I'!. (III. ,Z '!I I. Ii ...... ~I ...... RPS . , ~trMl 1-= A Cl ..", ~--........ .. .." wro.v_ I.,. __ _r cot.. IJOF' <IHJl! ala 1If.", EaaiDeeriaClM ~RU _. .. "10,) ~" ~ ~>>-lIIU ... .. i': U . r' BRBTT RANCH BUYZR'S ACINONLBDGMBNT REGARDING RESTlUC'l'IVI COVIHANT DCPOSING TRANSFER FHa Buyer (s) : Property Description: Date: The undersigned, buyer(s) of a condominium unit (WUnit") in The Villas at'Brett Ranch condominium project identified above, hereby acknowledge that the Unit ia subject to a restrictive covenant ("Restrictive CovenantR) which imposes a l' transfer fee on the sale/purchase price of. the Unit. The Restrictive Covenant is recorded at. Book , Page of the Official Records of the Clerk & Recorder of Eagle County.~ copy of the Restrictive Covenant is attached hereto as Exhibit A and incorporated herein by reference. I (we) will abide by the terms of the Restrictive Covenant. The transfer fee is due and payable at the time of closing of the sale/purchase of the Unit, and it is a lien on the Unit until it is paid. . Some sales/purchases are exempt from the transfer fee. If I(we) believe my (our) purchase is exempt, I (we) may apply for an exemption. If I(we) believe that my (our) subsequent sale of the property is exempt from the transfer fee, I (we) or the buyer may apply for the exemption. A sale/purchase for which no exemption is applied for ang granted before closing is conclusively deemed to be not exempt. I The exemption is "temporaryH in that it applies only as long as the property use which qualified the purchase as exempt continues. Generally, if I (we) stop using it for my (our) , residence, but continue to own it, . I (we) . will' then owe the transfer fee from my (our) purchase. BUYER: , BUYER: . APPENDIX A SWA/:iOl.016.ii/Q5/DI/98 Doc. I071l.'J 1 U71S2 15/28/1... at4IP 373 ....a FA"" . ., sa It ".81 D'." N e." !atl. co _.. '. _.. . '. ~ . . .. C This Acknowledgement must accompany any request for exemption or payment of the transfer fee. 8RBT'r RANCK BtJYD'S APJ'IDAVI'I' CERTIFICATION OP ELIGIBILITY FOR TRAHSna FQ BDHP'l'ION [For use by prospect i ve buyers seeking to qualify for exemption from the transfer fee] AN BXEMliTION FROM THB TJWTSPBR PU IS TBHPORARY ONLYI. TIm BXEHPTION WILL am WHEN rOtJ STOP USING IT Al$ YOOlt RBSIDBNCB (unless you .top becau... you ..11 it) AT WHICH TDCB THB TRANSFER 1'33 SHALL BlI: DOIBDUTBL Y DtJBAND PAYABLE. Regarding Unit identified as [street address] STATE OF COLORADO) ) ss COUNTY OF EAGLE ) UWe. , hereby declare, under penalty of perjury: 1. Oualified EmDlovee Sta~. I am a "Qualified Employee," in that [check 'one,of p&ra&raph A, Bar C, whichever you seek to qualify under]: A. - I have earned my living primarily in Eagle County by having worked an average of at least thirty (30) hours per week for at least eight (8) months in the previous twelve (12) months AND I maintain my primary RESIDENCE in Eagle County; OR B. - I have been hired for a job in Eagle County on a pennanent basis (meaning that there is an expectation that me employment wiJI continue for a period of at least six (6) months although j[ may be .at will" employment) to worle at least APPENDIX A SWA/1601 '~1&:Z)/OS/Oj/98 Doc. 80713.03 2 1511!2 1S'2I/1_ 83:4. 313 ..... fl.... 11 of 11 R ..,. De." N e,,, E.gle co ( thiny (30) bours per week, which employment will be my primary source of income AND I will maintain my primary RESIDENCE in Eagle County upon commencing the job. OR c. - I am over the age of sixty (60) aDd have earned a living primarily in Eagle County by having worked an av~e of at least 30 bours per week in Eagle County for the five years preceding my retirement. . . 2. Ownership of Prooertv within Eade Countv. I understand the defu1itioos of -Qualified Employee" and .Residence" as set forth on the attached - Definitions. page. Based OD those definitions. cheek either paragraph D or E, whichever applies; if you check paragraph Eo complete it. D. Neither I' nor my spouse, or any member of my inunediate household, owns . a majority interest -- direct or indirect, jointly. individually, through a corporation or through a trust - in a habitable residence located elsewhere in Eagle County. . OR E. - I, or my spouse or a member of my immediate household own a majority interest in a habitable residence located at , County of Baale, State of Colorado.' The residence is currently listed for sale. The listing began and the property bas been continuously listed for sale since that date. 3. Resfdencx. I have been maintaining my sole residence in Eagle County COntinuously since 4. EmDlovment Historv. During me past 12 months. I have been employed by the following employers: APPENDIX A , Poc. .0711 .OJ 117112 1S/2I/1'" h.. 373 ..... '1...... 11 ., 1. It II.. D.... N I.. Eata. CO - C Emplover Name &: Address Dates Of Employment r to telephone supervisor Emplover Name &; Address Dates Of Emoloyment to . telephone supervisor Emplover N~ & Address Dates Of Employment to telephone supervisor 5. Verification or EmDlovment. I have attached my Employer's Affidavit and a copy of ONE of the following documents as evidence of my residency and employment within Eagle Couney: _ Colorado Driver's License (with Eagle County Address) _ Motor Vehicle Registration showing Eagle County Address _ Voters Registration Card showing Eagl~ County Address _ Listing Agreement for my other Eagle Coumy residence (if applicable) Other - APPENDIX A ::loc. 10113.0] ( ~ 111182 85/2811181 UI4IP 313 Sara FI...... 12 .t II R 11.11 De." N 1.11 ..,Ie CO r 6. Gross Purchase Price. " The gross purchase price of the Unit (mcluding the down payment; excluding the escrow and closing Costs) is S . 7. OuaHfted Employer Status. I am a "Qualified Employer" as that is defined for purposes of the transfer fee exemption. My business name is . My type of business is My business is located at . I employ _ person(s) at that location (which may include myselt). This property will be occupied as: MY residence - OR The residence of employees who work at that location. - 8. Notice to County When OccuD8DCV ChaD~~ I will notify Eagle County jf I stop using the Unit as my own residence or the residence of my employees. I acknowledge that at that time a transfer fee of 1 % of my purchase price will become due and paYable. 9. Genuine Documents. All of the documents which I have attached to verify my status as a "Quaiified Employee" or a "Qualified Employer" are genuine. APPENDIX A Doc, aOllJ. OJ ( 117152 ./21/1... UraP 37J ..... ,..... 13 of 1. . II.. D.... N e." Ea,l. co - Co, AU BUYERS (SPOUSES, PARTNERS) MUST SIGN THIS FORM By: Date: (buyer. SIGN berel Print Name: Print Address: By: . [buyer. SION 11m) Print Name: Print Address: The foregoing instrument was acknowledged before me this _ day of '-' by . [ name of proposed buyer here] Witness my Hand and Official Seal. My Commission Expires: Notary Public signs here ~UYER: COMPLETE THIS INFORMA liON: MY TITLE COMPANY INFORMATION IS: Company: Title Order No. . Phone No. Eagle County will report its acceptance or rejection or qualification for exemption from the transfer fee to the Title Company unless you instruct otherwise, in writing, here. APPENDIX A Ooc'. 10713.01 . 1571!2 .m/l. 83:. 313 s.r. FI.... 14 of II II ".11 D'.. N .... 1a,1. CO . ... - C DEFINITION OF A QUAURED EMPLOYEE OR QUALIFIED EMPLO~ "Qualified Employee" means a person who, upon the closing ofthc purchase, will occupy the Unit as his/her residence and either (a) has earned his living primarily in Eagle County by baving worked an average of at least thirty (30) hours per week for at least eight (8) months in theprevioua twelve (12) months and maintlins his residence in Eagle County; or (b) has been hired for a job in Eagle County on a permanent basis (meaning diat there is an expectation that the employmem will continue for a period of at least six (6) months although it may be "at will" employment) to work at least thirty (30) hours per week:; which employment will be his primary source of income, and will maintain his residence in Eagle County upon conunencin8 the job; or (c) is retired, over the age of sixty (60), bas earned a living . primarily in Eagle County by bavingwork:ed an average of at least 30 hours per week for the five years prior to retirement and maintains his residence in Eagle County. Notwithstanding the generality of the foregoing, the term "Qualified Employee" excludes any person otherwise meeting the criteria of a Qualified Employee if such person or any member of his immediate household, owns, directly or indirectly, a habitable dwelling unit located elsewhere in Eagle County, unless said dwelling unit is currently listed for sale and bas been continuously listed for sale for not more than four (4) months. This exclusion includes partial or full owne~p in a corporation. and partial or full beneficial interest in a trust, established for the purpose of evading this provision or to provide beneficial interest sufficient to permit, use and occupancy by the owner or part owner. This exclusion also includes partial ownership where the remainder is owned. legally or equitably. by any member of his immediate household. Eagle County shall detennine whether a person meets ~e definition of a Qualified Employee, which shall be based on criteria including. but not limited to, Percent of income earned within Eagle County, place of voter registration. place of automobile registration, drivers license address, and income tax records. Evidence of Qualified Employee or of Qualified Employer status shall be supplied by affidavits and such other documentation as may be required by Eagle County. "Residence" or "Residency" mean the primary place of abode ofa person, meaning that home or place of abode in which a person's habitation is fixed and (0 which he or she, whenever absent, bas the present intention of returning after a departure or absence therefrom, regardless of the duration of such absence. Furthermore, a Residence is a permanent building or pan thereof. In determining what is the primary place of abode of a person the following circumstances r~lating to s~ch person may betaken into account: business pursuits, employment, income sources, residence for income tax purposes, age, marital status, Residence of parents, spoUse and children, leaseholds, situs of personal or real p.roperty, voting registration and motor vehicle registration. "Qualitied Employer" shaH mean an individual or business entity (a) who wiJI occupy the Unit as his residence, or whose employec(s), who are Qualified Employees, occupy the Unit as his/her/their APPENDIX A Doc. I07U.Ol - I c~ principal residence, and (b) who owns a business or commercial establishment in Eagle County which employs persons in the conduct of that establishment at that location. . U711S2 ./2111_ 13,_ 313 ...... 'leher 11 ., 1. It ..111 D.... N e.1I ..1. CO APPENDIX A ~~A/1601.01':E:/"/oa/9a CoC'. 80713.03 8 "-- ,.,- . C' EMPLOYER'S AFFIDA VlT VERIFICATION OF EMPLOYMENT Regarding Unit identified as [street address] Regarding [employee or proposed employee] . STATE OF COLORADO} )55 COUNTY OF EAGLE ) 1. Employer Informadon/Veriftcatlon or Em1)lovee Start Dat,. I, · whose principal address of business is (J whose telephone number is hereby declare under penalty of perjury that employment began on or . will begin on He/she has been hired to work at: t and to work there a minimum of thirty (30) hours per week. , 2. EmDlovment Status. Although he/she may be an "at wilJ" employee, hislher employment is expected by me to continue for at least six (6) months. I cenify that he/she (please check that which most accurately depicts the employee's employment status): APPENDIX A SWAll'ol-Ol'(K:/05/~8/'a Doc:. 80713.03 9 117112 11/21/1... 83..... m Sar. 'j..... 17 0' 1. It ..11 D '.ee N e." 1..1. co -- . . I C BRETT RANCH TRANSFER FEE EXEMPTION I QUALIFICATION CHECK LIST PAGE # TOPIC ..[ Check for $25.00 processing fee (Made out to Eagle County) 1 Buyer's Acknowledgment 2-6 Buyer's Affidavit 7-8 Definition of Qualified EmployeelEmployer 9-10 Affidavit - EmployerlW ork Verification - . 11 10 Sheet (Copy of 1 form of1D) Please Note: The "Restrictive Covenant" should be retained by the purchaser for their unit files, and should not be returned in this request for transfer fee exemption packet. DELIVER OR MAIL PACKET TO: Eagle County Housing Department POBox 179 Eagle CO 81631 Please allow 7 working days for County review of packets in the event additional information is needed. 03/2/01 e- has worked a minimum of _ hours per week for at least eight (8) months in the previous twelve (12) months. - has been offered and accepted employment which will continue for a period of at least six months and will include a minimum of _ hours per week. - is a minimum of 60 years old and has worked a minimum of 30 hours per week for the five consecutive years before retirement, or has worked during the periods to . Name: (Print employer name) Employer Title: Business Name: Mailing Address: Daytime Phone: By: Date: (Employer signs here) The foregoing instrument was acknowledged before me this day of . , By: . (print employer name here) Witness my Hand and Official Seal. My Commission Expires: Notary Public signs here w I,/: '_ .. .':';- Western 'Ecosystems, 8nc. C 'Ecologiul CorrSUltollts 905 West COdtk :RoaJ. .BoulJer. CO 80302 (303)442-6144 WILDLIFE MITIGATION AGREEMENT FOR TIlE BRE1T RANCH PROPER1Y December 31, 1997 Osprey Development and Wintergreen Homes, hereinafter ........, propose redevelopment of Brett Rauch Subdivision and Lou 34 and 35 l1 the Eagle Creat SubdMsion, Filina 1 (the "properv"). The proposaJ iovolvea residential, commercial, and public uses. SpecificaDy, the propoI8I wouJd include 14 single family loti south of Us. Highway 6, 36 townhomea north lJ of the hipway and west of Lake Creek, commercial development north of the highway and {'1J east of I..ake Creek, 156 multi-family unitl north of the F.agle River, and 56.6 acres of open ' " space OIl 117.54 acres. - !i' ~ The property, which is /argely undeveloped (there are no present residences). is currently a subdMsion platted in 1981. Four (Loti 7, 12, 13, and 16) of the 14 Jotlsouth of Highway 6 have been purchased and roads have been developed to accesa aD Jots. Thillimitl dcsip flexibility to maximize wildlife compatibility. This wildHfe mitigation and enhancement pian was developed to avoid, minimize, and mitigate wildlife impactJ resuJtins from the present development proposal approved by Eagle County for the Brett Ranch property. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions and meetings with Colorado Division of Wildlife (CDOW) representatives, input from Eagle County (Couaty) and the (J) pubUc, and meetings and discussions with staff and profeuionaIa representing owners. This ~"':'" .~ plan not only considers the present development approval on the Brett Ranch property, but also considers how the development can be integrated into existing and approved surrounding developments, to facilitate continued wildlife use of the area. This plan is organized by wildlife issues. Where mitigation mcasurea apply to more than one issue, they arc discussed under the most appropriate issue and only mentioned under other issues. Owners, their successors or assigns, including one or more HOll1COWncr's Association(s) which might undertake some or an of the owner's CODlDlitments, as delineated beJow, propose to commit to the following wildlife mitigation measures, at or before approval by Eagle County of the first FinaJ Plat for the Brett Ranch property. By signature below, the CDOW recognizes that the measures herein committed to, when implemented, wouJd adequately mitigate wildlife-related impacts associated with construction and habitation of the Brett Ranch property. 15123114/1211_ 11._ D ..... 1'..... 1 ., 11 II SI.. D'.. N ... re.ae CO - --. '. ( is iuued for the Brett Ranch property. This amount ia cquivaJem to SSOO.OOIaae for the (, appradmate1y six 8CreI of winter range that has been affected by the accea road and utility casements. and that would be a1fected by development of residential Jou, three of which overfappina the winter range have aJready been IOld by the previous developer. 1bia amouat ia alia proportiooaJ to other COO1pen&atory winter range payments that Cordillera has \'OIuntarily made to its trust fuud. Interat aenerated by thia fund wiD be UIed for CDOW authorized wiJdlife enha~t projects in EaaJe County. 0rHite midptioo generaJIy baa the higbat c1Ucac:y, foDowed by mitiptioa or enha~"1ent in adJacent areas. It iI the intention that aD midptioa e1forta be focused on thoae animals affected by Cordillera and Brett Ranch developlDeJl1L Dispenement of funds shaD be OYel1een by the exiItini Cordillera WildJife Committee. AdditiooaJ meaaurea to reduce impacta to bia pmc winter range are presented in the foDowinS sectknu. 20 WIlDLIFE MOVEMENT CORRIDoRS As mentioned above, Brett Ranch II located at the diataJ tip of a spur ridge I11IlDina north off New York Mountain. The distnbution of undeveloped winter range terminates on the property south of Highway 6. BJa pme movements north acrou the EasJe VaDey arc blocked in this area by the 1-70 deer fence. Eut-weat JIlisratory movements through the area occur lOuth of the pro~, partly 81 a reauJt of migrauta forced south to amid the Homestead Subdivision and other residential obltada. There arc DO migratory routes or c:orridors crossing the Brett Ranch property that require the dcliDeation and protection of migration corridors per se. BiJ same use the property for local foraging JDOVementa during various seaaonal use periods. 3.0 BUIlDING ENVELoPES CE Building envetope, governing the location and distribution of aD structures (e.g., house, ~~-' ; garage lif detached], aD fcncing, dog runs, etc.), lWTOunding yards, and aD disturbance to native vegetation, with the possible exceptions of access roads, utilities, and driveways, will be Cltablished on thOle UDIOld lots south of Highway 6 to insure that development fonows a design minimhj"B habitat Ioues. No vegetative manipulation wiD be permitted outside of designated building envelopes, except where manipulation II required 81 part of a valid winter range enhancement program, as authorized to reduce wildfire potential, or as defined above. The objective of this measure is to minimize the amount of natural habitat Josa and maintain existing vegetation buffering visual and acoustic disturbancea from sensitive adjacent habita1L BuiJdins envelope size wiD be limited to 15,000 square feet (0.34 acres) and these envelopea will be shown on the proposed development map at Preliminary Plan. Homea and accessory bufidings wiD be allowed up to 8 10,000 square foot development footprint within the designated building envelope. No PDrtion of any buiJdin,lt envelope s.baD encroach into the .123I14/1Z1~ 111_ I ., 11 . 51.. D t.. .. to. "'1. CO . -.-- -~. -.- -....'--. (, Homeowne.... especiaJJy those IOUtb of Hipway 6 that are within or adjaceut to bfa same winter nmae. are ItroDgJy eDCOUra&ed to landlc:ape with native plant speciea to avoid wildlife C; damAge. The coow will DOt be Hable for wiJdJife damage to Jandscapina. 6.0 FBNaNO Fenc::fua wiD be resb~ throusbout Brett Ranch to filcilitate JocaJ wiIdJife mO\lCJDeDts, ~ habitat availability, and reduce wiJdJile 1DOI'taIitJ. Fencina approval will be under the purview of the Design Review Board(I) or Homeownen Aaociadoo(l). There ahaJJ be DO feocina of perimeter Jot linea aoywbere 011 the property. Homeowueai will be permitted a privacy fence to encbe up to 2,500 square feet, proyided It . immediately adjacent to the house and it is entirely within the deaipated buiJdiDg erweJope, unJeu apedficaJJy approved by the Desip Rmew Board. Fencina may be subject to more reatrictiw pI'O\Iisioua sa stated in the Protective Covenants, Design GWdelinea, or otha- documents related to the prGp.er1y. 7.0 HORSES AND OIliER lJVESTOc:Ic: To m~ lenem, and the loa and degradation of valuable wildlife habitat, it will be eIpI'eU]y prohibited to araze. board, or keep any Jivestoct, includina, but not limited to hones, 011 the Brett Ranch property. 8.0 SEAsoNAL USE RESTRIcnONS Insensitive recreational UIe of Brett Ranch open apace, ita senaitfve habitats, and adjacent CordiDera open lpace could degrade and advencly affect continued wildlife use of the properties. There arc two areaa of concern: (1) the 160 aae tract of Cordillera open space contiguow at the southwest comer of the Brett Ranch pl'lJperty south of Highway 6 and (2) . the large bJoct of open space fIanJdn. the EaaJe River. it~;\ The ContiDera open space to the southweat is undisturbed big game winter ranJC. Some winter range enhancement, repreaentin. partial mitigation for the Cordillera development, hu already occurred on tbiI tract and more wiD likely occur in the future. Recreational activity, inc:Iudins. but not limited to hikin& ~ akiinr. etc., in this area durins the winter range occupancy period could reduce the avaiJabDity of tbiI habitat to big pme. While there wiD be no authorized publfc or private access to Cordillera open space tIuoup Brett Ranch, it wiD be expressly prohibited for residents, guests, or employeea ol Brett Ranch to be present on the CordiDera open apace from December 15 to April 1, the designated big game winter range OCCUpancy period, unJeu part of a County or CDOW authorized project. Signs deacribins this seasonal cloaurc (e.... "Area behind this sip closed to aD human activity from December 15 to April 1 to protect critical wildlife habitat Violaton wiD be fined and/or prosecuted. j will be placed on the north aDd east fence Unea at the northeast comer of the CotdDIera open space tract. 1S1231 "11211111 IS,. U ..... '&efter · ., IS . II.. D '.N JI '.N ..... CO - .0____ . ..----. c I Aasoclation penalties for first, second, and subsequent violations will be a warning. $200.00 fine, and a ssoo.oo fine. At any time after the first offense and warninJ that the dog owner C fails to comply, the Association may request removal of the dog from Brett Ranch. Non- payment of · fine or failure to remove the dog(l) from Brett Ranch property, shaD be considered a separate violation for each day that a violation continuea after notice, and shaD be enforced (i.e., fined) accordingly. Contracton, IUbcootracton, guests (other than thoae of homeownm), viaitors, deliYety people, etc. shaD be prohibited from brinJina clop onto Brett Ranch propetty, even if dogs would be kept inaide vehic1ea. Violation of the doJ policy by a penon(l) other than a resident 01' perID8DeDt member of Breu Ranch ahaD reauJt in the immediate eviction of the dos and the dos'l owner 01' representatiYe from Breu Ranch property. ID the event of a secoad violation by the same doJ and/OI' the same dog'l owner, the doJ and the dog's owner or representative abaU be immediately eYicted from Brett Ranch property, and the offending penon in question IhaD be prohibited from Brett Ranch property for the foDowina seven (7) consecutive calendar days. In the event of a third violation, the offending penon in question shaD be proJubited from Brett Ranch property fOl' the foDowioa six (6) consecutive calendar months. Brett Ranch employees and residents wiD be educated reJUdina Breu Ranch'l dos policy. Homeowners should be educated that they abouJd not feed clop and other pets outside their homes, including decb, to avoid attractins nuisance wildlife or predatorl. 10.0 BEARS AND MOUNTAIN UONS/ TRASH REMOV AU NUISANCE wn..oLIFE Brett Ranch is located on the edge of high quaHty black bear habitat Most bean do not cause damage where residential areas have encroached into bear habitat The key is that if a bear doesn't find food it wiD move on. Black bears are omnivoroua and while they mostly eat vegetation, they wiD eat almost anythina. They wiD eat human food, garbage, hWIll1lingbird nectar, bird seed, pet food, grease off grills. suntan lotion, etc. Garbage generally provides the greatest attraction for bean to residential developments. Once a bear has found an ea.siIy aCCClSlble, consistent food source, it will often overcome ita 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 resklentl, their pets, or their unsuspecting neighbors. When this happens and wikDife authorities are notified, the bear is usuaJJy JdUed to protect human safety. The following measures will be required to reduce potential bear problema: 1. There shaD be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at any residence or anywhere witbJn the development, unless it is contained within individual bear-proof containm which meet North American Bear Society, CDOW, or U.s. National Park Service specifications. These containers presently cost around $300.00 and can contain one 32 gaUon trash can. They are nonmobiJe and are generally cemented on a stand at the junction of a resident', drivewav and the local road. Most homeowners need two containers. 151235 ""12/1IM 11:_ 2J ..... 'I.... 7 ., 11 It 51.. D'.. N ... ..... CO --.-- _. -....--. C 2 With tho exception of bird feeden, the feeding. baitinJ, saJtin& or other means of attracting wildlife to indMduaJ yards or development facilities wiD be prolubited on Brett (, Ranch. 11.0 FISHERIEs The read! of Lake Creek fJowina through Brett Rancb is au important spawnins area for brown and rainbow trout. Owners propose to close thiI portion 0( Lake Creek to aD fiIbing from November 15 to April 15 (data inclusive) to facilitate reproduction. Signs wiD be posted at appropriate locations aJona the creek ~inn,g this closure. The EasJe River receives moderate to heavy fishina preuure on Brett Rauch. To preserve the locaJ fishery, owoen wiD impose a catch and reJeaae fly fiIhins only policy on the reaches of the Easle River and Lake Creek that flow through Brett Ranch. The bitinguaJ sip identifyina other local use reatrictiooa wiD also identify this fiIhing polky. Violations of this policy by Brett Ranch residents wiD be enforced using the ptOYisiona specified under section 9.0 Dop and Pet Control 120 WILDLIFE MORT AI1TY ON LOCAL ROADS Vehicle speeds on proposed roads within the Brett Ranch development wiJI be slow enoup to avoid IdJJins most wildHfe that may be crossing roads. However, this property is accessed by Highway 6 and 1-70 where deer and elk are JdIJed by vehicJea each year. Obeying posted speed limita on local and regional highways would not only reduce wildlife mortality, but wouJd also reduce the risk 0( damage to penonaJ property and injwy to motorists. Residents and contractors should be educated about avoidins wildlife monality on roads. 13.0 CDOW INDEMNIFICATION <lJ -. Rao.h - hod....uty the mow from any and aD futn,. wUdHre damage cIainu. This commitment should be provided to residents at closing via a signed copy of this Wildlife Mitigation Agreement. 14.0 EDUCATING RESIDENTS Brett Ranch residents wiD have purchased homeaita partly because of the Datura] sett1ns and the wildlife it contains. These homeowners may be UlMmi]iar with the wiJdJife of Colorado and iu mountains and the responsibility that goes with livina in this letting. Homeowners generally don't want to disturb, harass. or impact wildlife, but they often unwittingly do. Homeownen wiD be educated about local wildlife issues by providing each Prospective resident a signed copy of this agreement with initial contract documents, and providing each resident a signed copy of this llQJ'eement and the CDOW bear and mountain lion brochures at the time of closing. 8123114/12/1111 IS,. D .... ,..... · ., U . II.. D t.. If t.. I!ql. CO -.---. -- ( I c ~~_~ ' . TItle 'of Authorized 0ffic:iaJ Accepted and agreed to this:i!!dJty of ~N.,J""'" . 199~ ~ 1:::r2W11dI... By,a . ".. _ b~,+";..* <.?Ll.t;Te. /I{..,w'"j"'" Name, Title A=pted llIId agroed to tJUa P. <J.y of F~,....."'"'Y-' 19!1i:. 1&0 LITERATURE ClTED Alan Rlchman Planning Services and Desip Studios West. 1996. EasJc County Master Plan, Eagle County, Colorado. Alan Richman Plan. Serv. Aspen, CO. 98+ pp. Colorado Division of WiJdJife, 1988. Wildlife Resource Information System _ scenario, October, 1988. mule deer, Data Analysis Unit 0-14, Game Management Units 44 and444. ColOrado Div. WiJdL 3 pp. Colorado Division of Wildlife, 1993. Appendix A, WRIS elk seasonal activity areal, Febru8Iy, 1993. Colorado Div. WlIdl 2 pp. e....... .'-....., .. .... . .~,.... .. . ... . J ...... ... "IUII4/I21SNI U..... 2a ..... '1-' U ., U . M.. D e.. If e.. "'1. co 11 - "--- ---.- (