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HomeMy WebLinkAboutR06-109 - approval of PUD for Vines at Vail Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - I () l' APPROVAL OF THE VINES AT VAIL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN AND ZONE CHANGE FILE NO. PDP-00033; ZC-00079 WHEREAS, on or about November 28th, 2005, the County of Eagle, State of Colorado, accepted for filing an application submitted by KIW A Associates, LLC (hereinafter "Applicant") for approval of a Planned Unit Development Preliminary Plan and Zone Change for the Vines at Vail Planned Unit Development, File No. PDP-00033 and ZC-00079; and, WHEREAS, the Applicant requested approval of a PUD Preliminary Plan and Zone Change which would allow the creation of a mixed use PUD on approximately 39.0 acres in Wolcott (see attached Exhibit "A"); and WHEREAS, the applicant proposes the following uses: A working winery complete with tasting room (the focal aspect of the proposal); a lodge/inn with independent suites for guests; a community pavilion; residential units including live-work residential units above a pedestrian oriented plaza; single family residences; employee housing units; office space; recreational, agricultural, and landscape features; educational spaces; a library; medical offices; galleries; restaurants; arts and crafts studios; private clubs spaces; retail shop spaces; resort support services; and conference facilities; and WHEREAS, the property is currently zoned Resource, prior to this zone change approval for planned unit development; and WHEREAS, the development will occur within several planning areas, with each area accommodating a variety of uses; and WHEREAS, in addition to the actual Planned Unit Development Guide for the Vines at Vail, attached to this resolution is the approved PUD Guide (Exhibit "B"); housing plan (Exhibit "C"); and a wildlife mitigation plan (Exhibit "D"); and 1 WHEREAS, in addition to the Preliminary Plan and Zone Change a 1041 was also approved and is recorded at Reception No. 200630307; and WHEREAS, notice of the PUD Preliminary Plan and Zone Change was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section S-210.E; and, WHEREAS, at its public hearing(s) held March ISth, 2006; April 19th, 2006; June 21st, 2006; and July 11 th, 2006 the Eagle County Planning Commission, based upon its findings, recommended denial of the proposed PUD Preliminary Plan and Zone Change; and WHEREAS, two (2) public hearings were held by the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on August I S\ 2006 and September Sth, 2006 to consider this PUD Preliminary Plan and Zone Change application and based upon the findings, approved the proposed PUD Preliminary Plan and Zone Change; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners ofthe County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary Plan for PUD: (1) Unified ownership or controL The title to all land that is part ofthis Pun IS owned or controlled by one (1) person and/or entity. (2) Uses. The 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 either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The majority of residential uses ARE uses allowed in the Resource zone district; however, the commercial/industrial uses ARE NOT currently permitted in the underlying zone district. An itemized list of all Variations for the Board's consideration has been submitted, analyzed and APPROVED; the current use variations were decidedly acceptable. 2 (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified under the existing zoning; however, the Board of County Commissioners has APPROVED the Variations for this Preliminary Plan. (4) Off-Street Parking and Loading. Given the size of the subject property, it is likely that the applicant HAS demonstrated that off-street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division 1, Off-Street Parking: and Loading Standards, without a necessity for a reduction in the standards. (5) Landscaping. It HAS been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. (6) Signs. The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. In addition, a Comprehensive Sign Plan WAS submitted with the Preliminary Plan application. (7) Adequate Facilities. The Applicant HAS demonstrated that the development proposed in this Preliminary Plan for PUD will be provided adequate facilities for solid waste disposal. The applicant HAS demonstrated that the development proposed in the Preliminary Plan for PUD will have adequate facilities for potable water and sewage disposal. Further, the applicant HAS obtained 1041 approval for the proposed infrastructure prior to Preliminary Plan approval. It HAS BEEN demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS NOT been demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access; (b) Internal Pathways; (c) Emergency Vehicles; (d) Principal Access Points; (e) Snow Storage; however, this finding HAS BEEN found positive with the approval of all of the proposed Variations and/or deviations, by the Board of County Commissioners with this Preliminary Plan. (9) Compatibility with Surrounding Land Uses. All aspects of the development proposed for the PUD ARE compatible with the character of surrounding land uses. (10) Consistent with Master Plan. The proposed Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans. 3 (11) Phasing. A phasing plan IS necessary for this development, and has been included with the Preliminary Plan. (12) Common Recreation and Open Space. The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resource Protection. The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered in the design. 3. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) Consistency with Master Plan. The proposed Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans. (2) Consistency with Land Use Regulations. The Applicant HAS NOT fully demonstrated that the proposed subdivision fully complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards; however, this finding HAS BEEN found positive with the approval of all of the proposed Variations and/or deviations permitted with the PUD process, by the Board of County Commissioners with this Preliminary Plan (3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle Countv Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. 4 (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 4. Pursuant to Eagle County Land Use Regulations Section 5-230.D. Standards for the review of a Zone Change: (1) Consistent with Master Plan. The proposed Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, primarily due to potential wildlife impacts. (2) Compatible with surrounding uses. The development proposed for the subdivision MAYBE considered compatible with the character of surrounding land uses. (3) Changed conditions. There MAYBE changed conditions that require an amendment to modifY the density and intensity. (4) Effect on natural environment. Although water, air, noise, stormwater management, vegetation, and wetlands should not be affected with this development; the proposed amendment MA Y result in certain impacts to the wildlife habitat on this property. (5) Community need. The proposed amendment DOES address a community need. (6) Development patterns. The proposed amendment IS the result of a logical and orderly development pattern and DOES NOT constitute spot zoning. Further, the resulting development is currently provided with necessary public facilities and servIces. (7) Public interest. The extent to which the area to which the amendment would apply HAS changed and continues to change. It IS in the public interest to encourage this new use to this area of Eagle County. 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the PUD Preliminary Plan for the Vines at Vail PUD, File No. PDP-00033 be, and is hereby approved with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. The buildings should utilize architectural finish materials and colors designed to "blend" in with the surrounding landscape; 3. Residential parking spaces in mixed-use areas of the development should be located in close proximity to residences; 4. A copy of the approved water augmentation plan must be received by Staff prior to the submittal for Final Plat; 5. The recommended condition from the Colorado Geologic Survey (memo dated January 10th, 2006) which suggests, "... that the rockfall hazard line and a rockfall mitigation berm are included on the plat" must be incorporated as part of the Final Plat application; 6. Only one (1) wood burning device shall be permitted in the Vines at Vail PUD. The device shall be permitted in the lodge building only, and shall consist of a conventional open-hearth fireplace as is currently proposed in the PUD Guide; 7. Area C is limited to: Seven (7) single-family residential units- limited to a maximum 4000 square feet of floor area; Accessory Dwelling Units are not permitted in this area. 8. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties; 9. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsite and implemented at all times during construction. The plan must identifY who can be contacted immediately to abate dust issues; 10. A Storm Water Management Plan (SWMP) must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit; 6 11. Concurrent with construction of other public improvements for the first phase of the project, the developer shall construct an 8 foot wide unpaved trail along Highway 131 from the project entrance to the north side of the Union Pacific Railroad corridor per an approved design which is satisfactory to ECO Trail and County Engineering staff and conforms with the construction standards of the Eagle Valley Regional Trails Plan. 12. Bike path construction plans shall be included with the construction drawings required for Final Plat. The plans shall include specific information regarding the type of materials to be used for the path, as approved by ECO Trails. 13. The site plan for Area C must be reviewed and approved by Planning Staff prior to the issuance of a Building Permit to ensure that any proposed development is in harmony with the both the approved Wildlife Mitigation Plan and final Preliminary Plan approval. 14. An additional deed restricted housing unit is required in Area B. THAT, the Zone Change for the Vines at Vail PUD, File No. ZC-00079 be, and is hereby approved. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THA T the Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this ~ day of 2006, nunc pro tunc to the 5th day of September, 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNT~OM~SIONERS ATTEST: ~ BY ("~;;,~ B . . . . Teak J. Simonto on, Chair Clerk to the Board of County Commissioners BY: By(bQe~~miSSioner Tom C. Stone, Commissioner 7 , ~~ Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Arn M. Menconi Commissioner Tom C. Stone ~ {))-1' "77/0 vote of the Board of County Commissioner of the This Resolution passed by County of Eagle, State of Colorado. 8 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land in the County of Eagle and State of Colorado located in Tract 48, Section 15, Township 4 South, Range 83 West OF THE 6TH P.M. according to the Independent Resurvey of said Township and Range as approved by the U.S. Surveyor General in Denver, Colorado on June 20,1922; said parcel of land being more particularly described as follows, to-wit: Beginning at Corner NO.1 of said Tract 48; thence along the Northerly boundary line of said Tract 48 S. 89058'05" W. 3257.9 feet; thence South 610.15 feet to a point on the Northerly right of way boundary line of the Denver and Rio Grande Western Railroad; thence along said Northerly railroad boundary line as follows: East 31 .25 feet; Thence North 108.00 feet Thence East 590.00 feet Thence South 134.27 feet to appoint 100 feet Northerly at a perpendicular from the centerline of the Main Line Track; Thence N. 8r03'20" E. 994.39 feet; Thence 219.47 feet on a curve to the left with a radius of 761.99 feet, the chord of which bears N. 78048'16" E. 218.71 feet; Thence N 70033'12" E 326.34; Thence 502.47 feet on a curve to the right with a radius of 939.34 feet, the chord of which bears N. 85052'39" E.496.50 feet; Thence 362.29 feet on a curve to the right with a radius of 811.81 feet, the chord of which bears S. 66000'48" E. 359.29 feet; Thence S. 53013'43" E. 73.67 feet; Thence 321.26 feet on a curve to the right with a radius of 1795.63 feet, the chord of which bears S. 48006'12" E. 320.83 feet to a point on the Easterly boundary line of Tract 48, at a point 100 feet Northeasterly at a perpendicular from the tangent of the centerline of ICC 9 A Siding Tract; Thence departing said Northerly railroad boundary and following the Easterly line of Tract 48 North 804.76 feet to the point of beginning. Excepting therefrom that portion of subject property granted to A.K. Trash Removal Services, Inc., in Warranty Deed recorded July 22, 1980 in Book 305 at Page 811. Also excepting therefrom any portion of subject property contained in Colorado State Highway 131. EXHIBIT '~-2" Vines at Vail PUD Wolcott PDP-00033; ZC-00079 400 0 400 800 Feet r--......- _ I LEGEND ^ CJ Parcels W Rivers and Roads N ~ Rivers ~Roads o Public Land Survey Grid Boundaries //BLM USE OF THIS MAP SHOULD BE FOR GENERAL AND INFORMATIONAl PURPOSES ONLY. EAGLE COUNTY DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. ci".cc[ COlNfr EXHIBIT "B" VINES AT VAIL PUD GUIDELINES TABLE OF CONTENTS I. Intent II. Purpose of PUD Guidelines III. Incorporation of Development Area Map IV. Authority and Enforcement V. Interpretation and Conflict VI. Permitted Land Uses VII. Dimensional Standards VIII. Development Standards A. Parking B. Landscaping C. Lighting D. Commercial and Industrial Performance Standards IX. Impact Control A. Wood Burning Controls B. Fencing Restrictions C. Dog and Pet Controls D. Wildlife Proof Refuse Container and Dumpster Enclosure Standards X. Maintenance XI. Property Owners Association XII. Minor deviations and Amendments XIII. Severability XIV. Definitions Appendix A Development Area Map Appendix B Comprehensive Sign Plan Appendix C Hazardous Materials Contingency Plan 09/05/06 1 VINES AT VAIL PUD GUIDELINES I. Intent The intent of the Vines at Vail PUD is to develop a mixed-use development that enhances the unique character of Wolcott. Located near the crossroads of Highway 6 and Highway 131, the PUD will provide a destination attraction, lodging, residential, community facilities and limited services to area residents and visitors. In addition to the winery and lodge, the PUD will provide Live-Work units to meet local housing needs with attached office\studio or commercial space to meet the needs of the small business community. II. Purpose of PUD Guidelines The purpose of the PUD Guide is to ensure the orderly use and development of the property in accordance with the standards, restrictions and regulations that govern the use of land within the Vines at Vail Planned Unit Development. This guide replaces the standard zoning provisions contained within the Eagle County Land Use Regulations in order to allow for site-specific land use restrictions that are more appropriate to the site and to the type of development proposed. In some instances the requirements of this PUD Guide are less restrictive than the requirements of the Vines at Vail Design Guidelines. The provisions of this Guide must be met in order to receive an Eagle County building permit. III. Incorporation of Development Area Map A. The attached graphic, labeled "Development Area Map and Site Plan" is intended to depict the general location of Development Areas listed in this PUD Guide. In granting preliminary plan and final plat approval, the Board of County Commissioners may allow minor variations for the purpose of establishing: 1. Final road and pathway alignments. 2. Final configuration of lot and tract sizes and shapes. 3. Final building envelops. 4. Final access and parking locations. 5. Landscaping adjustment and similar development detail. 09/05/06 2 VINES AT VAIL PUD GUIDELINES B. General Information 1. Total number of dwelling units: 31 free market 11 local resident housing units\rentals, 11 deed restricted units per LRHP 2. Non-residential development: Area A 20,500 sq. ft. + 30 Lodge units Area B 49,600 sq. ft. Commercial 10,400 sq. ft. Flex Space Area's A, C, D Lodge Expansion, up to 20 additional lodge units 3. Gross area, Approx. 38.5 acres 4. Open Space, Approx. 28.0 acres 5. Unless otherwise specified, the Property Owners Association will be responsible for the maintenance and\or the enforcement of the maintenance standards for roads, parking, trails, sidewalks, landscaping, drainage structures\features and similar improvements. IV. Authority and Enforcement The provisions of this Guide are enforceable by the authority and powers of Eagle County as granted by law. Enforcement actions shall be consistent with the authority and action defined in the Eagle County Land Use Regulations. All provisions of this Guide shall run in favor of the residents, occupants and owners of land within the Vines at Vail PUD to the extent expressly provided in this Guide and in accordance with its terms and conditions. V. Interpretation and Conflict The specific provisions of this guide shall prevail and govern the use of lands within the Vines at Vail PUD, however, where the provisions of the Guide do not specifically address a subject the provisions of the Eagle County Land Use Regulations shall apply. The Community Development Director shall review, consider and render interpretation of this PUD Guide. In cases of dispute or ambiguity, the Board of County Commissioners shall hear, review, consider and affirm, modify or reverse appeals of interpretations or decisions made by the Community Development Director. 09/05/06 3 VINES AT VAIL PUD GUIDELINES VI. Permitted Land Uses Development Area A Notes & Permitted Land Use Limitations Residential: local resident housinQ R 7 d.u.'s Art Gallery\Show Room, as an accessory use R Wine Wholesale and Retail Sales R Restaurant\Cafe R Educational Seminars\Conferences R Administrative Offices R Storage Space, as an accessory use R 2 Private Club R Professional Offices R On-site security and administrative offices R Winery\tasting room and processing of grape by-products R 12,700 sq. ft. Pavilion, including a catering kitchen R 7,800 sq. ft. Lodge, including a catering kitchen and accessory uses R 30 Lodge Units Fractional Fee\Fractional Fee Unit\Club R Agricultural, vineyard, gardens and similar landscape R Telecommunication Facilities R Low Power Wireless Communication Equipment R Lodge Expansion S Distillery S Temporary Uses Outside storage R Construction offices R 1 Sales offices R 1 Note 1: Requires review through the building permit approval process. Note 2: Outside storage structures may not be placed in common space without written approval of the POA. 09/05/06 4 VINES AT VAIL PUD GUIDELINES Development Area B-1 Permitted Land Use 1 st floor - commercial 2nd floor - live-work & flex space 3rd floor - residential Limitations 34,600 sq. ft. commercial 10,400 sq. ft. flex space 24 dwelling units Notes: Multi-Family Residential, includina live-work units R Fractional Fee\Fractional Fee Unit\Club R Home Business R Home Occupation R Art Gallery\Show Room R Studio for Arts and Crafts, with retail sales R 1 Bank R Retail Sales R Wholesale R Computer Sales and Service R Indoor Amusement, Recreation or Theater R Arcade R Administrative Offices R Storage Space, as an accessory use to existing businesses or R 3 residences Professional Offices R Pharmacy R Medical or Dental Clinic, including chiropractic and acupuncture R Micro Brewerv, as defined in Section XII R Child Care Home R Child Care Center L Church, *Less than 2,001 sq. ft. (R), 2,001 sq. ft. or Qreater (S) * Private Club R Community or Public Buildina R Private Postal Station R Educational Facility R Library R Low Power Wireless Communication Equipment R 5 On-site security and administrative offices R Specialty storage for collectables, art, furniture, antique cars, R motorcycles and similar items Convenience Grocery Store R Photography Studio R 09/05/06 5 VINES AT VAIL PUD GUIDELINES Print Shop or publishing R Shoe and leather repair R Tailor shop or seamstress R Assembly, which does not include any fabrication of parts R Bakery R Restaurant R Deli and\or butcher shop R Barber \ Beauty shop R Outfitter and Guide R Telecommunication Facilities S Parks, Open Space or Greenbelt R Aaricultural, vinevard, gardens and similar landscape R Farmers Market R 5 Flea Market R 5 Temporarv Uses Outside storaQe, includinQ tree storaQe R 5 Construction offices R 2 Sales offices R 2 Garden Supply, plant material store\Qreenhouse\nurserv L Note 1: Studio's for Arts and Crafts are limited to the plaza level and second floor and must be approved by the Property Owner's Association in writing. All production activity associated with the studio must be conducted within a building. Note 2: Requires review through the building permit approval process. Note 3: Outside storage structures may not be placed in common space without written approval of the POA. Note 4: Does not include private school, grades K-12. Note 5: With design review and\or POA approval. 09105/06 6 VINES AT VAIL PUD GUIDELINES Development Area B-2 Permitted Land Use Limitations 5,000 SQ. ft. commercial Notes: Multi-family residential R 1 Fractional Fee\Fractional Fee Unit\Club R Soa R Art Gallery\Show Room R Studio for Arts and Crafts R 2 Retail Sales R Wholesale S Administrative Offices R Storage Space, as an accessory use to existing businesses or R 4 residences Professional Offices R Private Club R Medical or Dental Clinic, includinq chiropractic and acupuncture R On-site security and administrative offices R Low Power Wireless Communication Equipment R 5 Bakery or Deli R Restaurant R Barber \ Beautv shop R Aqricultural, vineyard, qardens and similar landscape R Farmers Market R 5 Flea Market R 5 Temporary Uses Outside storage R Construction offices R 3 Real Estate sales offices R 3 Note 1: Not to exceed 24 free market and 11 deed restricted dwelling units in B1, 82, B3 & 84. Note 2: The Property Owner's Association in writing must approve Studio for Arts and Crafts. All production activity associated with the studio must be conducted within a building. Note 3: Requires review through the building permit approval process. Note 4: Outside storage structures may not be placed in common space without written approval of the POA. Note 5: With design review and\or POA approval. 09/05/06 7 VINES AT VAIL PUD GUIDELINES Development Area B-3 Permitted Land Use Limitations 10,000 sq. ft. Commercial Notes: Multi-family residential R 1 Fractional Fee\Fractional Fee Unit\Club R Soa R Art Gallerv\Show Room R Low Power Wireless Communication Eauipment R 4 Telecommunication Facilities L Retail Sales R Wholesale R Administrative Offices R Storage Space, as an accessory use to existing businesses or R 5 residences Professional Offices R Private Club R On-site security and administrative offices R Medical or Dental Clinic, includina chirooractic and acuouncture R Studio for Arts and Crafts R 2 Restaurant R Barber \ Beauty shoo R Farmers Market R 4 Flea Market R 4 Aaricultural, vineyard, aardens and similar R Temoorarv Uses Outside storage, inciudina tree storaae R Construction offices R 3 Real Estate sales offices R 3 Note 1: Not to exceed 24 free market and 11 deed restricted dwelling units in B1, B2, B3 & B4. Note 2: The Property Owner's Association in writing must approve Studio for Arts and Crafts. All production activity associated with the studio must be conducted within a building. Note 3: Requires review through the building permit approval process. Note 4: With design review and\or POA approval. Note 5: Outside storage structures may not be placed in common space without written approval of the POA. 09/05/06 8 VINES AT VAIL PUD GUIDELINES Development Area B-4 Permitted Land Use Notes & Limitations Multi-family residential R 1 Home Business L 2 Home Occupation R Aqricultural, vineyard, qardens and similar landscape R Open space and recreation R Low Power Wireless Communication Equipment R 3 Flex space R 4 Note 1: Not to exceed 24 free market dwelling and 11 deed restricted units in B1,B2, B3 & B4. Note 2: See also, XIV. Definitions Note 3: With design review and\or POA approval. Note 4: Flex as commercial permitted only if deed restricted units provided elsewhere. Development Area C Permitted Land Use Notes & Limitations Single Family Residential R 7 SF, 1 Customary Accessory Residential Uses R Home Business L 3 Home Occupation R Fractional Fee \Fractional Fee Club\Unit R Low Power Wireless Communication Equipment R 4 Telecommunication Facilities L 4 Lodge expansion or multi-family S Agricultural, vineyard, gardens and similar landscape R Temporary Uses Outside Storaqe, includinq tree storaqe R Construction offices R 2 Real Estate sales offices R 2 Note 1: Maximum floor area limited to 4,000 square feet, not including garages. Note 2: Requires review through the building permit review process. Note 3: See also, XlV. Definitions Note 4: With design review and\or POA approval. 09105/06 9 VINES AT VAIL PUD GUIDELINES Development Area D Permitted Land Use Notes & Limitations Residential: local resident housing R 4 d.u.'s Administrative Offices R On-site security and administrative offices R Garage, barn or similar maintenance structure R Recreational Vehicle Park R Water and wastewater treatment systems R Utility systems R Low Power Wireless Communication Equipment R 3 Recycling Collection or drop off center R Storage Space R Resort Recreational Facility R Parks, trails, pathways and similar open space R Aqricultural, vineyard, qardens, ponds and similar landscape R Transportation Services R Greenhouse R Kennel, including Animal Daycare, less than 1,000 sq. ft. R 4 Processing of agricultural products L Lodge expansion S Fractional Fee\Fractional Fee Unit\Club R Temporary Uses Outside storage, including tree storage R Construction offices R 2 Sales offices R 2 Note 1: Requires PUD Amendment Note 2: Requires review through the building permit approval process. Note 3: With design review and\or POA approval. Note 4: Kennels 1,000 sq. ft. or larger require POA and Limited Review approval 09/05/06 10 VINES AT VAIL PUD GUIDELINES Development Area E. Restricted Open Space Intended for conservation and wildlife. Recreational use and hiking are not permitted. Open Space Area's Included in all Development Area's, Except E Some forms of improvements may be permitted in these areas, which are consistent with the function of open space as they relate to agriculture, recreation, utilities, wildfire management, water transmission, wildlife management, trails and access roads. Agricultural Open Space, irrigated vineyards, gardens, ponds and similar landscape; Usable Open Space areas include, but are not limited to common areas, agricultural areas, and improvements similar to parks, playgrounds, recreation areas\fields, gardens and landscaping. Permitted structures in these areas may include, but are not limited to; paths, walkways, trails, picnic facilities, gazebos, yurts, viewing decks, swimming pools, hot tubs and similar facilities. Development Area F Permitted Land Use Notes & Limitations Open Space and Recreation R Low Power Wireless Communication Equipment R 1 Telecommunications Facilities L 1 Note 1: With design review and\or POA approval. VII. Dimensional Standards A. Setbacks - All buildings must be contained within the building envelopes identified on the Final Plat. Overhangs may be permitted to encroach no more than 36" beyond the building envelope but may not encroach into streets or road right of ways. B. No Building Height shall exceed: Area A and Area B 50' The winery elevator\stairway tower shall not exceed 65' The campanile (architectural focal point) in Area 81 shall not exceed 65' Area C 35' for single family residential 40' for multi-family 50' for lodge expansion Area D 50' C. Building Height means the distance measured vertically on all sides of a structure, from the finished grade at any given point to a point directly above that location that is: (a) the top of a flat roof, or mansard roof; or (b) the midpoint between the eave line and the peak of a gable, gambrel, hip, shed or similar pitched roof; or (c) the peak of any roof that exceeds a slope of twelve to twelve (12:12). The measurement of three sides may exceed the maximum building height allowable by a maximum of twenty five (25) percent. 09/05/06 11 VINES AT VAIL PUD GUIDELINES VIII. Development Standards A. Parking Minimum Off-Street Parking Requirements Residential Single-family 3 spaces per dwelling unit Area B 1 - 3rd floor residential 2 assigned parking spaces per residential unit. Assigned spaces must be signed to assure availability. Area B4 1 space per 1 bedroom unit 2 spaces per 2-3 bedroom unit 1 space per 1,000 sq. ft. of floor area Winery +1 loadinQ dock Pavilion\Banquet Hall 1 space per 200 sq. ft. of floor area used for seating or assembly Retail Sales and Services 1 space per 250 square feet of net leasable Sales and Office floor area 1 Restaurant 1 space per 4 seats Area B 1 - 2na floor live-work space 1 space per 250 sq. ft. net leasable Studios for Arts and Crafts office/sales area, plus 1.5 spaces per 1,000 Service Commercial, ManufacturinQ sq. ft. of studio/shop area Home Business 1 space per employee which may be provided within 500 feet of the premises Wholesale Establishments & Storage 1 space per 2,000 sq. ft net leasable floor area Lodging Unit, including hotel, motel, lodge, inn, 1 space per room and similar uses. Parking spaces may be condominiumized. No dwelling shall be sold independently of the ._Ill.in il11~!j>~~~ir:!~E~9~I.E:!p.Jl~L~n~L..._... ..........-.~._---_._.~-,.~_.._"_._,----~_..~-_.,.,',....._.-....,-_.~.-....~_,~.___...__m__._,~_.._......___"_"__n_.._u Valet Parking is permitted A reduction in the standards may be authorized by issuance of a building permit where the applicant demonstrates that: Shared Parkinq: Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met. Or Actual Needs: The actual needs of the project's residents, guests and employees will be less than those standards established. The applicant may commit to provide specialized transportation services for these persons such as vans, subsidized bus passes or similar services as a means of complying with this standard. 09/05/06 12 VINES AT VAIL PUD GUIDELINES B. Landscaping The overall intent of the PUD is to enhance the appearance and appeal of the site and buildings by introducing shade and color with trees, vines, shrubs, ground cover and flowers. A small vineyard will be an integral part of the landscape. Grape vines will be planted to add character and to soften the boundary to the native landscape. A landscape buffer will be located between the Highway 131 right-of-way and the site. If necessary, berming will be constructed to buffer the existing non-conforming commercial/industrial uses and the railroad from the site. Formal and informal gardens, patios and water features will be an integral part of the landscape. Strategically located planting beds and flower boxes will add color during the summer months. Except for some perennials and annuals in the planting beds and boxes, the landscaping will include species that require minimum irrigation. The landscape plan for each phase must generally comply with the overall landscape plan approved with the Preliminary Plan. C. Lighting This section establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance, detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. Proper shielding will be used to eliminate glare towards Highway 6 and adjacent properties. A lighting plan approved by the Design Review Committee shall accompany applications for Building Permits that include exterior lighting. 09/05/06 1. The objectives of the lighting provisions are as follows: a. Provide quality, context-sensitive lighting for the Vines at Vail PUD. b. To minimize light pollution and light trespass beyond the Vines at Vail PUD. c. In fagade, sign and retail applications, use lighting to create visual hierarchy, which facilitates circulation and way finding. 2. Standards: a. All exterior lighting must provide cutoff shields to direct illumination downward and shall not cast glare directly onto adjacent properties. b. Low Pressure Sodium (LPS) lamps are the preferred exterior illumination source but other sources can be considered depending upon the filtering, shielding, height and number of sources. c. Streetlights used for illumination of public ways, driveway intersections and parking lots must be downcast and 20 feet or less in height. d. Outdoor lighting used for decorative effects, (architectural illumination, flag and monument lighting, illumination of trees, bushes and similar landscape features) must be located, aimed or 13 VINES AT VAIL PUD GUIDELINES shielded so as to minimize stray light trespassing beyond the Vines at Vail PUD. e. All illumination of the building entrances and signage shall be downcast with concealed luminaries. f. External lighting fixtures on structures shall be limited to 20 feet or less above finished grade and as necessary to assure safety and conformance with applicable building codes. Upper level residential units shall be permitted entry, porch, balcony or similar exterior lighting consistent with these standards and applicable building codes. 3. Prohibited Lighting: a. All mercury vapor sources. b. Searchlights or laser lights use for the purpose of advertising or as a beacon. c. Blinking, tracing or flashing lights are prohibited. d. High Intensity Discharge (HID) floodlighting. e. Exterior neon sources such that the source can be directly viewed are prohibited. 4. Permitted Lighting: a. All temporary lighting used to identify hazards or roadway construction. b. All traffic signal lighting. c. Low voltage, ornamental landscape lighting. d. Low brightness, seasonal holiday lighting is allowed. e. Lighting for the purpose of security and outside special events. D. Commercial and Industrial Performance Standards The Vines at Vail PUD shall comply with the Commercial and Industrial Performance standards contained within the Eagle County Land Use Regulations. The Eagle County Commercial and Industrial Performance Standards shall be applied at the perimeter of the Vines at Vail property. These performance standards shall not be applied at internal lot lines or condominium ownership boundary lines. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare, radiation, fumes and water pollutants, and from the improper storage of hazardous and non-hazardous materials. Please refer to Appendix C for additional requirements concerning hazardous materials. 09/05/06 14 VINES AT VAIL PUD GUIDELINES IX. Impact Control A. Wood Burning Controls Building or mechanical permits shall only be issued for the installation of wood burning devices that comply with the standards of a new technology device as defined by the current Eagle County Land Use Regulations. The maximum number of new technology wood burning devices allowed in new structures is as follows: 1. Single-family and duplex units. One (1) new technology device per dwelling unit. 2. Multi-family units. Wood burning device not permitted. 3. Commercial and industrial uses. One (1) new technology device shall be permitted per each building that contains commercial and\or industrial uses. 4. Lodge. One (1) conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. 5. Open air fire pits for recreational purposes are permitted. B. Fencing Restrictions Additional restrictions may apply; see also, Wildlife Enhancement and Mitigation Plan. 1. 6. 2. The Design Review Committee shall be required to review and approve the structure, location, color and materials of fencing prior to installation. Fencing for security or screening shall be permitted adjacent to the permitted uses. Fencing may be approved outside the building envelopes only if consistent with the Wildlife Enhancement and Mitigation Plan and approved by the Design Review Committee. There shall be no fencing of perimeter lot line and no fencing of the perimeter of building envelopes, except as allowed under the Wildlife Enhancement and Mitigation Plan. Single family homes are permitted a privacy fence to enclose up to 5,000 square feet, provided it is immediately adjacent to the house and it is entirely within the designated building envelope. Electric fencing in or around the vineyard areas to restrict wildlife access is permitted. 3. 4. 5. 09/05/06 15 VINES AT VAIL PUD GUIDELINES C. Dogs and Pet Control, Please refer to the Wildlife Enhancement and Mitigation Plan. D. Wildlife Proof Refuse Container and Dumpster Enclosure Standards. See also, Wildlife Enhancement and Mitigation Plan 1. Refuse Container Design. All refuse containers, regardless of size, that receive wastes shall be either a Wildlife Proof Refuse Container. (All Refuse Haulers will be issued a list of recommended refuse containers. This list will be kept on record at the Eagle County Building), or a Wildlife Resistant refuse container which is stored within a building, house, garage, or approved Wildlife Proof Dumpster Enclosure. The lid must fit tightly and have a latching mechanism resistant to animal access. Any refuse container and/or dumpster which has been compromised by wildlife shall be replaced within 14 days. 2. Dumpster Design. All dumpsters, regardless of size, that receive food waste shall be of a design that is Wildlife Proof, with drain holes no greater than one (1) inch in diameter. Dumpster lids must have a closure mechanism and/or a latching device and be approved by the Division of Wildlife, or their designee. All lids must: a. Fully enclose (cover) the dumpster opening; b. Have edges that fit flush (not turned up or bent); c. Have closure mechanisms that will withstand opening by an animal and will remain closed when on their side or upside down; d. Have acceptable latching devices, such as cables, bars and/or handles and must lock into place with a pin or other mechanism; e. Be constructed to withstand the weight of an adult bear (approximately 450 pounds). 3. Time Limit. Refuse for curbside pick up shall only be allowed to remain by the curb during daylight hours on the day of trash pick-up. X. Maintenance A. All lots must be maintained in a clean and litter-free condition. B. Noxious weeds must be controlled and eliminated by the lot owner. C. There shall be no dumps or underground disposal of refuse within the PUD. 09/05/06 16 VINES AT VAIL PUD GUIDELINES D. The Vines at Vail project owner or owners association will maintain the length of the Highway 131 spur trail from the entrance to the north boundary of Yacht Club Drive. Maintenance shall consist of regular trash removal, weed control and annual re-compaction to maintain the 8' wide platform as usable. Changes to this trail maintenance provision may be approved by ECO Trails without the need for a PUDA. XI. Property Owner Association A Property Owners Association shall be established and all landowners shall be members of the Property Owners Association. The Property Owners Association shall manage all common open space and provide for the maintenance, administration and operation of the common open space, roads and snow removal. 1. Design Review Committee The Property Owners Association shall create a Design Review Committee that will be responsible for administering the Vines at Vail Design Review Guidelines. In addition, the Design Review committee will be responsible for administration of the Comprehensive Sign Plan, attached as Appendix B. 2. Hazardous Materials Plan The Property Owners Association shall prepare and maintain a Hazardous Materials Contingency Plan. See Appendix C. 3. Written approval from the Property Owners Association is required prior to the issuance of any building permit for tenant finish or sign permit. XII. Minor Deviations and Amendments The Community Development Director shall approve minor Deviations from the approved Preliminary Plan for PUD. Minor deviations that are authorized are those that appear necessary in light of technical or engineering considerations discovered during development and that are not reasonably anticipated during the approval process, as long as they comply with the Eagle County Land Use Regulations. Minor deviations are those changes that will not alter the original project concept but which may result in minor change in the design of the PUD. Minor deviations shall not include reductions in the amount of required open space or required wildlife habitat protection or increases in the number of units or building square footage. Minor Deviations may include but are not necessarily limited to internal road and trail alignment and parking locations. The addition of land uses not listed but determined to be similar in nature and impact to the listed uses. Building envelope amendments shall not require a PUD amendment and shall follow the County procedure for Amended Final Plat. All changes not qualifying as minor deviations shall be considered amendments and shall comply with the Eagle County Land Use Regulations, Amendments to Preliminary Plan for PUD. 09/05/06 17 VINES AT VAIL PUD GUIDELINES XIII. Severability Invalidation of anyone of the provisions of this instrument by court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. 09/05/06 18 VINES AT VAIL PUD GUIDELINES XIV. Definitions: 1. Accessory Dwelling Unit: Means a dwelling unit that is accessory to the principal use of the property and is designed and intended for occupancy by the caretaker of said property, persons who live and work in Eagle County or, relatives and guests of the occupants of the principal use of the property. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel or may be detached from that structure. The accessory dwelling unit shall not be sold separately from the principal use of the parcel. 2. Arcade: A place of business that installs and maintains four (4) or more amusement games or devises. 3. Clinic, Medical or Dental: An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, social workers, and where patients are not usually lodged overnight. 4. Design Guidelines: Guidelines for the development of privately owned lots within the Vines at Vail PUD adopted by the Vines at Vail Design Review Committee that among other things interpret or implement the provisions of this PUD Plan and the Vines at Vail Design Guidelines. 5. Development Areas: A lot or lots or tracts to which PUD Plan provisions may apply. The names of the development areas and lots and tracts that comprise them are contained on the Development Area Map, See Appendix A 6. Flex Space: Floor area that can be utilized either as residential or commercial space. 7. Floor Area: Floor area means the sum of the gross horizontal areas of all floors of a building measured from the outside of all exterior walls, including, but not limited to, lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets, storage areas and areas of basements which are more than 12 inches above ground. Floor area shall exclude utility/mechanical and entry areas, cellars, crawl spaces, non-habitable attics, garages or areas designed for parking or loading within the building. Stairways shall count toward allowable floor area at the rate of one hundred (100) percent of the area of the stairway on the first level of habitable space and fifty (50) percent of the area of the stairway on each subsequent level. 8. Flea Market: An occasional or periodic market held in an open area where group of individual sellers offer goods for sale to the public. 9. Fractional Fee Estate: Means any interest in real property, including condominiums, owned or leased by five (5) or more persons or entities or any other device including ownership in a corporation, cooperative, partnership or joint venture whereby the owners or lessees have formally or informally agreed that such owners or lessees shall have the preferred or exclusive use during specific periods of time. Any conveyance of a fractional fee estate or undivided interest by separate deed is within this definition and is to be regulated hereby. A fractional fee estate shall be deemed to be created upon the marketing, promotion, selling or 09/05/06 19 VINES AT VAIL PUD GUIDELINES offering to sell specified period or periods of time in one (1) or more residential units. 10. Fractional Fee Club: A fractional fee project in which each condominium unit, pursuant to recorded project documentation, has no fewer than five (5) and no more than twelve (12) owners per unit and whose use is established by a reservation system. Each available for short-term rental in a managed program when not in use by the club members. The project is managed onsite with a front desk operation twenty-four (24) hours a day, seven (7) days a week providing reservation and registration capabilities. 11. Greenhouse: An enclosed structure for cultivation of flowers, shrubs and plants. 12. Home Business: means the conduct of a business, occupation or trade as an accessory use entirely within the building for gain or support by residents of the dwelling and up to two (2) employees residing off-premises that may serve patrons on the premises. The business use shall be clearly incidental and subordinate to its use for residential purposes and shall not change the residential character. A home business shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke or dust and shall not operate at such hours or in such a manner to create a public nuisance, disturb neighbors or alter the residential character of the premises. 13. Home Occupation: Means the conduct of a business, occupation or trade as an accessory use entirely within a residential building for gain or support, only by residents of the dwelling that does not serve patrons on the premises, except in an incidental manner. 14. Live-Work Unit\Space: Means a building or spaces within a building used jointly for commercial and residential purposes. 15. Local Resident Housing: As defined and approved as part of the Vines at Vail Local Resident Housing Plan. 16. Lodge Unit: A unit which is designated, intended, or used for accommodation of tourists, transients, and permanent guests for compensation. Provisions may be made for cooking in lodge units, provided all applicable building codes have been met. If lodge units or lodge unit sites are re-subdivided or condominiumized, each of the units can be owned separately as fee simple estates and ownership can be conveyed or transfer independently. 17. Low Power Wireless Communication Equipment: Structures and antennas necessary to broadcast telecommunications for voice, data or video with emitted power levels less than 36dBm (or such other levels as may be authorized by the Federal Communications Commission to be low power telecommunications) are permitted within all Development Areas with the prior written approval of the Design Review Committee. 09/05/06 20 VINES AT VAIL PUD GUIDELINES 18. Microbrewery: A mixed-use commercial operation that processes water, malt, hops and yeast into beer or ale by mashing, cooking and fermenting. The microbrewery shall also include an on site public restaurant and or bar that sells the beer and ale produced on site. The maximum brewing capacity for the microbrewery shall be 10,000 barrels per year. A barrel is equivalent to thirty on (31) gallons. The microbrewery use shall not exceed 10,000 square feet of floor area, excluding enclosed areas for loading, trash and delivery. The public restaurant and or bar shall have a minimum seating area of two thousand (2,000) square feet and shall be excluded from the total microbrewery maximum square footage limitation. 19. Open Space: Means any specifically designated or dedicated land area that may be used for park, agricultural, recreation or similar open space opportunities. Construction within open space is limited to foot paths, bridges, irrigation structures, erosion protection devises, underground utilities, outdoor recreation facilities, and similar type uses. Indoor recreation facilities are not included in open space. · Recreation Open Space Means lands utilized for both passive and active leisure time activities. · Restricted Open Space Intended for conservation and wildlife. No recreational use or hiking is permitted. · Usable Open Space: Means the open space designed for use as common areas, including, but no limited to parks, recreational areas, vineyard and\or the cultivation of a garden or orchard, paths, walkways and trails. The term shall not include space devoted to streets and parking and loading area, areas with slopes greater than thirty (30) percent, or land under water, but may include lands within critical wildlife habitat areas, riparian areas and the one hundred (100) year floodplains that are preserved as open space. 20. Park: means land retained in an open condition for recreation use; it may be improved with playground apparatus, tennis courts, picnic, riding or hiking trails, recreation fields, swimming pools and similar facilities. 21. Studio for Arts and Crafts: Means the workshop of an artist, sculptor, photographer, craftsperson or organization. 22. Telecommunication Facilities: as defined in the ECLUR's, as amended. 23. Temporary Use: Any use of any parcel or building for a period of less than (18) eighteen months. 09/05/06 21 VINES AT VAIL PUD GUIDELINES APPENDIX A DEVELOPMENT AREA MAP 09/05/06 22 ~ 1 fl~~~~ ~ ~~~ ~~ligil~:~~J ;11 Jon~H ! ~n III E ~ ,(p 'Iii t~~~i ~,~ I ~~IlI)~:!:!:!:! 1lI~ ~~,~~g~~~~ ~~ I {J6il~mhi" 1 (Plll(p~~mmmmm ~g ~~~~~ ~~ ~Oli ~ li~ (p ~ ti'i= _; ~ ~~~ ~~ ~ (p(p(p (p (p .... .... ~ ~ , (p (p I ~ )0. )> - o VINES AT VAIL PUD GUIDELINES Appendix B Comprehensive Sian Plan This comprehensive sign plan will govern and conform to the boundaries of the entire Vines at Vail PUD as approved in the preliminary plan and final plat. The comprehensive sign plan, as described in the Eagle County Land Use Regulations, will be accomplished in two steps. Step one will be to submit the sign proposal and receive final approval from the Vines at Vail Design Review Committee (the "VAV-DRC"). Step two will be to apply for and receive a sign permit from Eagle County. The sign permit application will be submitted to the Eagle County Community Development Department, but only after the VAV-DRC has given final approval to the sign proposal. All applications requesting approval of signs must include full-colored renderings, site location, dimensioned wall elevation and a complete description of all materials that will be used in the sign. The sign permit applicant will pay the cost of obtaining Design Review approval and County sign permit application fees, as applicable. A. SIGN PLAN GOALS 1. To provide adequate visual notice for products, businesses and associated activities for the project, including safety, traffic flow and public facilities. 2. To assure that all signs are attractive, not garish or offensive and no visual discord results. 3. To assure that all signs are designed and constructed in a manner appropriate to and consistent with the overall design theme and architecture of the project. 09/05/06 23 VINES AT VAIL PUD GUIDELINES B. DEFINITIONS 1. Banner - A piece of natural or man-made material such as fabric stating a slogan, business, religious or political message. 2. Buildinq Directory Siqn - An alphabetical or classification listing of names and locations of businesses in a specific building. The following shall govern the Building Directory Signs: a. Interior signs less than eight (8) square feet are exempt. b. Exterior signs up to ten (10) square feet are exempt from permitting but are subject to VAV-DRC approval. c. Exterior signs larger than ten (10) square feet are subject to permitting and administration and counted against the square- footage allowance per business. No business listing within the directory may exceed ten (10) square feet. 3. Buildinq Front - Any vertical surface, facade or series of connected elements such as porches which are oriented to or generally parallel to a public street, parking lot, walkway, or exterior passageway. A building may have more than one (1) front. 4. Construction Siqn - A temporary sign identifying a subdivision, development or property improvement by a builder, contractor or other person furnishing materials, labor or services to the premises. 5. Desiqn Criteria - The VAV-DRC requires the design and installation of all signs to be consistent with the overall design theme. For more information, please refer to the Vines at Vail Design Review Guidelines. 6. Desiqn Review Committee (DRC) - The VAV-DRC is a formally established entity, which has full and final approval for all sign matters provided for by the standards set forth in this Comprehensive Sign Plan. 7. Directional Siqn - Any sign within the Project's boundaries that directs the movement or placement of pedestrian and/or vehicular traffic with or without reference to, or inclusion of, the name of the product sold or service performed. 09/05/06 24 VINES AT VAIL PUD GUIDELINES 8. Entrance Siqn - Two (2) entrance signs shall be allowed to identify the project from Highway 131. One (1) sign will be directed at northbound traffic and one (1) sign will be directed at southbound traffic. The total entrance sign area shall not exceed 80 square feet and each individual sign shall not exceed forty (40) square feet. The entrance sign shall not exceed fourteen (14) feet in height. However, the landscape feature the sign is mounted on may be higher than 14 feet. The entrance sign(s) shall not be Included in the total sign area allowed. The landscaped entry feature indicating "Vines at Vail" shall be allowed in addition to the entry signs. 9. Flaq - A piece of fabric usually with a pattern used to denote Nation, State, government ownership or a business or product name, generally oblong or square in shape and attached to a pole or staff. 10. Frontaqe Measurement - A business front shall be measured along the finished grade of the business for sign allowance calculation purposes. 11. Hotel/Lodqe Siqn - The VAV-DRC recognizes that hotels/lodges are unique buildings and businesses, therefore the signage of hotels/lodges will be as follows: a. One monument sign if approved by the VAV-DRC. b. One identification sign per building side, but not to exceed two. Each identification sign shall not exceed thirty-two (32) square feet in size and shall not be higher than the building. 12.ldentification Siqn - A sign or symbol such as a nameplate or plaque that Identifies a person, building, street name, address, landmark or natural feature. 13. Liqhted Siqn - Any sign that is illuminated by artificial lighting in any manner. 14. Maior Business - A business under a single ownership which contains five thousand (5,000) square feet or more of floor area. Ownership refers to the business not the building. 15. Monument Siqn - A free-standing sign allowed for a major business, not to exceed thirty-two (32) square feet per side, with a maximum of two (2) sides. Two (2) monument signs will be allowed at the entrance to the winery. Additional PUD Monument entry signs will be at the discretion of the VAV- DRC. 09/05/06 25 VINES AT VAIL PUD GUIDELINES 16. Proiectinq Siqn - Any sign which is attached to a building where the attachments are generally perpendicular to a building. This type of sign must have nine (9) feet of clearance measured from the bottom of the sign to the top of the finished grade and no portion of the sign may project more than thirty-six (36) inches from the face of the building. 17. Residence Buildinq, Lot or Occupant Identification Siqn - A sign containing no commercial information but which identifies the owner or occupant of a dwelling unit, which is devoted primarily to residential use. 18. Siqn - Any letters, figures, design, symbol, trademark, illuminating device or other device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed, constructed or displayed in any manner. a. Any sign with a background shall have the total square footage of the area counted in the calculation, including the background. b. Any sign that is constructed of individual letters or logos but with no background, as such, shall have the area of each letter or logo calculated individually and the sums shall be the total square footage of the sign. 19. .Special Business Siqn - An enclosed or glassed-in case used for changeable displays such as movie posters, restaurant menus or special sale items. 20. Temporary Directional Siqn - Any sign that directs the movement or placement of pedestrian or vehicular traffic with or without reference to the name of the business or product sold. Such signs can remain for no more than two years, or when a building is built on the lot where the Temporary Directional Sign is erected, whichever is sooner. The silhouette, outline and shape of a Temporary Directional Sign must be consistent with the overall design theme of the PUD. On the face of the sign backing, signs may be placed which identify individual businesses or product. These signs shall not exceed eight (8) square feet for each business or product. The total signage per Temporary Directional Sign shall not exceed sixty-five (65) square feet. Each sign shall be designed and constructed to be similar to the actual business sign to which it refers. Signs may be lighted, provided that lighting meets standards listed in the PUD Guide. 09/05/06 26 VINES AT VAIL PUD GUIDELINES 21. Temporary Siqn - A sign which relates to a single event erected not more than thirty (30) days prior to the event to which it relates such as an auction, sale of agricultural products, art or handicrafts fair and bona fide grand openings. A sign shall be considered temporary if displayed for less than thirty (30) days in a 90-day period. 22. Window Siqn - A sign which is affixed or attached to, or located within thirty- six (36) inches of the interior of a window and which sign can be seen through the window from the exterior of the structure. C. PERMITTED SIGNS 1. Outward Siqns on the Buildinq Exterior- Each individual business within the business center shall be allowed twenty (20) square feet of sign in addition to one (1) square foot of sign area per lineal foot of building front for the first twenty-four (24) feet and one-third (1/3) of a square foot of sign area per lineal foot of building front in excess of twenty-four (24) feet up to a maximum of forty-eight (48) square feet, per business. The total sign area allowance may be allocated to one or more signs of any permitted type. Allocation of total aggregate sign area to individual businesses or tenants is not a function of this regulation, but shall be the responsibility of the VA V-DRC. 2. Inward Siqns - Outside of a business on the exterior of a building facing a sidewalk, breezeway or passageway. Allowable square footage will be fifty percent (50%) of the outward sign square footage. See paragraph E(2). 3. Entrance Siqns, Theater Marquee, Hotel. Monument and all siqns not covered by paraqraph E - (Signs exempt from permitting but subject to VAV- DRC administration). The total sign area allowance may be allocated to one or more signs of any permitted type. Not to exceed 4 total signs. D. PROHIBITED SIGNS 1. Signs that have flashing or moving lights; 2. Signs that have sound producing devices; 3. Signs containing powered movement; 4. Signs with bright lights and 5. Signs that are pornographic, suggestive or otherwise In bad taste as determined by the VAV-DRC. 09/05/06 27 VINES AT VAIL PUD GUIDELINES E. SIGNS EXEMPT FROM PERMITTING BUT SUBJECT TO VAV-DRC APPROVAL The following signs are allowed but are subject to the Vines at Vail, Design Review Committee approval: 1. All signs, whether permanent or temporary, which do not exceed six (6) square feet in sign area and provided that such signs do not exceed one (1) in number per individual business, parcel, lot or group of contiguous lots under one ownership. 2. Interior Signs that are oriented to the interior of the building, but located on the exterior of the businesses facing walkways, passageways or mall. These signs shall not exceed forty percent (40%) of the exterior square footage. 3. All information signs on roads or common area provided that such signs are related to the use of the property and are erected and maintained by the property owners' association or property management company. 4. Official government notices and notices posted by governmental officers in the performance of their duties to provide warning, necessary information, direction or other regulated purposes. 5. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 6. Temporary signs such as flags, pennants or banners for a special civic event. Such displays may be erected three (3) weeks prior to the opening of the event and shall be removed one (1) week after completion of the activity. 7. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 8. Decorations which are clearly incidental and customary and commonly associated with any national, local or religious holiday. 9. Flags of any state, nation, government or any other flag. 10. Each flag may not exceed thirty-two (32) square feet per side. Flags must be limited in number and size to be appropriate for and meet the approval of the VAV-DRC. Flags shall not be flown higher than 20 feet above the highest point of the building that it is on. 09/05/06 28 VINES AT VAIL PUD GUIDELINES 11. Works of fine art which are displayed and offered for sale may have sale or price signs of an appropriate size. 12. Any religious emblem or insignia. 13. Mail box or house numbers. 14. Residential building, lot or occupant identification. 15. Building name, identification and address. 16. Vehicular traffic, bicycle, and pedestrian control signs. 17. Directional signs shall be allowed provided that the total sign area of each sign does not exceed six (6) square feet and ten (10) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or lot, or per shopping center business, commercial or industrial park and shall not be required to meet the height setback calculations provided that the signs neither impair visibility for traffic movement nor impede drainage. 18. One (1) temporary "For Rent" or "For Lease" sign per business shall be allowed, provided that the total sign area of each sign does not exceed one (1) square foot in sign area. Such sign must be removed upon completion of the rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. 19. Temporary "For Sale," "For Rent," or "For Lease" signs advertising vacant land provided that the total sign area of all such signs shall not exceed sixteen (16) square feet and be limited to one sign per parcel. Said sign must be removed within thirty (30) days of completion of the land sale. These temporary signs shall not be included in the total sign area allowed for each business. 20. One (1) construction sign for each construction project not to exceed thirty- two (32) square feet in sign area. Individual tradesmen may display separate signs not to exceed eight (8) square feet, each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed at completion of construction. Construction signs shall not be included in the total sign area allowed for each business. 09/05/06 29 VINES AT VAIL PUD GUIDELINES 21. Window signs are permitted provided that no more than twenty percent (20%) of the exterior window area, as calculated using the frontage measurement, is covered by signs. Window signs shall not be included in the total sign area allowed. 22. Special Business Signs, not exceeding three (3) feet by four (4) feet in size and not to exceed two (2) signs on the front entrance and one (1) sign at each side or rear entrance. These signs are in addition to other permitted signs and shall not be included in the sign area allocation. 23. Non-Street Level - Second floor and above or below street level: a. Offices shall have up to one (1) square foot of signage on entry door or above entry door or on wall next to entry door. Each business may be represented on the main building directory. b. Retail may have up to three (3) square feet. Each business may be represented on the main building directory. c. Restaurant and similar uses: Up to six (6) square feet and may be represented on the main building directory. d. Live-Work units on the second floor shall be permitted up to one (1) square foot of signage on entry door, above entry door or on wall next to entry door. Live-work businesses may also be represented on the main building directory. 24. Signs required or recommended as part of the Wildlife Enhancement and Mitigation Plan. 25. Signs required or recommended by the ERW&SD, Holy Cross Electric, BLM or other public utility. F. PROCEDURE The standards described and controlled by this PUD Guide are the sign regulations specific to Vines at Vail Project and where conflicts with the Eagle County Land Use Regulations occur the PUD Guide supersedes. 09/05/06 30 VINES AT VAIL PUD GUIDELINES Appendix C Hazardous Materials ContinQency Plan The Property Owners Association shall prepare and maintain a Hazardous Materials Contingency Plan. Any storage or use of materials within the development defined as hazardous substance by local, state or federal regulations must comply with all applicable regulations. 1. Each Owner/tenant located within the Vines at Vail PUD that uses any toxic or hazardous substances must provide the Property Owners Association and the Eagle River Fire Protection District with a Hazardous Materials Plan. 2. The Hazardous Materials Plan shall include: · The types and amounts of any hazardous or toxic substances used or stored in the space. · A diagram showing the location within the unit of where the materials are stored and the method of storage. · A Spill Prevention, Control and Counter-Measure Plan. This plan shall include a discussion of safeguards used in the operation to prevent spills and protocol to follow if a spill were to occur either on site or in parking and access driveways. Key emergency contact numbers should clearly be displayed on premises. Additional information regarding the contents of a Spill Prevention, Control and Counter-Measure Plan can be obtained from the Eagle County Environmental Health Department. This customized Spill Prevention, Control and Counter-Measure plan will be considered as a supplement to the overall Hazardous Materials Contingency Plan for the development. · The method of disposal of any waste materials. 3. The Property Owner shall notify the Property Owners Association and the Greater Eagle Fire Protection District upon the change in use of any unit that has previously submitted a Hazardous Materials Plan. 4. These site specific Hazardous Materials Plan(s) shall be collected and maintained by the Property Owners Association and shall act as the Hazardous Materials Contingency Plan for the Vines at Vail PUD. The Plan shall be made available to the public upon request. 5. Enforcement: The provisions of this Hazardous Materials Contingency Plan are enforceable by the authority and powers of Eagle County. Enforcement actions shall be consistent with the authority and action defined in the Eagle County Land Use Regulations. 09/05/06 31 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES EXHIBIT "e" I. PURPOSE The purpose of the Vines at Vail Housing Guidelines is to set forth the occupancy requirements, resale procedures, and resale price limitations for the Vines at Vail deed restricted housing. Additional information pertaining to Vines at Vail deed restricted housing can be found in the Deed Restriction Agreement for the Occupancy and Resale of Vines at Vail Housing ("Deed Restriction"). In the event of conflict between the Deed Restriction and these Guidelines, the Deed Restriction shall control. II. DEFINITIONS A. "Owner" is a person or persons who is/are a Qualified Buyer who acquires an ownership interest in the Property or Unit in compliance with the terms and provisions of the Deed Restriction and these Guidelines. B. "Property" refers to the eleven deed restricted dwelling units approved as part of the Vines at Vail PUD and all appurtenances, improvements and fixtures associated therewith. C. "Qualified Buyers" are natural persons meeting the requirements as determined by the County and as set forth in the Vines at Vail Housing Guidelines, or its substitute, as adopted from time to time by the County, or its successor or designee. D. "Unit" refers to any of the designated deed restricted units within the Vines at Vail PUD. III. MAXIMUM RESALE PRICE An owner may sell a Unit provided that the resale price and prospective purchaser meet the standards defined herein. The resale price may not exceed: A. The Owner's purchase price plus the percentage increase for each year (compounded annually) of the average wage for Eagle County as determined by the Colorado Department of Labor and Employment. 1. In the event that an Owner owns the Property or a Unit for only a portion of any year the percentage increase shall be prorated monthly and the Owner shall be given credit through the month in which the sale occurs. 2. If the percentage increase in the average wage for Eagle County as determined by the Colorado Department of Labor and Employment is greater than 6% in a given year the percentage increase that an Owner may claim for purposes of determining the Maximum Sales Price shall be 6% for that year. 1 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES 3. If the percentage increase in the average wage for Eagle County as determined by the Colorado Department of Labor and Employment is less than 3% in a given year then the percentage increase that an Owner may claim for purposes of determining Maximum Sales Price shall be 3% for that year. 4. There may be a delay in the publication of statistics from the Colorado Department of Labor and Employment. Therefore the calculation of Maximum Sales Price shall be based upon the most current available data. If data for the year of sale is not available then the Owner shall rely on the most current data available for purposes of calculating the Maximum Sales Price. 5. In addition to the items in this section III(A) the Owner may also include permitted capital improvements as identified in III(B) hereof. B. Permitted Capital Improvements. The actual cost of permitted capital improvements made to the Property or Unit shall not exceed ten percent (10%) of the initial purchase price for the first ten years of ownership. For every subsequent ten-year period, an additional ten percent (10%) of the value of the unit at the beginning of that ten-year period may be made. Permitted capital improvements are identified in Exhibit "A" hereto (hereinafter "Permitted Capital Improvements"). The ten-year period for Permitted Capital Improvements shall not reset merely upon resale. If the costs of Permitted Capital Improvements are less than 10 percent of the initial purchase price in a given 10-year period, the remaining allowance for Permitted Capital Improvements shall not be rolled over to the amount of allowable Permitted Capital Improvements in the following ten-year period. The actual costs for allowable Permitted Capital Improvements may be added to the sales price All such Permitted Capital Improvements installed or constructed over the life of the unit shall qualify. Permitted Capital Improvements shall not include any changes or additions to the Property made by the Owner during construction or thereafter, except in accordance with these section. Permitted Capital Improvements shall not increase an Owner's base purchase price. 1. In order to qualify as Permitted Capital Improvements, the Owner must furnish to the County the following information with respect to the improvements that the Owner seeks to include in the calculation of Maximum Sales Price: a. Original or duplicate receipts to verify the actual costs expended by the Owner for the Permitted Capital Improvements; b. Owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and c. True and correct copies of any building permit or certificate of occupancy required to be issued by the Eagle County Building Division with respect to the Permitted Capital Improvements. Work that requires and is performed without the issuance of a 2 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES building permit shall not be considered a Permitted Capital Improvement. 2. For the purpose of determining the Maximum Sales Price in accordance with these Guidelines and Deed Restriction, the Owner may also add as a Permitted Capital Improvement, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, or required by special assessment by a Homeowners Association for such permanent improvements, provided that written certification from such agency or association is provided to the County. 3. In calculating the costs allowed as Permitted Capital Improvements, only the Owner's actual costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to Owner's labor or to any appreciation in the value of the improvements. C. In addition to the items identified in sub-paragraphs (A) and (B) of these Section III hereof an Owner may add the actual sales costs as indicated in section IV below, not to exceed two (2%) percent of the Maximum Sales Price as calculated above. IV. RESALE PROCEDURES All re-sale of deed-restricted units must be listed for sale with Eagle County. These procedures can be summarized by the Eagle County Housing Division. A. Listing the Unit with Eagle County: Staff Duties 1. In the event that an Owner desires to sell the Property or Unit, Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the County providing for a 180-day listing period, or such other time period as required by the County. At that time, the Owner shall deposit with the County an amount equal to one-half percent (Y:1 %) of the estimated value of the Unit. In addition, the County shall promptly advertise the Property or Unit for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay to the County, an additional one and one-half percent (1 Y:1 %). The total may not exceed two (2%) percent of the actual sales price. The County may charge a fee based on the amount financed for any conventional loans. The amount of these fee's shall be paid by the purchaser and shall be used in the event the County desires to step in and cure a default of any Unit under the Deed Restriction or these Guidelines. 2. An Owner of a Unit desiring to sell should consult with County housing staff and review the individual deed restriction and the Master Deed Restriction affecting the Unit to determine the Maximum Sales Price permitted and other applicable provisions concerning a sale. Unless 3 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES otherwise provided in the Deed Restriction or these Guidelines the Unit must be listed for sale with the County and the County staff will administer the sale in accordance with the most current Guidelines. There shall be a minimum listing period of 90 days before a Unit's price can be readjusted. Any termination in the listing shall require the payment of administrative and advertising costs. The one- half (~%) percent of the estimated value of the Unit required to be deposited with County staff at time of listing will be returned to Owner less any expenses incurred by County. In the event that costs exceed the amount of the deposit such costs shall be paid by the Owner. Closings need not occur earlier than thirty (30) days after execution, but they may at the buyer's discretion. 3. These Guidelines are intended to ensure that ALL purchasers and ALL sellers will be treated fairly and impartially. Questions will be answered and help provided to any potential purchasers or sellers equally in accordance with the current Guidelines. Listings, sales contracts, extensions to contracts and closing documents will be prepared and all actions necessary to consummate the sale shall be undertaken. 4. In pursuit of the above, the staff will be acting on behalf of the County. It should be clearly understood by and between all parties to a sales transaction that the staff members are not acting as licensed brokers to the transaction, but as representatives of the County and its interests. The County shall nevertheless attempt to help both parties consummate a fair and equitable sale in accordance with the current Guidelines. 5. All purchasers and sellers are advised to consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services, shall be at purchaser's or seller's own expense. The fees paid to the County are to be paid regardless of any actions or services that the purchaser or seller may undertake or acquire. B. Advertising the Sale: Bid Periods 1. After a Unit is listed for sale with the County, the County will arrange to advertise the Unit for sale in two consecutive weekly editions of two newspapers that are in general circulation within Eagle County. After a Unit is first listed, there is an initial bid period during which the Unit will be advertised with two open house dates when the Unit may be viewed by interested parties. The initial bid period ends on the Friday after the second week of advertising. If no bids are received during the initial bid period, there will follow consecutive one-week bid periods, ending on Friday, until the unit is sold. 4 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES 2. If more than one bid is received during any bid period, the bids shall be prioritized according to the criteria of the then current Guidelines. In the event that one qualified bid is received equal to the Maximum Sales Price, the Property shall be sold to such bidder at the Maximum Sales Price. In the event Owner receives two or more such bids equal to the Maximum Sales Price, the Qualified Buyer shall be selected according to the criteria of these Guidelines; and, in the event that several qualified bidders are of equal priority pursuant to the Guidelines, the Qualified Buyer shall be selected by lottery among the Qualified Buyers, whereupon the Property or Unit shall be sold to the winner of such lottery at the Maximum Sales Price. If the winner of the lottery does not proceed to contract within three (3) business days after notification, the next in line will be notified and so on, until the Unit is under contract for purchase. Back-up contracts in the priority order set forth in the lottery will be accepted. Prospective purchasers must be pre-qualified by a lender prior to submitting a bid for a Unit. County staff will be available to assist interested parties with the purchase procedures and to answer any questions about the process. Bidders may submit a contingency for an inspection only, the inspection to occur within fourteen (14) days of the bid acceptance at the bidder's expense. No bid will be accepted with any other contingencies. 3. If the terms of the proposed purchase contract, other than price, as initially presented to the Owner, are unacceptable to the Owner, there shall be a mandatory negotiation period of three (3) business days to allow the Owner and potential buyer to reach an agreement regarding said terms. If, after the negotiation period is over, the Owner and prospective buyer have not reached an agreement, the next bidder's offer will then be presented to the Owner for consideration and a three (3) business day negotiating period will begin again. The Owner may reject any and all bids, however, the Owner is subject to the provisions in these Guidelines pertaining to the listing fee. Bids in excess of the Maximum Sales Price shall be rejected. If all bids are below Maximum Sales Price, Owner may accept the highest qualified bid. If all bids are below Maximum Sales Price and two or more bids are for the same price, and the Owner accepts that price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. C. Sales and Other Fees: Unless otherwise set forth in the Deed Restriction covering the Unit, at the closing of the sale, the seller will pay the County a sales fee equal to two (2%) percent of the actual sales price. The County shall instruct the title company to pay said fees to the County out of the funds held for the seller at the closing. Unless otherwise specified in the Master Deed Restriction, a one- half percent (1/2%) fee is paid by the Seller at the time of listing, which is applied to the total sales fee of two percent (2%) payable at closing. In the event that the seller fails to perform under the listing contract, rejects all offers at maximum price in cash or cash-equivalent terms, or should withdraw the 5 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES listing after advertising has commenced, that portion of the fee will not be refunded. In the event that the seller withdraws for failure of any bids to be received at maximum price or with acceptable terms, the advertising and administrative costs incurred by the County shall be deducted from the fee, with the balance returned to Owner. D. Deed Restriction The purchaser must execute, in a form satisfactory to the County and for recording with the Eagle County Clerk and Recorder concurrent with the closing of the sale, a document acknowledging the purchaser's agreement to be bound by: (1) The Deed Restriction which will run with the property in perpetuity; and (2) these Guidelines, as may be amended from time to time. V. RESALE LOTTERY CRITERIA A. There are seven basic eligibility requirements that must be met prior to an individual submitting a bid to purchase a deed restricted housing unit. 1. The applicant must intend to use the unit as his/her primary residence and maintain it as his/her primary residence in the future. 2. The applicant must be currently employed at a business located within Eagle County; and 3. The applicant must be employed an average of thirty (30) hours each week on an annual basis, and must maintain these level of employment for as long as he or she owns the unit; OR The applicant must demonstrate that at least 75% of his/her income and earnings are earned by working in Eagle County. 4. Neither the applicant nor any member of the applicant's immediate family (including, but not limited to, spouse and children under 18 years of age) may own any residential real estate at the time of sale. The sole exception to the prohibition against ownership is if the applicant is currently an owner of a unit at Vines at Vail and he or she seeks to sell his or her existing unit and purchase another at Vines at Vail contemporaneously. 5. The applicant must be pre-qualified with a mortgage lender. 6. For all Vines at Vail units that contain three (3) or more bedrooms, the applicant must have a household size of 3 or more persons. For the purposes of determining household size, applicants may include all persons related to the applicant by blood, marriage, adoption or the applicant's domestic partner. If the applicant Guidelines to include dependents, they must be continuously listed on federal income tax 6 11/15/06 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES forms and reside in the household at least six months and one day out of each year. A pregnancy may be counted towards the family size requirement as long as a note from an Eagle County doctor is provided. 7. A retired individual, sixty years or older, who has worked a minimum of five years in Eagle County for an average of thirty hours per week on an annual basis may also satisfy paragraphs two and three of these Section A. 8. No unit may have more than two occupants per bedroom at any time. B. An individual may seek a variance from the strict application of these Guidelines to request that title to a Unit be held in trust. Such ownership in trust may only occur in limited circumstances and upon special review and approval from the Eagle County Housing Department. 1. In order to request a variance from the strict application of these Guidelines the applicant shall submit a letter requesting a special review to the Eagle County Housing Department. Such letter shall include the following: a. The letter shall request permission to title the property in trust for the benefit of a natural person who also meets the definition of a Qualified Buyer. b. Units may be held in trust only for the benefit of a natural person who due to a physical or mental impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to a Unit in his or her own name. The letter shall include documentation of such impairment and the basis for ownership in trust. It should be noted that the applicant shall submit any additional information reasonably requested by the County to allow County to process these special request. c. The beneficiary of the trust may not own other real property. d. The beneficiary of the trust must be of the age of majority to qualify under this section. e. For purposes of the criteria set forth in Section V(A)2 and 3 hereof, the beneficiary may meet the criteria of said paragraphs 2 and 3 through volunteer work in Eagle County. Such volunteer work shall be verified through proof from the applicant as set forth in Section VIII of these Guidelines. f. The criteria of Section V(A)5 may be met so long as the trust pre-qualifies for a loan. Further the trust must prove an adequate means of ensuring that expenses associated with ownership, including but not limited to association dues and expenses are met. 2. Upon receipt of a request for a special review and any requested information and documentation, a special review meeting will then be scheduled in a timely manner. The Director of the Eagle County 7 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES Housing Department may grant the request with or without conditions so long as the request meets the requirements set forth above and if the approval will not cause a substantial detriment to the public good and will not substantially impair the goals and the purpose of the Guidelines. 3. An applicant affected by the decision of the Eagle County Housing Director may appeal such decision to the Board of County Commissioners by filing with the Board of County Commissioners within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Board of County Commissioners shall place the appeal on the Board of County Commissioner's agenda within thirty (30) days of receipt of a written notice of appeal. 4. The Board of County Commissioners, after a hearing, shall have the power to affirm or reverse the decision of the Director of Housing. In making its decision the Board of County Commissioners shall apply the criteria set forth in V(B)(1) above and shall render a written decision. The decision of the Board of County Commissioners shall be final. C. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price (not to exceed the Maximum Sales Price) during a bidding period shall have the first right to negotiate purchase of the Unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder based on the highest score using the criteria listed below. 1. An applicant shall receive one point for each year of employment and one point for each year of residency in Eagle County. Applicants working within the Wolcott Community Plan Area will receive one additional point. 2. There shall be three categories of preferences for purposes of allocating points: a. Cateoorv I. Shall include applicants currently employed more than thirty (30) hours per week as the following: employees working on-site, firefighters, police officers, EMS technicians, plow operators in the public service, mechanics in the public service, dispatchers in the public service, 911 information service employees, hospital employed medical professionals, other emergency service workers, water, sanitation and health workers. Those applicants who meet the criteria of Category I shall receive 5 points plus one point for each year in such category in addition to the points identified in paragraph 1 hereof. b. Cateoorv II. Shall include applicants employed more than 8 11/15/06 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES thirty (30) hours per week as the following: government public transportation workers, pre-school, primary and secondary teachers, and Eagle County employees. Those applicants who meet the criteria of Category II shall receive 4 points plus 1 point for each year in that category in addition to the points identified in paragraph 1 hereof. c. Cateaorv III. Those Employed within Eagle County. Those applicants who meet the criteria of Category III shall receive 1 point plus 1 point for each year in that category in addition to the points identified in paragraph 1 hereof. 3. Physical place of residence and employment will be considered, not the mailing address. 4. Seasonal work and part-time work shall be counted on a pro-rata basis. Seasonal work and part time work alone may not be adequate to meet the thirty (30) hours each week average annual requirement or the requirement that at least 75% of income be earned by working in Eagle County. These type of work may need to augment other employment to meet the minimum eligibility. 5. For the purposes of determining standing of each applicant, each year of residency (or employment) reflects one point. For the portion of time in excess of a complete year, the County will round to the next highest number if the time exceeds six months and one day. If time is less than six months, the County will round down. 6. If two individuals are applying jointly, only the points from the highest ranking individual shall be considered. 7. All claims will be verified by Eagle County staff. Claims of residence or employment that are un-verifiable in the sole discretion of County will not be counted in determining longevity. 8. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not be conducted and the Unit will be awarded to the top tier applicant. A drawing to establish the reserve list will be held in Eagle County offices during regular business hours and shall be witnessed by a member of the County staff. 9. The application and any accompanying documentation shall become the property of Eagle County and will not be returned to the applicant. Applicants may be required to supplement or complete a new application if requested by Eagle County. Applications shall be maintained by Eagle County for one year. 9 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES VI. OCCUPANCY REQUIREMENTS A. Once a Unit has been purchased, it must continue to be occupied in a manner that is consistent with these Guidelines and the Deed Restriction. The purchased Unit must be owner occupied by: 1. An employee, working in Eagle County who works an average of thirty (30) hours per week on an annual basis or earns 75% of his/her income and earnings by working in Eagle County or as set forth in Section V hereof. 2. A retired individual, sixty years or older, who has worked a minimum of five years in Eagle County for an average of thirty (30) hours per week on an annual basis. 3. In the event that title to the Property or Unit vests by descent in a surviving spouse and/or children who are not Qualified Buyers, such surviving spouse and/or children shall have one year to become qualified. In the event the surviving spouse and/or children are unable to become Qualified Buyers in one year then such Unit shall be listed for sale as provided in Section IV hereof including the payment of specified fees to County. 4. In the event that title to the Property or Unit is transferred or vests by descent (other than surviving spouse and children) in individuals and/or entities who are not Qualified Buyers as that term is defined herein ("Non-Qualified Transferee") the Property or Unit shall be immediately listed for sale as provided in Section IV hereof including the payment of specified fees to County. The highest bid by a Qualified Buyer of not less than ninety-five percent (95.%) of the Maximum Sale's Price or the market value, whichever is less, shall be accepted by the Non-Qualified Transferee. If all bids received are less than ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, the Property or Unit shall continue to be listed for sale until a bid in accordance with these section is made, which bid must be accepted unless the Non-Qualified Transferee elects to accept a lower bid from a Qualified Buyer. The cost of appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property or Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) shall not: 1) occupy the Property or said Unit; 2) rent all or any part of the Property or Unit, except in strict compliance with these guidelines; 3) engage in any other business activity on or in the Property or Unit; 4) sell or otherwise transfer the Property or Unit except in accordance with these Guidelines or the Deed Restriction; or 5) sell or otherwise transfer the Property or Unit for use in a trade or business. 10 11/15/06 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES c. The County and its successors, as applicable, shall have the right and option to purchase the Property or Unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the County by a Non-Qualified Transferee(s), and in the event of exercising their right and option, shall purchase the Property or Unit from the Non- Qualified Transferee(s) for a price of ninety-five percent (95%) of the Maximum Sale's Price, or the appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) days of acquisition of the Property or Unit. d. Where the provisions of this Paragraph apply, the County may require the Non-Qualified Transferee to rent the Property or Unit in accordance with the Vines at Vail rental guidelines. 5. If at any time the Owner of the Property or Unit also owns any interest alone or in conjunction with others in any developed residential property or dwelling unit(s) located in Eagle County, Owner agrees to immediately list said other property or unit for sale and to sell Owner's interest in such property at a sales price comparable to like units or properties in the area in which the property or dwelling unit( s) are located. In the event said other property or unit has not been sold by Owner within one hundred twenty (120) days of its listing, then Owner hereby agrees to list the Vines at Vail Unit for sale pursuant to the provisions of these Guidelines and the Deed Restriction. It is understood and agreed between the parties hereto that, in the case of an Owner whose business is the construction and sale of residential properties or the purchase and resale of such properties, the properties that constitute inventory in such an Owner's business shall not constitute "other developed residential property" or "dwelling unit( s)" as those terms are used in these Guidelines and the Deed Restrictions. 6. Owner may not, except with prior written approval of the County, and subject to Eagle County's conditions of approval, rent the Property or Unit for any period of time. Prior to occupancy, any tenant must be approved by the County. The County shall not approve any rental if such rental is being made by Owner to utilize the Property or Unit as an income producing asset, except as provided below, and shall not approve a lease with a rental term of less than thirty (30) days and no more than six (6) months without clear and convincing evidence that a lease longer than six months (6) is necessary. A signed copy of the lease must be provided to the County prior to occupancy by any tenant. Any such lease approved by the County shall be equivalent to the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowners' assessments, utilities remaining in owner's name, plus an additional twenty dollars ($20) and a reasonable (refundable) security deposit. 11 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the Property or unit with non-owners on a rental basis provided Owner continues to meet the obligations contained in these Guidelines and the Deed Restriction. 7. In the event Owner changes domicile or ceases to utilize the Property or Unit as his or her sole and exclusive place of residence, the Property or Unit will be offered for sale pursuant to the terms of these Guidelines and the Deed Restriction. Owner shall be deemed to have changed Owner's domicile by becoming a resident elsewhere or accepting permanent employment outside of Eagle County, or residing on the Property or Unit for fewer than nine (9) months per calendar year without the express written approval of the County. Where the provisions of this Paragraph apply, the County may require the Owner to rent the Property or Unit in accordance with the provisions of the Vines at Vail Rental Guidelines. B. A leave of absence may be granted for one year (in the sole discretion of County), subject to clear and convincing evidence that shows a reason for leaving and a commitment to return to the Eagle County area. Said evidence shall be in written form presented to the County for review and recommendations thirty (30) days prior to leaving. The Leave of Absence shall be for one year and may, at the discretion of the County, be extended for one year, but in no event shall it exceed two years. The unit must be rented during said year or years to residents who comply with occupancy requirements. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished to the County. C. If the Unit is listed for sale and the Owner must relocate to another area, the unit may, upon approval of the County, be rented prior to completion of the sale to persons who comply with the occupancy requirements. A letter must be sent to the County requesting permission to rent the unit until sold. A lease of not less than (6) months must be provided to the tenants with a sixty (60) day move out clause upon notification that the unit is sold. D. Occupants may request waivers to the provisions of these Guidelines concerning Rentals by providing a written request to the County Housing Department, which will then be forwarded to the County Commissioners for their consideration. E. Eagle County may charge an administrative fee for processing rental requests. VII. ANNUAL VERIFICATION REQUIRED; PENALTIES FOR VIOLATION A. No later than February 1 st of each year, the owner of the Unit shall submit two copies of a sworn affidavit on a form to be obtained from Eagle County Housing Division, to the County verifying that the Unit continues to be Owner occupied in accordance with these Guidelines, that the occupant has worked 12 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES thirty hours per week for the previous year or earned 75 % of his/her earnings in Eagle County, where the occupant has worked and other information that County may require. B. If the County determines that there has been a violation of these Guidelines or the Deed Restriction, the Owner of the Unit shall be found to be in noncompliance. Penalties the County may assess against the owner include, but shall not be limited to eliminating resale gain, requiring sale of the Unit, penalties and remedies as identified in the Deed Restriction and/or penalties found in the Eagle County Land Use Regulations. Any misrepresentation by an applicant in submittal material shall disqualify the applicant from purchasing a Vines at Vail Unit. C. In the event that the Owner of a Unit fails to cure any breach of the Master Deed Restriction of these Guidelines the County may resort to any and all available legal action, including but not limited to, specific performance of the Deed Restriction, a mandatory injunction or require the sale of the Property of Unit by Owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. D. If a violation of the Deed Restriction or these Guidelines is discovered, County shall send a notice of violation to the Owner detailing the nature of the violation and allowing the owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before the Board of County Commissioners (or such other entity as the Board of County Commissioners may designate) to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of these Agreement. If a hearing is held before the Board of County Commissioners, or its designee, the decision of the Board of County Commissioners or its designee, based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. If the Board or its designee determines that there has been a violation of the occupancy standards, the owner of the Unit shall be found to be in non-compliance. VIII. SUBMITTAL REQUIREMENTS In conjunction with completing an application to purchase a Unit, the applicant shall provide, upon request by the County, the following documentation as proof of residency and employment: A. Federal Income Tax return forms. Applicant must provide the last three (3) years of Federal Income Tax Returns, an audited financial statement if available, or acceptable documentation to the County. B. Verification of current employment in Eagle County or proof of volunteer work to satisfy the requirements of Section V(B)( 1)( e )(Le., wage stubs, employer 13 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES name, address and phone number or other appropriate documentation as requested by the County). C. Landlord verification (proof of residency, physical address). D. Valid Colorado Driver's License (address, issue date). E. Prequalification for a loan from a bank or mortgage company. F. Deposits for down payment shall be verified by the holder of such funds. G. Any co-ownership interests other than joint tenancy or tenancy-in-common must be approved by the County. H. Any documentation that the County deems necessary to make a determination. IX. FORECLOSURE In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a promissory note secured by a first deed of trust on a Unit, Eagle County shall have the option to purchase the Property which shall be exercised as set forth in the Deed Restriction. X. MODIFICATION These Guidelines may be modified by the Board of County Commissioners. XI. AGREEMENT TO ARBITRATE ALL DISPUTES Any dispute arising out of or related to these Guidelines or the purchase or sale of property at Vines at Vail, including the determination of the scope or applicability of this agreement to arbitrate, shall be subject to binding arbitration. Buyers, sellers, and occupants of Vines at Vail shall agree that any disputes concerning the terms and conditions of the purchase, sale, or occupancy of any unit at Vines at Vail shall be submitted and finally settled by arbitration to the extent permitted by law. Arbitration shall be conducted at the Eagle County Government Building, 500 Broadway, Eagle, CO 81631-0850 pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Any such binding arbitration shall be presided over by an Eagle County hearing officer appointed by Eagle County to arbitrate disputes. Judgment on any award may be entered in any court having jurisdiction. XII. ADDITIONAL INFORMATION For additional information, contact the Housing Division of Eagle County. 14 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES EXHIBIT "A" "Permitted Capital Improvements" 1. The term "Permitted Capital Improvement" as used in these Guidelines shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property; b. Improvements for energy and water conservation; c. Improvements for health and safety protection devices; d. Improvements to add and/or finish permanent/fixed storage space; and/or e. Improvements to finish unfinished space; f. The cost of adding decks and balconies, and any extension thereto; g. Except where the Homeowners' Association maintains building exteriors (from basic dues and not special assessments), the following major maintenance items may be included as "Permitted Capital Improvements" with an appropriate reduction for the life of the improvements: i. Exterior painting, to be amortized over three (3) years. (i.e. In the first year the full cost of painting could be added as a permitted capital improvement; in the second year two-thirds of the cost could be added, in the third year one-third could be added and after three years none of the cost could be added.) ii Roof to be amortized over 10 years. iii. Exterior windows to be amortized over 10 years. h. Upgrades offered by the developer as part of the original construction of the unit and approved by County as Permitted Capital Improvements. The County will maintain a list of approved upgrades and this list may be obtained from the Eagle County Housing Division; i. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing, and mechanical fixtures, carpeting, flooring and similar items; j. Permanent landscaping and fencing; and k. Jacuzzi, saunas, steam showers and other similar items. 2. Permitted Capital Improvements as used herein shall NOT include the following: a. Upgrades or addition of removable decorative items, removable window coverings and other similar items. 3. STRUCTURAL UPGRADES BY DEVELOPER. The following structural upgrades offered by the developer as part of the original construction and sale shall be included in the purchase price for purposes of calculating maximum resale price and not as permitted capital improvements: a. Basements; b. Garage; c. Carport; d. Optional bath; e. Optional bedroom wall; 15 11/15/06 VINES AT VAIL PUD LOCAL RESIDENT HOUSING GUIDELINES f. Electrical for ceiling fan; and g. Space Saver Microwave. 4. STRUCTURAL UPGRADES BY OWNER. The following structural upgrades which may be installed by an Owner after closing may be included in the purchase price for purposes of calculating the maximum resale price and not as permitted capital improvements (Note: finishes to such structural items shall be deemed to be permitted capital improvements pursuant to paragraph 1 of this Exhibit A): a. Garage; b. Carport; c. Optional bath; d. Optional bedroom wall; e. Electrical for ceiling fan; and f. Space Saver Microwave. In order for the items set forth in this Paragraph 4 to qualify for inclusion in the purchase price, the Owner must furnish to County the following information: i. Original or duplicate receipts to verify actual costs expended by Owner; ii Owner's affidavit verifying that the receipts are valid and correct as of the time of purchase; iii. True and correct copies of any building permit or certificate of occupancy required to be issued by the Eagle County Building Division. Work performed without the issuance of a required building permit shall not be considered for inclusion in the purchase price. The allowance of such structural items in this paragraph 4 should not be deemed approval of associated work by County. Any work must be conducted in compliance with Vines at Vail Association Documents and all applicable State, County and local regulations; iv. Only Owner's actual out-of-pocket costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to Owner's labor. 5. All Permitted Capital Improvement items and costs as well as structural upgrades shall be approved by County staff. a. As more fully set forth in Paragraph III B of these Guidelines and the Deed Restriction for the Occupancy and Resale of Vines at Vail, the value of Permitted Capital Improvements shall not exceed ten percent (10%) of the purchase price for each ten years of ownership and do not increase the purchase price and thus are not subject to appreciation. b. The value of structural upgrades as identified in paragraphs 3 and 4 of these Exhibit A may be included in the purchase price and may appreciate as set forth in the Deed Restriction Agreement for the Occupancy and Resale of a Vines at Vail unit. 6. In the event there are any questions as to whether an item will qualify as a Permitted Capital Improvement or as a structural upgrade contact the Eagle County Housing Division. 16 11/15/06 EXHIBIT "0" WILDLIFE ENHANCEMENT AND MITIGATION PLAN FOR VINES AT VAIL, EAGLE COUNTY, COLORADO Prepared for: Kiwa Associates, LLC p.o. Box 18296 Avon, Colomrk 81620 September, 2006 WMtern CC06lf6tem6) Ync. Ccolo'jical COMutlantJ 905 We;! Coach Road, Boulder, Colorado 80302 (303) 442-6144 WILDLIFE ENHANCEMENT AND MITIGATION PLAN FOR VINES AT VAIL, EAGLE COUN1Y, COLORADO Prepared Iy: Richard W. Thompson, Certified Wildlife Biologist Western Ecosystems, Inc. 905 West Coach Road Boulder, Colorado 80302 Prepared for: Kiwa Associates, LLC P.O. Box 18296 Avon, Colorado 81620 September 14, 2006 Copyright ~ 2006. Western Ecosystems, Ine. All rights reserved. No part of this document may be reproduced or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, or by any information storage or retrieval system, without permission in writing from the author. C\.. \ Vines at Vail\Sept1506 Wildl Mit Plan - Fmal Wildlife Mitigation and Enhancement Plan Vines at Vail TABLE OF CONTENTS Section Page 1.0 INTRODUCTION ...............................................................................................................................................1 2.0 EFFECTS ANALYSIS AND PROPOSED MITIGATION/ ENHANCEMENT .......................2 2.1 Retention of High Value Wildlife Habitats ............................................................................................2 2.1.1 Eagle River Riparian Corridor ................................................................................................2 2.1.2 Sagebrush and Juniper Shrublands .........................................................................................2 2.2 Mule Deer Migration Corridor .................................................................................................................2 2.3 Retaining and Enhancing Big Game Winter Range............................................................................. 5 2.3.1 Selective Location of Development .....................................................................................6 2.3.2 Establishing Building Envelopes ............................................................................................6 2.3 .3 Fencing Restrictions.................................................................................................................. 7 2.3.4 Dogs and Pet Conttol..............................................................................................................8 2.3.5 Designating Open Space ......................................................................................................... 9 2.3.6 Water Tank Development ....................................................................................................1 0 2.3.7 Seasonal BLM Access/ Use Restrictions ............................................................................12 2.3.8 Compensation for Lost Mule Deer Winter Range.......................................................... 13 2.4 Big Game Management ...........................................................................................................................15 2.5 Wildlife Mortality on Local Roads .......................................................................................................15 2.6 Bears and Trash Removal.......................................................................................................................16 2.6.1 Bears and Trash Removal at the Vineyards and Winery................................................16 2.6.2 Bears and Trash Removal at the Resort Village Lodge, Suites, and Residences.......18 2.6.3 Bears and Trash Removal at the Commercial Developments.......................................20 2.7 Reclamation/ Landscaping............... ............................ ........................................................................ .21 2.8 Mountain Lions........................ ............................................................................. ............................... ....22 2.9 Aquatic Issues........................................................................................................................................ ...22 2.9.1 Water Depletions ....................................................................................................................22 2.9.2 Water Quality........................................................................................................................ ...23 2.9.2.1 Furunculosis........................................................................................................ ...23 2.9.2.2 Site Runoff............................................................................................................ ..23 2.10 CDOW Indemnification ......................................................................................................................24 2.11 Education............................................................. .................................................................................. ..24 2.12 Enforcement........................................................................................................................................ ...24 3.0 ADDITIONAL COMMITMENTS.............................................................................................................25 4.0 LITERATURE CITED....................................................................................................................................26 5.0 BLM RIGHT-OF-WAY GRANT .................................................................................................................26 LIST OF FIGURES Figure Page 1. Vines at Vail mule deer winter range impact areas.....................................................................................14 Western Ecosystems, Inc. September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail LIABILITY DISCLAIMER The enhancement and mitigation section of this document was prepared for the benefit of prospective residents, residents, guests, and operators of the Vines at Vail Winery and Resort Village, with review and comment by the Colorado Division of Wildlife (CDOW). The contents are based on the most current professional wildlife data and theories. However, wildlife biology is as much an art as it is a science. Much is yet to be learned about the life history and behavior of most animals. Wildlife should always be treated for what they are, wild, unpredictable animals. Particularly with regard to bears and mountain lions, every situation is different with regard to the animal, the circumstances, the people involved, and their activity. There have been no definitive scientific studies conducted to determine precisely what should, and should not be done, in the event a human encounters a bear or lion. However, based on people who have encountered these animals, some patterns of human behavior and animal response have emerged. The suggestions in this document are based on those behaviors, but are only considered a guide. Kiwa Associates, LLC and Western Ecosystems, Inc. take no responsibility for the actions taken by people who read this guide. Western Ecosystems, Inc. September, 2006 11 Wildlife Mitigation and Enhancement Plan Vines at Vail 1.0 INTRODUCTION Kiwa Associates, LLC (the Applicant) proposes to create a mixed use PUD on 38.5 acres in Wolcott including: a winery complete with tasting room; lodge/inn; community pavilion; educational spaces, commercial, retail spaces (including but not limited to showrooms; restaurants; arts and crafts studios; warehouse; cottage industries; resort support services, etc.); conference facilities; both free market residential and employee housing; office; recreational and agricultural and landscape features. Wildlife use of the property has been described in an Environmental Impact Report (Watershed Environmental Consultants, Inc. 2004, 2005) and in the Preliminary Plan Application to Eagle County. This document represents the final Wildlife Mitigation and Enhancement Plan reflecting the development proposal approved by the Board of County Commissioners on September 5, 2006. This Wildlife Mitigation and Enhancement Plan, prepared for the proposed Vines at Vail, proposes Kiwa Associates, LLC's commitments to avoid, minimize, and mitigate impacts resulting from the proposed development, as described herein. The standards contained in this plan are consistent with, or exceed, those associated with other Wildlife Mitigation and Enhancement Plans developed for the surrounding area and other applicable Colorado developments. The specifics contained herein have evolved from existing wildlife information, results of field surveys, discussions and correspondence with Colorado Division of Wildlife (CDOW) and Bureau of Land Management (ELM) representatives, input from Eagle County (County) and the public, and meetings and discussions with staff and professionals representing the proponent. Mitigation and enhancement measures were then developed to address project effects to the extent practicable. This plan not only considers the resort, residential, and commercial components of the proposal, but also considers how this development can be integrated into existing and potential surrounding developments to facilitate continued wildlife use. This plan is organized by wildlife issues. Where mitigation measures apply to more than one issue, they are discussed under the most appropriate issue and only mentioned under other issues. In the event of conflicting guidelines, regulations, covenants, etc. within this Plan and/ or between this Plan and PUD Guidelines, the most restrictive provisions shall apply. Kiwa Associates, LLC, its successors or assigns, which might undertake some or all of the owner's commitments, as delineated below, propose to commit to the following wildlife mitigation measures. This Plan will be effective in phases upon Eagle County approval of each final plat development phase of the Vines at Vail project. In the event that the Vines at Vail project is not approved and implemented, in whole or in part, Kiwa Associates, LLC shall not be required to implement the respective component(s) of this Plan. Western Ecosystems, Inc. September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail 2.0 EFFECTS ANALYSIS AND PROPOSED MITIGATION/ ENHANCEMENT 2.1 RETENTION OF HIGH VALUE WILDLIFE HABITATS Two high value wildlife habitats occur on or adjacent to the subject property: big sagebrush/ juniper shrubland and riparian habitat along the Eagle River. These habitats would be avoided to the extent possible and be retained for continued wildlife use. However, although most of the acreage of these habitats would remain undeveloped and be retained as designated or de facto open space, it should be recognized that the proximity of human developments and use within or adjacent to these areas would reduce the effectiveness of these habitats such that the present numbers of wildlife currently using these areas will not be retained in all circumstances. 2.1.1 EAGLE RIVER RIPARIAN CORRIDOR The southern Vines at Vail property line occurs approximately 300 feet north of the Eagle River and north of the railroad right-of way and does not include any portion of the nearby Eagle River riparian corridor, consisting largely of willows and cottonwoods. The water supply intake from the Eagle River would be located within an area (the old bridge abutment now being replaced) that has been previously disturbed to minimize/ avoid impacts to the river and riparian corridor. 2.1.2 SAGEBRUSH AND JUNIPER SHRUBLANDS Most of the sagebrush and juniper shrubland on the property occurs on slopes greater than 30% and would be retained as de facto or designated open space. Building envelopes, fencing restrictions, clustering, dog restrictions, and other proposed mitigation measures associated with proposed development on the property (see below), would minimize habitat loss and optimize the effectiveness of remaining habitat. However, as described above, it should be recognized that the proximity of human developments and use within and adjacent to these undeveloped areas would reduce the effectiveness of these habitats. Potential single-family development in Tract E (Sheet C-2, Preliminary Plan map) atop the bluff and adjacent to a large tract of BLM land) would only occur if the applicant could demonstrate legal and physical access to the area. Approval of such development would require a PUD amendment and another County planning and review process. Where development impacts or isolates sagebrush and juniper shrubland on the property, the lost foraging values associated with those habitats would be compensated, as described in Section 2.3.8, below. 2.2 MULE DEER MIGRATION CORRIDOR Utilizing the most current (11arch 7, 2006) wildlife mapping available (http://ndis.nrel.colostate.edu/website/mapit; Natural Diversity Information Source [NDIS], operated by Colorado State University) for the project's site-specific analysis (Alan Richman Planning Services and Design Studios West 1996, Page 61), a broad east-west mule deer migration corridor, used for concerted Western Ecosystems, Inc. September, 2006 2 Wildlife Mitigation and Enhancement Plan Vines at Vail east-west movements between summer and winter ranges twice a year, occurs north of the Eagle River. Considering general physiography, local land uses, and a discussion with the CDOW, the southern boundary of the mule deer migration corridor will be considered to be the north shoreline of the Eagle River. As such, the entire Vines at Vail property would be located within the southern perimeter of the corridor. Thus, avoidance of the migration corridor is unavoidable if any development occurred on the property. In the vicinity of the Vines at Vail property, the designated corridor is approximately 8,421- 10,526 feet (1.59-1.99 miles) wide. The water tank and upgraded access road proposed on BLM land above the Vines at Vail property occurs within the interior of the migration corridor. As described in Section 2.3.6, below, water tank development would implement measures avoiding any substantive affects to deer migration through the area. While the water tank would be located in a functional part of the mule deer migration corridor, the unfenced, 60-foot diameter tank would represent an inanimate object composing 0.7% of the corridor's 8,960 foot width (i.e., between the northeast corner of the Gallegos facility and the closest northern boundary of the migration corridor, just east of the landfill) that migratory movements would "flow" around. As such, the proposed action would not adversely affect the effectiveness of the mule deer migration corridor, as defined in the 1996 County Master Plan (Alan Richman Planning Services and Design Studios West 1996) or using more current wildlife mapping, as described below. Seasonal wildlife ranges portrayed in NDIS mapping do not consider fine-scale non-use areas resulting from incompatible land uses and physiography (e.g., cliffs) that animals cannot negotiate. The only feature on-site that deer are unable to negotiate is the steep shale bluff located in the eastern one-half of the property. While some fall (i.e., westbound) deer migration may occur through the Vines at Vail property, the vast majority appears to occur north of the property, associated with extensive, isolated habitats also used for foraging and cover as animals are moving down from higher elevation summer ranges. The few animals that might migrate through the property north of the river and south of the shale bluff (i.e., along the railroad tracks) would be deflected north of the Gallegos and Waste Management facilities, contiguous to the south and west of the subject property. In this vicinity, it is most likely that animals would cross Highway 131 to the north, rather that moving in the narrow strip of open land between the cliffs above the Eagle River and Highway 131, before encountering the existing home site overlooking the river. Further northwest, the vast majority of fall movements go north of the cliffs associated with canyon at the mouth of Alkali Creek. In spring, this migration pattern is reversed. Because virtually all eastbound movements occur north of Alkali Creek Canyon, the main "stream" of migratory movements remains well north of the Vines at Vail property. Nevertheless, a few animals may drop down to the Vines at Vail and follow the narrow corridor between the river and bluff. Vines at Vail development would deflect migratory deer movements of that portion of the herd that may seasonally move through the property. Fall westbound movements would be deflected up into the main "stream" of the migration corridor on the west and/or east sides of the shale bluff (i.e., as they encountered, and/or before they encountered the development). Spring eastbound movements encountering development on the property would also deflect animals back up into the center of the corridor crossing through BLM lands. The overall effect would be a local narrowing of the migration corridor along a peripheral portion of the existing corridor that is now used by a small proportion of the overall herd in an area where movement patterns are already influenced by natural (the Eagle River, shale bluff, and cliffs associated with the Eagle River and Alkali Creek Canyon) and anthropogenic features (railroad tracks, Gallegos and Waste Management facilities and adjacent developments, and Highway 131). Western Ecosystems, Inc. September, 2006 3 Wildlife Mitigation and Enhancement Plan Vines at Vail While this portion of the movement corridor conducts a small percentage of the herd's movements, it nevertheless contributes to the effectiveness of the overall corridor. The few animals deflected from developed portions of the Vines at Vail property into the main body of the movement corridor should be accommodated without adverse effect (i.e., without increased road-kill probabilities, predation pressure, increased stress effects, etc.) because of how broad the adjacent corridor would be, even considering reasonably foreseeable development (such development does not include Wolcott Reservoir). While proposed Vines at Vail development would occur outside of, and well buffered from, the main "stream" of the migration pattern, Vines at Vail related development and activities extending off-site has the potential to adversely affect migration on those BLM lands to the north. With the implementation of the following mitigation measures, those potential adverse effects would be reduced, possibly to the extent of reducing the current level of adverse effects during the migration and winter range periods (i.e., from year-round public access via motorcycles, snowmobiles, ATVs, Nordic skiers with dogs, etc., extending far into the BLM habitat block). A. The existing Holy Cross Electric maintenance/ access road will be used to access, construct, and maintain the water tank. B. The water tank will be located at the closest viable site to the Vines at Vail, which will limit the intrusion of construction and maintenance activities into this large habitat block. Site viability included multi-disciplinary considerations, including, but not limited to gravity feed vs. pumping, visual mitigation, archaeology, access, as well as wildlife. C. All road upgrading required for the water tank and water tank construction shall be implemented between May 1 and November 14 (dates inclusive, Tom Fresques, BLM, pers. comm. Nov. 14,2005) to avoid the periods associated with mule deer migration and winter range occupancy, or as authorized later in fall and/or earlier in spring by the BLM biologist in consideration of seasonal habitat use by deer during the specific construction season(s). The period from November 15 to April 30 (dates inclusive) is thought to include most fall and spring mule deer migration and all winter range use for the area surrounding the water tank site. Tills period differs somewhat from the mule deer migration periods (October 15 to December 14 [fall] and April 16 to June 1 [spring], dates inclusive) and winter range occupancy period (December 15 to April 15, dates inclusive) that the CDOW applies to the broader Eagle Valley, between approximately Vail and Eagle, resulting in a longer, October 15 through June 1 (dates inclusive) migration and winter range interval. D. The water tank and pipeline to be constructed on BLM land are passive facilities requiring little maintenance. Excluding any emergencies, the only regular maintenance at the water tank would be the telemetry radio and solar power system. The only regular maintenance required for the pipeline is annual exercising of pipeline valves. Devices associated with the water tank and pipeline usually require a visit every three to six months. Unless something breaks, the Eagle River Water and Sanitation District (ERWSD, District) should be able to avoid or minimize (i.e., to 1 visit) routine maintenance visits during the sensitive, 5.25 month long migration and winter range period (November 15 to April 30, dates inclusive). To further reduce disturbances to migrating and wintering animals that may be along the access road and around the tank site during a required winter maintenance visit, the District has agreed to limit the maintenance to between 9 AM and 3 PM, the middle of the day, when big game are less likely to be active, and potentially less affected by maintenance activity. Further, Distract Western Ecosystems, Inc. 4 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail maintenance personnel would be educated about the migration and winter range sensitivities on BLM lands behind the gate, and access to the water tank during the seasonal closure would only be for emergency and authorized, legitimate work. E. BLM Right-of-way (ROW) Grant provisions (peb 23, 2006, see Section 5.0) and this Plan propose to terminate and prohibit year-round public access to the BLM parcel via the existing Holy Cross Electric access road. This would reduce disturbances to the core of the migration corridor and the block of winter range to and past the water tank site during those critical use periods. F. To minimize disturbances to big game migrating through and wintering on BLM lands, from residents and guests from the Vines at Vail hiking up the water tank road, Vines at Vail has developed an access control plan (see Section 2.3.7, below) prohibiting access by all non-authorized Vines at Vail personnel (there should be no authorized use) during the migration and winter range occupancy periods (Nov. 15 - April 30, as defined by BLM). Additional related measures (e.g., signed, locked gate; education; fencing to denote property boundary; closure of any volunteer trails to and through open space areas; enforcement; etc.) are part of that plan. G. The following topics, addressed in greater detail in their own sections, below, would also minimize or avoid Vines at Vail project effects from extending much beyond present human disturbances onto adjacent BLM lands and the isolated, heavily used portion of the mule deer migration corridor: Section 2.3.2 Establishing Building Envelopes Section 2.3.3 Fencing Restrictions Section 2.3.4 Dog and Pet Control Section 2.3.5 Designating Open Space Section 2.3.6 Water Tank Development Section 2.3.5 Seasonal BLM Access/ Use Restrictions Section 2.5 Wildlife Mortality On Local Roads Section 2.11 Education Section 2.12 Enforcement 2.3 RETAINING AND ENHANCING BIG GAME WINTER RANGE All of the subject property, the water tank site, and the water tank access road, is classified on CDOW WRIS maps and County Wildlife Maps (Alan Richman Planning Services and Design Studios West 1996) as mule deer winter range and severe winter range. Field surveys validated the winter range designation and the property's physiography, location, and habitats are consistent with the severe winter range designation. That portion of the property, contiguous to the north of the Gallegos property, that was historically cleared of native vegetation and used as a loading area for much of the region's livestock onto railroad cars, has recovered on its own sufficiently to again support effective winter range values, although local areas remain that do not support effective forage. However, it is largely in this previously disturbed area that facilities associated with the proposed winery and resort would be located, so at least moderate or high quality habitat would not be lost. County Wildlife Maps (Alan Richman Planning Services and Design Studios West 1996) do not identify any elk winter ranges or important elk habitats overlapping the property. However, current (Nov. 7,2005) NDIS maps Western Ecosystems, Inc. September, 2006 5 Wildlife Mitigation and Enhancement Plan Vines at Vail (http://ndis.nrel.colostate.edu/website/mapit) classify the extreme northeast comer of the property (i.e., overlapping a portion of Tract F) as elk winter range. Area characteristics are consistent with that designation. Big game winter range values on and adjacent to the subject property would be retained as effectively as possible by (1) clustering development in the southwestern comer of the property where winter range values have already been degraded by habitat conversion and proximity to existing developments, (2) establishing building envelopes, (3) establishing and enforcing fencing and dog restrictions, (4) designating and otherwise protecting habitats outside of development areas as open space, (5) closing the water tank access road to pubic use year-round, (6) restoring winter range disturbed by construction activities on Vines at Vail and BLM lands, (7) compensating for winter range lost to development on Vines at Vail and BLM lands, and (8) implementing and enforcing a seasonal closure of water tank-related construction and anticipated dispersed recreational use along the existing road system in the large block of winter range on BLM lands to the north. However, even implementing the above measures would result in a net loss of winter range. To compensate for lost winter range foraging values, adjacent big game winter range would be enhanced via aerial fertilization in perpetuity. Each of these measures is described below. 2.3.1 SELECTIVE LOCATION OF DEVELOPMENT The bulk of the proposed development would be located in the western half of the property where winter range values have already been degraded by habitat conversion and proximity to existing developments and Highway 131. As a result, a limited area of moderate or high quality habitat would be lost. The parcel is elongated to the extent of being almost linear. All proposed development would be contained within the western 40% of the parcel and larger open space areas within that 40% would remain effective habitat. Some may consider such development clustered, others may not. Furthermore, the proposed development density is configured in a way that would reduce impacts to wildlife by locating the most dense, high activity (i.e., commercial) development contiguous with the existing Gallegos and Waste Management facilities along and adjacent to Highway 131 where habitats are degraded and affected by human activities. Less dense resort development is located further into the property and the single-family development is located the furthest into the property from the highway and existing disturbance areas. 2.3.2 ESTABLISHING BUILDING ENVELOPES Building envelopes, governing the location and distribution of all structures (e.g., winery, pavilion, lodge, suites, any multi-family housing, all fencing, dog runs, etc.), surrounding yards, and all disturbance to native vegetation, with the possible exceptions of utilities, driveways, and the commercial area, would be established to insure that development follows a design minimizing losses of native habitat and facilitating continued wildlife movements through, and use of, the property. Prior to any ground disturbance, the building envelope should be delineated by snow fencing or sediment fencing to contain and limit ground disturbance. No vegetative manipulation should be permitted outside of designated building envelopes, except where manipulation is required as part of a valid winter range enhancement program, as may be required to revegetate those areas disturbed by construction (e.g., driveways, access and utility easements, ISDS, etc.), as may be required to establish screening vegetation, and for weed control. Outside of designated building envelopes, additional vegetative manipulation should only be permitted for valid fire management mitigation. The objective of these measures is to minimize the amount of natural habitat loss and maintain existing vegetation Western Ecosystems, Inc. September, 2006 6 Wildlife Mitigation and Enhancement Plan Vines at Vail buffering visual and acoustic disturbances from adjacent habitats. Residential construction should implement Best Management Practices. Resort management and any residents should also be educated (see Section 2.11, below) to appreciate and maintain the existing vegetative community, particularly shrubby areas, which provide important wildlife cover and forage values. Resort management and any residents should also be educated to recognize that they have moved into wildlife habitat, that some wildlife will have strong compulsions to eat grapes, grape foliage, and landscaping, and that the CDOW will not be liable for any wildlife damage. Building envelope setbacks from the BLM lands to the north have been established to buffer potentially conflicting public activities (e.g., hunting, A IV, motorcycle use, etc.) from Vines at Vail facilities and residences, as well as Vines at Vail activities from wildlife use on adjacent BLM lands. Vines at Vail propose to buffer some setbacks with trees and shrubs. The suites in Lots A4 and AS are set back 40 and 30 feet, respectively, from their closest corners to the BLM property line. To establish a more effective buffer, Vines at Vail propose to construct a two-foot tall berm/ swale behind these lots. Mature (i.e., large) trees (e.g., Rocky Mountain juniper, pinyon pine, etc.) and 2:: two-foot tall shrubs (e.g., junipers) of a type tolerant of the site conditions and consistent with wildfire clearance areas between the berm and adjacent buildings, would be established atop the berm. The berm/ swale would be consistent with the drainage plan. A wildlife friendly fence (e.g., 2 rail split-rail design) would also be established along the berm top, uphill of those two buildings on Vines at Vail property, east of the water tank access road, to identify the BLM boundary to residents/ guests, buffer, and physically separate human activity from wildlife that might be using adjacent public lands. Signs, with the wording provided in Section 2.3.7, Para. C, below, would be located at strategic points along this fence. A rockfall hazard ditch is to be constructed within Lots C4-C7 in Planning Area C. That ditch will enhance the effectiveness of the setback from undeveloped habitat further east on those lots and from Tract D open space beyond. The acreage of undisturbed and reclaimed habitat west of the ditch on those lots would be added to the winter range compensation acreage, even though most of it on those lots would remain undisturbed and effective for continued deer use. The Lot B3 building has been setback 25-68 feet from its closest corners to the BLM property line. To establish a more effective buffer, Vines at Vail propose to install a wildlife friendly fence (e.g., 2 rail split-rail design) along the top of a swale uphill of that building on Vines at Vail property to identify the BLM boundary to residents / guests and buffer human activity from wildlife that might be using adjacent public lands. Signs, with the wording provided in Section 2.3.7, Para. C, below, would be located at strategic points along this fence. If needed to protect the Vines at Vail property from livestock grazing on the adjacent BLM land, Vines at Vail may construct a wildlife friendly fence along the entire common property line. Such a fence would also serve to identify the property boundary to residents and guests of the Vines at Vail. 2.3.3 FENCING RESTRICTIONS Fencing restricts big game movements, reduces habitat effectiveness, and can result in wildlife mortality through entanglement. There is currently no fencing on the property. With the exception of electric fencing to restrict wildlife access to the vineyards (see below) and dog fencing (see below), all fencing should be discouraged on the property and restricted to within building envelopes on residentiallots to facilitate local and migratory wildlife movements, optimize habitat availability, and reduce wildlife mortality. Fencing approval will be under the purview of the Design Review Board or Property Owners Association. There shall be no fencing of perimeter lot lines, of any building envelope perimeter, or around the water tank (unless required by the Eagle River Water and Sanitation District Western Ecosystems, Inc. September, 2006 7 Wildlife Mitigation and Enhancement Plan Vines at Vail for security around this public infrastructure). Decorative fencing not designed to allow for wildlife movements is prohibited. Property Owners would be permitted a privacy fence to enclose up to 5,000 square feet, provided it is immediately adjacent to the house and it is entirely within the designated building envelope. No equestrian use is proposed on the property so that no corral or temporary boarding (i.e., overnight) fencing need be considered (that would otherwise be prohibited). Continuous buck & rail fencing is prohibited because it is not compatible with wildlife movements. However, discontinuous (e.g., decorative) buck & rail fencing may be used in local areas provided it meets the following specifications. (1) Buck & rail fencing is prohibited closer than 40 feet from the edge of any internal roads within the property. This space is the minimum required to prevent animals caught on the road side of the fence from panicking and attempting to run across the road in front of an oncoming vehicle. (2) Any buck & rail fencing along roads should be limited to the comers of entrance roads and property comers. In each of these areas, such fencing shall not exceed a single linear span greater than 40 feet (or 80 feet, where two 40-foot spans are joined at a comer), with at least an effective 20 foot wide opening between fencing spans. Any fencing along both sides of any internal road shall have openings located opposite each other to facilitate safe wildlife crossing. (3) Within the property, spans of such fencing shall be ::;; 40 feet in length and there shall be a gap of at least 20 feet between any two spans of fencing to allow animals to move through the fence line. (4) In the event that (in the opinion of the CDOW) fencing restricts wildlife movements or results in increased road mortality, Resort management, the Design Review Board, or the Property Owners Association will work with the CDOW to resolve the conflict. Fencing may be subject to more restrictive provisions as stated in the Protective Covenants, Design Guidelines, or other documents related to the property. 2.3.4 DOGS AND PET CONTROL Dog and pet control provisions on the subject property are the same throughout the property because while development types (i.e., commercial vs. Resort Village vs. single-family residential) would be different, free-ranging pets could travel and pose hazards to wildlife throughout and beyond the property. Each residentiallot will be permitted to have up to two dogs, two cats, and their offspring up to three months old. These and other residents will be prohibited from harboring dogs on their property unless they have adequate outdoor facilities (i.e., a fenced yard, dog run, or kennel) to contain the animals. Even if dogs are to be kept indoors at all times, an adequate outdoor facility must be provided, because at some point it is sufficiently likely that a dog will be left unleashed outdoors. Enclosed runs must be located immediately adjacent to the home, within the lot's building envelope, and shall not exceed 1,000 square feet. Property Owners are encouraged to completely enclose runs (including tops and bottoms) to protect dogs from possible mountain lion predation and to prevent some dogs from digging their way out. If facilities are inadequate to contain the resident's dog(s), the animals will be immediately removed from the property until adequate structures can be built. Cats shall be kept indoors. The Resort Village would have a community kennel to accommodate pets of residents and guests. To further prevent free-ranging dogs escaping from the Resort Village, resort management should have an adequate selection of dog collars and leashes on hand at all times to loan to guests without such restraints. Western Ecosystems, Inc. September, 2006 8 Wildlife Mitigation and Enhancement Plan Vines at Vail Measures shall be implemented to prevent free-ranging pets originating from owners and employees at Commercial/ Mixed Use areas, as described elsewhere in this Pet Control section. At no time shall dogs or cats be allowed to run freely on the property. When dogs are outside of any facilities on the property, as described above, or on BLM lands, as described in Section 2.3.7, below, the dog must be controlled by a leash of no more than 12 feet in length and under the direct control of its owner or authorized representative. Visitors and guests of residents shall comply with all dog and pet control measures applicable to this property. Residents and Resort management shall be responsible for the actions of their guests. Resort management and the Property Owners Association shall be responsible for enforcing dog and pet covenants. The County and CDOW may also control stray dogs. Such control may include the destruction of stray dogs under Colorado law. Property Owners not in compliance with these dog and pet restrictions shall be responsible for any and all costs incurred by Resort management, the Property Owners Association, County, and/or CDOW for enforcing these provisions. Should Resort management or the Property Owners Association knowingly fail to enforce these dog covenants, the County and/or CDOW may enforce the dog covenants and recover any and all costs incurred. Penalties for first, second, and subsequent violations by a homeowner, guest, business owner, or employee will be a warning, a $200.00 fine, and a $500.00 fine. At any time after the first offense and warning that the dog owner fails to comply, Resort management or the Property Owners Association may request removal of the dog from the Vines at Vail Winery and Resort Village property. Non-payment of a fine or failure to remove the dog(s) from the property, shall be considered a separate violation for each day that a violation continues after notice, and shall be enforced (i.e., fined) accordingly. Contractors, subcontractors, guests, owners, employees, delivery people, etc. should be prohibited from bringing dogs onto the Vines at Vail Winery and Resort Village property, even if dogs would be kept inside vehicles. Violation of the dog policy by a person( s) other than a resident of the Vines at Vail Winery and Resort Village may result in the immediate eviction of the dog and the dog's owner or representative from the property. In the event of a second violation by the same dog and/or the same dog's owner, the dog and the dog's owner or representative may be immediately evicted. from the property, and the offending person in question shall be prohibited from the Vines at Vail Winery and Resort Village property for the following seven (7) consecutive calendar days. In the event of a third violation, the offending person in question shall be prohibited from the Vines at Vail Winery and Resort Village property for the following six (6) consecutive calendar months. Resort management, residents, employers, and employees of the Vines at Vail Winery and Resort Village and its commercial! mixed use area will be educated (see Section 2.11, below) regarding the dog and pet policy for this property. Resort management, residents, employers, and employees will be educated that they should not feed dogs and other pets outside on the property to avoid attracting nuisance wildlife or predators. 2.3.5 DESIGNATING OPEN SPACE Winter range outside of development areas on the Vines at Vail property would be protected as designated or de facto open space. Development Area E (Tract D) would be designated as Restricted Open Space, intended for conservation and wildlife. Recreational use, including, but not limited to hiking, Western Ecosystems, Inc. September, 2006 9 Wildlife Mitigation and Enhancement Plan Vines at Vail would not be permitted in that area year-round. Open space areas would be designated in all other development areas, although not all other areas would continue to provide effective wildlife habitat (e.g., those areas surrounded by development). Some form of improvements may be permitted in those other open space areas which would be consistent with the function of open space, as they relate to agriculture, recreation, utilities, wildfire management, water transmission, wildlife management, trails and access roads, for each particular open space parcel. Agricultural Open Space includes irrigated vineyards, gardens, ponds, and similar landscaping. Usable Open Space areas include, but are not limited to common areas, agricultural areas, and improvements similar to parks, playgrounds, recreation areas/fields, gardens, and landscaping. Permitted structures in these areas may include, but are not limited to, paths, walkways, trails, picnic facilities, gazebos, yurts, viewing decks, swimming pools, hot tubs, and similar facilities. Open Space, includes unusable areas, including some areas with slopes greater than 30%. No vegetative manipulation would be permitted outside of designated building envelopes, except where manipulation is required as part of a valid winter range enhancement program, as may be required to revegetate those areas disturbed by construction (e.g., driveways, access and utility easements, ISDS, etc.), as may be required to establish screening vegetation, and for weed control. Outside of designated building envelopes, additional vegetative manipulation would only be permitted for valid fire management mitigation. While there could be passive human uses of open space areas resulting in diumal disturbances that could be incompatible with periodic mule deer use, the habitat values of those areas would remain largely intact and deer would be expected to continue to use those areas, particularly under cover of darkness. The effectiveness of some open space is already affected to some extent by existing human activity areas (e.g., the contiguous Gallegos and Waste Management operations and Highway 131). 2.3.6 WATER TANK DEVELOPMENT Engineering considerations require the water tank to be located above the Vines at Vail development. The proposed tank site, approximately 1,200 feet north of the property on BLM land, is located along the existing Holy Cross Electric maintenance/ access road at the closest viable site to proje~t. The tank location occurs within mule deer winter range, severe winter range, and the mule deer migration corridor. In addition to the BLM stipulations (see Section 5.0, below) identified for the construction and operation of the municipal water tank, access road, and pipeline on public lands, the following measures would be implemented on public lands to minimize and avoid adverse effects to these mule deer habitats resulting from construction and maintenance of the water tank. A. The existing Holy Cross Electric maintenance/ access road will be used to access, construct, and maintain the water tank, rather than bringing in a much longer road from the County landfill that would cross the large block of relatively undeveloped native habitat north of the Vines at Vail project site. B. The water tank will be located at the closest viable site to the Vines at Vail, which will limit the intrusion of construction and maintenance activities into this large habitat block. C. All road upgrading required for the water tank and water tank construction shall be implemented between May 1 and November 14 (dates inclusive, Tom Fresques, BLM, pers. comm. Nov. 14,2005) to avoid the periods associated with mule deer migration and winter range occupancy, or as authorized later in fall and/ or earlier in spring by the BLM biologist in consideration of seasonal habitat use by deer during the specific construction season(s). The period from November 15 to April 30 (dates inclusive) is thought Western Ecosystems, Inc. 10 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail to include most fall and spring mule deer migration and all winter range use for the area surrounding the water tank site. This period differs somewhat from the mule deer migration periods (October 15 to December 14 [fall] and April 16 to June 1 [spring], dates inclusive) and winter range occupancy period (December 15 to April 15, dates inclusive) that the CDOW applies to the broader Eagle Valley, between approximately Vail and Eagle, resulting in a longer, October 15 through June 1 (dates inclusive) migration and winter range interval. D. Before any construction is started on the upgraded water tank road, water tank, or pipeline, Vines at Vail will install a locked gate at the BLM property line, install the wilcllife- friendly split rail fence to identify the property boundary and restrict human access, and post signs along the property line to educate people, with the wording provided in Section 2.3.7, Para. C, below. E. Throughout all construction associated with the Vines at Vail project, including, but not limited to construction associated with the upgraded water tank road, water tank, and pipeline, all contractors, employees and their representatives will be notified of the seasonal closure on adjacent BLM lands during mule deer migration and winter range occupancy. Vines at Vail will enforce the closure so that no unauthorized persons would be allowed to access and use the BLM land through the Vines at Vail property for any purpose, at any time. If any contractors, employees, or their representatives are found entering the BLM land through the Vines at Vail, they will be asked immediately to vacate the property and not to come back. We will set forth in our construction agreements/contracts that we will not tolerate any infractions that may be committed by their employees or representatives. These conditions will be stricdy enforced. F. Public access through the Vines at Vail property to the BLM parcel, including the water tank/ Holy Cross Electric access road will be terminated and thereafter be prohibited. The water tank access road shall be gated at the BLM boundary or other location as agreed with the BLM authorized officer. No motorized use of the water tank access road shall be authorized except for water tank and pipeline tnaintenance and administrative purposes. G. To reduce existing conflicts between dispersed recreation and mule deer migration and winter range use and to minimize future conflicts at full buildout of Vines at Vail propose an access control plan (see Section 2.3.7, below) for residents and guests of the Vines at Vail to facilitate continued mule deer migration and winter range habitat effectiveness between November 15 and April 30, dates inclusive, as described further in Section 2.3.7, below. This should result in less human activity than what now occurs along the Holy Cross Electric access road during winter, even with proposed water tank maintenance. 1. Excluding emergencies, ERWSD should be able to avoid or minimize (i.e., to 1 visit) routine water tank and pipeline maintenance visits during the sensitive, 5.25 month long mule deer migration and winter range period (November 15 to April 30, dates inclusive). To further reduce disturbances to migrating and wintering animals that may be along the access road and around the tank site during a required winter maintenance visit, maintenance shall be conducted by authorized personnel only and shall occur between 9 AM and 3 PM, the middle of the day, when big game are less likely to be active, and potentially less disturbed by a passing vehicle. Maintenance personnel shall be prohibited from bringing a dog(s) to the water tank to avoid the possibility that it could get out of the vehicle and chase deer. Western Ecosystems, Inc. 11 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail J. All native habitat disturbed by water tank construction activities that could be restored to productive habitat shall be reclaimed using a native seed mix identified by the BLM containing the deer forage species present on site. K. All native habitat disturbed by water tank construction activities that cannot be restored to productive habitat shall be compensated for in perpetuity, as described in detail in Section 2.3.8, below. 2.3.7 SEASONAL BLM ACCESS/ USE RES'IRICTIONS Adjacent BLM lands and portions of Tracts E and F support habitats important for.mule deer migration and winter range. Those uses could be adversely affected by dispersed recreational activities in those areas during those use periods. Mule deer migration and winter range occupancy dates extend from November 15 to Apri130 (dates inclusive, Tom Fresques, BLM, pers. cotntn. Nov. 14,2005). The period from November 15 to Apri130 (dates inclusive) is thought to include most fall and spring mule deer migration and all winter range use for the area surrounding the water tank site. This period differs somewhat from the mule deer migration periods (October 15 to December 14 [fall] and Apri116 to June 1 [spring], dates inclusive) and winter range occupancy period (December 15 to Apri115, dates inclusive) that the CDOW applies to the broader Eagle Valley, between approximately Vail and Eagle, resulting in a longer, October 15 through June 1 (dates inclusive) migration and winter range interval. The following measures would be implemented and enforced to limit human intrusion into the mule deer migration corridor and winter range use on BLM lands north of the Vines at Vail. A. All provisions of Section 2.2, Mule Deer Migration Corridor, above, would be implemented. B. All provisions of Section 2.3.6, Water Tank Development, above, would be implemented. C. Vines at Vail will prohibit residents and guests from using BLM lands north of the property from November 15 to Apri130 (dates inclusive), the period of mule deer migration and winter range occupancy. The gate on the water tank access road will be signed to educate people: CRITICAL HABITATS The lands behind this sign are critical habitats for mule deer winter range and migration. These same habitats are also important for many other wildlife species. Entry is prohibited from November 15 to Apri130 dates inclusive. Enforcement personnel on duty. Penalties for violators up to $500.00. Please call 970-471-0420 to report violations. Non-motorized use of the water tank access road and existing Holy Cross Electric powerline roads by Vines at Vail residents and guests would be permitted from May 1 to November 14, dates inclusive. Virtually all such use would occur during daylight hours resulting in passive recreational use that would Western Ecosystems, Inc. September, 2006 12 Wildlife Mitigation and Enhancement Plan Vines at Vail be relatively compatible with wildlife values. Dogs would be permitted provided they were leashed, as described in Section 2.3.4, above. Seasonal access to, and use of, BLM lands would be enforced, as described in Section 2.12, below. Penalties for violations would follow the fine structure outlined in the Dog and Pet Control Section (2.3.4), above. Tracts D, E, and F are for designated or de facto open space and recreation. Measures are in place elsewhere in the Plan to protect the habitat values of these parcels, although seasonal closure of those areas is not proposed. While seasonal access closures (i.e., during mule deer winter range) would increase habitat effectiveness when conflicts between mule deer occupancy and passive recreation would otherwise occur, there is unlikely to be much recreational use of Tracts D and E (because of their steepness) and limited use of Tract F (because of its isolation from Vines at Vail development areas). Tract F is relatively far from the development via the existing Holy Cross Electric access road and motorized access would be restricted from what now occurs. Furthermore, even without access restrictions, deer would be expected to use both planning areas under cover of darkness when hutllan conflicts would not occur. 2.3.8 COMPENSATION FOR LOST MULE DEER WINTER RANGE For those areas of native habitat used as mule deer winter range that would be impacted and or isolated by Vines at Vail development, the foraging values of the affected habitat would be replaced by compensatory enhancement, where winter range impacts in one area are offset via habitat enhancement in adjacent areas. This works well in theory and practice, so long as there are adjacent habitats to enhance, however, there is still an inevitable net loss of habitat. In the present context, deer that would be affected by Resort and Village development also use adjacent habitat where habitat enhancement would likely occur. To compensate for the loss of native winter range associated the Vines at Vail project, a one-time voluntary payment would be made to a wildlife trust fund (e.g., Colorado Wildlife Heritage Foundation, possibly into the existing Edwards North Wildlife Trust Fund [ENWTF]), previously established for similar wildlife mitigation/ enhancement projects in the Edwards-Wolcott -Eagle area, north of 1-70. Interest and/or principal generated by this fund shall be spent only in Game Management Units 35 and 36 to benefit animals in the herds actually affected by habitat loss north of 1-70. Enhancement of undisturbed winter range, through fertilization, burning, shrub manipulation, etc., is an effective compensatory approach that can be implemented on-site and on adjacent properties to accommodate animals displaced from portions of Vines at Vail development areas. On-site mitigation generally has the highest efficacy, followed by mitigation or enhancement in adjacent areas, such as the large tract of BLM land contiguous to the north. This approach should help maintain the functional value of the affected winter range and bring the project in compliance with the County Master Plan (Alan Richman Planning Services and Design Studios West 1996). The proposal before the County would result in the permanent loss of 14.27 acres of native habitat designated as mule deer winter range on the Vines at Vail project area, including 14.06 acres on the 38.5 acre Vines at Vail property (36.5%) and 0.21 acres on BLM land (Fig. 1). While interstitial areas between some development pods would be retained as native habitat, the winter range effectiveness of those areas would be reduced or eliminated. As a worst-case scenario, for the above calculations it was assumed that the winter range effectiveness of all small interstitial areas would be eliminated. Tracts D, Western Ecosystems, Inc. 13 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail E, and F would remain undeveloped and the shale bluff has no effective winter range values, despite its Western Ecosystems, Inc. September, 2006 14 Wildlife Mitigation and Enhancement Plan Vines at Vail Figure 1 (on following page). Areas of the Vines at Vail property and adjacent Bureau of Land Management (ELM) lands where mule deer winter range values would be lost and/or their habitat effectiveness appreciably reduced by the proposed development. The eastern portion of the Vines at Vail property that would remain undeveloped is not shown. To maintain the functional value of the affected winter range and bring the project in compliance with the County Master Plan (Alan Richman Planning Services and Design Studios West 1996) a one-time payment of principal totaling $28,079.55 would be made to the Colorado Wildlife Heritage Foundation, Edwards North Wildlife Trust Fund, for the compensatory enhancement of adjacent winter range in perpetuity. Western Ecosystems, Inc. 15 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail designation. Compensation for the loss of winter range (i.e., on private and BLM lands) shall be based upon the following factors: (1) the acreage of lost winter range, (2) the need to treat (via aerial fertilization) 1.57 acres of habitat once every three years in perpetuity to offset each 1.0 acre of habitat affected, and (3) current (2006) fertilization costs (recently inflated to $94.00 j ac. because of the recent surge in world petroleum costs, depending on quantity). To compensate for the loss of 0.21 acres of winter range on BLM land, Vines at Vail would make a one-time payment of principal totaling $413.22 (((0.21 ac. x 1.57 x $94.00jac.)j3)jO.025) to the Colorado Wildlife Heritage Foundation (p.O. Box 211512, Denver, CO 80221; 303-291-7212), Edwards North Wildlife Trust Fund prior to any ground breaking for construction of the water tank and access road. A copy of the payment receipt should be provided to the BLM and County. To compensate for the loss of 14.06 acres of winter range on the Vines at Vail property, Vines at Vail would make a one-time payment of principal totaling $27,666.33 (((14.06 ac. x 1.57 x $94.00jac.)j3)jO.025) to the Colorado Wildlife Heritage Foundation, Edwards North Wildlife Trust Fund within 90 days following County approval of the first building permit. The Edwards North Wildlife Committee, composed of representatives from the CDOW, Bureau of Land Management (BLM) andj or U.S. Forest Service (USFS), and County, was developed to authorize and implement big game winter range enhancement projects in the Edwards-Wolcott-Eagle area to compensate of winter range losses to development in those areas. This committee now considers winter range losses north of I -70 and decides, by consensus, what, when, how, and where habitat enhancement projects would be conducted. The committee would consider the additional, incremental habitat loss resulting from the Vines at Vail Winery and Resort Village project and when habitat enhancement should be implemented north ofI-70. 2.4 BIG GAME MANAGEMENT Big game populations are managed by the CDOW primarily by hunting. Hunting helps keep the size of local herds in balance with available habitat, particularly in the absence of, or with reduced densities of, large predators. Hunting now occurs on BLM lands to the north of the property. The amount of harvest is not as important as preventing the Village property and immediately contiguous BLM lands from becoming a refuge during the hunting seasons, where big game congregate to avoid hunters. When this occurs, herds can build up to where the population is controlled by widespread starvation during a severe winter. After which, the habitat is damaged and unable to support former balanced population numbers until it recovers. The CDOW has indicated that access to the BLM block via the County landfill road is adequate to provide sufficient hunting pressure and that restricting existing public access to BLM lands through the Vines at Vail property would benefit wildlife. Residents and guests of the Vines at Vail should be aware that the BLM lands to the north are open to public hunting and that hunters may be visible from the property. 2.5 WILDLIFE MORTALITY ON LOCAL ROADS Interior roads within the Vines at Vail development would be posted with speed limits slow enough for motorists to avoid all big game mortality. However, the project is accessed I -70, and Highways 6 and Western Ecosystems, Inc. September, 2006 16 Wildlife Mitigation and Enhancement Plan Vines at Vail 131, where vehicles kill dozens of deer and elk each year. Increased traffic generation associated with the Vines at Vail development would incrementally increase road kill probabilities. Obeying posted speed limits on local roads and regional highways would not only reduce wildlife mortality, but would also reduce the risks of damage to personal property and injury to motorists. 2.6 BEARS AND TRASH REMOVAL The Vines at Vail development is not located in particularly good black bear habitat and black bear habitat is not mapped in the area, however, the Wolcott area is used as part of a north-south movement corridor for bears. Bears will either happen upon the development or be attracted to it via food odors. Once bears find a food source they will present problems. Most bears do not cause damage where residential and other developments have encroached into bear habitat. The key is that if a bear doesn't find food it will move on. Black bears are omnivorous and while they mostly eat vegetation, they will eat almost anything. Bears will eat human food, garbage, hummingbird nectar, birdseed, pet food, grease off grills, compost, suntan lotion, etc. Garbage generally provides the greatest attraction for bears to residential developments. Once a bear has found an easily accessible, consistent food source, it will often overcome its wariness of people and visit the site regularly. This increases the chance of a bear-hrunan encounter. After repeated use of the food source, the bear may even act aggressively toward residents, their pets, or their unsuspecting neighbors. When this happens and wildlife authorities are notified, the bear is usually killed to protect hrunan safety. 2.6.1 BEARS AND TRASH REMOVAL AT THE VINEYARDS AND WINERY In addition to the residential component of the Vines at Vail development, the project proposes to establish and maintain vineyards and a winery that could be attractive food sources to bears (and other wildlife). The following measures are recorrunended to reduce potential bear problems associated with the vineyards and winery: A. Unripe grapes are not particularly attractive to wildlife. Bears in Grand Junction vineyards have ignored unripe grapes (E. Andree, CDOW, pers. corrun., Feb. 23, OS). The attractiveness of bears (and raccoons, skunks, and birds) to vineyards at the Vines at Vail would be reduced considerably if all grapes were cut from the vines before they ripened. However, considering the focus of this development, this may be incompatible. Conflicts could be reduced if all grapes were cut from the vines as soon as possible during the harvest season, leaving no grapes to attract nuisance wildlife. B. Electric fences are an effective method to keep bears and other wildlife out of such areas (E. Andree, CDOW, pers. corrun., Feb. 23, OS). Electric fencing (temporary would be preferable to avoid restricting big game movements in winter [and big game destroying the fences]) could be established around the vineyards, although strand spacing and circuit size would have to be detennined iteratively. C. Grapes harvested from the vineyards and/or delivered to the winery for wine production shall be stored in indoor facilities or otherwise secured from bears and other wildlife (e.g., crows, ravens, and magpies) . D. Grape must (i.e., crushed skins and stems) and all winery garbage and effluent (i.e., liquid and solid) Western Ecosystems, Inc. September, 2006 17 Wildlife Mitigation and Enhancement Plan Vines at Vail representing foodstuffs that might attract bears and other wildlife shall be stored in indoor facilities or otherwise secured (i.e., in bear-proof containers) from bears and other wildlife (e.g., crows, ravens, and magpies) prior to its disposal. E. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at the winery unless it is contained within commercial-size, bear-proof containers, which meet North American Bear Society, CDOW, or U.S. National Park Service specifications, or are of a custom design approved by the CDOW. F. There shall be no dumps or underground disposal of refuse. Buried garbage will attract bears. G. In the event that the lodge maintains a small kennel, as described above in Section 2.3.4, above, dogs shall not be fed outside of the kennels and dog food shall be kept inside or in a bear-proof container. Bowls of pet food left outside may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry disease that can be transmitted to pets, which may be fatal to pets and humans. H. Bird feeders attract bears. For this reason, Resort management is discouraged from using bird feeders of any design (e.g., mixed seed, sunflower, thisde [niger], suet, fruit, mealworms, nectar [hummingbird], etc.) from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food, unless the feeders and seed spillage from them are clearly inaccessible to bears. It will surprise Resort management what it takes to keep feeders and seed spillage inaccessible to bears. I. With the exception of bird feeders, as described above, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. J. The planting of fruit/ nut bearing trees or bushes within building envelopes is discouraged because bears will be attracted to these plants in close proximity to the lodge and suites. If flowering trees are desirable, consult with your landscape nursery to select a sterile variety that produces flowers, but no fruit. K. The CDOW will not be liable for wildlife damage to vineyards and other landscaping. L. Resort management shall be responsible for enforcing the measures in this Section (2.6.1). The County and CDOW may also enforce the above measures. Resort management shall be responsible for any and all costs incurred by the County and/or CDOW for enforcing these provisions. M. Construction sites associated with the winery and pavilion shall install and use certified bear-proof trash receptacles (e.g.,JOBOXs) for any refuse associated with food or drink from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to properly handle and dispose of all materials that can attract bears within the above specified time period. At no time will any refuse, that has been associated with food or drink, be allowed to be available to any wildlife species. TIlls regulation shall also apply to any and all work associated with the project as a whole (e.g. road construction, utility installation, etc.). The Applicant and/or Resort management shall be responsible for enforcing the measures contained within this paragraph. The County and CDOW may also enforce the above measures. Western Ecosystems, Inc. 18 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail Contractors not in compliance with these bear and trash disposal measures shall be responsible for any and all costs incurred by the Applicant, Resort management, County, and/or CDOW for enforcing these provisions. Should the Applicant or Resort management knowingly fail to enforce the bear and trash disposal measures contained within this paragraph, the County and/or CDOW may enforce the measures and recover any and all costs incurred. The first violation of this regulation will require a warning to the prime contractor and notification of the penalties for subsequent violations. The prime contractor shall then immediately correct the violation and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that can attract bears. A second violation will cause AIL construction at the site (e.g_, the home under construction) to cease with no further construction activity occurring for a 24-hour period. A third violation will cause all construction activity to cease for five consecutive days. Each subsequent violation shall result in a doubling of the days that construction at that home will be shut down. 2.6.2 BEARS AND TRASH REMOVAL AT THE RESORT VILLAGE LODGE, SUITES, AND RESIDENCES The following measures will be required to reduce potential bear problems at the Resort Village lodge, suites, and residences on the property: A. Property Owners and lodge and suite guests will be educated about bears and other local wildlife via the CDOWs brochure entided "Living with Wildlife in Bear Country" and/or a Property Owners' brochure that might be developed for the property. One copy of either brochure shall be provided to all prospective residents, to all residents at closing, and be contained in the informational package maintained in the rooms of guests in the Resort Village lodge and suites. The bear brochure is also available on the CD OW's website: www.dnr.state.co.us/wildlife/Education/ coexisting..... with_ wild1ife/htm. B. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at any lodge, suite, or residence within the development, unless it is contained within individual or commercial- size, bear-proof containers, which meet North American Bear Society, CDOW, or U.S. National Park Service specifications, or are of a custom design approved by the CD OW. Individual residential containers are non-mobile and are generally cemented on a stand at the junction of a resident's driveway and the local road. Most homeowners need at least two containers where trash collection is weekly. Each home shall have and use a sufficient number of bear-proof containers for the amount of trash normally produced between trash collections. The resort may use a bear-proof community dumpsters for the lodge and suites. Refuse should not be stored within homes, garages, or sheds because bears may break into these structures. Bags of refuse that might attract bears should be taken from the home direcdy to the bear-proof containers. C. The former, acceptable method of trash handling and disposal has been determined by the CDOW to be sufficiendy ineffective to now require the use of bear-proof containers. Formerly, before the day of trash collection, it was acceptable to keep any refuse that might attract bears within the garage in a suitable receptacle with a tight-fitting lid. Temporarily keeping refuse within detached garages or sheds was discouraged because these structures were more likely to be broken into by bears. Trash containers were to be taken to the collection points (e.g., the end of driveways) the morning of collection, not the night Western Ecosystems, Inc. September, 2006 19 Wildlife Mitigation and Enhancement Plan Vines at Vail before. However, following these recommendations did not eliminate bear problems, particularly during years in which mast crops (i.e., acorns and berries) failed. Some complacent homeowners put out trash the night before collection and bears ate the edibles, scattering trash all over. Other homeowners properly kept trash containers within attached garages, but left garage doors open. Bears that ate trash in open garages returned. When some bears returned and found the garage doors closed, they clawed and chewed their way through the garage door to access the trash. Bear-proof containers are now considered the only secure and acceptable approach to garbage disposal. D. There shall be no dumps or underground disposal of refuse on residential lots. Buried garbage will attract bears. E. Residents will be prohibited from using a garden compost pile, unless the compost pile is bear-proof, meeting North American Bear Society, CDOW, or U.S. National Park Service specifications. Residents will also be educated (see Para. A, above, and Section 2.11, below) that household and garden waste (fruit and vegetable) contributions to compost piles compose the materials that can attract bears and create problems. Composted yard waste consisting of leaves, grass, small branches, etc. does not usually attract bears. F. Pets shall not be fed outside. Bowls of pet food left on the back deck may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry disease that can be transmitted to pets, which may be fatal to pets and humans. G. Bird feeders attract bears. For this reason, residents are discouraged from using bird feeders of any design (e.g., mixed seed, sunflower, this de [niger], suet, fruit, mealworms, nectar [hummingbird], etc.) from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food, unless the feeders and seed spillage from them are clearly inaccessible to bears. It will surprise residents what it takes to keep feeders and seed spillage inaccessible to bears. H. With the exception of bird feeders, as described above, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. 1. The planting of fruit/ nut bearing trees or bushes within building envelopes is discouraged because bears will be attracted to these plants in close proximity to homes. If flowering trees are desirable, consult with your landscape nursery to select a sterile variety that produces flowers, but no fruit. J. The CDOW will not be liable for wildlife damage to landscaping. K. The Property Owners Association shall be responsible for enforcing the bear measures in this Section (2.6.2). The County and CDOW may also enforce the above measures. Residents not in compliance with these bear and trash disposal measures shall be responsible for any and all costs incurred by the Property Owners Association, County, and/or CDOW for enforcing these provisions. Residents in violation of these bear provisions shall be fined according to the fine structure outlined in Section 2.3.4, above. L. All residential construction sites shall install and use certified bear-proof trash receptacles (e.g., Western Ecosystems, Inc. 20 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail JOBOXs) for any refuse associated with food or drink from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to properly handle and dispose of all materials that can attract bears within the above specified time period. At no time will any refuse, that has been associated with food or drink, be allowed to be available to any wildlife species. This regulation shall also apply to any and all work associated with the project as a whole (e.g. road construction, utility installation, etc.). The Applicant and/ or Resort management shall be responsible for enforcing the measures contained within this paragraph. The Property Owners Association, County, and CDOW may also enforce the above measures. Contractors not in compliance with these bear and trash disposal measures shall be responsible for any and all costs incurred by the Applicant, Resort management, Property Owners Association, County, and/or CDOW for enforcing these provisions. Should the Applicant, Resort management, or Property Owners Association knowingly fail to enforce the bear and trash disposal measures contained within this paragraph, the County and/ or CDOW may enforce the measures and recover any and all costs incurred. The fitst viohtion of this regulation will requite a warning to the prime contractor and notification of the penalties for subsequent violations. The prime contractor shall then immediately correct the viohtion and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that can attract bears. A second viohtion will cause ALL construction at the site (e.g., the home under construction) to cease with no further construction activity occurring for a 24-hour period. A third viohtion will cause all construction activity to cease for five consecutive days. Each subsequent violation shall result in a doubling of the days that construction at that home will be shut down. 2.6.3 BEARS AND TRASH REMOVAL AT THE COMMERCIAL DEVELOPMENTS The following measures will be requited to reduce potential bear problems at the commercial developments in the southwestern comer of the Vines at Vail property: A. Commercial owners and employees will be educated about bears and other local wildlife via the CDOW's brochure entitled "Living with Wildlife in Bear Country". One copy of the brochure shall be provided to all prospective owners, to all owners at closing, and be part of the lease of the property. The bear brochure is also available on the CDOW's web site: www.dnt.state.co.us/wildlife/Education/ coexisting.... with_ wildlife/htm. B. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at any commercial facility within the development, unless it is contained within individual or commercial-size, bear-proof containers, which meet North American Bear Society, CD OW, or U.S. National Park Service specifications, or are of a custom design approved by the CDOW. C. Pets shall not be fed outside. Bowls of pet food left outside may attract bears and other predators (e.g., coyotes) and nuisance species (e.g., skunks) of wildlife. Some of these wildlife species may carry disease that can be transmitted to pets, which may be fatal to pets and humans. D. Bird feeders attract bears and are prohibited as a lease condition at the commercial facilities. Western Ecosystems, Inc. September, 2006 21 Wildlife Mitigation and Enhancement Plan Vines at Vail E. With the exception of bird feeders, as described above, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. F. The Applicant and/or Resort management shall be responsible for enforcing the measures contained within this Section (2.6.3). The County and CDOW may also enforce the above measures. Commercial owners not in compliance with these bear and trash disposal measures shall be responsible for any and all costs incurred by the Applicant, Resort management, County, and/or CDOW for enforcing these provisions. Should the Applicant or Resort management knowingly fail to enforce these bear and trash disposal measures, the County and/or CDOW may enforce the measures and recover any and all costs incurred. Commercial owners in violation of these bear provisions shall be fined according to the fine structure outlined in Section 2.3.4, above. G. All commercial construction sites shall install and use certified bear-proof trash receptacles for any refuse associated with food or drink from April 1 to November 15, dates inclusive, the period of the year when bears are actively seeking food. Such receptacles shall be in place before any ground disturbance occurs. All construction personnel associated with the project shall be initially briefed about the bear issue and the need to properly handle and dispose of all materials that can attract bears within the above specified time period. At no time will any refuse, that has been associated with food or drink, be allowed to be available to any wildlife species. This regulation shall also apply to any and all work associated with the project as a whole (e.g. road construction, utility installation, etc.). The Applicant and/or Resort management shall be responsible for enforcing the measures contained within this paragraph. The County and CDOW may also enforce the above measures. Contractors not in compliance with these bear and trash disposal measures shall be responsible for any and all costs incurred by the Applicant, Resort management, County, and/or CDOW for enforcing these provisions. Should the Applicant or Resort management knowingly fail to enforce the bear and trash disposal measures contained within this paragraph, the County and/or CDOW may enforce the measures and recover any and all costs incurred. The first violation of this regulation will require a warning to the prime contractor and notification of the penalties for subsequent violations. The prime contractor shall then immediately correct the violation and renotify all project personnel regarding the bear issue and the need to properly handle and dispose of all materials that can attract bears. A second violation will cause AlL construction at the site (e.g., the home under construction) to cease with no further construction activity occurring for a 24-hour period. A third violation will cause all construction activity to cease for five consecutive days. Each subsequent violation shall result in a doubling of the days that construction at that home will be shut down. 2.7 RECLAMATION/ LANDSCAPING Reclamation and landscaping on the Vines at Vail property have two contradictory goals. Reclamation is the process used to restore native wildlife habitats disturbed by construction activity that are outside of building envelopes and development areas in portions of the property that wildlife (i.e., mule deer) would likely continue to use. Such areas would be reseeded or replanted with native plant species to maintain wildlife use and restore winter range values. Roads and driveway shoulders in such areas need not exclude shrubs or other plants palatable to big game to maximize vertical and horizontal sight-distances and reduce the probability of road-killed wildlife because posted speed limits will be slow enough to avoid road-kills. Western Ecosystems, Inc. 22 September, 2006 Wildlife Mitigation and Enhancement Plan Vines at Vail Landscaping is a vegetative restoration process taken within development areas and fenced yards that deer are less likely to continue to use. Unlike reclamation, the primary goal of landscaping is not to provide forage for big game. The winter range values of such development areas would be replaced by aerial fertilization or other methods, as described further in Section 2.3.8. The Vines at V ail landscaping plan has been modified to exclude trees and shrubs highly palatable to big game that would inevitably be damaged by wintering big game. Outside of fenced areas, property owners are strongly encouraged to landscape with native plant species to minimize wildlife damage. The CDOW will not be liable for wildlife damage to landscaping. 2.8 MOUNTAIN LIONS Mountain lions are occasionally present year-round in the vicinity of the Vines at Vail property, but may be more common from fall through spring when large numbers of deer and elk (prey species) are wintering and fawning/ calving at lower elevations. In other areas of Colorado, where developments have encroached upon mountain lion habitat containing high concentrations of prey species, encounters between lions, humans, and their pets and livestock have increased. The following measures will be implemented to minimize lion-human conflicts: A. All residents and prospective residents and lodge and suite guests will receive a copy of the CD OW's brochure entitled "Living with Wildlife in Mountain Lion Country" and/or a Property Owners' brochure that might be developed for the property containing a lengthy section explaining that the property is located in lion country, what residents should be aware of, what to do if a close encounter occurs, and measures they can take to increase their safety and that of their pets. One copy of either brochure shall be provided to all prospective residents, to all residents at closing, and be contained in the informational package maintained in the rooms of guests in the Resort Village lodge and suites. The lion brochure is also available on the CDOW's web site at www.dnr.state.co.us/wildlife/Education/ coexistin~ with_ wildlife/htm. B. With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife is prohibited. C. At no time shall dogs or cats be allowed to run freely on the property. D. Property Owners are encouraged to completely enclose dog runs (including tops and bottoms) to protect dogs from possible mountain lion predation and to prevent some dogs from digging their way out. E. The Resort Village would have a community kennel to accommodate pets of residents and guests. F. Other dog and pet control measures in Section 2.3.4, above, would further reduce potential conflicts with mountain lions. Western Ecosystems, Inc. September, 2006 23 Wildlife Mitigation and Enhancement Plan Vines at Vail 2.9 AQUATIC ISSUES 2.9.1 WATER DEPLETIONS Water for the Vines at Vail development would come from an infiltration gallery in the Eagle River adjacent to the site at Wolcott. Potential Vines at Vail water depletions to far downstream reaches of the Colorado River supporting designated critical habitat for the endangered Colorado pikeminnow (Prychocheilus lucius), bony tail (Gzla elegans), razorback sucker (XYrauchen texanus), and humpback chub (Gzla rypha) would be avoided by compensatory releases from Eagle Park Reservoir (located upstream of the project site near the tops of Tennessee and Fremont Passes) and/or Wolford Reservoir (located downstream, north of Kremmling) to cover the project's junior water rights. Compensatory Eagle Park Reservoir releases would avoid any adverse effects to the endangered big river fish and benefit the upper section of the Eagle River (including reaches above the project site) by providing increased flows year-round. Compensatory releases from Wolford Reservoir would avoid any adverse effects to the endangered big river fish, but would result in incrementally reduced flows to the Eagle River between the infiltration gallery and the confluence with the Colorado River, where releases would be realized. During high water flow seasons, compensatory releases would be made from Wolford Reservoir. During low flow seasons, compensatory releases would be made from Eagle Park Reservoir. During minimum instream flow situations in the Eagle River, compensatory releases would have to come from Eagle Park Reservoir. Both reservoirs were developed wholly or in large part to compensate for water depletions and their waters have gone through Section 7 consultations. As such, the Vines at Vail development would have "no effect" on the four endangered big river fish or their critical habitats. 2.9.2 WATER QUALITY 2.9.2.1 Furunculosis Furunculosis is a bacterial disease of salmonids that is usually characterized by boils or furuncles on the skin and in the musculature of affected fish, although this is not always the case. The causative agent is the bacterium Aeromonas salmonicida, which is systemic in nature as it travels through the bloodstream and affects all parts of the body, especially the vital organs. The rapid multiplication of bacteria in the bloodstream causes smaller blood vessels to rupture allowing the bacteria to spread to surrounding tissue. When allowed to advance to this stage, the disease is always fatal. Furunculosis outbreaks now occur almost annually in reaches of the Eagle River (CDOW 2005), thought to be caused by warm water temperatures during low flow conditions. Warm water treatment plant effluent contributes to, and may exacerbate, these conditions. At present, this potential issue is recognized as a concern. According to project engineers (T. Zancanella, Zancanella and Assoc.), the wastewater treatment system proposed for the Vines at Vail project would not make measurable contributions to the underlying cause of furunculosis outbreaks in the Eagle River. At full buildout, treatment plant effluent released to the Eagle River would be :S 40 gallons per minute (0.0866 cubic feet per second refs]). During minimum (late summer) streamflows, when furunculosis outbreaks are most likely, minimum instream flows are required to be maintained at 2: 110 cfs. As such, effluent contributions would represent :S 0.079% of the river volume and result in an average change in summer water temperature at the point source of 0.0059 of during average Western Ecosystems, Inc. September, 2006 24 Wildlife Mitigation and Enhancement Plan Vines at Vail summer flows and 0.0136 of during low summer flows. While these incremental project effects would contribute to higher summer water temperatures, they would be insignificant and discountable. However, if the project does make incremental contributions to warm water temperatures during low flow conditions and if measures are developed to ameliorate this situation in the Eagle River, Vines at Vail would contribute their pro-rata share to the mitigation effort. 2.9.2.2 Site Runoff During construction sediment control will be maintained on-site through a series of "Best Management Practices" (EMP's) as required by the State of Colorado "Stormwater Management Practices". These BMP's consist of silt fences, stabilized construction entrances, straw bale dikes, straw bale inlet protection, de siltation ponds, and possibly some slope stabilization matting, if required. Once the project is nearing completion all disturbed areas will either be re-established with the natural surrounding vegetation seed mixes or landscaped with the proposed groundcover as depicted on the landscape plan. Water quality for runoff from the parking lots will be treated through a series of re- vegetated swales and detention ponds. The proposed project has an extensive pedestrian path system throughout the project and landscaping features which encourage pedestrians to stay on designated paths. The proposed pathways are planned to be either concrete or asphalt which will prevent erosion from occurring in these areas. Other areas throughout the site are to be regenerated and or landscaped and watered via an irrigation system, which will help create fuller, healthier groundcover to prevent erosion. In addition, the erosion that takes place within the proposed project boundary will be directed to a storm water detention pond where sediment will setde out prior to being released to the Eagle River. Furthermore, the Vines at Vail site is separated from the Eagle River by 300 feet, which includes a set of railroad tracks and it's borrow ditch. All runoff and any short-term erosion would be contained and treated on-site, the additional buffer zone between the site and the eagle River would most catastrophic failures. 2.10 CDOWINDEMNIFICATION The Applicant, Vines at Vail Resort management, and the Property Owners Association, and residents shall indemnify the CDOW from any and all future wildlife damage claims and from any and all actions that might be taken to control free-ranging pets that could pose hazards to wildlife. There will be wildlife damage to vineyards and other landscaping planted on big game winter range. 2.11 EDUCATION Vines at Vail residents will purchase home sites and guests will visit the resort, partly because of the natural setting and the wildlife values in the area. These residents and guests may be unfamiliar with the wildlife of Colorado and its mountains and the responsibility that goes with living in this setting. Homeowners generally don't want to disturb, harass, or impact wildlife, but they often unwittingly do. Property Owners will be educated about local wildlife issues by providing each prospective resident a Western Ecosystems, Inc. September, 2006 25 Wildlife Mitigation and Enhancement Plan Vines at Vail signed copy of this Plan with initial contract documents and providing each resident a signed copy of this agreement and the CDOW bear and mountain lion brochures at the time of closing. Lodge and suite guests will be educated about bears and mountain lions by providing the CDOW bear and mountain lion brochures in the informational package maintained in the rooms of guests in the Resort Village lodge and suites. Commercial owners and employees will be educated about bears via the CDOW's bear brochure, a copy of which shall be provided to all prospective owners, to all owners at closing, and be part of the lease of the property. Brochures are available on the CDOW's website: www.dnr.state.co.us/wildlife/Education/ coexisting.... with_ wildlife/htm. 2.12 ENFORCEMENT The Applicant, Resort management, and/or the Property Owners Association are responsible for enforcing the provisions of this Wildlife Mitigation and Enhancement Plan. Eagle County and the CDOW may also enforce these provisions. It is anticipated that with the proposed education of residents and guests of the Vines at Vail, the vast llliljOrity of measures recommended to avoid and minimize impacts to the wildlife community would be voluntarily implemented, along with some level of self- enforcement. However, to better insure compliance with the provisions of this Plan, Vines at Vail will have someone responsible for enforcing the provisions of this document on-site from the start of construction associated with the project. Thereafter, Vines at Vail will retain code enforcement personnel to enforce covenants and provisions of the Plan. Such personnel would be on-site from the time that the first Temporary Certificate of Occupancy is issued for any building on the Vines at Vail. The code enforcement department will grow as the project grows, and the responsibilities regarding wildlife will grow as the units are sold and occupied. Should the Applicant, Resort management, and/or the Property Owners Association knowingly fail to enforce the provisions of thi~ Plan, the County and/or CDOW may enforce the closure and recover any and all costs incurred. 3.0 ADDITIONAL COMMITMENTS The wildlife provisions, as set forth above in this Plan, shall not be amended without the written consent of the County, Resort Management, and any Property Owners Association. Prior to any amendments to this Plan, the CDOW shall be notified and offered an adequate opportunity to review and comment that the amended Plan still provides the intended wildlife mitigation. The CDOW and/or County can also enforce this entire Wildlife Mitigation and Enhancement Plan. TIlls Plan will be effective in phases upon County approval of a final plat for each development phase of the Vines at Vail project. In the event that the Vines at Vail project is not approved and implemented, Vines at Vail shall not be required to implement the respective component(s) of this Plan. It is the intention of the Applicant that with full proposed development on this property, this Wildlife Mitigation and Enhancement Plan shall run with the land. Sincerely, Kiwa Associates, LLC Western Ecosystems, Inc. September, 2006 26 Wildlife Mitigation and Enhancement Plan Vines at Vail By: Name, Title of Authorized Representative Accepted and agreed to this _ day of ,200_. 4.0 LITERATURE CITED Alan Richman Planning Services and Design Studios West. 1996. Eagle County Master Plan, Eagle County, Colorado. Alan Richman Plan. Servo Aspen, CO. 98+ pp. Colorado Division of Wildlife. 2005. PUD Sketch Plan for Vines at Vail, Wolcott, Colorado, file number PDS- 00043. January 21 letter from Pat Tucker, Area Wildlife Manager to Jenna Skinner-Markowitz, Eagle County Community Development. 2 pp. Thompson, R.W. 2005a. Draft sketch plan wildlife enhancement and mitigation plan for Vines at Vail, Eagle County, Colorado. Western Ecosystems, Inc. Boulder, CO. 17 pp. March. Thompson, R.W. 2005b. Wildlife enhancement and mitigation plan for Vines at Vail, Eagle County, Colorado. Western Ecosystems, Ine. Boulder, CO. 23 pp. November. Thompson, R.W. 2006a. Wildlife enhancement and mitigation plan for Vines at Vail, Eagle County, Colorado. Western Ecosystems, Ine. Boulder, CO. 36 pp. March. Thompson, R.W. 2006b. Wildlife enhancement and mitigation plan for Vines at Vail, Eagle County, Colorado. Western Ecosystems, Inc. Boulder, CO. 36 pp. April. Watershed Environmental Consultants, Ine. 2004. Environmental impact report, proposed Vines of Vail, Eagle County, Colorado. Watershed Environmental Consultants, Inc., Eagle, CO. Watershed Environmental Consultants, Ine. 2005. Environmental impact report, proposed Vines of Vail, Eagle County, Colorado. Watershed Environmental Consultants, Ine., Eagle, CO. June 6. 5.0 BLMRIGHT-OF-WAYGRANT Following is the February 28, 2006 right-of-way grant, serial number COC69171, approved by the Bureau of Land Management for water tank development and operation by the Eagle River Water and Sanitation District. Exhibit B of the grant contains required stipulations that are relevant to the wildlife issues addressed above in the Wildlife Mitigation and Enhancement Plan. Western Ecosystems, Inc. 27 September, 2006 IN REPI. Y REFER TO 2800 (CO-140) COC69171 BUREAU OF LAND MANAGEMENT Glenwood Springs Field Office 50629 Highway 6 and 24 GJenwood Springs, Colorado 81601 ~ ~/ TAKE PRIDE" lNAMERICA United States Department of the Interior FEB 2 J 2006 Linn Schorr Eagle River Water & Sanitation District 846 Forest Road Vail, Colorado 81657 DECISION COC69171 RIGHT-OF-WAY GRANT ISSUED Enclosed is a copy of right-of-way grant serial number COC6917l, which has been approved by the Bureau of Land Management. We have determined that your application requires a Category IV application fee of$953.00, and a Category II monitoring fee of$354.00. We have also determined that Eagle River Water & Sanitation District is exempt from rental payments based on pubic purpose and benefit. We have received payment for all of the above fees (tota] $1,307.00). The issuance of this right-of-way grant, determination of processing and monitoring categories, and rental determination constitutes a final decision by the Bureau of Land Management in this matter. This decision may be appealed to the Interior Board of Land Appeals in accordance with the regulations in Title 43 of the Code of Federal Regulations, Part 4.400 and the enclosed form CSO 1840-3. The form also includes instructions for requesting a stay of the decision appealed. If an appeal is taken, the notice of appeal must be filed in this office at the above address within 30 days from receipt of this decision. The appellant has the burden of showing that the decision IS In eonr. Sincerely, Steve G. Bennett Associate Field Manager Enclosures: R/W Grant Appea]s Form CSO 1840-3 Form 2800-14 (August 1985) COC69171, page 1 of3 Issuing Office Glenwood Springs Field Office UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT, SERIAL NUMBER COC69171 1. A right-of-way is hereby granted pursuant to Title V of the Federal land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 D.S.C. 1761). 2. Nature of Interest: a. By this instrument, the holder: Eagle River Water & Sanitation District 846 Forest Road Vail, Colorado 81657 receives a right to construct, operate, maintain, and terminate a municipal water tank and related access road and pipeline on public lands described as follows: 6th Principal Meridian T. 4 S., R. 83 W. Section 15; Lot 4 And as shown on the attached map in Exhibit A. b. The right-of-way area granted herein is 100' X 150' for the water tank site, and 40' by approximately 1,350' for the access road and pipeline (20' on each side of the water tank access road, or the water line where the water line is not located wit:hin the access road), containing 1.58 acres, more or less. A temporary construction area is also granted in accordance with the plans, maps, and designs set forth in the application, which is generally a width of an additional 20', containing .62 acres, more or less. c. This instrument shall terminate on December 3 L 2034 , unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. COC69171, Page 2 of3 d. This instrument may be renewed. Ifrenewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: The Eagle River Water & Sanitation District is exempt from rental payments under current rental policies. 4. Terms and Conditions: a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800, and all other applicable federal, state, and local laws, regulations, and standards. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The plans, maps, and designs set forth in the Application, the map in Exhibit A, and Special Stipulations and Condition in Exhibit B, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure ofthe holder to comply with applicable law or any provision of this right-of- way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. COC69171, Page 3 of3 IN WITNESS WHEREOF, The lU1dersigned agrees to the terms and conditions of this right-of-way grant or permit. Signature of Holder Signature of Authorized Officer ~-) .~ 6 - ~~?: ..---- ..- </-'-'~.-?"0 ~//----..... ~~ Title Ge"'7-e/-'t / 11C/~'Ic;;(e-~ , - Associate Field Manager ;(~ /- CJb (Date) FEB 2 3 2006 (Effective date of Grant) ;!r> ..~."'. ! ;,~ ';:'!!<:;' s.S, />1 ) ') '."'\ I, '/Y~;;i," ::>,)"ili",:;'{2't [;/( ~"-!]((~;~~<i~(E~;- Exhibit A ~!-';'j';('~ '-, i,"C'\ 'c:~~>'~; :.(/, t w_~~ ~~--"'''-_. eoe - 69171: ~~\ ril\- r, ~J' Road, Pipeline and Water Tank located in r< ~~/I, . 'I<I~, 1"',8, /\<:'~> section 15 T4S R83W 6TH PM t:/ 1\;_/ ~f:3:~::';\:, . Aft )Y~;g~~) ;o~t:;~!)'<, - t'~1\~: '/ i//,i)Jl; !7-::>:;;:~:~'t~>C:".?~,;;:::'i ~.;- 0~: ~"c. ~{. wml11~.~:" (t~) .~~~'."~.,~ '?"'<V~f;:-'i/I',UiJ (if' ., ~ \~ :~. ~~:~:,r diJ'; ~J;~~fj!i;)~.,. (\~'1,\ {)\ f ~?_ ( ~;-, ~~ ~~-<~;-:'::?~\, 1:~31 ;'-:!)~_'~(;1 \, ~,~_.; /il.~]~c:~ "--, ~,,~ ',,, )) }/;;"W ii; ) ", '71" ~~. cz; ~ , ':'I',!!f;, ., ,c;..!) JJ0; / 1 ""2~~< ")'. i)/((?:; ',I I ;)?~~Jlr~;. (1);0\ \ \,~-J ~~~~"\ ji,~'';/ ,.1)'CJ,;) ( '., .', ',. '" ~,! ~!! o,M<{f, J Wi, V Water Tank \'. ,\\ :;1 . ;~~@t ,./~oo~~,~" ." ~;~~~j "~;A ~'J\\;~1 ';\. / <J:?f!fj 1/\ . \\.< ~\ [i~ '. ----:0 ~ '/ ~~~,,.::~JPIPelmeand...Ro~d r"';~(,(?~ ., Ii ~-,' ~ :l~~ h / (~,\ ' \)1" I!m \ ( m;2;;:::~'~~ cl'p ( .';' '~'~~ I' ~~~~~<~~>= 7/( '/:>).\ ,J 'i~y!;j I( i~\~1J3:ij( (( " \\'.<~ ~f ~~,:=-J:\,J;\ a,~:;;l'1,~ -:~F\ ?'" i."( ~~i~~~-'l 1'-+: I ,~~\ .~. \.." Oi) .' ~ '\::':"-, ~'- , ''; ';";--;Z\\, ~:::::,: '~r,j'~'t ~ 13 <~~~;:_ ,_-'-~~..~C ,:".tC:>: '''?~\~S''(:7- ;;]~ -'-'-";5~- >Y,':C,"~!J S c>-_. ,~\~ ~ \/; . / " , ,~~ .'; ) ~~~ i I c;../fAil!5;;;};~<~,~,,\\;:')'~~y~~O\~,_ :~:,'?('~ ,:,;' [~\\j ;?='::;i~< :-<J)i~ ;:~~-::::::::;.?;:-~t;\$~35;;::--::\ '" . ~'l<) ~," \\ ; f)--, / j ((,>~ ..... '" \,\ r~~ . <\i; ii, ;('I.'iK .,. ~~I:~ ~ ~~m ~:~~\~ ;~><::::;~?:~~,:,-'= :;.c \ :M:' '>(5~98 !/~ . <: 'i"C',~~ \".,\~ '-7-:>;' i;~' . . . :~ i, 0-. \\ v<~ .\'\~ (\-G.-'~\ '.' <.:. '\ t j..~i!l)\,\ j[\\~. 9~ .">; j,\~\ <c;?~~ ~~ ).; , . \' .:-, iJi';~(~ '/ /~\ '. '/./'::L ~I! ' ..... I.' I ) . i 1\ \. ~c '/0 . '_''---, >'it- ir ;; ',? 23 Legend' " ,_~~),,'t\ \ \.,. : "', - " .- :::.~::::,: ;~o \1 , - ::~:e/Road COC-6I' ~,.\.; .~(j D Private " -. . ,;( \ .......; \ i ,'\ ,~~ :-"~ r l \ /.. '~. /' No warranty. is made by the Bureau of Land Management ",,_ as to the accuracy, reliability, or completeness of these data. Original data were compiled from various '--'.~ .' sources.Thls information may not meet National Map 1-':.: \. . >eo~ '" " . c. Accuracy Standards. This project was developed through ~\_, . .:J--.-., .: r,-":' digital me~ns a~d may be updated without ~otice. \ 0,25 0.5 'Miles Map produced by Bureau of Land Management Grand Junction. Colorado t:\gisuser\csauvage\ogline _ 69171.mxd 9/9/2005 EXHIBIT B , SPECIAL STIPULATIONS, COC69171 Municipal Water Tank, Access Road, and Pipeline 1. The holder shall request a preconstruction conference with the authorized officer at least seven days prior to the commencement of construction under this grant. The contact person is Carlos Sauvage at the Glenwood Springs Field Office, phone (970) 947-2842. One purpose of this conference is to detennine if any special conditions will be required to limit environmental damage or insure surface stability and road drainage. 2. All activities shall be confined to the 40' wide COC69171 right-of-way corridor, and within a temporary overall 60' construction width. 3. The holder shall promptly remove and dispose in an authorized sanitary landfill, all waste generated by its activities. Waste includes, but is not limited to, human waste, trash, garbage, petroleum products, ashes and equipment. No burning of trash, brush, or any other material shall be allowed. 4. It is the holders responsibility to coordinate with all other rights-of-way holders and adjacent landowners to make sure any conflicts are resolved both with road and site improvement and future use and maintenance. 5. The Glenwood Springs Field Manager will be notified at least 30 days prior to relinquishment or expiration of the ROW grant. The holder shall contact the authorized officer to arrange a joint inspection of the ROW. This inspection shall be held to determine if the ROW is in acceptable condition. If it is not, then the holder shall be responsible for returning the ROW to a condition acceptable to the authorized officer. This must be accomplished before relinquishment or expiration of the ROW. 6. The cut and fill slopes on the water tank pad shall be contoured with a slope not to exceed one to one. The water pipelines shall be buried with at least four feet of compacted fill. 7. This grant shall not be assignable without written pernlission of the authorized officer. This Grant may be renewed. If renewed, the Grant shall be subject to the regulation existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. 8. Cultural Resources, Education/Discovery Stipulation: All persons in the area who are associated with this project must be informed that if anyone is found disturbing historic, archaeological, or scientific resources, including collecting aliifacts, the person or persons will be subject to prosecution. Pursuant to 43 CFR 10.4(g), the BLM authorized officer must be notified, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 1 0.4 (c) and (d), activities must stop in the vicinity ofthe discovery and the discovery must be protected for 30 days or until notified to proceed by the authorized officer. If in connection with operations under this contract the project proponent, his contractors, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural or paleontological value or scientific interest such as historic or prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent shall immediately suspend all operations in the vicinity of the cultural or paleontological resource and shall notifY the BLM authorized officer of the findings (16 U.S.c. 470h-3, 36 CFR 800.112). Operations may resume at the discovery site upon receipt of written instructions and authorization by the authorized officer. Approval to proceed will be based upon evaluation of the resource. Evaluation shall be by a qualified professional selected by the authorized officer from a federal agency insofar as practicable. When not practicable, the holder shall bear the cost of the services of a non-federal professional. Within five working days the authorized officer will inform the holder as to: - whether the materials appear eligible for the National Register of Historic Places; - the mitigation measures the holder will likely have to undertake before the site can be used (assuming in situ preservation is not necessary); and, - a time frame for the authorized officer to complete an expedited review under 36 CFR 800.11, or any agreements in lieu thereof, to confirm through the State Historic Preservation Officer that the findings of the authorized officer are correct and the mitigation is appropriate. The proponent may relocate activities to avoid the expense of mitigation and/or the delays associated with this process, as long as the new area has been appropliately cleared of resources and the exposed materials are recorded and stabilized. Otherwise, the proponent will be responsible for mitigation costs. The authorized officer will provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the authorized officer that the required mitigation has been completed, the proponent will then be allowed to resume construction. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest that are outside of the authorization boundaries but directly associated with the impacted resource will also be included in this evaluation and/or mitigation. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest, identified or unidentified, that are outside of the authorization and not associated with the resource within the authorization will also be protected. Impacts that occur to such resources, that are related to the authorizations activities, will be mitigated at the proponent's cost. Pursuant to 43 CFR 10.4 (g) the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 1 0.4( c) and (d), the holder must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. 9. The holder shall insure that all construction and maintenance equipment is washed prior to use to insure removal of weed seeds and their potential transfer to the ROW area. The holder shall monitor the ROW for the presence of weeds which are included on the Eagle County noxious weed list. After consulting with the authorized officer, the holder shall control weed infestations which have resulted from the holder's construction, operation, maintenance or use of the ROW. If chemical control is necessary, use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, the weed (s) to be controlled, method of application, location of storage and disposal of containers, and any other infonnation deemed necessary by the authorized officer. Emergency use of herbicides shall be approved in writing by the authorized officer prior to such use. 10. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.c. 2601 et gg.) with regard to any toxic substances that are used, generated by or stored on the ROW or on facilities authorized under tins ROW grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section l02b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concun-ent with the filing of the reports to the involved Federal agency or State government. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release of spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 11. All areas of surface disturbance off the road use area shall be recontoured to blend with the adjacent natural terrain and shall be seeded with the following mixture. See application rate below: Species of Seed Western wheatgrass Bluebunch wheatgrass Indian ricegrass TOTAL Variety Arriba P-7 Paloma Application Rate (lbs/acre) 5.0 4.0 4.0 13.0 PLS Ibs/ac The above rate of application is listed in pounds ofpure live seed (PLS)/acre. The seed will be certified and there will be no primary or secondary noxious weeds in the seed mixture. The operator shall notify the Authorized Officer 24 hours prior to seeding and shall provide seed tags and evidence of certification of the seed mix to the Authorized Officer within 30 days of completion of the seed application. Prior to reseeding, all disturbed surfaces will be scarified and left with a rough surface. No depressions will be left that would trap water and form ponds. Prepare the seedbed by contour cultivating 4-6 inches deep. Drill seed ~ to Yz inch deep following the contour. In areas that cannot be drilled, broadcast seed at 1 ~ times the application rate and cover ~ to ~ inch deep with a harrow or drag bar. All seeding will be conducted between September 15 and November 15. If the seeding is unsuccessful, operator will be required to make subsequent seedings until the reclamation objectives identified in Appendix 1. Surface Reclamation of the 6/98 GSFO's Draft Supplemental EIS for Oil & Gas Leasing Development are met. Prior to completion of surface reclamation, the authorized officer may modify the seed mix and application process if it is determined that significant reclamation improvement can be made with such modifications. 12. No road, pipeline, or water tank construction is authorized from November 15 to April 30 in order to minimize impacts to wintering and migrating big game animals. In addition, no road construction is authorized on that portion of the proposed road located within ~ mile of any raptor nest site from February I to August 15. If, however, a nest site is unoccupied by May 15, the seasonal limitation may be suspended. It may also be suspended once the young have fledged and dispersed from the nest as determined and documented by a qualified biologist. The BLM contact is Tom Fresques, wildlife biologist, (970) 947-2814. 13. All design, material, and construction, operation, maintenance and termination practices shall be in accordance with safe and proven engineering practices. Road construction would be required to meet, at minimum, BLM Goldbook standards (availablc on request or online. The road width shall be maintained at approximately 12'. Drainage dips along the road are required to effectively remove water from the road as well as two culverts (see attached design). The size of the culverts must be large enough to pass a 10- year flood without development of static head at the entrance. The holder shall balance the cumulative roadway grade and culvert size to avoid serious head and velocity damage for a 25- year flood (BLM Manual Section 9113, H-a. Drainage Elements). Culverts shall be inspected annually to ensure they are functioning properly and promptly maintained (e.g. remove any debris causing blockage) or replaced when necessary. The road shall be crowned and ditched to enhance the effectiveness of drainage dips as per 2005 Gold Book Standards (4th edition). Road surfacing in the form of gravel may be required by the authorized officer should rutting become a problem along the access road. 14. Eagle River Water and Sanitation District shall consult with thc Anny Corps of Engineers (for 404 permits) and from the State of Colorado Water Quality Control Division (for stormwater permits) prior to commencing construction activities related with said permits within the proposed action area. Written documentation to the Authorized Officer is required to indicate that appropriate permits have been obtained or are not required by the permitting agencies. 15. General public access through the Vines at Vail property to the BLM parcel, including the water tank! Holy Cross Electric access road would be prohibited (excluding residents and their guests). In addition, no motorized use of the water tank access road is authorized cxcept for maintenance and administrative purposes, and the road shall be gated at the BLM boundary or other location as agreed with the BLM authorized officer. Administrative access shall be provided to BLM, and BLM shall be authorized to have a BLM lock on the gate. 16. To mitigate for the loss of important big game winter range, the total acreage of BLM habitat loss associated with the project shall be added to the acreage total for the entire Vines at Vail development and incorporated into the one time voluntary contribution to be made to the existing Bellyache Ridge Wildlife Trust Fund. 17. In order to meet BLM Visual Resource Management (VRM) Class II objectives and to protect the 1-70 viewshed the following mitigation shall apply: All road surfacing material (gravel) used must blend in with the existing soils so as not to dominate the landscape or attract attention of the casual observer from 1-70. To mitigate the long term presence of additional linear features the old existing road bed where not used will be reclaimed and re-contoured to replicate the surrounding terrain. Intermittent and ilTegular pockets/depressions should be created to repeat natural appearing vegetation clusters and to enhance re-vegetation reclamation efforts. Existing vegetation should be preserved where possible to cnhance screening and reduce contrast created from road cuts and fills. Vegetation, rocks, and natural debris should be retained and distributed along fill slopes to blend the disturbance and to create micro-climates for vegetation re-establishment. The water tank and all associated above ground facilities will be painted a flat non- specular natural color; Beetle I 9-0312tpx, to blend in with the surrounding natural landscape (color example available on request, via VRM specialist Kay Hopkins, (970) 947-2812). If cut slope is done at a 2: 1, all surface disturbance and reclamation actions should avoid creating straight lines and should repeat the natural adjacent landscape. Comers should be rounded and irregular in shape. In order to reduce color contrasts resulting from the removal of top soil, adaptive management mitigation may be needed and would be addressed on-site with authorized BLM representative (VRM specialist and a designated representative for the proponent).