HomeMy WebLinkAboutR03-047 Approval of ZC-00059 and PDSP-00016 Adam's Rib Frost Creek & Salt Creek PUD~~~ J t`3~~.~
Commissioner - moved adoption
of the fo owing Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003- O y~
APPROVAL OF THE ZONE CHANGE AND
COMBINED SKETCH AND PRELIN)IrTARY PLAN
FOR THE ADAM'S RIB FROST CREEK & SALT CREEK
PLANNED UNIT DEVELOPMENT
F1LE NO. ZC-00059 AND PDSP-00016
WHEREAS, on or about August 7, 2002, the County of Eagle, State of Colorado, accepted
for filing an application submitted by Kummer Development Corporation, a Delaware Corporation
(hereinafter "Applicant") tore-zone the herein described property in Eagle County from the Resource
[R] Zone District to the Planned Unit Development [PUD] Zone District, File No. ZC-00059, and for
approval of the Combined Sketch Plan and Preliminary Plan for the Adam's Rib Frost Creek & Salt
Creek Planned Unit Development, Eagle County File No. PDSP-00016; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD)
Combined Sketch and Preliminary Plan which would allow the development as follows:
The SketchlPreliminaryPlan proposal consists of a private, gated, 18-hole, residential golf course
community (inclusive of ancillary golf clubhouse and maintenance facilities) with 60 single-
familylots and up to 30 accessory dwelling units (ADU) on the 1106.97 +/- acre Frost Creek
property and 21 additional single-family residential lots on the 520.348 +/- acre Salt Creek
property.
Frost Creek Parcel:
Minimum residential lot size for the Frost Creek parcel is four (4) acres per residence. An
approximate one-acre building envelope is established within each lot. The maximum
habitable square footage for the primary residences is capped at 12,500 square feet per lot.
Accessory Dwelling Units are capped at a maximum 1,000 (additional) square feet. The 30
ADU's maybe located on any of the 60 residential lots within the Frost Creek portion of the
project on a first come, first serve basis.
Page 1 of 10
IIAVYIYYINIAVIIYI~IhYINI~~llll 8 n"v r
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Commissioner moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003-~7
APPROVAL OF THE ZONE CHANGE AND
COMBINED SKETCH AND PRELIMINARY PLAN
FOR THE ADAM'S RIB FROST CREEK & SALT CREEK
PLANNED UNIT AEVELOPMENT
FILE NO. ZC-00059 AND PDSP-00016
WHEREAS, on or about August 7, 2002, the County of Eagle, State of Colorado, accepted
for filing an application submitted by Kummer Development Corporation, a Delaware Corporation
(hereinafter "Applicant") to re-zone the herein described property in Eagle County from the Resource
[R] Zone District to the Planned Unit Development [PUD] Zone District, File No. ZC-00059, and for
approval of the Combined Sketch Plan and Preliminary Plan for the Adam's Rib Frost Creek & Salt
Creek Planned Unit Development, Eagle County File No. PDSP-00016; and,
WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD)
Combined Sketch and Preliminary Plan which would allow the development as follows:
The Sketch/PreliminaryPian proposal consists of a private, gated, 18-hole, residential golf course
community (inclusive of ancillary golf clubhouse and maintenance facilities) with 60 single-
family lots and up to 30 accessory dwelling units (ADU) on the 1106.97 +/- acre Frost Creek
property and 21 additional single-family residential lots on the 520.348 +/- acre Salt Creek
property.
Frost Creek Parcel:
Minimum residential lot size for the Frost. Creek parcel is four (4) acres per residence. An
approximate one-acre building envelope is established within each lot. The maximum
habitable square footage for the primary residences is capped at 12,500 square feet per lot.
Accessory Dwelling Units are capped at a maximum 1,000 (additional) square feet. The 30
ADU's maybe located on any of the 60 residential lots within the Frost Creek portion of the
project on a first come, first serve basis.
Page 1 of 10
The clubhouse component of the Frost Creek parcel is limited to 30,000 squaze feet on a
' 10.245 acre site and is intended to provide typical golf course amenities: restaurants, bars,
clubhouse, retail golf pro shop, health and athletic facilities and swimming pools. The golf
course maintenance facility pazcel will consist of approximately 3.933 acres between Brush
Creek and Brush Creek Road. Not including the ADU's, the gross residential density of the
Frost Creek pazcel is one (1) DU per 18.45 acres, or 0.05 DU per acre.
A critical wildlife habitat protection zone for deer and elk winter range has been defined on
the Frost Creek site. A Wildlife Mitigation and Enhancement Plan has been developed for
both the Frost Creek and Salt Creek properties. Also, a monetary Wildlife Mitigation Trust
Fund will help offset any impacts to wildlife.
Salt Creek Parcel:
Minimum residential lot size for the Salt Creek parcel will be four (4) acres per residence. An
approximate one-acre building envelope is established within each lot. The maximum
habitable square footage for the residences is capped at 10,000 squaze feet per lot.
The gross residential density of the Salt Creek pazcel is one (1) DU per 24.78 acres, or 0.04
DU per acre.
Gross residential density, not including the ADU's, for the total land azea within the Frost
Creek and Salt Creek PUD boundaries equates to one (1) DU per 20.09 acres, or 0.049 DU per
acre.
Conservation Easements have been defined to protect wetland and riparian azeas throughout
the Salt Creek Pazcel. The Conservation Easements aze intended to preserve the riparian
nesting/production azea for small mammals, birds and deer. A Wildlife Mitigation and
Enhancement Plan has been developed for both the Frost Creek and Salt Creek properties.
Also, a monetary Wildlife Mitigation Trust Fund will help offset any impacts to wildlife.
The PUD boundaries encompass 1174.3 acres of land for recreational purposes and open
space. This equates to 72 percent of the entire land azea of the subject property and maybe
further broken down as follows: 540.4 acres (33%) of common recreation and open space;
410.4 acres (25%) of hillside and open space, and; 223.5 acres (14%) of golf course.
Potable water to serve the entirety of the PUD will be provided by the Town of Eagle. Raw
water irrigation will be used for the golf course, common landscaped areas, landscaping on
individual lots and the clubhouse grounds. The Town's Water Treatment Facility is located
south of and adjacent to the Frost Creek pazcel. Sewage treatment will be via individual
sewage disposal systems.
The Salt Creek portion of the PUD will be accessed via two separate points ofingress/egress. Salt
Creek Road will serve three of the 21 Salt Creek lots. The remaining 181ots will be accessed off
of the Old Salt Creek Road. The county owns both Old Salt Creek Road and Salt Creek Road but
only Salt Creek Road is county maintained; the Applicant will maintain Old Salt Creek Road.
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The applicant will also install a bicycle path, which will begin at the project's northernmost
boundary and meander through the Salt Creek portion of the development heading south to a point
where it will cross Brush Creek Road and continue southward along Brush Creek Road to the
southern most boundary of the Frost Creek portion of the development. Streets within the
development will be privately owned and maintained.
WHEREAS, pursuant to Section 5-210.I, Consolidation, of the Eagle County Land Use
Regulations, Sketch and Preliminary Plans maybe combined and,
WHEREAS, at its public. hearings held on: October 16, 2002; November 20, 2002;
December 18, 2002 and January 8, 2003 the Eagle County Planning Commission, based on its
findings, recommended denial of the proposed Zone Change from Resource to PUD, and based upon
its findings, recommended denial of the proposed Combined Sketch and Preliminary Plan of the
Adam's Rib Frost Creek & Salt Creek Planned Unit Development; and,
WHEREAS, public hearings were held by the Board of County Commissioners (hereinafter
the "Board") of the County of Eagle, State of Colorado, on February 18, 2003; March 18, 2003; and,
March 25, 2003.
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 of the
County of Eagle, State of Colorado, finds as follows:
That proper publication and public notice were provided as required by law for hearings
before the Planning Commission and the Board; and,
Pursuant to Eagle County Land Use Regulations, Section 5-240.F.3.e. Standards for the review
of a Sketch Plan and Preliminary Plan for a PUD:
Unified ownership or control [Section 5-240.F.3.e (1)]
The title to all land that is part of this PUD IS owned or controlled by one (1) entity.
Uses [Section 5-240.F.3.e (2)]
The uses that maybe developed in the PUD ARE NOT generally those uses that are designated
as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300,
"Residential, Agricultural and Resource Zone Districts Use Schedule" for the zone district
designation in effect for the property at the time of the application for PUD. However, variations
of these use designations ARE authorized pursuant to Section 5-240 F.3.f., Variations
Authorized.
Dimensional Limitations. [Section 5-240.F.3.e (3)]
All of the dimensional limitations defined with this PUD ARE NOT consistent with those
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specified in Table 3-340, "Schedule of Dimensional Limitations", for the Resource zone district
designation. Variations ARE, however, authorized pursuant to Section 5-240F.3.f., Variations
Authorized.
Off-Street Parking and Loading. [Section 5-240.F.3.e (4)]
It HAS been demonstrated that off-street pazking and loading provided in the PUD complies with
the standazds of Article 4, Division 1, Off-Street Pazking and Loading Standazds.
Landscaping. [Section 5-240.F.3.e (5)]
Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2,
Landsca~g and Illumination Standazds.
Signs. [Section 5-240.F.3.e (6)]
The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Simon
ReQUlations or have been modified in the PUD to meet the intent of providing appropriate
signage for the PUD.
Adequate Facilities [Section 5-240.F.3.e (7)]
The Applicant HAS cleazly demonstrated that the development as depicted in the Preliminary
Plan for PUD will be provided adequate facilities for electrical supply, solid waste disposal, fire
protection, schools, and police and emergency provisions; as conditioned, adequate roads will be
provided as well.
Improvements. [Section 5-240.F.3.e (8)]
It HAS been clearly demonstrated that the improvements standards applicable to the
development will be as specified in Article 4, Division 6, Improvements Standazds regazding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)]
The development azea of this PUD IS compatible with the character of surrounding land uses.
Consistency with Master Plan. [Section 5-240.F.3.e (10)]
As conditioned, this PUD IS consistent with the Master Plan, including, but not limited to, the
Future Land Use Map (PLUM).
Phasing. Section 5-240.F.3.e (11)
A phasing plan IS NOT NECESSARY for this development.
Common Recreation and Open Spaces [Section 5-240.F.3.e (12)]
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The PUD HAS demonstrated that this PUD will comply with the common recreation and open
space standazds with respect to:
(a) Minimum azea;
(b) Improvements required;
(c) Continuing use and maintenance;
(d) Organization.
Natural Resource Protection. [Section 5-240.F.3.e (13)]
The PUD does incorporate many elements designed to protect natural resources, the proposal
required slight modification pursuant to the recommendations of referral agencies as specified in
Article 4, Division 4, Natural Resource Protection Standards. All referral responses and studies
submitted HAVE been fully considered.
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for
the review of a Sketch and Preliminary Plan for Subdivision:
Consistency with Master Plan. The PUD is consistent with the Eagle County Master Plan and the
Future Land Use Map (PLUM) of the Master Plan.
Consistent with Land Use Regulations. The proposed subdivision does comply with all of the
standards of this Section and all other provisions of these Land Use Regulations, including, but not
limited to, the applicable standazds of Article 3, Zone Districts, and Article 4, Site Development
Standazds.
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.
Suitability for Development The property proposed to be subdivided is suitable for development,
considering its topography, environmental resources and natural or man-made hazazds that may
affect the potential development of the property, and existing and probable future public
improvements to the area.
Compatibility with Surrounding Uses. The proposed subdivision is compatible with the chazacter
of existing land uses in the azea, and shall not adversely affect the future development of the
surrounding area.
Pursuant to Eagle County Land Use Regulations, Section 5-230.D., Standards for determining
whether to adopt, adopt with modifications, or disapprove the proposed amendment to the
Official Zone District Map:
Page 5 of 10
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Consistency With Master Plan. This PUD is consistent with the purposes, goals, policies and
FI;UM of the Master Plan.
Compatible with Surrounding Uses. This PUD is compatible with existing and allowed uses
surrounding the subject land, and it is an appropriate zone district for the land, considering its
consistency with the purpose and standards of said zone district.
Changed Conditions. There are changed conditions that require an amendment to modify the
present zone district or its density/intensity.
Effect on Natural Environment. This PUD will not result in significantly adverse impacts on the
natural environment, including but not limited to water, air, noise, stormwater management, wildlife
habitat, vegetation, and wetlands.
Community Need. This PUD will meet a community need.
DevelopmentPatterns. This PUD will result in a logical and orderly development pattern, does not
constitute spot zoning, and can logically be provided with necessary public facilities and services.
Public Interest. The area to which this PUD will apply has changed or is changing to such a degree
that it is in the public interest to encourage a new use or density in the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado, in a vote of two to one:
THAT, the petition of Adam's Rib for a Zone Change to change from the Resource [R] Zone
District to the Planned Unit Development [PUD] Zone District, File No. ZC-00059, be and is hereby
approved for the following described property located in the unincorporated area of Eagle County:
See Exhibit `A'
attached hereto and thereby incorporated herein by reference
THAT, the application for approval of the Combined Sketch and Preliminary Plan for the
Adam's Rib Frost Creek & Salt Creek Planned Unit Development be and is hereby approved,
subject to compliance with the following conditions: This Resolution shall serve as an agreement
binding the Adam's Rib Frost Creek and Salt Creek Planned Unit Development to these conditions:
A. All material representations made by the applicant in submitted materials and in public
meetings shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
B. Pursuant to the Engineering Department Memorandum dated February 6, 2003, the
applicant should agree to the following:
Page 6 of 10
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1) At application for Final Plat, the applicant must provide a specific plan of
improvements to Brush Creek Road in order to maintain a level of service C that
is acceptable to the County;
2) Prior to Final Plat approval, the applicant should agree to participate in the
funding of a traffic signal at the intersection of Brush Creek Road /Bull Pasture
Road and Capitol Street;
3) At application for Final Plat, engineering for a left turn lane into the Salt Creek
portion of the PUD must be provided;
4) Prior to Final Plat approval, the applicant should agree to a specific plan to
mitigate and or repair any damage to that portion of Brush Creek Road, agreeable
to County Staff that would be caused by increased heavy truck traffic in relation to
the development of the infrastructure with this development, as to be different
from increased heavy truck traffic that would be seen by building of homes.
C. Prior to recording the Final Plat, fees-in-lieu of land dedication will be paid by the
applicant. Pursuant to the Eagle County Land Use Regulations, the fees will be
calculated based upon a land dedication requirement of 1.676 acres.
D. The Final Plat shall incorporate a plat note requiring that: "A qualified wetland scientist
or ecologist must be present only for infrastructure improvements OR, that the wetland
areas be accurately demarcated in the field by a qualified wetland scientist or ecologist
prior to constructing infrastructure improvements to assist in preventing potential
violations of the Clean Water Act". In addition, all building envelopes will be redesigned
where necessary to comply with a 50-foot setback from wetland or riparian areas.
E. The Wildlife Mitigation and Enhancement Plan must be incorporated, by way of exhibit;
into the PUD Guide prior to recording;
F. The following checklist of items must be adequately addressed during the Final Plat
process:
1) The applicant shall comply with any Housing Regulations adopted by Eagle
County prior to approval of the Final Plat. In the event that Housing Regulations
are not adopted prior to the approval of the Frost Creek and Salt Creek PUD Final
Plat, then the application should comply with an alternative affordable housing
plan prior to Final Plat approval;
2) At application for the Final Plat, additional geotechnical studies should be
provided along the roads, in the golf course and at the lake and sediment pond
locations where cuts and fills will be deeper than 15 feet;
3) At application for the Final Plat, the geotechnical engineer should provide a report
further evaluating the settlement and collapse potential to adjacent roads and
homes as a result of moisture increases from sediment and detention ponds.
Page 7 of 10
Specifically, such ponds are located near Frost Creek Lots 7, 13,18, 47, 49, 50, 55,
58, 59 and Salt Creek Lots 6 and 7;
4) At application for Final Plat, the appropriate design water and sediment volumes
for all of the sediment ponds will be incorporated in the pond designs;
5) At application for Final Plat, the additional detailed rockfall, slope stability and
sediment yield studies and the development of appropriate mitigation design for
Salt Creek Lots 6, 7 and 8, as well as, the sediment basin and water tank will be
provided;
6) At application for Final Plat, the applicant should provide criteria of when each
sediment and debris flow basin must be cleaned and maintained;
7) At application for Final Plat, the applicant's hydrologist will prepare debris flow
mitigation plans and mitigation structure maintenance procedures for Salt Creek
Lots 2, 3, 4, 5, 6, 8, 9, 10, the water tank and Frost Creek Lots 3, 4, and 5. Debris
flow mitigation will not be the responsibility of the individual lot and facility
L
owners;
8) At application for Final Plat, additional drainage analysis and design needs to be
done to ensure that flows from culverts do not impact building envelopes;
9) At application for Final Plat, interceptor ditch details should include calculations
on volumes, flow velocities, shear stress and sediment yields to each ditch and lot;
10) The Final Plat shall incorporate a plat note requiring that: "Prior to Building
Permit Issuance, lot specific geologic analyses should include an evaluation for
sinkholes. This requirement applies to all lots except for Frost Creek Lots 23, 26
thru 33 and 42";
11) The Final Plat shall incorporate a plat note requiring that: "Prior to Building
Permit Issuance, a soils and foundation investigation be submitted with each
building permit, which includes a test boring indicating the depth to ground water.
Ground water levels should be taken when the ground water table is normally at
its highest level. Lot specific hydrologic analysis should include potential
mitigation for any ground water impacts on foundations and/or basements."
12) The Final Plat shall incorporate a plat note requiring that: "Prior to Building
Permit Issuance, detailed grading plans for each lot and other project facilities
shall be evaluated for slope stability by a geotechnical engineer";
13) Prior to Final Plat approval a schedule for the wildlife impact mitigation fee
should be developed;
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14) Conservation Easements for Wetland and Riparian azeas shall be defined and
depicted on the Final Plat as found acceptable by the County;
15) At application for Final Plat, Best Management Practices must be incorporated
into a Management Plan for the Golf Course Maintenance and Operations.
16) At Final Plat application, the trail crossing of Brush Creek road needs to be
presented with more detail to ensure the safest location and design possible. Both
the Bicycle/Pedestrian Trail and the Trail Gulch trailhead will be collateralized and
will be constructed at the same time as all infrastructure associated with this
proposal -this is a single phase project. The Bicycle/Pedestrian Trail will be
constructed to the standazds set forth in the Land Use Regulations.
17) The Final Plat must cleazly identify the location of the historic cabin, which is to be
preserved. Responsibilities for the on-going preservation and maintenance of the -
historic cabin must also be adequately addressed.
G: The Water Quality Management Plan shall include Best Management Practices designed
for individual lot development directed at curtailing water quality impacts commonly seen
from residential lots. Such Best Management Practices shall address lawn maintenance,
including the use of fertilizers and pesticides, as well as, control of pet wastes.
H. Adam's Rib will make its courses available for three charity tournaments during the
golfing season. There will be no chazge to the individual charities for the use of the
course, golf carts or golf course staff; however, Adam's Rib reserves the right to select the
charity groups, tournament format and tournament dates and times. Said policy shall be
implemented on the opening day of each season
THAT the Board of County Commissioners directs the Director of Community
Development to enter this amendment on the appropriate page of the Official Zone District Map
and to provide a copy of this Resolution to the applicant.
THAT, the Adam's Rib Frost Creek & Salt Creek PUD Guide dated Apri17, 2003,
attached hereto as Exhibit `B' is approved.
THAT, the Adam's Rib Frost Creek & Salt Creek PUD Wildlife Mitigation and
Enhancement Plan, dated February 18, 2003 attached hereto as Exhibit `C' is approved.
THAT the Boazd hereby finds, determines and declazes that this Resolution is necessary
for the health, safety and welfaze of the inhabitants of the County of Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Co. ~'ssioners of the
County of Eagle, State of Colorado, at its regular meeting held the~,~r~cf
2003, nunc pYO tunc to the 25th day of March, 2003.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIONERS
* \'b~- / ~
ATTEST: `~to~
B•
Teak J. Simonton
Clerk to the Board of
County Commissioners
By:
By:
By:
Commissioner seconded adoption of the foregoing Resolution. The roll
having been ca ed, the vote was as follows:
Commissioner Michael L. Gallagher
Commissioner Tom C. Stone
Commissioner Arn M. Menconi
This Resolution passed byZ / ~ ' of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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EXHIBIT 'A'
• Parcel l:
Salt Creek Parcel which includes Salt Creek Parcel A and Salt Creek Pazcel B
Salt Creek Parcel A
A parcel of land located in Tracts 74, 75 and 76, Section 13 and 24, Township 5 south,
Range 84 West of the Sixth Principal Meridian, County of Eagle, State of Colorado
according to the Independent Resurvey approved by the Surveyor General in Denver,
Colorado on June 20, 1922. Said parcel of land is more particularly described as follows:
Beginning at angle point 4 of Tract 75, a 2 1/2" GLO Brass Cap Monument found in
place; thence S87°10'34"E. 2924.02 feet to angle point 3 of Tract 75, a GLO Brass Cap
Monument found in place; thence N.00°12'43"W. 1343.89' to angle point 2 of Tract 75, a
GLO Brass Cap Monument found in place; thence S87°33'56"E. 1450.93 feet to angle
point 1 of Tract 75, a GLO Brass Cap Monument found in place; thence S.00°25'44"E.
2684.36 feet to angle point 6 of Tract 75, a GLO Brass Cap Monument found in place;
thence N.87°07'22"W. 2928.64 feet to angle point 1 of Tract 76, a GLO Brass Cap
Monument found in place; thence S.00°04'03"E. 1323.56 feet to angle point 6 of Tract
76, a GLO Brass Cap Monument found in place; thence S. 87°31'43"E. 2920.46 feet to
angle point 5 of Tract 76, a GLO Brass Cap Monument found in place; thence
5.00°15'33"W. 1304.45 feet to angle point 4 of Tract 76, a GLO Brass Cap Monument
found in place; thence along the 4-31ine of Tract 76 N.88°00'57"W. 2916.75feet to a
• point on the boundary line of a parcel described in Book 553, Page 242; thence along said
boundary line the following four courses and distances:
1) N.01 ° 16'00"E. 66.86'
2) N.59°31'54"W. 92.49'
3) S.89°08'49"W. 1632.38'
4) S.OS°53'09"E. 30.71 feet to a point on the 4-3 line of Tract 74;
Thence along the 4-3 line of Tract 74 N.88°00'50"W. 473.76 feet to the easterly
boundary line of
Brush Creek Road described in Book 545 at Page 826.
Thence along the easterly boundary of Brush Creek Road the following nine courses and
distances:
1) 88.17 feet on anon-tangent curve to the left with a radius of 1460.00 feet, a tangent of
44.10 feet, a delta of
3°27'36" and a chord which beazs N.21°38'44"W. 88.15 feet
2) N.12° 19'22"W. 410.69 feet
3) S.63°02'35"W. 100.00 feet
4) N.26°57'25"W. 349.90 feet
5) N.26°14'46"W. 162.01 feet
t 6) 976.99 feet on anon-tangent curve to the right with a radius of 2440.00 feet, a tangent
of 495.13 feet, a delta of
P:~EA02040s~PPLAT~I.egal Desc. salt creek revised 07-10-02.doc
n
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EXHIBIT 'A'
• 22°66'30" and a chord which beazs N.13°28'54"W. 970.48 feet
7) N.00°40'08"W. 172.89 feet
8) N.00'00'18"W. 53.28 feet
9~ S.89°59'42"W. 67.58 feet to a point on the 3-21ine of Tract 74;
Thence along the 3-21ine of Tract 74 N.00°03'48"W. 2835.16 feet to the parcel recorded
at Book 317, Page 872 in the office of the Eagle County Clerk and Recorder; thence
leaving the said 3-21ine of Tract 74 N.89°58'24"E. 156.06 feet along said pazcel; thence
N.00°01'36"W. 431.07 feet; thence leaving said parcel S.87°44'17"E. 1301.21 feet;
thence 5.00°12'07"E. 1303.13 feet to the point of beginning. Said Salt Creek Pazcel A
contains 514.800 acres more or less.
Salt Creek Parcel B
A parcel of land in Tract 74, Section 24, Township 5 South, Range 84 West of the' 6th
Principal Meridian, County of Eagle, State of Colorado, being more particularly
described as follows:
Beginning at a point on the 2-31ine of Tract 74, also being the right of way line of Brush
Creek Road as described in Book 545, Page 826, from which Corner No. 3 of Tract 74
• bears N.88°00'50"W. 38.02 feet; thence along the right of way line of Brush Creek Road
the following five courses and distances:
1) N.00°00' 18"W. 500.84 feet
2) N.63°02'35"E. 273.61 feet
3) 5.26°57'25"E. 516.59 feet
4) S.25°46'38"E. 171.22 feet
5) 32.32 feet on anon-tangent curve to the right with a radius 1340.00 feet, a tangent of
16.16 feet, a delta of
1°22'54" and a chord which bears S.22°41'05"E. 32.32 feet to a point on the 4-31ine of
Tract 74;
Thence along the 4-3 line of Tract 74 N.88°00'50"W. 565.28 feet to the point of
beginning.
Said Salt Creek Parcel B contains 5.548 acres, more or less.
Total area for the Salt Creek Pazcel is 520.348 acres more or less.
•
P:~EA02040s~PPLAT1Lega1 Desc. salt creek revised 07-10-02.doc
EXHIBIT 'A'
• Parcel4
ADAM'S RIB RANCH
Frost Creek:
A parcel of land located in Tracts 79, 80, 81, 82, 84, 85, 86 and 87 in Sections 23, 24, 25,
26, 3~ and 36 and in Lots 5 and 7 of Section 26, all in Township 5 South, Range 84 West
of the Sixth Principal Meridian, Eagle County Colorado, according to the Independent
Resurvey of said Township and Range as approved on 20 June 1922; said parcel, with all
bearings contained herein based on a bearing of N.00°33'00"W. between the Town of
Eagle Street monument at Broadway and Fifth Street and the Town of Eagle Street
monument at Broadway and Second Street, both being found 1/2" diameter iron rods in
cast iron monument boxes, being more particularly described as follows:
Beginning at a point on the 1-2 Line of Tract 80, also being a point on the Brush Creek
Road right-of--way described in Book 545 at Page 826, from where Comer 3 of Tract 74
bears N.89°51'37"E. 19.79 feet; thence leaving the 1-2 Line of Tract 80 along the right-
of-way of Brush Creek Road described in Book 545 at Page 826 the following Four (4)
courses:
1) S.03°16'03"E. 21.80 feet;
2) 5.00° 11'24"W. 28.21 feet;
3) 5.88°47'44"E. 56.66 feet;
. 4) N.00°00'18"W. 49.99 feet
to a point on the 1-2 Line of Tract 79; thence leaving said Brush Creek Road right-of--way
along the 1-21ine of Tract 79 S.88°00'50"E. 565.28 feet to a point on the Brush Creek
Road right of way described in Book 545 at Page 826; thence leaving the 1-2 Line of
Tract 79 along said Brush Creek Road right-of--way the following seven (7) courses:
1) 407.15 feet along anon-tangent curve to the right having a radius of 1340.00 feet, a
tangent of 205.15 feet, a delta of 17°24'32" and a chord which bears S.13° 17'22"E.
405.58 feet;
2) S.02° 11' 11 "E. 171.22 feet;
3) S.O1 °00'06"E. 239.15 feet;
4) N.89°59'54"E. 120.00 feet;
5) N.O1°00'06"W. 239.15 feet;
6) N.02°12'43"W. 178.72 feet;
7) 390.65 feet along anon-tangent curve to the left with a radius of 1460.00 feet, a
tangent of 196.50 feet, a delta of 15° 19'50" and a chord which bears N.12° 15'01 "W
389.49 feet
to a point on the 1-2 Line of Tract 79; thence leaving said Brush Creek Road right-of--way
along the 1-2 Line of Tract 79 S.88°00'50"E. 473.76 feet, to a point on the boundary of
that parcel described in Book 553 at Page 242; thence leaving said 1-21ine along said
• parcel boundary the following three (3) courses:
EXHIBIT 'A'
• 1) S.OS'35'S4"E. 931.64 feet;
2) N.66'06'OS"E. 62.43 feet;
3) 105.27 feet along the arc of a curve to the right having a radius of 165.47 feet, a
tangent of 54.48 feet a delta of 36°26'55" and a chord which bears N.84° 19'34"E.
103.50 feet
to a point on the 1-41ine of said Tract 79, being also the 2-31ine of said Tract 77; thence
departing the 1-2 Line of Tract 79 along said 1-4 Line S.00°05'22"E. 16.86 feet to a point
on the boundary of that parcel described in Book 473 at Page 64 of the Eagle County
Records; thence departing said Tract line and along said parcel boundary the following
ten (10) courses:
1) N.78°19'52"W. 42.77 feet;
2) 5.69'06'30"W. 173.26 feet;
3) 5.79'41'27"W. 83.72 feet;
4) N.83°36'44"W. 84.19 feet;
5) N.60°45'27"W. 106.89 feet;
6) N.38°01'16"W. 142.78 feet;
7) N.86°05'46"W. 103.20 feet;
8) S.06'03'48"E: 170.61 feet;
9) S.03°36'18"E. 320.96 feet;
10) S.87°59'19"E. 616.76 feet
• to a point on said 1-4 line of Tract 79, being also said 2-3 line of Tract 77; thence
departing said parcel boundary and along said Tract line S.00°05'22"E. 1373.52 feet to
Corner 3 of said Tract 77; thence continuing along said 1-41ine of Tract 79
S.00°01'30"E. 2673.74 feet to Corner 4 of said Tract 79, being also a point on the 1-2 line
of Tract 87; thence along the 3-41ine of Tract 79, being also the 1-2 line of said Tract 87
5.89°59'41 "W. 730.93 feet to a point on the centerline of Brush Creek Road; thence
departing said Tract line and along said centerline the following thirteen (13) courses:
1) 142.02 feet along the arc of anon-tangent curve to the right having a radius of 970.00
feet, central angle of 08°23' 19", tangent of 71.14 feet and chord of 141.89 feet which
bears S.23°02'21"W.;
2) S.27°14'00"W. 122.18 feet;
3) 185.91 feet along the arc of a curve to the left having a radius of 730.51 feet,
central angle of 14°34'53", tangent of 93.46 feet and chord of 185.41 feet which
bears 5.19°56'34"W.;
4) S.12°39'07"W. 81.03 feet;
5) 299.28 feet along the arc of a curve to the right having a radius of 1766.42 feet,
central angle of 09°42'27", tangent of 150.00 feet and chord of 298.92 feet which
bears S.17°30'20"W.;
6) 625.92 feet along the arc of a curve to the left having a radius of 1557.93 feet,
central angle of 23°O1' 10", tangent of 317.24 feet and chord of 621.72 feet which
• bears S.10°50'59"W.;
7) S.00°39'36"E. 373.62 feet;
EXHIBIT 'A'
• 8) 371.71 feet along the arc of a curve to the right having a radius of 852.35 feet,
central angle of 24°59' 12", tangent of 188.86 feet and chord of 368.77 feet which
bears S.11°50'00"W.;
9) 398.89 feet along'the arc of a curve to the left having a radius of 1254.96 feet,
central angle of l 8°12'41 ", tangent of 201.14 feet and chord of 397.21 feet which
bears S.15°13'15"W.;
1 ~) S.06°06'54"W. 697.62 feet;
11) 221.01 feet along the arc of a curve to the left having a radius of 433.42 feet,
central angle of 29°12'57", tangent of 112.96 feet and chord of 218.62 feet which
bears S.OS°29'32"E.;
12) 476.64 feet along the arc of a curve to the right having a radius of 559.76 feet,
central angle of 48°47' 16", tangent of 253.85 feet and chord of 462.37 feet which
bears S.O1°17'38"W.;
13) 5.25°41'15"W. 91.78 feet
to a point on the 2-31ine of Tract 87, being also the 1-4 line of Tract 86; thence
departing said Brush Creek Road centerline and along said Tract line S.00°28'33"E.
1333.61 feet to Corner 3 of said Tract 87, being also Comer 4 of said Tract 86; thence
along the 3-41ine of said Tract 86 S.89°45'39"W. 181.83 feet to the Southeast Comer of
the Glen No. 2 Tract recorded in Book 652 at Page 863 of the Eagle County Records;
thence departing said Tract 861ine and along said Glen No. 2 boundary the following
two (2) courses:
• 1) N.12°21'01 "E. 243.76 feet;
Z) S.$9°59'03"W. 821.93 feet
to a point on the boundary of the Denzel Tract recorded in Book 654 at Page 074 of the
Eagle County Records; thence departing said Glen No. 2 Tract and along said Denzel
Tract boundary the following three (3) courses:
1) N.00°00'58"W. 422.50 feet;
2) N.89°58'34"W. 668.37 feet;
3) S.00°01'26"W. 666.67 feet;
to a point on said 3-4 line of Tract 86; thence departing said Denzel Tract and along said
3-41ine of Tract 86 5.89°45'39"W. 926.62 feet to an angle point in said Tract line; thence
continuing along said Tract line S.89°50'31 "W. 256.31 feet to Comer 3 of said Tract 86;
thence along the 2-31ine of said Tract 86 N.O1 °45'29"W. 2664.40 feet to Corner 2 of
said Tract 86, being also Corner 3 of Tract 85 and Corner 4 of Tract 84; thence along the
3-4 line of said Tract 84 S.89°55'29"W, 2763.75 feet to Comer 3 of said Tract 84; thence
along the Z-31ine of said Tract 84 N.00°38'50"E, 2658.66 feet to Comer 2 of said Tract
84; thence along the 1-2 line of said Tract 84 S.89°59'12"E, 232.69 feet to the Southwest
Comer of Lot 7 of Section 26; thence departing said Tract line and along the West line of
said Lot 7 N.00°10'28"W, 1223.44 feet to the Northwest Comer of said Lot 7, being also
the Southwest Corner of Lot 5 of said Section 26; thence along the West line of said Lot
5 N.00°10'28"W, 1328.75 feet to the Northwest Corner of said Lot 5; thence along the
~ ~
EXHIBIT 'A'
. North line of said Lot 5 S.89°41'45"E, 1151.20 feet to the Northeast Corner of said Lot
5, being also a point on the 2-3 line of Tract 82; thence along said Tract line
N.00°07'25"W, 132.70 feet to Comer 2 of said Tract 82; thence along the 1-21ine of said
Tract 82 N.89°53'59"E, 2757.25 feet to Corner 1 of said Tract 82, being also a point on
the 2-31ine of Tract 80; thence along said 2-3 line N.03°46'35"W, 1362.51 feet to Comer
4 of Tract 81; thence departing said 2-3 line and along the 3-4 line of said Tract 81
S.89°59'21 "W, 102.42 feet; thence N.O1 °40'49"W, 652.03 feet; thence N.3 8°45'20"W,
260.83 feet, thence N.09°54'16"E, 479.34 feet to the 1-21ine of Tract 81; thence along
the 1-2 line of said Tract 81, being also the 3-4 line of said Tract 72, N.89°34'51 "E.
206.06 feet to Corner 1 of said Tract 81, being also Comer 4 of said Tract 72, Comer 3
of said Tract 73 and Comer 2 of said Tract 80; thence along the 1-21ine of said Tract 80,
being also the 3-41ine of said Tract 73, N.89°31'57"E, 1477.57 feet to Corner 4 of said
Tract 73, being also Corner 1 of said Tract 80, Corner 2 of said Tract 79 and Corner 3 of
said Tract 74, the Point of Beginning.
Excluding therefrom, a parcel of land belonging to the Town of Eagle recorded in Book
S 13, Page 708 containing 3.500 acres, more or less.
Said net acreage of the Adam's Rib PUD contains 1106.970 acres, more or less.
•
ExHIBIT 'B' .
/~I~illll'S ~~1~1
FROST CREEK & SALT CREEK PLANNED UNIT DEVELOPMENT GUIDE
I. INTRODUCTION
This Guide sets forth the land use and development standards for the properties in the Adam's Rib
Frost & Salt Creek Planned Unit Development. The Development Guide defines the permitted use
of land and provides for open spaces and includes additional supplementary regulations.
II. PURPOSE
The primary purpose of this Development Guide or "Guide" is to establish the standards,
restrictions and regulations that govern development and land use within the Adam's Rib Frost &
Salt Creek Development as shown on the PUD Zoning Plan. It also ensures the Adam's Rib Frost
& Salt Creek Development is developed as a comprehensive planned community. The Guide will
ensure the orderly and compatible development of the property. The Guide constitutes the
standard zoning provisions for the Adam's Rib Frost & Salt Creek Development with site-specific
restrictions for the development plan and conditions of the land contained within this
development.
III. DEFINITIONS
As used herein, the following words and terms shall have the following meanings:
A. Accessory Dwelling It is a secondary unit within a building envelope. These accessory
dwelling units can be attached or detached. The accessory dwelling unit shall be no more than
25% of the square footage of the Single Family Structure or 1,000 sq. ft., whichever is less,
must be integral with the architecture of the Single Family Structure, and cannot be subdivided
or separately conveyed or transferred in ownership. Such units will be allocated on a first
come first serve basis to Single Family units only in the Frost Creek development.
B. Adam's .Rib Frost & Salt Creek Development. The Adam's Rib Frost & Salt Creek
Development is a Planned Unit Development zone district authorized by Eagle County. The
Planned Unit Development may be amended from time to time and contains all the property
described in the Adam's Rib Frost & Salt Creek Development.
C. Building Envelope. `Building Envelope" means that portion of a Lot which may be depicted
and designated as the `Building Envelope" on a Plat. All improvements must be located
entirely within the Building Envelope, including but not limited to dwellings, attached patios
and decks, garages, swimming pools and storage buildings, but excluding roof overhangs,
04/07/03 I~ Adam's Rib -PLANNED D'NIT DEVELOP~NT Page 1
•
access driveways, underground utilities, and drip irrigation, ISDSs (but not in riparian or
wetlands), infrastructure but not operational facilities for irrigation systems, and drainage
systems. Only the developer or Master Homeowners Association shall have the right to
construct perimeter fencing for the development outside of Building Envelopes.
D. Building Height. The building height is determined by measuring a series of points at equal
intervals around the perimeter of the building no greater than 15 feet apart. At each interval
the height shall be measured from finished grade (the final grade after completion of
construction improvements) to the midpoint between the eave and ridge of all sloped roof
planes or the top of all flat roof planes at this interval. Building height is then determined by
averaging all of the interval heights azound the building.
E. Commercial Space. Commercial Space is any space or area that maybe used, rented or leased
for the purpose of generating retail business or consumer services.
1. Commercial Space is associated with the golf course facilities and will be located within
tracts designated as such. Commercial space will provide for uses which are ancillary to
and in support of services for golf facilities and other commercial facilities.
2. Permitted Uses for Commercial Space
a. Offices
b. Retail specialty and gift shops
c. Restaurants, bazs and food services
d. Bazber and beauty shops
e. Real estate sales
f. Golf course clubhouse
g. Meeting rooms, conference, and special events space
h. Certain athletic club, spa and health club facilities
i. Pro shop with clothing sales
3. The following uses will not be considered Commercial Space:
a. All residential uses including, but not limited to:
(1) Home occupations as defined in the CC&R's
b. Civic uses
c. RecreationaUathletic facilities and other similar or associated facilities including, but
not limited to:
(1) Swimming pools
(2) Sports courts
(3) Tennis, golf and other court or sport maintenance facilities, locker rooms, showers
(4) Ice skating
d. Firehouse and security operations
e. Ambulance operations
04/07/03 d Adam's Aib -PLANNED IINIT DEVELOPMENT Page 2
•
f. Golf cart storage, golf maintenance, general storage, hallways, public restrooms,
balconies, porches, stairways, corridors, mechanical azeas, electrical azeas, service
azeas, laundry, elevators and lobby and convenience azeas
g. Master Homeowners Association facilities and offices
h. Postal facilities
i. Recycling and Gazbage facilities
F. Common Area . Common Area is defined as any portion of the Common Interest Community
designated in the Declaration or any Supplemental Declaration or on a Plat~or any
Supplemental Plat as Common Area or Limited Common Area or Open Space and which is
owned or leased or maintained by the Master Homeowners Association for the common use
and enjoyment of the property owners or occupants or some of them, including, but not limited
to, pathways, trails, reception or entry houses, security facilities and entry features, and any
other designated open areas.
G. Declazation. Means and refers to the Master Declaration of Covenants, Conditions,
Restrictions and Easements for Adam's Rib Frost & Salt Creek Development as adopted and
from time to time amended for the various filings also referred to as "CC&R's".
H. Design Guidelines. Design guidelines aze defined in the CC&R's. The Design Guidelines
provide for azchitectural and design guidelines for the development of privately-owned lots or
development azeas within Adam's Rib Frost & Salt Creek Development adopted from time to
time by the Adam's Rib Design Review Committee which shall, among other things, interpret
or implement the provisions of this Adam's Rib Frost & Salt Creek Development Plan.
I. Design Review Committee. The Design Review Committee is defined in the CC&R's. It is a
committee, which shall be responsible for the administration and enforcement of this Planned
Unit Development Guide, the CC&R's, and the Design Guidelines.
J. Development Areas. Development Areas refer to any lot, lots or pazcels to which Adam's Rib
Frost & Salt Creek Development Plan provisions may apply.
K. Dwelling Unit. One or more rooms occupied by one family or group of people living
independently from any other family or group of people and having not more than one kitchen.
L. Golf Course Pazcel. A pazcel within the subdivision which can be used for conducting the
game of golf and related golfing activities or for utilities facilities, and infrastructure; provided
however, that other recreational activities such as cross country skiing, snow shoeing, hiking,
and fishing maybe approved under certain circumstance by the golf course owner. Horseback
riding is prohibited within these parcels.
M. Gross Commercial Floor Area. The total floor area within the enclosed walls of golf
clubhouses, including, without limitation, closets, service areas and interior walls but
excluding balconies, porches, decks, hallways, corridors, stairwells, garages, public restrooms
04/07/03 i, 9dam's Rib -PLANNED D'NIT DEVELOPN~NT Page 3
•
and service areas outside the commercial building enclosures, and uninhabitable heating,
mechanical or equipment areas.
N. High Water Mark. The waterline at the point of high discharge with a recurrence interval of 10
years.
O. Lot. It is a designated lot within Adam's Rib Frost & Salt Creek Development.
P. Open Space Parcel. A parcel within Adam's Rib Frost & Salt Creek Development which can
be used for aesthetic, wildlife and recreation uses such as bicycling, hiking, cross-country
skiing, and equestrian activities. An open space parcel may have constructed thereon
structures or facilities associated with such uses and other uses associated with the needs of the
Adam's Rib Frost & Salt Creek Development including, but not limited to, trails, cart paths
signs, water storage facilities and associated facilities and transmission improvements, utilities
and ski touring and other appropriate recreation improvements.
Q. Owner. An individual, corporation, partnership, association, trust or other legal entity or
combination of legal entities which is the record owner of an undivided fee simple interest in
one or more lots, parcels, or dwelling units except as specifically limited hereinafter.
R. Parking aces. Parking spaces are areas designed for the parking of automobiles that use the
following size requirements: parking spaces in the Adam's Rib Frost & Salt Creek
Development are required to be not less than 9' x 19'.
S. Planned Unit Development Map. Maps contained in the Adam's Rib Frost & Salt Creek
Development Plan illustrating certain requirements contained in the Adam's Rib Frost & Salt
Creek Development Plan.
T. Planned Unit Development Plan. Documents created for the purpose of establishing
development requirements for Adam's Rib Frost & Salt Creek Development, also referred to
as the Planned Unit Development Plans.
U. Single Family Structure. Single Family Structure consists of one Dwelling Unit.
V. Square Footage. Square footage for residences shall be defined pursuant to the applicable
Eagle County regulations and Uniform Building Code, to the extent not in conflict with the
regulations.
04/07/03 I~ Adam's Rfb -PLANNED UNIT DEVELOPMENT Page 4
~ ~
IV. APPROVAL OF CONSTRUCTION PLANS
A. No building or other structure will be constructed, erected or maintained on any lot, nor shall
any addition thereto, or alteration, or change therein, be made until complete plans and
specifications have been submitted to and approved in writing by:
1. The Design Review Committee.
2. Eagle County, as evidenced by issuance of an applicable Eagle County building permit.
B. In a number of instances the requirements of this Guide are less restrictive than the
requirements of the Design Guidelines. This is by design. The more restrictive provisions of
the Design Guidelines will be used for the Adam's Rib Frost & Salt Creek Development
review and approval. The compliance with the applicable provisions of the Design Guidelines
must be approved in writing by the Design Review Committee as a part of its approval under
Section IV.A. hereof. The provisions of this Guide must be met in order to receive an Eagle
County building permit, to commence construction, and to receive a certificate of occupancy.
C. The following general restrictions shall govern construction on any lot or tract:
1. Stream Setbacks: All structures will maintain a minimum of 75 foot setback from the high
water mark of Brush Creek and Salt Creek and will be located outside of the 100 yeaz
floodplain, except for bridges, developed paths, and utilities in both instances. Where
development features (such as golf course areas, developed paths, utilities, and bridges) lie
within a setback zone, mitigation measures will be utilized, as appropriate. The golf course
will maintain a minimum of 50-foot setback from the high water mark of Brush Creek.
2. Wetlands: Wetland areas have been mapped. No wetlands are included in Residential,
Commercial building envelopes and development features (such as golf course, paths,
utilities, and bridges).
3. Riparian: Riparian areas have been mapped. No riparian areas are included in Residential,
Commercial building envelopes. Riparian may not be disturbed even if it is in individual
lots of the PUD.
4. Parking Requirements: Off street parking will be provided based on the following criteria:
a. Single Family 3 spaces per unit
b. Clubhouse 1 space per 250 sq. ft. of commercial space
c. Accessory Dwelling Units 2 spaces per unit
5. Landscaping: The Landscaping and Illumination Standards and Landscaping Design
Standards and Materials set forth in the Land Use Regulations must be complied with.
Landscape Guidelines will be a part of the Design Guidelines and will include at a
minimum the landscaping plan required by the Land Use Regulations.
Landscaping will follow these criteria;
• Irrigated landscaping will be allowed in the building envelopes only, the golf clubhouse
parcel, the golf course, the maintenance facility parcel and as indicated on the
04/07/03 d Adam's Rib -PLANNED UNIT DEVELOP~NT Page 5
Landscape Plan. The Landscape Plan shows irrigated landscaping at the entrance,
street intersections and other appropriate locations.
• The remaining azea of the lots outside of the building envelopes and the remaining
open space azeas will use a native grass mixture, specified by the Design Review
Committee, and will not be irrigated. Trees and bushes can be planted in these azeas
and will have a drip water system to irrigate them.
6. Li tin • All lighting shall comply with applicable provisions of the Eagle County Land
Use Regulations. Exterior lighting can be used for safety and security purposes and to
subtlety accent azchitectural and landscape features of a home. Lighting shall be designed
to eliminate glaze and light shining on adjacent sites and to maintain a low to non-existent
level of atmospheric light pollution to preserve the visibility of the night sky.
• All exterior lighting shall be low-level with maximum 25-watt fixtures.
• The number of exterior light fixtures shall be limited on each site relative to location,
landscaping, screening, and intensity as determined appropriate by the Design Review
Committee.
• With the exception of lighting that may be incorporated into a residential
entry/identification sign, no lighting shall be permitted outside of the building
envelope.
• All light bulbs shall be recessed within the building structure or a light fixture so that
no direct, unfiltered light is visible.
• All exposed exterior light fixtures shall have frosted or opaque glass.
• All direct lighting shall illuminate down, on to the building element or landscape
element it is illuminating. Up lighting is not permitted.
• Lighting of trees is not permitted except for white, non-blinking holiday lighting, which
shall be removed within three weeks following the holiday.
• Floodlights and spotlights aze not permitted.
• The Gate House will have street lighting.
• The pazking lot for the clubhouse will have lighting
• The entrance to each lot will be lighted to identify that lot's address.
All light fixtures aze subject to review and approval by the Design Review Committee,
relative to the requirements of the Design Guidelines and this Guide.
7. Fencing: Fencing provisions will be part of the Design Guidelines.
8. S~•. Signs must comply with the Sign Regulations as set forth in the Land Use
Regulations. Additional sign requirements will be set forth in the Design Guidelines.
With the exception of one entry/identification sign per Lot during the period of actual
construction on the Lot, which sign shall comply with the Design Guidelines and Eagle
County Land Use Regulation, no sign, poster, billboard or advertising device of any kind
shall be allowed or displayed upon any Lot or Unit or any Homeowner Association
Property within the PUD except:
• Such signs as may be used by the Developer in connection with the development,
mazketing and sale of Lots or Units in the PUD;
• Such signs as may be required by legal proceedings or the prohibition of which is
precluded bylaw;
• Such signs as may be required for traffic control and for regulation of Homeowner
Adam's Rib -PLANNED IINIT DEVELOPMENT
Page 6
04/07/03
Association Property;
• Neighborhood monuments (e.g., entrance and direction signs) which are compatible
with the architecture of the area,
• One security company sign,
• One Private Residence sign on each boundary of a Lot or Unit that abuts on the Golf
. Properties
• All permitted signs must comply with the Design Guidelines and Eagle County Land
Use Regulations.
Entry/identification Signs;
• Must be provided for each home. These signs shall be a minimum of one square foot
and a maximum of two square feet.
• Shall be located adjacent to the roadway and shall be lighted by an approved fixture.
• Shall include the site address number and be clearly visible from the access road at the
driveway entrance.
• Must comply with the Design Guidelines and the Eagle County Land Use Regulations.
9. Wood Burning Controls. No wood burning fireplaces will be allowed. All fireplaces
located within the Adam's Rib Frost Creek & Salt Creek PUD will be gas fireplaces.
10. Snow Removal. Snow removal shall be in compliance with the Snow Removal
Regulations as set forth in the Eagle County Land Use Regulations.
11. Bike Path. The bike path will be dedicated to Eagle County and will be maintained by the
Frost Creek and Salt Creek Homeowners Association until the county decides to maintain
it.
12. Wildfire. When called for a defensible space around a dwelling will be obtained as
follows;
- Grasses, wildflowers, and other herbaceous vegetation within this defensible space will
be kept mowed to a height no greater than 6 inches. Cuttings will be promptly
collected and either removed from the site during routine trash collection or used onsite
for composting.
- No trees will be planted within 15 feet of a dwelling, and any trees planted in the zone
between 15 and 30 feet from a dwelling must be at least 25 feet apart and maintained so
that their crowns are at least 10 feet apart.
- Where existing trees adjacent to a dwelling are desirable landscape features to be
retained, they will be considered part of the home, and the defensible space and
minimum 15-foot separation will commence at the edge of the tree canopy.
- Any shrubs retained or planted in the defensible space must be spaced so that the
distance between clumps is at least 21/2 times the height. The maximum size
(diameter) of clumps can be no more than 2 times the height.
- For mature trees, or as small trees grow, the lower limbs will be pruned flush with the
trunk so that the lowermost limb is either a minimum of 10 feet above the ground or
one-third the height of the tree, whichever is lower. No tree limbs will be retained or
allowed to grow within 15 feet of a chimney. Pruned woody material generated during
tree and shrubby maintenance must be promptly removed from the site.
04/07/03 d Adam's Rib -PLANNED IINIT DEVELOP~NT Page 7
~ ~
On the few lots located partially within moderate-hazazd and severe-hazazd areas, a
"transition zone" extending to at least 70 feet from a dwelling will surround the 30-foot
defensible space. Within this transition zone, the following will be implemented: '
- Trees will be thinned so that their crowns do not touch.
- Limbs will be pruned to a height of 10 feet above the ground (or one-third the tree
height, whichever is lower).
- Annually shrubs, tall grasses, and weeds will be removed from beneath the crowns.
- Deadfall will be removed annually.
Only one lot number 35 at Frost Creek is in a severe fire hazazd. In addition to the
defensible space and the transition zone, a firebreak will be created within the lazger mass
of Gambel's oak and other mountain shrubs growing along the north facing slope to the
west of this lot to protect it from any wildfire that may propagate along the shrubby slope.
This firebreak will be approximately 70 feet wide and will be designed to accommodate
the golf cart connection between the 14~' green and the 15~' tee. Second, a 70-foot-wide
defensible space azound the dwelling unit will be made instead of the 30-foot.
13. ISDS. Each residence and commercial facility in the PUD will service its wastewater
through an ISDS. Each ISDS shall have denitrification capabilities and shall be equipped
with an alarm system that is connected to the subject residence or facility and to the central
administration office of the Golf Course Operator in the PUD. The Homeowners
Association shall be responsible for the approval; installation, operation, maintenance,
repair and replacement of all such systems with all costs associated therewith being paid by
the owner of each residence or facility. Each ISDS shall be in compliance with all federal
and state rules and regulations and all rules, regulations, and requirements of Eagle County
pertaining to the operation and maintenance requirements for ISDSs including without
limitation the obligation of the Homeowners Association to have each ISDS inspected
every two years with the appropriate maintenance being taken as a result of such
inspection. The Homeowners Association may assign the administration of its
responsibilities to the Golf Course Operator within the PUD. The Homeowners
Association shall retain and designate a qualified registered professional engineer as the
engineer of the Homeowners Association to complete and process all applications within
the PUD for ISDSs with the Eagle County Department of Environmental Health and to
ensure compliance of the ISDSs and Homeowners Association with the requirements
hereof. The designated engineer shall be the contact person of the Homeowners.
Association for the Eagle County Department of Environmental Health with respect to
ISDSs within the PUD. In addition, the Homeowners Association shall designate one
additional individual within the Homeowners Association as a contact person. The Golf
Course Operator shall be responsible for the ISDSs for all golf course facilities and shall
also retain the same registered professional engineer as the Homeowners Association for
the same purposes as provided herein. The Homeowners Association shall not authorize
an application for an ISDS permit to be submitted until it has received a status report from
the engineer overseeing the operation of the water quality management plan that there is no
water quality degradation to Brush Creek or Salt Creek resulting from the PUD.
The Homeowners Association shall provide annual reports of its ISDS inspections to the
Eagle County Department of Environmental Health and the Town of Eagle regazding the
04/07/03 d Adam's Rib -PLANNED D'NIT DEVELOPMENT Page 8
.,
adherence of the ISDSs in the PUD to the two year mspechon schedule and the provisions
of Table 1 of Section 4.03.26 of the Eagle County Land Use Code and the rules,
regulations, and requirements of Eagle County as they maybe amended. The Homeowners
Association and Eagle County Department of Environmental Health shall have the
authority to remedy any faulty or defective ISDS and will have the legal right of access on
each lot within the PUD and on common areas to fulfill the Homeowners Associations
obligations hereunder pertaining to the implementation, inspection, operation,
maintenance, repair and replacement of ISDSs. In addition to the rights of the
Homeowners Association (itself or through its agents) and the Eagle County Department of
Environmental Health hereunder, the Town of Eagle shall be entitled to take action to
compel the Homeowners Association and an individual lot owner to repair a defective
ISDS promptly in the event of the failure of the Homeowners Association to do so after
written notice from the Town of Eagle of such failure. The Town of Eagle shall be entitled
to recover attorney's fees and costs in taking such action. A penalty as liquidated damages
of up to $100.00 per day shall also be assessed against the Homeowners Association and
individual lot owner for such failures, payable to the Town of Eagle. The Homeowners
Association shall have those additional rights that maybe set forth in the declaration of
covenants, conditions, and restrictions for the Homeowners Association. Eagle County
shall have such additional rights as set forth in the Eagle County Land Use Regulations.
14. Water Quality Management Plan. The Homeowners Association shall be responsible for the
implementation of the water quality management plan that is approved for the PUD, as it may
be amended from time to time. The Homeowners Association may assign this responsibility to
the Golf Course Operator.
V. DENSITY STANDARDS
The following chart describes the current uses and maximum number of dwelling units
contemplated for each Development Area.
Dwelling U~ts
Frost Creek DeveloQment Area
Clubhouse
Utility
Single Family 60
Salt Creek Development Area
Single Family 21
TOTAL APPROVED DWELLING UNITS 81
TOTAL APPROVED ACCESSORY DWELLING UNITS 30
TOTAL APPROVED COMMERCIAL SPACE 0.000 SO. FT.
04/07/03 i, 9dam's Rib -PLANNED IINIT DEVELOP~NT Page 9
•
VI. DEVELOPMENT AREAS
A. Frost Creek Development Area
1. Clubhouse Parcel.
a. Intent. Provides for clubhouse facilities.
b. Permitted Uses. The following uses are permitted within the Clubhouse Parcel:
1) Clubhouse, restaurants, bars, lockers, pro shop, convenience, health and athletic
club including indoor and outdoor swimming, other related facilities and other
commercial uses;
2) Trails, such as, but not limited to: hiking, biking, cross country skiing and snow
shoeing;
3) Streams, wetlands, and ponds;
4) Roads, streets, parking areas and sidewalks;
5) Outdoor recreation improvements including but not limited to: pool, tennis
facilities, golf course, and putting greens, restrooms, recreation user shelters and
associated accessory and support improvements;
6) Utility lines such as, but not limited to: water, septic system, ditches, storm water,
cable and fiber optic, natural gas, electric and telephone;
7) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic system, transmission facilities, sedimentation basins, biofiltration ponds,
ditches, drainage and other utility related facilities and structures;
8) Open space;
9) Landscaping and/or buffers.
c. Development Standards. Development within the Clubhouse Parcel shall be
constructed in accordance with the following standards:
1) Minimum Lot Area per Use
2) Maximum Lot Coverage (net developable land)
3) Maximum Floor Area Ratio
4) Minimum Front Yard Setback
5) Minimum Rear Yard Setback
6) Minimum Side Yard Setback
7) Minimum Stream Setback
s) Maximum building height:
2. Sin a Family Parcel.
7,500 Sq. Ft.
Buildings 50%
All Impervious Materials: 80%
0:60:1
Arterial Street: 50'
Collector Street: 50'
Local Street: 25'
20'
12.5'
75'
35 feet
a. Intent. The intent is to create low density, single-family residential neighborhoods.
Large areas of open space have been strategically designed to preserve unique land
features.
04/07/03 d Adam's Rib -PLANNED IINIT DEVELOPMENT Page 10
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b. Permitted Uses. The following uses aze permitted within the Single Family Parcel:
1) Single family residential with accessory dwelling units;
2) Trails, such as, but not limited to: hiking, biking, cross country skiing, and snow
shoeing;
3) Streams, wetlands, and ponds;
4) Roads, streets and sidewalks;
5) Outdoor recreation improvements including but not limited to: tennis facilities,
golf course, and putting greens;
6) Utility lines such as, but not limited to: water, septic systems, ditches, storm water,
cable and fiber optic, natural gas, electric and telephone;
7) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic systems, transmission facilities, sedimentation basins, biofiltration ponds,
.drainage and other utility related facilities and structures;
8) Open space;
9) Landscaping and/or buffers.
c. Development Standazds. Development within the Single Family Pazcel shall be
constructed in accordance with the following standazds:
1) Minimum Lot Area Per Use 4 acres
2) Maximum Lot Coverage Building Envelope
3) Minimum Front Yazd Setback Arterial Street: 50'
Collector Street: 50'
Local Street: 25'
4) Minimum Reaz & SideYazd Setback 12.5' or half the height of the
tallest building on the lot
5) Minimum Stream Setback 75'
6) Maximum building height: 35 feet
7) Maximum Habitable squaze footage: 12,500 Sq. Ft.
3. Parcels: Golf Course, Golf Maintenance and Building
a. Intent. To provide sites for golf courses, golf course maintenance facilities, water
storage, and drainage improvements, landscape improvements and stream corridors.
b. Pen~nitted Uses. The following uses are permitted within the Golf Course and Golf
Maintenance and Building Yard Pazcels:
(1) Golf course, driving ranges, golf practice areas, and maintenance facilities
(2) Streams, wetlands, and ponds;
(3) Roads, streets, parking azeas and sidewalks;
(4) Cross country skiing,
(5) Outdoor recreation improvements including but not limited to: golf and putting
greens;
(~ Utility lines such as, but not limited to: water, septic systems, ditches, storm water,
cable and fiber optic, natural gas, electric and telephone;
04/07/03 d Adam's Rib - PLANNED 'QNIT DEVELOP~NT Page 11
•
(7) Utility facilities such as, but not limited top • or well houses, water storage,
septic systems, transmission facilities, water tanks, sedimentation basins,
biofiltration ponds, drainage and other utility related structures, and access to such
facilities;
(8) Golf course maintenance buildings and attendant facilities and improvements
(9) Open space;
(lo)Landscaping and/or buffers.
c. Development Standazds. Development within the Golf Course and Golf Maintenance
Pazcels shall be constructed in accordance with the following standazds:
1) Minimum Lot Area per Use 7,500 Sq. Ft.
2) Maximum Lot Coverage (net developable land) Buildings 50%
All Impervious Materials: 70%
3) Maximum Floor Area Ratio 0:50:1
4) Minimum Front Yazd Setback Arterial Street: 50'
5) Minimum Reaz Yazd Setback
~ Minimum Side Yazd Setback
7) Minimum Stream Setback
8) Maximum building height:
Collector Street: 50'
Local Street: 25'
20'
12.5'
75'
35 feet
4. Pazcels: Common Recreation, Open Space, Hillside and other Open Space
a. Intent. To provide sites for pazk and recreation facilities, natural and developed open
space, water storage and transmission facilities, and drainage improvements, landscape
improvements, stream corridors and recreation trails.
b. Permitted Uses. The following uses are permitted within the Open Space Parcels:
(1) Streams, wetlands, and ponds;
(2) Trails, such as, but not limited to: hiking, biking, cross country skiing, and snow
shoeing; and related improvements;
(3) Utility lines such as, but not limited to: water, septic system, ditches, storm water,
cable and fiber optic, natural gas, electric and telephone;
(4) Utility facilities such as, but not limited to pump or well houses, water storage,
septic systems, transmission facilities, water tanks, sedimentation basins,
biofiltration ponds, ponds, drainage and other utility related structures, and access
to such facilities;
(5) Open space;
(6) Landscaping and/or buffers.
c. Development Standazds. Development within Open Space Pazcels shall be constructed
in accordance with Eagle County standazds.
B. Salt Creek Development Area
2. Single Family Parcel.
04/07/03 L~ Adam's Rib -PLANNED UNIT DEVELOP~NT Page 12
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•
a. Intent. The intent is to create low density, single-family residential neighborhoods:
Large areas of open space have been strategically designed to preserve unique land
features.
b. Permitted Uses. The following uses are permitted within the Single Family Pazcel:
(1) Single family residential with accessory dwelling units;
(2) Trails, such as, but not limited to: hiking, biking, cross country skiing, and snow
shoeing;
(3) Streams, wetlands, and ponds;
(4) Roads, streets and sidewalks;
(5) Outdoor recreation improvements including but not limited to: tennis facilities;
(6) Utility lines such as, but not limited to: water, septic systems, ditches, storm water,
cable and fiber optic, natural gas, electric and telephone;
(7) Utility facilities such as, but not limited to: pump or well houses, water storage,
septic systems, transmission facilities, sedimentation basins, biofiltration ponds,
drainage and other utility related facilities and structures;
(8) Open space;
(9) Landscaping and/or buffers.
c. Develo went Standards. Development within the Single Family Pazcel shall be
constructed in accordance with the following standazds:
i) Minimum Lot Area Per Use
2) Maximum Lot Coverage
3) Minimum Front Yard Setback
4) Minimum Rear & Side Yard Setback
5) Minimum Stream Setback
~ Maximum building height:
7) Maximum Habitable square footage:
VII. MODIFICATION
4 acres
Building Envelope
Arterial Street: 50'
Collector Street: 50'
Local Street: 25'
12.5' or half the height of the
tallest building on the lot
75'
35 feet
10,000 Sq. Ft.
It is anticipated that modifications to this Guide will be necessary from time to time as the
development of the Adam's Rib Frost & Salt Creek Development progresses. This Guide provides
for three categories of modifications: Major Modifications, Other Amendments, and Minor
Modifications. These three are defined as follows:
A. Major Modifications. Major Modifications to the Adam's Rib Frost & Salt Creek
Development aze those changes, which could alter the chazacter or fundamental land use of a
portion of the development. At any time after a final plat is approved, any change from one
category of land use to another, such as residential to commercial, any change in designation of
open space to anon-recreational or non-conservation related use, shall be considered a Major
Modification. Furthermore, any addition of land to be governed by the Guide other than for
04/07/03 d Adam's Rib -PLANNED IINIT DEVELOP~NT Page 13
•
recreational, o en s ace or access shall be considered a Major Modification. Major
p P
Modifications shall be under the authority of the Adam's Rib Master Association and Eagle
County Commissioners. After first receiving the approval of the Adam's Rib Master
Association and the Design Review Committee, application for approval of such amendment
shall then be made to the Eagle County for a Major Modification and entered into the Eagle
County review process at the Zoning Plan stage, unless (a) the change is directed by the
Planning Commission; or (b) in the opinion of the Community Development Director, the
change does not materially change the Adam's Rib Frost & Salt Creek Development and it
complies with the Eagle County's Land Use Regulations and Eagle County's goals and
policies. The County Commissioners may approve a Major Modification if it is found to be
consistent with the purpose and intent of this Guide or if the chazacter of the surrounding azea
has changed such that the original purpose and intent for a pazticulaz Pazcel or azea are no
longer appropriate and that the modification does not substantially adversely affect rights of
owners within the Adam's Rib Frost & Salt Creek Development.
B. Other Amendments. Any modification or amendment of provisions of the Adam's Rib Frost
& Salt Creek Development which is not a "Major Modification" maybe adopted after a public
hearing, written notice of which has been placed in a newspaper of general circulation in Eagle
County at least 10 days prior to the Planning Commission meeting, and at least 30 days prior to
the County Commissioners meeting. Said notice shall state the general nature of the proposed
modification or amendment, and the dates of both the Planning Commission and Boazd of
County Commissioners hearings.
In considering an amendment to the Adam's Rib Frost & Salt Creek Development Plan, Eagle
County Commissioners shall follow the standazds for review of the Preliminary Plan and the
intent and purposes of this Guide; provided, however:
1. Application for modifications shall cover only those azeas of Adam's Rib Frost & Salt
Creek Development affected by any proposed change; and
2. The Commissioners may waive any Preliminary Plan requirements upon a showing by the
applicant that Preliminary Plan requirements have been previously met.
C. Minor Modifications. Subject to the provisions set forth below, Minor Modifications in land
uses and Pazcel configurations may be authorized by the Design Review Committee and
approved at the discretion of the Community Development Director without requiring an
amendment to the Adam's Rib Frost & Salt Creek Development, provided that the changes aze
similaz in nature and impact to the listed permitted uses and aze consistent with the intent of
boundazies of a given pazcel and they do not adversely affect wetlands, riparian or stream
setback requirements. Minor Modifications shall include, without limitation, the following:
1) Internal road and sidewalk alignment alterations subject to approval of all engineering
documents by Eagle County engineer;
2) Trails alignment alterations;
3) Technical and engineering considerations first discovered during actual development which
could not reasonably be anticipated during the approval process are subject to approval of
all engineering documents by Eagle County engineer; or
04/07/03 i~ Adam's Rib -PLANNED IINIT DEVELOP~NT Page 14
•
4) Any other minor change that has no effect on the conditions and representations otherwise
approved as a part of the Adam's Rib Frost & Salt Creek Development.
D. Buyers of lots or parcels in Adam's Rib Frost & Salt Creek Development should be aware that
requirements more restrictive than those contained in this Guide maybe imposed as a result of
the CC&R's, Design Guidelines, Final Plat or other applicable development documents that
are recorded separately for Adam's Rib Frost & Salt Creek Development. The most current
Design Guidelines for a particular filing should be consulted prior to formalizing development
plans for construction at the Adam's Rib Frost & Salt Creek Development.
VIII. EFFECT OF EAGLE COUNTY'S LAND USE REGULATIONS
This Development Guide constitutes the standard zoning provisions for the Adam's Rib Frost &
Salt Creek Development adopted by Eagle County Zoning and Subdivision Ordinances. ~ Where
this Development Guide is silent, the applicable provisions of Eagle County Land Use Regulations
shall govern. If there is any conflict between the provisions of this Development Guide and the
provisions of Eagle County Land Use Regulations or any other ordinances, .resolutions or
regulations of Eagle County, the provisions of this Guide shall prevail and govern the development
of Adam's Rib Frost & Salt Creek Development.
IX. ENFORCEMENT
The Design Review Committee shall have the sole responsibility for interpreting and enforcing this Guide
in accordance with the terms of the CC&R's, provided, however, Eagle County shall have the independent
right and responsibility to enforce the provisions of this Guide. Eagle County expressly reserves the right
to refuse to approve any application for a building permit or certificate of occupancy for the construction
or occupancy of any building or structure within the Adam's Rib Frost & Salt Creek Development if said
building or structure fails to comply with the requirements of this Guide. This provision shall not be
construed as a waiver by any appropriate party, including without limitation, any owner of a Dwelling
Unit, the Adam's Rib Master Association, the Design Review Committee, or the Developer, of any right
to appeal, pursuant to the appeal rights otherwise available under the Land Use Regulations, Eagle County
building codes or by other applicable law.
3U26377_2.DOC
04/07/03 L1 Adam's Rib - PLANNED IINIT DEVELOP~NT Page 15
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EXHIBIT 'C'
~1~In~~~'s I~il~
FROST CREEK & SALT CREEK PUD
WILDLIFE MITIGATION AND ENHANCEMENT PLAN
This wildlife mitigation and enhancement plan is developed to avoid minimize and
mitigate wildlife impacts resulting from the Frost Creek & Salt Creek PUD (PUD).
The Adam's Rib Master Homeowner's Association will have the responsibility and
authority for enforcing this plan. This plan will be incorporated by reference into
the Master Declaration of Covenants, Conditions and Restrictions for this PUD.
1.0 DOGS
Each residential lot will be permitted to have up to two dogs and offspring up
to three months old. Dogs will be prohibited on residential lots until
adequate facilities, such as fences, walled space, dog run, or kennel are
installed on the lot. These facilities must be located immediately adjacent to
the home and within the building envelope and shall not exceed more than
600 square feet, have a top and meet the design requirements of the Design
Review Committee (DRC). If the facilities are inadequate to contain the
dog(s), the dog(s) will be removed until an approved and adequate structure
is built.
At no time are dogs to be allowed to run freely. When dogs move beyond
their owner's building envelope, the dog(s) must be controlled by a leash and
under the direct control of it's owners(s) or owners representative. Off their
property, in developed areas, owners or owners representative shall be
required to immediately pick up any fecal waste of their animals and
disposed of in the appropriate manner. Guests of homeowners shall comply
with all the dog control measures contained herein. It is the lot and/or dog
owner's responsibility to ensure compliance.
Any dog harbored on-site must be licensed by the appropriate governmental
entity, and must wear the numbered identification tags provided.
02/18/03 Page 1 of 14
L'
' Visitors to the PUD shall be prohibited from bringing dogs onto the PUD.
Contractors, subcontractors and their employees and other employees within
the PUD are prohibited from harboring dogs and immediate removal of the
dog shall be necessary.
The County and Colorado Division of Wildlife (CDOW) may also control
stray dogs within the P1JD. Persons not in compliance with these dog
restrictions will be responsible for any and all costs incurred by the County
and/or CDOW for enforcing these provisions.
Adam's Rib Frost Creek employees and residents will be educated regarding
dog policies. Homeowners should be educated that they should not feed dogs
and other pets outside their homes, including decks, to avoid attracting
nuisance wildlife or predators. Additional dog/animal policies may be
developed by the Master Association that are more restrictive and/or more
explanatory than listed in this Plan.
2.0 FENCING
Except for designed character fencing (including privacy fencing), dog runs,
temporary erosion, sediment control and construction fencing, fencing
associated with the golf maintenance facility and any PUD perimeter
boundary fencing, fencing is prohibited throughout the PUD to Facilitate
local and migratory wildlife movements, optimize habitat availability, and
reduce wildlife mortality.
Any PUD perimeter boundary fencing shall 6e installed and maintained by
the developer and/or the Master Association. All fencing must be wildlife
friendly and not exceed 42" in height and not restrict movement of deer and
elk with an opening in the lower 1/a of at least 16 inches to allow passage of
deer fawns and elk calves except for approved privacy fences and security
fences. If wood rail fencing is used it should not exceed 42 inches in height
and 12 inches in width (top view), and an opening in the lower'/i of at least
16 inches.
An approved privacy fence, for wildlife purposes, shall be no less than 72" in
height with no openings, to enclose up to 2,500 square feet, provided it is
immediately adjacent to the residence and is entirely within the permitted
building envelope. Such privacy fencing will be designed and constructed so
as to not block or restrict deer and elk movement through the PUD.
If security fencing is needed and approved by the DRC it must not be less
than seven feet in height and must be so constructed that wildlife movement
through the PUD is not lost or impaired.
3.0 HORSED AND OTHER LIVESTOCK
02/18/03 Page 2 of 14
_ •
LJ
It will be expressly prohibited to board or keep any livestock, which includes
horses, anywhere within the PUD. Adam's Rib, or its operator, may use
horses for western style events, such as sleigh rides but no overnight
boarding will occur on the PUD.
4.0 BEARS AND MOUNTAIN LIONS/TRASH REMOVAL/NUISANCE
WILDLIFE
The PUD contains some high quality black bear habitat in and around the
Frost Creek area on the PUD. Black bears are known to travel great distances
in their daily seasonal movements. Most bears do not cause damage where
residential areas have encroached into bear habitat. The key is that if a bear
doesn't fmd food it will move on. Black bears are omnivorous and while they
mostly eat vegetation, they will eat almost anything. They will eat human
food, garbage, hummingbird nectar, birdseed, pet food, grease off grills,
suntan lotion, etc. Garbage generally provides the greatest attraction for
bears to residential developments. Once a bear has found an easily
accessible, consistent food source, it will overcome its wariness of people and
visit the site regularly. This increases the chance of a bear-human encounter.
After repeated use of the food source, the bear may even act aggressively
toward residents, their pets, or their unsuspecting neighbors. When this
happens and wildlife authorities are notified, the bear may be killed to
protect human safety.
The following measures will be required to reduce potential bear problems:
1. All lots must use a bear proof trash can.
2. There will be no outside storage of any trash or garbage, no matter
how briefly (e.g. overnight), at any residence or anywhere in the
development, except for the bear-proof trash containers.
3. There shall be no dumps or underground disposal within the
development. Buried garbage will attract bears.
4. Residents will be prohibited from using a garden compost pile, unless
the compost pile is contained in a bear-proof receptacle, meeting
North American Bear Society, CDOW, or U.S. National Park Service
specifications and DRC approval. Residents will be educated that
household and garden waste contributions to compost piles compose
the materials that can attract bears and create problems. Composted
yard waste consisting of leaves, grass, small branches, etc. do not
usually attract bears.
02/18/03 Page 3 of 14
•
S. Pets shall not be fed outside. Bowls of pet food left on the back deck
will attract bears and other predators (e.g., coyotes) and nuisance
species (e.g. skunks) of wildlife. Some of these wildlife species may
carry disease that can be transmitted to pets, if the pets aren't eaten.
Bird feeders must be taken in at night..
6. Homeowners will be educated about bears and other local wildlife via
CDOW's brochure entitled: "Living with Wildlife in Bear Country".
One copy of the brochure(s) will be provided to each homeowner at
the closing of homes. (See also Educating Residents, 11.0)
Mountain lions are occasionally present year-round on the Adam's Rib
properties, but may be more common from fall through spring when deer
and elk (prey species) are wintering and fawning/calving at lower elevations.
In other areas of Colorado, where subdivisions encroached upon mountain
lion habitat containing high concentrations of prey species, encounters
between lions, humans, and their pets and livestock have increased. The
following measures will be implemented to minimized lion-human conflicts:
1. All residents and perspective residents will, as available,
receive a copy of the CDOW's brochure entitled "Living with
Wildlife in Mountain Lion Country:'
2. With the exception of bird feeders, the feeding, baiting, salting,
or other means of attracting wildlife to individual yards or
development facilities will be prohibited within this PUD.
5.0 RIPARIAN/WETLANDS
Riparian habitats support some of the highest wildlife values of any habitat
type. Riparian enhancement for reaches along Brush Creek and Frost Creek
on the PUD will help this community achieve its wildlife potential and
improve non-game and. fishery values.
Permanent impacts to wetlands will be avoided. Riparian areas will also avoid
permanent impacts except for proposed roadway, golf crossings and
development, where impacts will be minimized.
Golf education and appropriate signage will be in place to inform golfers of
the rules and regulations on avoiding wetlands and sensitive areas.
To offset the 2 acres of riparian being effected by the golf course the lake east
of lot number 2 will be made wildlife friendly by designing it to accommodate
riparian vegetation. The shoreline will be shallow-water area that allows for
these types of vegetation.
02/ 18/03 Page 4 of 14
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6.0 CONSERVATION EASEMENT
The easement will be granted in perpetuity, on, over, and across the designated
areas to protect and preserve the conservation values of the natural, ecological,
riparian, wetlands habitat, wildlife habitat, scenic and other open space values.
Passive recreational opportunities may occur on the Easement Property. The
following provisions will be included within the easement and are based on standard
conservation easement provisions that are tailored to specific properties:
"Rights of Grantee. To accomplish the purposes set forth herein for the Easement,
the following rights are hereby conveyed to Grantee by Grantor, with such rights to
be exercised subject to Grantee's reasonable judgment:
(a) To identify, preserve and protect in perpetuity the Conservation
Values of the Easement Property, to restore the significant ecological
features and values of the Easement Property in the event of their
degradation or destruction, and to construct and/or introduce other
beneficial natural components upon the Easement Property;
(b) To enter upon the Easement Property and Grantor's Property in
order to monitor Grantor's, the specific homeowner's, and the
public's compliance with this Easement and to enforce the terms of
this grant of Easement, and for educational, monitoring, and scientific
purposes related to the Easement Property, including without
limitation monitoring, construction, restoration and/or rehabilitation
of the riparian and fishing habitat, plants and vegetation, and any
other attribute of the Easement Property, in the sole discretion of
Grantee. Grantee, its employees and authorized agents shall not
disturb any use of Grantor's Property outside of the Easement
Property by Grantor, its successors, agents or employees, and
specifically shall not disturb any ditches, headgates or running water;
shall stay on existing roadways or pathways whenever possible; and
not disturb survey stakes or equipment, utilities, or other
improvements specifically authorized hereunder. Following any
development of the Grantor's Property, the Grantee's rights of access
through the Property to the Easement Property shall be limited to
streets, roads and paths as shown on the final plats for such
development, or to routes reasonably designated by the Grantor or
intended for use by the public or Grantee;
(c) To enhance the Conservation Values along Brush Creek, Slat Creek,
and any other area within the Easement Property by conducting
planting, irrigation, water channel restoration, spawning habitat
improvement and related necessary or any other activities as may be
necessary to restore, enhance, protect and preserve the Conservation
Values within the Easement Property, at the discretion of the
Grantee;
(d) To enforce against and prevent any activity on or use of the Easement
Property that is inconsistent with the purpose of this grant of
02/18/03 Page 5 of 14
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Easement, including use of the Easement Property by the public
which is not specifically allowed or recognized herein, and to require
the restoration of such areas or features of the Easement Property
that may be damaged by any inconsistent activity or use; and
(e) To place signs or other informational postings on the Easement
Property which identify the Easement Property as being protected by
this Conservation Easement;
(f) To require restoration of the areas or features of the Easement
Property which are damaged by activity inconsistent with this
Conservation Easement or require compensation for such damages;
(g) To immediately enter upon the Easement Property to prevent damage
to or the destruction or degradation of the Conservation Values
identified in this Easement; and
(h) To perform such activities on the Easement Property as the Grantee
deems reasonably necessary in order to carry out any and all rights
granted by this Easement.
Prohibited Uses. Any activity on or use of the Easement Property inconsistent with
the purpose of this grant of Easement is prohibited. Without limiting the generality
of the foregoing, the following activities and uses on the Easement Property are
expressly prohibited, unless specifically allowed elsewhere in this Agreement:
(a) Subdivision or development of any nature;
(b) Any residential, commercial or industrial development
or use;
(c) Any active recreational activities;
(d) Any vehicular (car, truck, motorcycle, snowmobile, etc.) use, except as
may be necessary in emergency situations or to preserve, enhance or
protect the Easement, at the discretion of Grantee;
(e) Parking, storage, or dumping of any kind;
(f) Coverage of land by asphalt, concrete, or other material that does not
constitute a natural cover for the land;
(g) Location of any buildings, structures, roads or other
improvements except for those roads, bridges, paths, ditches
and utilities shown on any applicable fmal plat that includes
the Easement Property;
(h) Alteration of the land surface through grading, soil dumping,
trenching, vegetation removal or trimming or any other method
except as may be otherwise approved by Grantee, or necessary for
activities related to the purpose of this grant of Easement such as
irrigation operations, maintenance, improvements or repair, utility
maintenance, repair, or replacement, or road maintenance, repair,
and improvement subject to remediation, habitat restoration and
preservation, as appropriate to mitigate any impacts;
02/ 18/03 Page 6 of 14
(j) Exploration or mining for any mineral, coal or other hydrocarbons,
or other materials or substances, or excavation or quarrying for
gravel, soil, rock, sand or similar materials;
(k) Placement of any advertising signs or billboards; .
(Z) Cutting or removal of trees, shrubs, or any other vegetation, except as
necessary for elimination of diseased growth, noxious weeds and
similar protective measures related to habitat preservation and
enhancement at the discretion of Grantee;
(m) Introduction of nonnative plants and animal species within riparian
areas that may compete with and result in the decline or elimination
of natural species, unless otherwise approved by Grantee. Any new
plantings introductions shall be confined to native plants
characteristic of the riparian region;
(n) No livestock shall be brought or allowed upon the Easement Property
and the Grantor shall be responsible for removing any livestock that
enters onto the Easement Property;
(o) Any use that would cause, increase, or substantially add to the risk of
soil erosion;
(p) Use of any chemical agents such as weed control agents or other
herbicides or pesticides not approved by state law or otherwise
approved by Grantee;
(q) Public use of and access upon the Easement Property, except as
allowed by the Grantee in furtherance of the purposes of this
Easement for passive recreation purposes;
(r) Dumping or other disposal of toxic and/or hazardous materials or of
other forms of refuse or trash. This prohibition does not impose any
liability on Grantee, nor shall Grantee be construed as having liability
as a "responsible party" under CERCLA or similar federal or state
statutes; and
(s) Any and all other prohibited uses of the Property as set forth
herein or declared by Grantee.
Reserved Riehts. Grantor reserves unto itself all rights accruing from the
ownership of portions of the Easement Property, including the right to engage in or
permit or invite others to engage in all uses of the Easement Property that are not
expressly prohibited herein and are not inconsistent with the purpose of this grant
of Easement. In connection with the Easement granted herein, the following rights
are expressly reserved unto Grantor:
(a) The right to restore damage to the Easement Property that may be
caused by fire, flood, storm, earth movements, or acts beyond the
Grantor's control;
(b) The right to maintain any trails located upon the Easement Property
as set forth herein;
(c) The right to mutually, with Grantee, enforce against and prevent any
prohibited action set forth herein on the Easement Property by any
02/18/03 Page 7 of 14
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entity and to erect appropriate signage, upon review and approval of
Grantee, indicating the presence of the Easement and the boundaries
thereof;
(d) All water rights used on or appurtenant to the Easement Property
(unless specifically conveyed to or owned by Grantee), including but
not limited to riparian, groundwater, appropriated, and augmented
water rights, as well as the right to change the point of diversion, use
and place of use of such water rights, and to dry up or cease irrigating
fields historically irrigated thereby, whether on Grantor's Property or
the Easement Property, and alter the pattern/timing of surface or
subsurface water flow (e.g., change of water flows from historic flood
irrigation to controlled water landscaping or irrigation features or by
the construction of roads, impervious surfaces or other improvements
on the Property or allowed on the Easement Property); provided,
however, that until the Property is developed, Grantor shall have the
right, except as required for development or permitting purposes, to
reasonably continue historic patterns of irrigation on the Property as
allowed by the water. rights used upon or appurtenant thereto;
(g) Rights of access on, over and across the Easement Property in
furtherance of maintenance and preservation of the Easement and the
Conservation Values set forth therein; and
( h) The right to construct, reconstruct, operate, maintain, repair,
improve, and replace any rods, bridges, paths, utilities, and ditches
that may be located within the Easement Property or identified on the
final plat that includes the Easement Property, provided that any and
all applicable authorizations and permits are obtained.
7.0 WILDLIFE MITIGATION
Adam's Rib is affecting 10 acres of wildlife habit. Adam's Rib will pay a
mitigation trust amount at the final plat recording to the Colorado Wildlife
Heritage Foundation to be kept in the Eagle Wildlife Mitigation Trust Fund
based on the following formula;
10 acres impacted X 1.57 (conversion factor) =15.7 acres
15.7 acres X .$69.00 (cost of fertilizing 1 acre) _ $1,083.30
$1,083.30 = 3 years = $361.10
$361.10 = .05 = $7,222.00
$7,222.00 is the amount to be put into trust fund.
8.0 CDOW INDEMNIFICATION
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C. Any bridge construction work that would cause impacts to creeks will be
restricted to after runoff, the time period of July 15 to October 15. Any
bridge construction work that will not cause impacts to creeks can occur at
any time.
11.0 ENFORCEMENT
The authority to enforce the terms of this Plan is granted to the Adam's Rib
PUD Homeowner's Association. In the event that there is a violation of this
Plan by an owner within Adam's Rib PUD of the Homeowners Association,
then the following procedures shall be taken by the Homeowners Association
to enforce the terms hereof:
1. The owner violating the Plan shall first receive a written warning of the
violation.. The violation shall be cured right away. In those applications
where it will take a reasonable and sensible person a greater time period
to correct the infraction, then a grace period will be allowed in which
immediate steps to correct the infraction will be taken. Examples might
be a fence removal or the reclamation of ground disturbance.
2. If a second offense occurs of the same type of violation or the owner does
not immediately, or within the grace period given, correct the initial
violation, then a fine of $100 will be assessed against the owner.
3. If a third offense occurs of the same type of violation or the owner
continues to not immediately correct the violation then a fine of $400 will
be assessed against the owner.
4. If the fourth offense occurs of the same type of violation or the owner
continues to not immediately correct the violation then a fine of $400 will
be assessed against the owner. If the fourth offense and fine is the result
of a dog, then-the removal of the dog from the PUD will be taken, which is
causing the problem, for a period of not less than 6 months. Any
subsequent dog violation will result in the permanent removal of the
offending animal.
5. If a fifth offense occurs of the same type of violation or the owner
continues to immediately not correct the violation then a fine of $800 will
be assessed against the owner.
6. Any subsequent violation or the owner continues to not immediately
correct the problem the fine will continue to double until the 10~` offense.
At this time the accrued unpaid fines shall be assessed an annual
compounding rate of 20%.
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The above provisions relating to "owners" also include by this reference the
Homeowners Association.
The authority to enforce the terms of this Plan with respect to the golf course
property is granted to the Golf Course Operator. In the event that there is a
violation of this Plan by a golfer on the Frost Creek golf course property, then the
following procedures shall be taken by the Golf Course Operator to enforce the
terms hereof:
1. The golfer violating the Plan shall first receive a written warning of the
violation. The violation shall be cured right away.
2. If a second offense occurs of the same type of violation or the golfer does
not immediately correct the initial violation, then a fine of $100 will be
assessed against the owner.
3. If a third offense occurs of the same type of violation or the golfer
continues to not immediately correct the violation then a fine of $400 will
be assessed against the golfer.
4. If a fourth offense occurs of the same type of violation or the golfer
continues to immediately not correct the violation then a fine of $800 will
be assessed against the golfer.
5. Any subsequent violation or the golfer continues to not immediately
correct the problem the golfer will loss all golf privileges at the Frost
Creek golf course for a year.
All collected fines will be paid to the Wildlife Trust Fund.
Other Provisions of Enforcement:
The homeowner's association may take such action as is reasonably
necessary to cause the violation to cease, including entry on the property
of the owner if necessary. For example, in the event of a pet or livestock
violation, the animal(s) which are in violation may be removed from the
owner's property for permanent disposition if prohibited or for a period
of six (~ months if the animal(s) are permitted but are violating the Plan.
Enforcement of animal violations will be made otily with respect to the
express provisions of this Plan (or as otherwise set forth in the
homeowner documents of the association). Additional rules and laws of
Eagle County (such as those regarding leash requirements, barking, etc.)
are also subject to enforcement by Eagle County within the PUD.
02/18/03 Page 11 of 14
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• Payment of Fines: If an offender refuses to pay fines in a timely manner
(not to exceed 21 days after the second offense, l0 days after the third
offense and 3 days after each subsequent offense) then each non-payment
constitutes a separate violation of offense. Continued non-correction of
the offense is also considered a violation or offense. All legal remedies
available under the laws of the State of Colorado for the Homeowner's
Association to remedy the offense(s) including possible court action
and/or the filing of liens, may be placed on the owner for the continuing
offenses(s). Cost of collection/remedy of violations/fines may be assessed
the owner.
• If after a consecutive 12-month period with no similar violations then a
written warning will be the next and first offense.
• 15% of the fines go to the Homeowners Association to cover
administrative costs and 85% go to the Wildlife Trust Fund. In the event
of added administrative costs due to enforcement of these provisions
against an offender then the Homeowners Board may allocate a higher
percentage of fine revenue to cover actual costs only.
• An owner, for the purpose of this Section 10.0 and these wildlife
mitigation and restrictions shall mean any person residing in the Adam's
Rib PUD whether an actual owner, renter or leases or occupant.
• Any guest/visitor of any owner who violates these wildlife regulations will
be subject to the fines or violations or both as set forth herein. If the
fines are not paid or, the violations are not remedied by such guest then
the owner will be responsible for the payment of the fine and any other
appropriate remedy. Any golfer who violates any provision of golf play
as it pertains to this Wildlife Agreement will be subject to the above
enforcement schedule. A guest of any owner will also be prevented from
playing on the golf courses if any fines or violations or both attributable
to such guest remain outstanding or unresolved.
• If an employee within the PUD is found to be in violation of these
provisions then said employee is subject to the same enforcement
provisions and any other disciplinary action taken by the employer,
including the possible loss of employment.
Any contractor, subcontractor and/or their workers who violate a
provision of this plan shall immediately remedy the situation and receive
a warning. A second subsequent and similar violation shall result in the
immediate eviction of said person(s) for a 24-hour period from the PUD
and a remedy of the problem. A third subsequent and similar violation
will result in the immediate eviction of said person(s) for seven (7)
consecutive days and a remedy of the problem. A fourth subsequent and
02/18/03 Page 12 of 14
•
similar violation will result in the immediate and permanent eviction of
said person(s) from the PUD and a remedy of the problem.
If the association or its authorized agents(s) knowingly fail to enforce the
Plan, and association guidelines and covenants, the association will be in
violation and will be fined according to the fine structure outlined in this
section. The exception of not being able to recover any administrative costs
associated with the fines.
• Whenever there is a conflict between development declarations,
guidelines, covenants, conditions, and/or restrictions; then the most
restrictive provision will apply.
• Eagle County and the CDOW may enforce any and all provisions of this
Wildlife Mitigation and Enhancement Plan, in their sole discretion.
12.0 EDUCATING RESIDENTS AND GOLFERS
Homeowner's moving to the PUD will do so partly because of the natural
setting and the wildlife it contains. Many homeowners will be unfamiliar
with the wildlife of Colorado and its mountains and the responsibility that
goes with living in this setting. Homeowners generally do not want to
disturb, harass, or impact wildlife, but they may unwittingly do so. Adam's
Rib will develop information such as a brochure that educates homeowners
about the local wildlife community, what planning went into the design of the
PUD to accommodate future needs of wildlife, what must be done to ensure
that this wildlife use continues and certain stewardship responsibilities and
demands that go along with living in the PUD. To be addressed in this
wildlife information will be possible wildlife conflicts which may occur in the
PUD and ways to minimize those conflicts. Area birds and both large and
small mammals, which people may have conflict with, will be covered in the
homeowner's information and provided to the residents of the development
at the time of closing. A copy of this Wildlife Mitigation Plan will be given to
each owner at closing. In the case of non-owner residents, a copy of the
Wildlife Mitigation Plan will be provided at the time they move into the PUD.
All golfers will receive information regarding the appropriate provisions of
this Plan when they sign up for a round of golf.
13.0 WILDLIFE MORTALITY ON LOCAL ROADS
Vehicle speeds on most proposed roads within the Adam's Rib PUD, should
be slow enough to avoid killing most wildlife that may be crossing roads.
Adam's Rib is not presently used as a significant east-west wildlife movement
corridor, although that could change. Deer, elk and bear do cross the Brush
Creek Road and parts of this property.
02/ 18/03 Page 13 of 14
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The Adam's Rib PUD, however, is accessed by high speed roads, including I-
70, Highway 6, and portions of Brush Creek Road north of the property,
where moderate numbers of deer and elk are killed by vehicles each year.
Obeying posted speed limits would not only reduce- wildlife mortality, but
would also reduce the risks of damage to personal property and injury to
motorists. Adam's Rib PUD residents should be educated about avoiding
wildlife on roads in any educational information that is developed.
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