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HomeMy WebLinkAboutR08-056 McCoy Creek Cabins PUD Sketch Plan Approval EAGLE COUNTY, CO 200810847 TEAK J SIMONTON Pgs: 35 03 :08 :15PM 05/21/2008 /2008 REC: Y9.00 DOC: $ 1111 11 111 I i 11 I111 Commissioner Wt-....e--(CUc...A 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2008 - d � (D APPROVAL OF THE McCOY CREEK CABINS PLANNED UNIT DEVELOPMENT SKETCH/PRELIMINARY PLAN AND ZONE CHANGE FILE NO. PDSP- 00027; ZC -00091 WHEREAS, on or about December 20 2007, the County of Eagle, State of Colorado, accepted for filing an application submitted by Ron Reynolds, (hereinafter "Applicant ") for approval of a Planned Unit Development Sketch/Preliminary Plan and Zone Change for the McCoy Creek Cabins Planned Unit Development, File No. PDSP -00027 and ZC- 00091; and WHEREAS, the Applicant requested approval of the McCoy Creek Cabins PUD Guide (the "Sketch/Preliminary Plan") and Zone Change which would allow the creation of a residential PUD on approximately 10 acres in the greater Edwards area; specifically on a parcel surrounded by the Arrowhead at Vail PUD (see attached Exhibit "A "); and WHEREAS, the applicant wishes to create a residential PUD that is comprised of up to a maximum of five (5) free - market residences on three (3) lots. Pursuant to the PUD approval: of the three lots, two (2) lots may have a duplex, two (2) cluster homes (smaller, detached single families) or one (1) larger single family home; the remaining lot is restricted to a single family dwelling. Additionally, this PUD also creates a trail, with trailhead parking, and reserves 87% of the property as open space; and WHEREAS, the existing, underlying property is currently zoned Resource prior to this zone change approval for Planned Unit Development (PUD); and WHEREAS, the development will occur within one (1) planning area, and is slated for development in one (1) phase; and WHEREAS, attached to this resolution is the approved McCoy Creek Cabins PUD Guide (Exhibit `B "); and WHEREAS, attached to this resolution is the approved McCoy Creek Cabins PUD Housing Plan and Agreement to purchase housing credits from Fox Hollow (Exhibit "C "); and Page 1 of 8 WHEREAS, notice of the combined PUD Sketch/Preliminary Plan and Zone Change was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and WHEREAS, this application is subject to the Road Impact Fees applicable January 23`a, 2008; and WHEREAS, at its public hearing(s) held March 19th, 2008 the Eagle County Planning Commission, based upon its findings, recommended DENIAL of the proposed PUD Sketch/Preliminary Plan and companion Zone Change; and WHEREAS, the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on Apri129'~', carefully considered this PUD Sketch/Preliminary Plan and Zone Change application and based upon the findings, APPROVED the proposed Zone Change; and WHEREAS, the Board of County Commissioners (hereinafter "the Board") of the County of Eagle, State of Colorado, on Apri129t'', carefully considered this PUD Sketch/Preliminary Plan and Zone Change application and based upon the findings, APPROVED with conditions the proposed PUD Sketch/Preliminary Plan; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Pursuant to Eagle County Land Use Regulations Section 5-230.D. Standards for the review of a Zone Change: (1) Consistent with Comprehensive Plan. The proposed amendment DOES consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and IS generally consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations. (2) Compatible with surrounding uses. The proposal provides ARE sufficiently compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. The dimensional limitations of the proposed zone district, when applied, DO result in development that will be generally harmonious with the physical character of existing neighborhood(s) surrounding the subject property. (3) Public Benefit. The proposal DOES sufficiently address a demonstrated community need or otherwise results in one or more particular public benefit that offset the impacts of the proposed uses requested, including but not limited to: affordable local resident housing; public recreational opportunities; preservation of land; and infrastructure improvements. (4) Change of Circumstances. The proposal DOES sufficiently address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. Page 2 of 8 (5) Adequate Infrastructure. The property subject to the proposal IS sufficiently served by adequate roads, water, sewer and other public use facilities. 3. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e. Standards for the review of a Sketch and Preliminary Plan for PUD: (1) Unified ownership or control. The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or entity. (2) Uses. The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The majority of residential uses ARE uses allowed in the Resource zone district; however, the duplex and patio home (cluster homes) ARE NOT currently permitted in the underlying Resource zone district. A list of all Variations for the Board's consideration has been submitted, analyzed and APPROVED; the current use variations were decidedly acceptable. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified under the existing zoning; however, the Board of County Commissioners has APPROVED the Variations for this Sketch/Preliminary Plan including general setbacks and stream setback minimums. (4) Off-Street Parking and Loading. The applicant HAS demonstrated that off-street parking and loading provided in the PUD CAN sufficiently comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. (5) Landscaping. It HAS been sufficiently demonstrated that landscaping provided in the PUD can generally comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. (6) Signs. The sign standards applicable to the PUD ARE in accordance with Article 4, Division 3, Sign Regulations. (7) Adequate Facilities. The Applicant HAS demonstrated that the development proposed in this SketchlPreliminary Plan for PUD will be provided adequate facilities for solid waste disposal. The applicant HAS demonstrated that the development proposed in the Sketch/Preliminary Plan for PUD will have adequate facilities for potable water and sewage disposal. It HAS BEEN demonstrated that the proposed PUD is generally located to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS been sufficiently demonstrated that the improvement standards applicable to the development are as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access; (b) Internal Pathways; (c) Emergency Vehicles; (d) Principal Access Points; (e) Snow Storage. This finding HAS BEEN found positive with the approval of all of the proposed Variations and/or deviations, by the Board of County Commissioners with this Sketch/Preliminary Plan. (9) Compatibility with Surrounding Land Uses. All aspects of the development proposed for the PUD ARE sufficiently compatible with the character of surrounding land uses. Page 3 of 8 (10) Consistent with Master Plan. The proposed SketchlPreliminary Plan IS sufficiently consistent with all stated purposes, goals, objectives and policies of applicable master plans. (11) Phasing. A phasing plan IS NOT necessary for this development (as it will be developed in one (1) phase, and has been included with the Sketch/Preliminary Plan. (12) Common Recreation and Open Space. The PUD HAS sufficiently demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resource Protection. The PUD application HAS sufficiently demonstrated that the recommendations made by the applicable analysis documents available at the time the application was analyzed, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been generally considered in the design. 4. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch/Preliminary Plan for Subdivision: (1) Consistency with Comprehensive Plan. The proposed Sketch/Preliminary Plan IS sufficiently consistent with stated purposes, goals, objectives and policies of applicable master plans. (2) Consistency with Land Use Regulations. The Applicant HAS generally demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. This fmding HAS BEEN found positive with the approval of all of the proposed Variations and/or deviations permitted with the PUD process, by the Board of County Commissioners with this Sketch/Preliminary Plan (3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS generally located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extension: Proposed utility extensions ARE consistent with the utility's service plan or that County approval of a service plan amendment will be given; or that road extensions are consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population: Utility lines WILL be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions: The entire range of necessary facilities CAN be provided, rather than incrementally extending a single service into an otherwise un-served area. Page 4 of 8 (4) Suitability for Development. The property to be subdivided IS generally suitable for development, considering its topography, environmental resources and natural or human- made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatibility with Surrounding Uses. The proposed subdivision IS sufficiently compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Zone Change for the McCoy Creek Cabins PUD, File No. ZC-00091 be, and is hereby approved. THAT, the PUD Sketch/Preliminary Plan for the McCoy Creek Cabins PUD, File No. PDSP- 00027 be, and is hereby approved with the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. The wildlife mitigation and enhancement plan must be amended to include a provision that the feeding, baiting, salting or other means of attracting wildlife to the property is prohibited. The plan shall be recorded as an attachment to the PUD guide for McCoy Creek Cabins; 3. All refuse must be contained in wildlife-proof (bear-proof) receptacles or as permitted pursuant to the Eagle County Land Use Regulations; 4. No development shall be permitted in the Open Space area of this PUD with the exception of geologic hazard mitigation, driveway/road construction and/or maintenance and erosion control or riparian enhancement measures; 5. The PUD Guide shall be modified to add language regarding dog control and fencing, as well as to prohibit trail construction and/or structures in the Open Space tract. 6. The buildings should utilize finish materials and colors designed to "blend" in with the surrounding landscape, prohibiting bright finish colors; 7. All fmal/executed inclusionary agreements between McCoy Creek Cabins PUD and the Arrowhead at Vail Homeowners Association, the Arrowhead Metropolitan District, and Vail Associates must be included in the application for the McCoy Creek Cabins PUD Final Plat; 8. The McCoy Creek Cabins PUD Housing Plan and PUD guide must be updated/finalized and provided to Staff prior to the recording of the Resolution for these applications; (Note: all documents have been updated and are attached to this Resolution) 9. No wood burning devices shall be permitted in the McCoy Creek Cabins PUD; Page 5 of 8 10. Any necessary Army Corps of Engineers permits must be obtained prior to scheduling of the McCoy Creek Cabins PUD Final Plat application for Hearing; 11. In order to maintain water quality of McCoy Creek, strict erosion controUriparian protection measures must be implemented with any grading and/or building permit; or when removing junk and waste material from the site. The measures, as proposed by the applicant, must be approved by both the Environmental Health and Engineering Departments; 12. Covenants for the McCoy Creek Cabins must include the following provisions: a. Snow removal: language which clearly restricts how snow is to be treated (removed or placed) in order to ensure residents are adhering to the plan as submitted with this application; b. Reference that requires residents to adhere to the specific Wildlife Mitigation and Enhancement Plan for McCoy Creek Cabins PUD; c. Language regarding dog control and fencing. 13. The trailhead parking area must include signage that identifies handicapped accessible parking spot. 14. Signs must be posted at the trailhead parking area and gate separating the subject property from the Arrowhead at Vail PUD that announces the seasonal wildlife closure of the trail and/or access to lands beyond the Mann parcel. 15. In addition to complying with the requirements of the housing plan as reflected by letter of April 15, 2008 from Alex Potente, Director of Housing and Development to Jena Skinner- Markowitz, Planner in Community Development, the applicant or any subsequent purchasers of lots 1, 2 or 3, or any successor in interest to the applicant or subsequent purchaser or assigns thereof, shall, in a form approved by the Eagle County Attorney's Office, pay the following to Eagle County: a. $83,333.33 upon the issuance of the first building permit for lot 1; b. $83,333.33 upon the issuance of the first building permit for lot 2; c. $83,333.33 upon the issuance of the first building permit for lot 3. 16. The applicant shall pay $15,000.00 for contributions to the Division of Wildlife Heritage Foundation prior to recording of the PUD Final Plat. 17. An additional plat note, subject to approval by the Eagle County Attorney's Office, shall be added to the plat referencing the additional housing payment (as required in Condition 15). Page 6 of 8 THAT, the Sketch/ Preliminary Plan including all attached Exhibits, submitted under this application and hereby approved, does constitute a "site specific development plan" as that phrase is defined and used in C.R.S. Section 24-68-101, et seq., creating rights as provided under Colorado law. THAT the Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this (~-, day of ~-K--~-t , 2008, nunc pro tunc to the 29t1i day of April, 2008. A BY: Teak J. Simonton Clerk to the Board of .., - ~ - Peter F. Runyon, Chair BY:~ Sara BY: Arn: By and Commissioner Commissioner ~ ~C-1'i- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon ~ a Commissioner Sara J. Fisher Commissioner Arn M. Menconi ( ~, +. ~~ o This Resolution passed by County of Eagle, State of Colorado. COUNTY OF EAGLE, STATE OF ~.ItS BOARD OF COUNTY vote of the Board of County Commissioner of the Page 7 of 8 County Commissioners ~jy•~ ~ ~ pll.i1U1"`~ Legal Description of the Property A portion of the West 1/2 of the Northwest 1/4 of Section 15, Township 5 South, Range 82 West, 6th Principal Meridian, Eagle County, Colorado described as follows: Beginning at a point from whence the Section Corner, common to Sections 2, 3, 10 and 11, in said Township and Range bears N38°12'45"E, 7755.35 feet; thence S75°36'40"E, 585.43 feet; thence S25°11'35"W, 757.57 feet; thence N75°36'40"W, 585.43 feet; thence N25°11'35"E, 757.57 feet to the Point of Beginning, containing 10.00 acres, more or less. Page 8 of 8 PDSP-00027; ZC-00091 McCoy Creek Cabins PUD Use of this map should be for general and e informational purposes only. Eagle County does not warrant the accuracy of the data contained herein EAGLE COUNTY EXHIBIT 1~ Q ~~ McCoy Creek Cabins PUD Guide 1. Intent 8~ Purpose of PUD Guidelines The intent of this PUD is to create a residential project consistent with the high quality environmentally sensitive design and architecture of the Arrowhead community. The project will create an environment which primarily utilizes existing disturbed areas to create three individual home sites surrounded by platted open space. The Arrowhead Mountain Design Guidelines and Regulations (Adopted March 6, 2001, as amended) shall govern the design approval process for each residence. 2. General PUD Information The PUD contains a maximum of 5 dwelling units on 3 individual home sites or lots, of which two lots may be built as a duplex, cluster homes, or single family dwelling unit configuration. All residential and accessory structures and associated disturbances must be entirely contained in the platted building lots (Home Site Building Envelopes); there are no maximum building coverage requirements. A public trailhead parking area is also located on the PUD plans along the east side of McCoy Creek. The individual home owners, through the Homeowners Association and the Arrowhead Metropolitan District, shall be responsible for the maintenance of, including but not limited to, all landscaping, snow storage, driveways, drainage and common improvements. 3. Permitted Uses, Building and Parking Standards Land Use Acres 8~ of Site Residential Lots 1-3 .591 5.9% Open Space (Tract A) 9.168 91% Access 8~ Trail Parking (Tract B) .241 2.4% Total Site 10 Acres 100% Note: Open Space includes grading, maintenance and utility installations associated with creating and maintaining the access drive which is located in an easement overlaying the Open Space Tract. These disturbances account for an additional 1.2 acres within the open space, providing for 87% of the site as un-disturbed open space. McCoy Creek Cabins PUD Guide April 29, 2008 Page 1 of 8 Home Site -lot 1: Purpose: To provide a site for one duplex dwelling (2 units), cluster homes (2 units), or one single family dwelling (1 unit) to be located entirely in specified building envelope. Uses by Right: a. A duplex or cluster home residence with a minimum floor area of 2,500 square feet each dwelling unit, not to exceed a maximum gross floor area of 10,000 square feet combined for two dwelling units. b. A single family residence with a minimum floor area of 2,500 square feet not to exceed 8,500 square feet of maximum gross floor area. c. Common access, driveway and parking areas. d. Common landscaping and courtyard areas. e. Accessory uses customarily appurtenant to residential homes. f. Utility Services. g. Home Occupation as defined by ECLUR 3-310. h. Construction trailer and staging for construction for the PUD homes and facilities. Maximum Building Height: 35 Feet. Home Site -lot 2: Purpose: To provide a site for one duplex dwelling (2 units), cluster homes (2 units) or one single family dwelling (1 unit) to be located entirely in specified building envelope. Uses by Right: a. A duplex or cluster home residence with a minimum floor area of 2,500 square feet each dwelling unit, not to exceed a maximum gross floor area of 10,000 square feet combined for two dwelling units. b. A single family residence with a minimum floor area of 2,500 square feet not to exceed 8,500 square feet of maximum gross floor area. c. Common access, driveway and parking areas. d. Common landscaping and courtyard areas. McCoy Creek Cabins PUD Guide April 29, 2008 Page 2 of 8 e. Accessory uses customarily appurtenant to residential homes. f. Utility Services. g. Home Occupation as defined by ECLUR 3-310. h. Construction trailer and staging for construction for the PUD homes and facilities. Maximum Building Height: 35 Feet. Home Site -Lot 3: Purpose: To provide a site for one single family dwelling (1 unit) to be located entirely in specified building envelope. Uses by Right: a. A single family residence with a minimum floor area of 2,500 square feet not to exceed a maximum gross floor area of 8,500 square feet. b. Common access, driveway and parking areas. c. Common landscaping and courtyard areas. d. Accessory uses customarily appurtenant to residential homes. e. Utility Services. f. Home Occupation as defined by ECLUR 3-310. g. Construction trailer and staging for construction for the PUD homes and facilities. Maximum Building Height: 35 Feet. Open Space -Tract A: Purpose: To provide a community open space parcel. Uses by Right: a. Open Space. b. Landscaping, habitat restoration, wildlife enhancement, geologic and wildfire mitigation, as necessary and/or permitted. c. Road, pedestrian, driveway including road and utility installation, stabilization and maintenance. McCoy Creek Cabins PUD Guide April 29, 2008 Page 3 of 8 Roadway, Drainage, Access and Utility -Tract B Purpose: To provide a tract for roadway, drainage, access and utility provision to serve the property. Uses by Right: a. Road, pedestrian, driveway including road and utility installation, stabilization and maintenance. b. Trailhead Parking. c. Landscaping, project and trailhead signage and lighting. d. Underground Utilities. 4. PUD Standards and Definitions: Building Envelopes (Home Site Building Envelopes): The area designated on the approved final plat drawings recorded with Eagle County in which the required Home Site has been designed. The Building Envelope and Lot property boundaries are the same, and may not be amended without a major modification of the PUD guide as described herein. Building Height: Building Height (exclusive of chimneys) shall be measured from any point around the building at existing or finished grade (whichever is more restrictive) to the midpoint of the highest sloping roof above. Height measurement of buildings with stepped roofs will be at the discretion of the Design Review Committee ("DRC"). Cluster Homes: The term "Cluster Home" shall refer to any group of attached or detached single family units with integrated private garages and a consistent architectural design in a consolidated neighborhood or neighborhoods. Maximum Gross Floor Area: "Maximum Gross Floor Area" means the sum of the gross horizontal areas of all floors of a building measured from the outside of framing walls, including but not limited to, lofts, stairways, fireplaces, halls, habitable attics, bathrooms, closets; and storage or utility/mechanical areas; and not including crawl space, basements, garages or areas designed for parking or loading within the building. The DRC fee and review is based on this square footage. Basements which have any exposed exterior walls with windows and/or doors shall be included in the Maximum Gross Floor Area calculations for these guidelines. The area within a basement will be included in the calculation of Maximum Gross Floor Area when the floor area above such level is greater than or equal to 4 feet above McCoy Creek Cabins PUD Guide April 29, 2008 Page 4 of 8 existing grade. The area will be included for a depth of 14 feet. Maximum Gross Floor Area for each lot is as stated in the McCoy Creek Cabins PUD. Minimum Floor Area: "Minimum Floor Area" shall be 2,500 square feet for single family, cluster home or duplex residences ("floor area" is defined the some as in "Maximum Gross Floor Area" above). Minimum Setbacks: a. All buildings and portions thereof and accessory/appurtenant residential structures shall be contained within the specified building Home Sites, the property boundaries of which define the limitations for residential structures and associated disturbances. b. Setback Requirements. There are no minimum setbacks for Eagle County review, except as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. On Lot 1 only, no part of any structure may encroach below or within twelve inches above the elevation of the 100 year flood plain, provided however that cantilevered architectural features may encroach into this area through specific approval by the Arrowhead Design Review Committee. c. Residential Square Footage and both Minimum and Maximum Gross Floor Area shall be calculated according to the provisions contained within the Arrowhead Mountain Design Guidelines and Regulations, Adopted March 6, 2001 (as amended). Parking Standards: a. Residential Unit: 2 spaces per dwelling unit, inclusive of garage spaces. b. Trailhead Parking: 5 spaces in total. c. Guest Parking: 1 per dwelling unit. Design Review: The Arrowhead Mountain Design Guidelines and Regulations (Adopted March 6, 2001, as amended) shall govern the design approval process for each residence. Design Review Approval is required prior to the issuance of building permits by Eagle County. 5. Sign Code/Lighting Standards Signs will be utilized for directional, trailhead and informational purposes only, and shall be approved by the Arrowhead Design Review Board at the time of Design Review for the project architecture. Lighting standards will comply with the Arrowhead McCoy Creek Cabins PUD Guide April 29, 2008 Page 5 of 8 Design Review Guidelines. No additional sign permitting is required by Eagle County provided project signage is approved by the Arrowhead Design Review Board. 6. Wildlife Mitigation The following wildlife mitigation measures are required: a. Per the Arrowhead Mountain Design Guidelines and Regulations, all dog runs and enclosures, when permitted, shall include a restrictive roof or fenced top over said enclosures to protect dogs and prevent conflicts with wildlife. b. Fences and gates may be built within the Home Sites, however, the Arrowhead Design Review Board shall require the use of wildlife friendly fencing. c. Trailhead Parking Signage shall include information announcing the seasonal wildlife closure of the trail and/or access to lands beyond the property. d. Feeding, baiting, salting or other means of attracting wildlife to the property is strictly prohibited. 7. Circulation Pattern Pedestrian access is described on the plat and shall be maintained by the Homeowners Association. Certain restrictions may apply to the use and status of pedestrian access, and these restrictions will be specified in the Homeowner Association documents. 8. Open Space and Recreation The Open Space (Tract A) is dedicated to the Association through the final plat. As proposed, 91 ~o of the total PUD area is dedicated to open space. Open space shall remain in an undisturbed and natural condition except as for provided by this PUD and required for wildlife and wildfire mitigation and enhancement through approval of Eagle County. 9. Landscaping and Area Restrictions Xeriscape landscaping, in accordance with the Arrowhead Mountain Design Guidelines and Regulations, will be incorporated into the common and private area landscape design and will be specified at Building Permit. 10. Amendments and Incorporation of Preliminary Plan McCoy Creek Cabins PUD Guide April 29, 2008 Page 6 of 8 The purpose of the PUD guide is to ensure the orderly use and development of the property in accordance with the standards, restrictions and regulations that govern the use of the land with the McCoy Creek Cabins PUD. The guide replaces the standard zoning provisions of Eagle County in order to allow for site-specific flexibility and restrictions that are more appropriate given the location, physical attributes and character of the project. The terms used herein shall refer to definitions provided in Article 2, Definitions, of the Eagle County Land Use Regulations on the effective date of this Planned Unit Development, unless such terms are otherwise specifically defined in this PUD guide. 1 1. Authority, Enforcement 8~ Conflict Authority for these guidelines is found with Section 5-240 of the Eagle County Land Use Regulations. The Board of County Commissioners of Eagle County, Colorado or any Owner shall have the right to enforce, by any proceeding law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provisions stated in these Guidelines. Failure by the Board of County Commissioners of Eagle County, Colorado, or by an Owner, to enforce any restriction contained herein shall not be deemed a waiver of the right to do so thereafter. The specific provisions of this guide shall prevail and govern the use of lands with the McCoy Creek Cabins PUD, however, where the provisions of this Guide do not specifically address a subject the provisions of the Arrowhead Mountain Design Guidelines and Regulations and the Eagle County Land Use Regulations, whichever is more restrictive, shall prevail. In case of dispute or ambiguity, the Board of County Commissioners or their appointed designee shall act to interpret. 12. Amendment Procedures Two types of modifications to the PUD are possible: A. Major Modifications shall be defined and processed, as required, in accordance with Section 5-240F.3.m, Amendment to Preliminary Plan for PUD, of the Eagle County Land Use Regulations ("ECLUR"), as amended. B. Minor Modifications are changes which do not significantly alter the original purpose, intent or concept of the project, but may instead result in a change in design of the development. These modifications may include, but are not limited to, internal driveway alignment alterations, additions of land uses not previously itemized, McCoy Creek Cabins PUD Guide April 29, 2008 Page 7 of 8 and minor shifts in lot and envelope locations, provided that the changes are similar in nature to the listed purpose, intent and uses of the PUD. Minor Modifications shall be under the authority of the Eagle County Community Development Director and may or may not require an amended final plat. The Director may approve such a minor request if he finds that: i. The request is consistent with the established goals, intent and purpose of the McCoy Creek Cabins PUD. ii. The request will not negatively impact adjacent land uses or the ability to implement the provisions and intent of this guide. Applications for Minor Modifications shall be processed in accordance with Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations ("ECLUR") and will be approved if found consistent with the intent, purpose and criteria stated herein and the Preliminary PUD Plan. 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ARROWHEAD VILLAGE oD BO%2}92 om =NE«EDJNK SK ETCH~PRELIMINARY PUD `=»"AF0$C0B1632 ~ ~ JOB NO 9]0-936-1263 SETBACK PUD EXHIBIT ~; ~; °-936-336. DATE 0}/0}/2DOB Bkronholmci~d com EXHIBIT /I N McCoy Creek Cabins PUD Housing Plan This application has been reviewed with both planning staff and the County Housing Director with respect to affordable housing impacts and the inclusion of a Housing Plan which is consistent with the County's interest in new development mitigating its impacts on affordable housing. As a result, the applicant has relied upon the proposed draft Eagle County Affordable Housing Guidelines (November 27, 2007 draft) as the basis for calculation of housing impact and dedication. Eagle County's draft guidelines are designed to acknowledge that certain developments, such as the McCoy Creek Cabins project, are inappropriate places for the development of new affordable housing and as such must either build affordable housing off site or comply through an alternative method. As proposed, the following calculation and Housing plan has been reviewed with the County Housing Director as the basis for purchase of Fox Hollow Affordable Housing credits, the sale of which helps to subsidize the land and development costs of the Habitat for Humanity site at Fox Hollow- an affordable housing project in Edwards. The calculation for 30 percent of total net square feet of new residential housing is as follows: Maximum Square Footage of McCoy Creek Cabins: 28,500 sq. feet (2 duplex residences (4 dwelling units) totaling 10,000 square feet each and 1 single family home totaling 8,500 square feet). "Grossed Up" square footage: 40,714 sq. feet (28,500/.7) Total Net Square Feet: 12,214 sq. feet (40,714 x .3) Total Affordable Housing Unit Credits: 12.86 (12,214/950) As agreed to with Eagle County, the developer will fulfill the project's housing mitigation requirement as follows: 1. The Developer shall purchase 24 Fox Hollow Affordable Housing Credits ("Credits"). The purchase of this quantity of housing credits is technically double the amount of credits required to be purchased. 2. The Developer shat! purchase 20 Credits at $20,833.33 per Credit at the time of final plat approval. 3. The Developer shall purchase an additional 4 Credits upon final inspection for the occupancy of the second building permit at the McCoy Creek Cabins PUD development. 4. Ms. Pinney has agreed to pay Habitat for Humanity $12,500 for each of the 24 Credits sold. Habitat for Humanity shall then repay the County $300,000 as provided for in the grant agreement with the County. This donation reflects the mitigation for 28,500 square feet of market-rate, large lot residential construction, which generates the need for 13 affordable housing units (12,214 square feet) under the new and not-yet adopted Housing Guidelines, or approximately $38,461 per affordable unit (or $100,000 per market rate unit proposed). A copy of the signed agreement between Developer (Ron Reynolds), Fox Hollow LLC, and Habitat for Humanity is attached to this Housing Plan for reference. Finally, the Developer has agreed to pay an additional dedication of $250,000.00 of funding to Eagle County's Housing program. The total payment shall be upon the issuance of the first building permit for each lot (Lots 1, 2 and 3), and as such, is equal to a one time payment of $83,333.33 for each permit issued. The specific mechanism of this additional payment shall be specified on the approved Final Plat for McCoy Creek Cabins. AFFORDABLE HOUSING Phone:970-328-8770 Fax:970-328-8787 E-mail: housing@eaglecounty.us www.eaglecounty.us EAGLE COUNTY VIA E-MAIL PDF April l5, 2008 Jena Skinner-Markowitz Planner Eagle County Community Development Dear Jena: Alex Potente Managing Director I have met with the McCoy Creek Developer, Ron Reynolds and his planner, Tambi Katieb of the Land Planning Collaborative, as well as Evelyn Pinney, the Managing Director of Fox Hollow LLC. Messrs. Reynolds and Katieb have offered the following to fulfill the project's housing mitigation requirement, as reflected in the attached letter: 1) Purchase of 24 Fox Hollow Affordable Housing Credits ("Credits"). 2) Mr. Reynolds shall purchase 20 Credits at $20,833.33 per Credit at the time of final plat approval. 3) Mr. Reynolds shall purchase an additional 4 Credits upon final inspection for the occupancy of the sec- ond building permit at the McCoy Creek development. 4) Mr. Pinney has agreed to pay Habitat for Humanity $12,500 for each of the 24 credits sold; Habitat shall then repay the County $300,000 as provided for in the grant agreement with the County. This donation reflects the mitigation for 28,500 sq. ft. of market-rate, large-lot residential construction, which generates the need for 13 affordable units (12,214 sq.ft.) under the new and not-yet-adopted Housing Guide- lines, or approximately $38,461 per affordable unit (or, viewed differently $100,000 per market-rate unit). The purchase of housing credits is technically double the amount of credits required to be purchased, al- though they are only a fraction of the dollar value of the in-lieu of payment that would be required under the proposed Eagle County Local-Resident Housing Guidelines and Administrative Procedures. I support this proposal for the following reasons: 1) The proposed Eagle County Local-Resident Housing Guidelines have not yet been adopted, but the applicant has voluntarily agreed to attempt to comply with them; 2) The Credits purchased technically exceed the mitigation required; 3) Under the Housing Guidelines currently in effect, the in-lieu of payment for five units would be ap- proximately $244,500, or less than half what the applicant has proposed to pay for the purchase of the Cred- its. Sincerely, Alex Potente Eagle County Housing Department, PO Box 850, Eagle, CO 81631 Rpr 04 2008 9:17RM Herthel Fisher and Co 970-926-0421 p.l April 2008 pox r~o~~.ow Lac Mr. Alex Ptrtenee Eagle County Housing Department PO Box 179 Eagla, CO 8'1631 Re: McCoy Creek Cabir-s / Sale of Affordable Dear Alex: APR 15 2QOQ EAGLE COUNTY COMMUNITY DEVELOPMENT Pear our roosnt meeting with you and Mr. Ron Reynolds, dave~oper i~ar the McCoy Creek Cabins. Fox Hoilotiv LLC has agreed to sell 24 Fox Hollow Affordable Housk-g Coedits to Ron Reynolds. It is proposed that this purchase and sale of housing crodits wW astisiy the Eagle Coney affordable Causing r+equir~srrnentae br the McCoy Creek project. Ths price for these credit w~i be 120,833.33 per credik for a total purchase price of 5500,000. The purchase price for 20 of the housing enedits shah be due and psyaWe by the McCoy Croak dawebper at the time d Mral plat appr+orai and nscording of the final plat. Paynxest for fha ronaining flour cred8s shah be due and paysWe upon tirtsl mspectbn for oot+cy of the seoorxi buidhtg psmMt at the McCoy Croak devebpment. Additiorroify, ~ this 15p0.000 ptmthase price, Foot Feoibw LLC agroes 1o pay Fiebilat fir HurrwMly of Eagle and Lslte Cr+aek Counties ('Hablla~') a focal sum of 1300.000. or 512,5001br esch d the 24 cretiNs soW. Payment from Fox Holow, te.C m IiabiteR shay otxsx when Fox Woroar. LLC reodiMes PaYmsnt for the ensdls, on a per-cxed~t basis. This paymerrt roprassnts a rwim~xssn+~t of a potion of tM purdrass pries for ~ Hebitfit for Humanity site at tJte Foot Hoibw PUD, as r+squir+ed by SeCion b.1 of tl1e Pur<:haea Agroemerrt. aoacubed Mar+clt 11, 2008 between Flsblat for Htxr+entily and Fox Hollow LLC. Habitat for Humanity vatl thorn 1+orward this 1300,000 to Eagle County as part of tla gram agreement with t.:,agte Cotmty This agr+esrr~sr>! applies only b this trarfsacfion, and in tta way binds Fax Ffolbr- LLC b a sitndar sgroernent with any futer~e ds~velopses. FMaae~ fist rrM ~ contact ms with any questions you ms~y haw. SinosMy, ~-- -- G~ Evelyn nay Managing Member Fox Hdiow LLC ~ ~- ROn Reynolds Date: ~ n H r Humanity off Eagle and Lake Counties ay. ~ ~ Date: Tide: ~tECEI~'ED F~.c~. ~ox } 54~; ^-vai~--cc+loradu SI 6781 `i4r ~~E~onc: 9p0-?~E-09 i 8 ~-ax: 9JJ-)2E~-042 } EXHIBIT ~~~ n McCoy Creek Cabins PUD Wildlife Mitigation Measures Summary Homes Site Placement: The location of the building envelopes within three of the flattest areas on the parcel is a key element in preventing significant impacts to big game herds that might occasionally use the property as transitional range. This places the homes to virtually eliminate any impact to habitat that has high vertical and horizontal quality. By avoiding steep slope development, the potential for sediment transport to McCoy Creek is significantly lower. Home Design: To minimize the zone of influence of the residences, construction should minimize damage to existing woody vegetation for the driveway and home construction wherever practical. This practice will minimize habitat loss and retains mature vegetation to shield the visual and acoustic impacts generated by the home. Open and/or unprotected windows are the primary access routes wildlife utilize to gain entry to homes. Any chimney fittings should be fitted with metal caps to prevent raccoons from accessing the vents. Feeding, baiting, salting or other means of attracting wildlife of any kind to the property is expressly prohibited. Fences and gates may be built within the Home Sites, however, the Arrowhead Design Review Board shall require the use of wildlife friendly fencing. Best Management Practices: Best Management Practices (BMP's) should be implemented during construction of the project, including silt fencing that is properly installed and maintained. Riparian plantings within the area of construction disturbance along McCoy Creek shall have a stand closure requirement within one complete growing season. Erosion and Sediment Control techniques and riparian protection measures shall be specified in the construction documents for the subdivision and in the building permits submitted for construction of each residence. These measures shall be implemented, inspected and maintained until construction is complete. Bears: The vast majority of bear/human conflicts arise due to improper disposal of trash and improper feeding of wildlife species. To alleviate this issue, homeowners shall be required to utilize heavy-duty wildlife-proof trash containers as specified by Eagle County and approved by the waste handler for the Arrowhead Metropolitan District. Under no circumstances should trash be left outside or in any storage or accessory building separate from the residence, unless that storage area has been designed as wildlife-proof and received approval from the Arrowhead Design Review Board. Bird feeders shall be mounted away from the house. Dogs: Per the Arrowhead Mountain Design Guidelines and Regulations, all dog runs and enclosures, when permitted, shall include a restrictive roof or fenced top over said enclosures to protect dogs and prevent conflicts with wildlife. If pets are kept indoors, they shall be fed inside the home and not on any deck or patio areas that would attract wildlife and create a nuisance condition (particularly with Bears). Landscaping: Developing the outdoor living areas surrounding each home with naturalizing landscapes (i.e. plantings that are left to naturalize with little or no maintenance) will help to reduce the impacts of development upon area wildlife. A list of deer and elk resistant plants is included in Appendix E of the Arrowhead Mountain Design Guidelines and Regulations, and shall be utilized and incorporated through the design review process for each Home Site. All residential lots shall be required to incorporate Xeriscape landscaping principles as specified by the Arrowhead Mountain Design Guidelines. Riparian and Wetland Areas: Riparian and wetland areas shall be protected from disturbance during construction. The areas not proposed for either temporary and permanent impacts as approved by the Army Corps of Engineers shall be delineated utilized silt fencing prior to and throughout the construction process. Additional Best Management Practices ("BMP's") shall be specified at the time of building permit application with the primary objective of minimizing dust, erosion and sediment control impacts on the riparian corridor of McCoy Creek. These BMP's should be regularly inspected and maintained throughout the period of construction. Off Site Wildlife Mitigation: The developer shall pay a one-time contribution of $15,000.00 to the Division of Wildlife Heritage Foundation prior to recording of the PUD Final Plat. Funding will be utilized by the Division of Wildlife for wildlife enhancement projects that will offset the potential impacts to existing habitats created by this development. GEEI'° WILDLI~`E EVALUATION McCoy Creek Cabins EAGLE COUI~TTY, COLORADO Prepared for: Ron Reynolds Lone Pine Ventures, LLC Prepared hy: GEE 2188 W. Canyon Ct. Grand Junction, Colorado 81503 April 2008 GEEI GEE, inc. 2231 Broadway, Suite 4 New York, NY 10024 ph (212) 579-6800 fax (212) 496-4034 www.ereateasternecoloav.com GEE-`° TABLE OF CONTENTS Section 1.0 Introduction 2.0 Proposed Action 3.0 Methods 4.0 Study Area 5.0 Significant Wildlife Use of the Property 6.0 Effects of the Proposed Single-Family Home Development 7.0 Mitigation Measures to Minimize Wildlife and Habitat Concerns $.0 Conclusions GEEI', 1.0 INTRODUCTION Ron Reynolds (the "Applicant") proposes three lots (two duplex and one single family) on the McCoy Creek Property located in the McCoy Creek drainage south of Edwards Colorado. The subject parcel includes approximately l0 acres and is bisected by McCoy Creek itself. The proposed development has potential to affect existing wildlife use of the property. In particular, potential impacts to big game (elk and mule deer) and non-game species dependent on the riparian corridor and the habitat types that exist within the McCoy Creek Area. These habitat areas are of primary concern to the Applicant, the Colorado Division of Wildlife (CDOW) and the Eagle County Planning .Department (the "County"). GEE was retained by the Applicant to evaluate existing wildlife use of the property and develop mitigation measures to minimize impacts of development on the wildlife habitat vatues of the property. This report is the result of that effort. Mitigation by definition is the process by which adverse effects of an activity on the environment are reduced or eliminated. Through careful review of the subject parcel, adjacent parcels, and experience with other projects within the Eagle River drainage, it is evident that the thoughtfulness of the development proposal will reduce potential impacts to wildlife, wedand and riparian habitat In addition, through incorporation of the proposed mitigation measures into the developmerrt of the proposed subdivision no significant adverse impacts to wildlife use of the property is expected. 2.0 PROPOSED ACTT©N The proposed development is located immediately adjacent m McCoy Creek at (TSS R82W W. '/z, NW i/4Sec. i 5), approximately 2 miles south east of the town of Edwards. Elevations range from 7800 feet to 800!0 feet, with a primarily northern exposure. The parcel includes approximately 10 acres of land, of which less than 1 acre will be disturbed and included in the development proposal and selected building envelopes. The proposed subdivision would result in the maxamum develot of two duplex units and one single- family residenr~ located in the current developer area. Due to topographical constraints identified on the site, the envelopes will impact the riparian cou9dor. However, care has been taken through the design phase of the project which minimizes potential impacts to wetlands, active stream corridors, steep slopes and slopes supporting big game winter arni transitional range. Consideration was also given to minimize disturbance to existing woody vegetation, particularly within the riparian corridor ~ the site. 3.0 METHODS The wildlife assessment presented herein was based on the following: a) A review of CDOW Wildlife Resource Information System (WRIS) maps to locate important seasonal ranges and use areas for local deer anti elk herds. b) March 27, 2008 field survey with the applicant representative Tambi ICatieb. Primary objectives included: l) field verification of big game use consistent with WRI5 maps; 2) locating the proposed building sites and evaluating potential impacts to wildlife use patterns; 3) evaluating buffering characteristics of existing vegetation anti topographic features relative to the proposed development and big game use, and 4) assessing the prese~e of rron-game species and habitats, and evaluating potential effects of development on those species/habitats. c) A review and evaluation of the proposed development from aerial photography and mapping after sites were located in the field. d) Phone discussion with Bill Andre regarding wildlife use of the property and potential mitigation to offset impacts to both the riparian corridor and big game winter range. GEEI e) Phone discussion with Tom Fresquez Fisheries Biologist BLM, Keith Geizentamier-USES, and Wayne Nelson USES, Monday March 31, 2008. 4,fl STUDY AREA The McCoy Creek Cabins parcel is located within a landscape that contains a diversity of habitat types in close juxtaposition due, in part, to historical management of the tract and approximately 200 feet of elevational gradient on the 10-acre parcel. The lowest elevations obviously occur along McCoy Creek itself near the center of the property. McCoy Creek supports typical high-elevation riparian vegetation with mature Aspen, blue spruce, Douglas Fir, alder and some willow along the stream corridor. The higher slopes are primarily vegetated with aspen and pockets of spruce and fir in wetter areas. South facing slopes are dominated by Gambel's Oak. The more gentle slopes on the property have been historically used as a walking, motorized and snowshoe trail to access Forest Service and land owned by Vail Associate higher in the drainage. Aspen stands located above the subject parcel are of relatively mixed age with young and mid-aged trees providing significant, accessible forage for wildlife (photo Ij. Regeneration appears Lo be vigorous among the stands inspected. Most land immediately adjacent to the property is also private and has had significant disturbance th the form of mad, housing and infrastructure development as part of the overall Arrowhead PUD community development. The southern boundary is owned and controlled by Vail Resort Associates. (Photo 2) S.fl WILDLIFE USE OF THE PROPERTY Seasonal big game use of the property and surrounding lands is largely bassi on past experience in the area practicing as a wildlife biologist as well as field surveys conducted at the landscape level near the subject property- The March 2008 site visit verified much of this information, though seasonal fluctuations in numbers and use patterns could not be quantified and verified with only one visit. However, data available is oansistent with my evaluation of habitat conditions, physiography and evidence of big game presence on the property. The WRIS maps supplied by CDOW indicate the subject parcel contains both winter range and production area for elk It was apparent from the site visit that there was na recent use by elk or deer occurring. The elk appear to have selected the sauthem-exposed slopes at the higher elevations due to their lowest snowpack levels and easier access. The lower elevations of McCoy Creek were holding snow in excess of 30 inches deep which would significantly limit access by big game within the McCoy Creek drainage. Based an my review, the parcel does net contain the necessary attributes defining a high quality wintering area. Through discussion with project planners and tbe onsite visit, it is evident that the site does ceot typically receive high use from big game. In feet, I would say that big game principally use the site in transitional periods during spring and fall and occasionally as a travel corridor betweect drairutges. Evidence of elk "barking" aspen trees (scars on the trunk where animals scrape off strips of bark for consumption) and signs of elk browsing off new aspen suckers on the property were sparse. Less than one acre of disturbance is anticipated from the proposed development situated directly within the McCoy Creek Drainage. The intent of the seventy-five foal riparian setback is tQ minimize impact natural riparian habitat. In this particular case, I believe that pushing the development higher up the slope would acdially have secondary impacts far in excess of that found at the proposed sites. By intruding into the steep slopes, runoff potential is significantly higher. Increased sedimentation, point source pollution and ultimately decreased wafter quality within the drainage could occur (Photo 3). Furthermore, through the increased land exposure from conslnwti~ of cut aixl fill slopes and large retaining walls ancillary impae-ts associa0ed with the distrubance vmuld be noxious weed stand expansion and potential ~w source for GEE/"' expansion of weeds further up the McCoy Creek drainage as well as increase direct impact to the vegetation community. Tor the reasons stated above, it is my professional opinion that access to potential development sites under current guidelines and restrictions (Le., 7S' setback) would in fact significantly increase potential impact to wildlife habitat in the area, The gentle slope, lack of wind, and shaded nature of the drainage, allow deep accumulation of snow and the site is very unlikely to be used as winter habitat by big gam (Photo 4). The site visits turned up no tracks in the snow or other evidence to suggest animals were currently using the area. However, the parcel lies adjacent to probable wildlife habitat. Riparian vegetation is spare and has been significantly degraded due to historical use by motorized and non-motorized activities. Habitat along the creek is not currently providing high quality cover for significant animal movements to take place. Some habitat value is being provided for small and non-game animals. But the resuhant impact of development in the lower sections of the parcel is significantly lower than what would exist if the steep slopes were impacted. The mapped winter range, which is defined as that area in which 90°1'0 of the local elk herd is located from December 1 S to March lS in the average S winters out of I0, is shown to encompass the entire area however, the steep, south and west-facing slopes to the west of the subject parcel appear to be the better habitat. This does not mean that elk do not use the property occasionally during other times of year ar for different purposes {Map 1). Severe winter range is a subset of winter range and is indicated by the presence of 90°l0 of the local elk herd at the peak snowpaek period during the worst 2 winters out of 10. Severe wirrter ranges usually occuu' on lower elevations and southern exposures where snowpack is Less than surrounding areas arnl where food resources are more easily obtained. 'The entire area of the subject parcel is well outside of mapped severe and critical winter ranges as mapped on the WRIS maps. Bears are prevalent in the McCoy Creek drainage, as with the surrounding area. They are also highly intelligent, curious and require a significant caloric intake to support themselves. This is particularly true during the fall when they are in a hype:rphageou~ period. As such they require special attention when planning a subdivision or home within their habitat. Bears readily adapt to human presence aril are opportunists when food is involved. Many conflicts arise between homeowners and bears, particularly when an uninformed urban lifestyle interfaces with relatively wild lands. The bulk ofbear-human conflict occur when garbage is improperly stored or disposed. Heavy-duty, bear-proof garbage containers are a must in this setting, and trash should be dealt with accordingly. Pets can also be problematic, particularly if left outside far extended periods or if they are fexi outside. Bears are keenly attraeLed tcs the smell of pet foods and in some cases may be tempted to take ~ pet as well. Finally, bird feeders can be magnets for beaus, particularly sugar-filled hummingbird feeders. 'The best option is to refrain from such feeding entirely. The riparian corridor contains an array of woody and herbacecyus plant species that are deferred forage of bears. The subject parcel contains many mature SprucetFir, Red-osier dogwood, alder, Ptaneleaf willow and wild rose, as well as a divers array of grass and farb species. Ample dead-woody materials are also present, which provide significant habitat for a number of small mammals and bird species. Of particular value are the mature aspens and dead-standing snags which provide valuable habitat for primary and secondary cavity-nesting bird species in the area, It is likely that other species of wildlife also periodically use the property, either on a year--rourxi or seasonal basis. Mountain lions, coyotes, snowshoe banes and a diverse array of bird species are suited to the habitats found an the ~. The lack of intensive discussion concerning each of these species does not imply they are or their habitat requirements are unimportant. Rather, for the sake of brevity, this report focuses on three easily-monitored species with. large seasonal ranges overlapping the Proposed development area., GEEI~° 6.0 EFFECTS OF TILE PROPOSED 5 UNIT SUBDMSION DEVELOPMENT The proposed single-family home and residential area has the potential to impact existing wildlife use of the property if not properly mitigated. Potential impacts are listed below with mitigation recommendations presented in the following section. • Displacement of elk/deer from traditional transitional ranges • Bear/human interactions • Human reaction to wildlife damage/acceptable control methods • Non-game wildlife, particularly cavity-nesting birds species • Increase sedimentation to high quality water within McCoy Creek • Increase of noxious weeds due to new disturbance 7.0 MITIGATION MEASURES TO MINIMIZE WILDLIFE AND HABITAT CONCERNS One of the chief concerns with a development in this location is the interruption of elk and deer transitional ranges and infra-property movemnrt patten~s, whether they are seasonal migration routes or daily intra- property movements. If interruptions are corrtinuous ar significant random events, total displacement of wildlife from an area can occur. Interruptions can result fram a variety of building activities, physical obstructions orpost-construction human uses on the site. Oddly enough, the opposite can also occur with deer and elk habituating tci human activities or even being attracted to developments such as Arrowhead, particularly if succulent ornamental plantings have occurred. This can create significant conflicts between landowners and wildlife and create the need far control measures. Many of the concerns that typically need to be addressed with development of this sort are not significant due to the fad that the habitat has akeady been significantly irnpact~. Significant care was taken in placing each of the development pods on the I O acre parcel. However, some impact will likely occur. The following recommendations address expected activities associated with one or more of these categories. If approved, this project would occur within the McCoy Creek drainage and encroach within the 75 foot setback currently recommended by Eagle Couaty. It is imperative that treasures betaken which would minimize any additional irrtpads to the drainage itself. As stated shave, McCoy Creek from the paint of this project down has been impacted through historical use. In fad, the stream has been crossed no less than l~ times from the intersection with Crests Road to the confluence with the Eagle river. Also, through leasing with the Mann Family since the inception of the Arrowhead PUD, tt~re has been public access through the subject parcel that has fiuther contributed to degradation to the stream. Lastly, ~ site has also been historically impacted Through dumping of waste materials within the riparian corridor itself. Though These impacts have occurred significant opportunity to improve The riparian exists if the riparian conditions are approved. a. Homesite placement. The Location of the building envelope within three of the flattest areas on the parcel is eoraeptually a key element in preventing signific;arst impact tc> big game herds. This places the home to virtually eliminate any impact To habitat that has high vertical and horizontat diversity, while only slightly impacting vegetation that has good nutritional quality. By avoiding steep slope developtr~trt, the potential for sedimerrt transport is significantly lower. Best management practices should be implemented including silt fencing, and riparian plantings within the area of oonstruction disturbance with a stand closure requirement within one complete growing season. b. Horne desien Home design, and more importantly, human activities (timing, type of activity, frequency atxi duration] surrounding the home can leave significant impacts to wildlife. Dwellings which are used only seasartally may have less impact than ayear-round residence. To minimize the zone of influence of the residence, construction should minimize damage to existing woody vegetation for the driveway and home construeioa This minimizes direct GEE/`: habitat loss and retains mature vegetation to shield the visual and acoustic impacts generated by the home. -Open and/or unprotected windows are the primary access routes these species utilize to gain entry to homes. Also any chimneys should be fitted with metal caps to prevent raccoons from accessing the vents. Feeding, baiting, salting or other means of attracting wildlife of any kind to the property should be expressly prohibited Bears. Bears can be especially problematic due to their irnelligence and curiosity, and as such warrant special consideration. The vast majority of beaz/human conflicts arise due to improper disposal of trash and improper feeding of other wildlife species. To alleviate this potential problem, the homeowner should be required to utilice heavy-duty beaz-proof trash cornainers. Under no circumstances should trash be left outside or in any storage uni# separate from the residence. Trash cxtns should be set out for removal immediately prior to trash service, and not overnight under any circumstances. Any bird feeders should be mounted away from the house and if pets are kept, they should be fed inside the home, not on decks or patios. d. Arrowhead Mountain Design Guidelines and Regulations- Ado,~ed March 6.2001 The following standard mitigation measures regarding this project have been included based on the referenced document. Below you will note the specific references from the above document that have been incorporated irna the final planning application. Section 3.I.1 Building Envelopes and Ho~sites • Minimize grading and removal of vegetation • Protecting sensitive environments • Preserving the dominance of the natural setting by fitting buildings into the existing landscape. Section 3.1.7 Landscaping and Plarn Materials • Developing the outdoor living areas with naturalizing landscapes (plantings that are left to naturalize with little or no maintenance) will help to reduce the apparent impact to wildlife. A list of doer and elk resistant plants is included in Appendix E building improvements shall be designed azound existing major trees on the lot • Riparian and wetland azeas are to be protected from disturbance during construction • All residential lots shall be required to incorporate xeriscape landscape principles. Section 3.1.8 Driveways • All driveways are to follow alignments that minimize grading, tree cutting, or other disruption of the site. Section 3.1.18 Night Lighting • Night lighting is to be minimized • Low intensity lanterns or indirect light sources and cut-off fixtures are to be used. Lights following the driveway at regular spacing are not permitted. • Moonlighting and uplighting of vegetation or structures are not permitted. Except for low-level lighting of a driveway and the identification sign, exterior lighting is #o be located within the Homesite. Section 3.1.19 Wildlife Measures All dog runs and enclosures when permitted by the DRC, shall include a restrictive roof or fenced top over said enclosures to protect dogs. Proper garbage disposal is required to prevent wildlife from destroying property and/or posing a threat to residents and their pets. GEED • Dumpsters and individual trash cans shall be of a Colorado Division of Wildlife approved bear-proof design. • Property Owners are prohibited from using compost piles. Miti~¢ation . In addition to the above measures, s onetime contribution to a mitigation fund should also be corrtemplated for this parcel. The fiord should be in a significant amount to generate treatment of an area equal to or greater in size than the amount of anticipated disturbance on a yearly basis. Metrics for calculating disturbance should be an as built survey of direct impact to both riparian and upland areas. A ratio of Z:1 for riparian habitat may be appropriate in some cases. Treatmerrts considered may be noxious weed treatment, supplemental riparian plantings, fertilization of winter range, prescribed fire, and riparian fencing. This is simply a list ofpotential actions but should in no way be considered a final list. SA CONCLUSIONS Strict adherence to the items identified in the mitigation plan, will assure that no adverse impacts to deer, elk and other wildlife groups would occur with the development of the proposed 5 unit subdivision. No significant wildlife habitat will be impacted through the proposed developrrrent particularly since the subject parcel is highly used by the public and is of limited value due to topography, slope and aspect. Furthermore, much of the past abuse of the area will be significantly improved through implementation of the riparian conditions and contribution to a habitat fund. With proper construction features as indicated above and adhering to a few thoughtful living practices, the potential human-wildlife conflicts should be easily avoided on this site. GEEI°. Photo 1. Representative winter and transitional range. Photo 2. Development above and to east of subject parcel. ~;..~ "~~ sr, ~ ;~?}` ~;~ ~. „$ ~ ~~ .:.~ #,Y. F x~~p GEE!' ;. , 'i « x ~. ~' ra ~~-: Photo 3. Steep Slope Development Photo 4. Deep Snow in McCoy Creek Drainage -Mann Cabin 3/27/08 ~- .. ~ . ~ ~., GEEI"° McCoy Creek Cabins Subdivision Colorado: Mctop Creek Map t April 2008 Legend watershed Boundary a Winter Production~nter Overlap Praductlon Parcel Loeatian `±, River Eagle C+wnty ~# ~ • :~'. ~ ~r,~; ~~a;~ ~ w ~.. t ,. .- a~a sus a rso t:,,:~ow feet