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HomeMy WebLinkAboutR00-176 amendment to Diemoz River Ranch PUD Guide PDA-00030Commissioner C 04 moved adoption of the foll ing Resolution: RESOLUTION of the BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 APPROVAL OF THE AMENDMENT TO THE DIEMOZ RIVER RANCH PUD GUIDE FILE NO. PDA -00030 WHEREAS, on or about July 19th, 2000 the County of Eagle, State of Colorado, accepted for filing the application submitted by Vivian Diemoz and Janice Duroux (hereinafter "Applicant ") for amendment of the Diemoz River Ranch PUD, Eagle County, Colorado (hereinafter the "PUD"), File No. PDA- 00030; and WHEREAS, the Applicant requested the amendment of the PUD for the purposes `'of 1. Changing the total acreage from 46.11 acres to 46.72 (or 46.715) acres 2. Replacing the previously recorded legal description with attached Exhibit 'A'; and WHEREAS, notice of the proposed amendment was mailed to all owners of property located adjacent to the PUD, and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Planning Commission and the Board of County Commissioners of County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public hearings of November 2nd, 2000 the Roaring Fork Valley Regional Planning Commission, based on its findings, recommended approval of the proposed Amendment of the Diemoz River Ranch PUD; and, WHEREAS, a public hearing was held by the Board of County 1111111111111111111111111111111111111111111111111111111 746272 12/14/2000 12:57P 370 Sara Fisher 1 of 29 R 0.00 D 0.00 N 0.00 Eagle CO 0 C111 WHEREAS, based on the evidence, testimony, exhibits, 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 hearing before the Planning Commission and the Board of County Commissioners. 2. That pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e Standards for the review of a Sketch and Preliminary PUD Plan: (1) Unified ownership or control. Title to all land is owned or controlled by one (1) person in the sense that a corporation is a "person." (2) Uses. The uses that may be developed in the PUD ARE NOT 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 WERE authorized pursuant to Section 5 -240 F.3.f., Variations Authorized at Preliminary Plan approval. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE NOT those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the zone district designation in effect for the property at the time of the application for PUD. Variations WERE granted along with approval of the Preliminary Plan. (4) Off - Street parking and Loading. It has NOT been demonstrated that off - street parking and loading provided in the PUD complies with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards without a necessity for a reduction in the standards. However, these standards WERE satisfied at Preliminary Plan approval. 2 C C (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards (6) Signs. The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Sign Regulations However, the current Eagle -Vail PUD has a comprehensive sign plan, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD) that IS suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The Applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD HAS provided adequate facilities for sewage disposal, electrical supply, and roads; the applicant HAS clearly demonstrated that the development that was proposed in the Preliminary Plan for PUD provided adequate facilities for potable water, solid waste disposal and fire protection. In addition, the Applicant HAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. It HAS been clearly demonstrated in the Preliminary Plan that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD IS compatible with the character of surrounding land uses. (10) Consistency with Master Plan. The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). (11) Phasing. A phasing plan IS NOT necessary for this development. 3 0 0 (12) Common Recreation and Open Space. The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. (13) Natural Resources Protection. The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards have been considered.. 3. That pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e Standards for the review of a Preliminary Plan for Subdivision: (1) Consistency with Master Plan. The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). (2) Consistent with Land Use Regulations. The Applicant HAS fully 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 (3) Spatial Pattern Shall be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (4) Suitable for Development. The property IS suitable for development, considering its topography, environmental resources and natural or man -made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. B C (5) Compatibility With Surrounding Land Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. 4. Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m Amendment to Preliminary Plan for PUD (1) Is consistent. The proposed PUD Amendment to change the total acreage IS consistent with the efficient development and preservation of the entire Planned Unit Development; (2) Does not affect in a substantially adverse manner. The proposed PUD Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest; and (3) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by Vivian Diemoz and Janice Duroux for amendments to the Diemoz River Ranch PUD be and is hereby granted, subject to the following conditions: 1. Except as otherwise modified by this Permit, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval_ THAT, the "Amended and Restated PUD Guide for the Diemoz River Ranch PUD" attached hereto as Exhibit 'B' incorporates the changes approved by this Resolution and is hereby approved, effective immediately upon its recording in the Office of the Eagle County Clerk and Recorder, and replacing in its entirety the "Diemoz River Ranch PUD Guide." 5 The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Ea le, State of Colorado, at its regular meeting held the jay of _ 2000, nunc pro tunc to the 20th day of November, 2000. . BY: Sara J. FisXe Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS omp St ne, Chair Michael L. Gallagher /, Cobmissioner Commissioner i'' P seconded adoption of the foregoing Resolution. The oll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Johnnette Phillips Commissioner Michael L. Gallagher This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 9 1 IS PROPERTY DESCRIPTION "DIEMOZ RIVER RANCH SUBDIVISION" A TRACT OE LAND BEING. SITUATED IN GOVERNMENT TRACT 53 BEING A PORTION OF THE SE1 /4 OF SECTION . 3, THE NWl /4 OF SECTION 11 AND THE NE1 /4 OF SECTION 10, TOWNSHIP 8 SOUTH, .RANGE 87 WEST OF THE 6TH P.M., COUNTY OF EAGLE, STATE OF COLORADO,_ SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID TRACT 53 FROM WHICH THE WITNESS CORNER FOR AP4 OF SAID TRACT 53. BEARS S.00'12'00 "E. 393.17 FEET AND N.89'53'00 "E. 17.16 FEET, SAID WITNESS CORNER BEING A 3" USGLO BRASS CAP ON A 1" IRON PIPE; THEN DEPARTING SAID EAST LINE AND ALONG THE NORTHERLY RIGHT OF WAY LINE FOR HOOKS SPUR ROAD AS DESCRIBED IN DOCUMENT RECORDED UNDER RECEPTION NO. 141670 OF THE RECORDS OF SAID COUNTY THE FOLLOWING FIVE (5) COURSES: 1) S.75'47'25 "W. 34.78. FEET; 2) 91.94 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 79.32 FEET,. A CENTRAL ANGLE OF 66'24'30" AND A CHORD WHICH BEARS N.71'00'26 "W. 86.88 FEET; . 3) N.37'48'20 "W. 1607.81 FEET; 4) 84.08 FEET ALONSS THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 382.50 FEET, A. CENTRAL ANGLE OF 12'35'38 AND A CHORD WHICH BEARS N.44'06'09 "W. 83.91 FEET; 5) N.50'23'57 "W. 86.23 FEET TO INTERSECT THE NORTHERLY RIGHT OF WAY LINE OF THE OLD DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY; THEN N.37'48'15 "W. 185.00 ALONG SAID NORTHERLY RIGHT OF WAY LINE TO INTERSECT THE WEST LINE OF SAID TRACT 53 THEN ALONG SAID WEST LINE N.00'21'03 "W. 929:44 TO THE NORTH LINE OF SAID TRACT 53; THEN ALONG SAID NORTH LINE N.87'38'23 "E. 292.15 FEET TO THE CENTERLINE OF THE ROARING FORK RIVER AS LOCATED BY SURVEY IN SEPTEMBER, 1998: THEN ALONG SAID RIVER CENTERLINE THE FOLLOWING FOUR (4) COURSES: 1) S.55'50'10 "E. 557.45 FEET: 2) S.74'24'10 "E, 198.00 FEET; 3) S,67'42'10 "E. 139.00 FEET; 4) S.6'8'49'23 "E. 285.26 FEET TO THE EAST LINE OF SAID TRACT 53; THEN ALONG SAID EAST-LINE S.00'12'00 "E 1535.47 FEET; THEN DEPARTING SAID EAST LINE N.89'40'06 "W. 12.33 FEET; THEN S.00'45'08 "W. 97.13 FEET; THEN 5.89'14'52 "E. 13.94 FEET TO THE EAST LINE OF SAID TRACT 53; THEN ALONG SAID EAST LINE S.00' 12'00"E. 338.14 FEET TO THE POINT 'OF BEGINNING. SAID TRACT OF LAND .CONTAINING 2,035,123 SO. FT. OR 46.72 ACRES AS DESCRIBED. ,4.I S C Diemoz River Ranch planned unit development guide Amended P.U.D Submittal August 25, 2000 PURPOSE/GENERAL PROVISIONS A. PURPOSE This PUD Guide sets forth land uses and development in the unincorporated area of the County of Eagle, State of Colorado; regulates the use of land, bulk, maximum height; provides regulations for uses permitted therein and accessory buildings and uses; and provides additional supplementary regulations. Diemoz River Ranch is a 46 acre parcel bf land suitable for creation of 4 single family homes with caretaker units. This parcel of land will preserve 38 acres of common agriculture open space which, in turn, will aid in the protection of the environment. B . GENERAL PROVISIONS 1. Control OverUse After the effective date of approval of this PUD Guide: a. Any new building or other structure, and any parcel of land, may be used; and b . The use of any existing building, other structure or parcel of land may be changed or extended; and 2. Control Over Location and Bulk After the effective date.of this PUD Guide the location and bulk of all building and other structures, existing and future shall be - in conformity with: a. All - standards and requirements set forth or referred to in the standards and requirements for the area in which such buildings other structures_ are located; and b . Any other applicable standards and requirements of this PUD Guide and the Declaration of Protective Covenants and Design Guidelines for the single - family home sites and caretaker units. 3. Incorporation of Development Plan The plan of development forDiemoz River Ranch including the location and boundaries of planning areas, the use, the circulation elements and the densities established by the PUD Guide, are shown upon the Diemoz River Ranch Plat. The Plat Plan is hereby incorporated by reference into this 1111111111111111111111111111111111111111 1111111 1111 1111 639576 06/12/1998 05:03P 370 Sara Fisher 8 of 28 R 0.00 D 0.00 N 0.00 Eagle CO C c` Development Guide together with everything shown thereon and all amendments thereto. 4. Design Review Guidelines Diemoz River Ranch PUD Guide contains broad design guidelines for each of the planning areas.. Said design guidelines are intended to supplement and complement Eagle County's Building Ordinances. Where any conflict may occur, the most restrictive provisions shall govern. Eagle County shall administer provisions of the PUD Guide. The Design Review committee will administer the Design Review Process. 5. Planning Area Boundaries All PlanningArea boundaries shall be shown on the Diemoz River Ranch Plat. The size of any planning area may increase ordecrease after final determination by the developer during the final subdivision process with the approval of the Director of Community Development and without any amendment to this PUD Guide. 6. Horses and Other Livestock The Common Area shall be used for livestock grazing. No animals shall be allowed to run loose or unreasonably bother or constitute a nuisance to others. Initially, the only livestock which shall be allowed in the Subdivision shall be horse and cattle. Lot owners shall be entitled'to own no more than 2 such animals per - each Lot owned, which animals. shall be housed in the-structure, to be erected upon the Common Area for this purpose and shall graze only on the Common Area. Dogs will be allowed if kenneled, no more than 2 dogs per lot 7. Wildlife MitigationMeasures Various recommendations of Wildlife Mitigation have been incorporated in the Diemoz River Ranch Design Guidelines. Each property owner will receive the Wildlife Mitigation upon entering into a contract to purchase. 8. Riparian Corridors A fifty (50) foot setback from the high water mark of the Roaring Fork River has been provided , consistent with the recommendations of Eagle County. No structures will be erected within the buffer areas. A 5 public fishing access easement along the Roaring Fork River is proposed within the buffer zone, as well as along the westerly property line to 111111111111111 MIN 11111 111 111111111 1111 639578 06/12/1998 03:03P 370 Sara Fisher 9 of 28 R 0.00 D 0.00 N 0.00 Eagle CO III III. the River. Within the 5' easement there shall be no fence hazard or impediment to the public.A sign identifying the fishing easement must be posted prior to issuance of the first building permit. ASSIGNED LAND USE DESIGNATIONS The following list identifies Planning areas within the Diemoz River Ranch PUD and their respective land use designations. Planning Area Gross Acreage SF - Single Family with caretaker unit 8.004 C - Common Area ( and ROW) 38.711 TOTAL 46.715 LAND USE DESIGNATIONS/DEVELOPMENT STANDARDS A. PLANNING AREA SF - Single Family with Caretaker unit 1. Purpos To allow sites for the development of single family homes with a caretaker unit. 2. Permitted Uses a. Single Family Structures b. Utility services C. Attached caretaker units 3. Development Standards a. Number of Dwelling Units - Two per lot. b. Minimum Floor Area - 2,500 sq. ft. C. Maximum Floor Area - 8,000 sq. ft, exclusive of attached garages, together with one attached caretaker unit containing no more than 1,000 sq. ft. e. Setbacks - As restricted by the platted "Building Envelopes ". f. Maximum building height: 35 feet g. Parking - Three or more garage spaces must be provided. . C 01 h. Individual Sewage Systems - all septic systems shall be site-specific engineered systems that meet requirements as may be established by the Eagle County Department of Environmental Health. i. Soils Tests - Each residence shall be required to complete a site - specific soils study prior to issuance of a building permit. Basements - Basements shall not be allowed on Lot 1,2, and 3 due to high ground water. 4. Plat/Filing Land Use Designation Single Family with Caretaker unit B. PLANNING AREA C - .Common Area I_ EIRR2 To provide an area in a residence has not been constructed and shall be kept in it's natural scenic and open state. 2. Permitted Uses a. Access driveways b. Utility services c. Livestock grazing d. Sanitary sewage systems including leech fields for the benefit of Lots 1 and 2. e. A common structure for the housing of livestock. 3. Plat/ Filing Land Use Designation Common Area IV. SUPPLEMENTARY REGULATIONS A. ARCHITECTURAL PROJECTIONS ABOVE HEIGHT LIMIT Architectural projections including towers, spires, cupolas, chimneys, flagpoles, observation towers may extend above the 111111111111111111111111111111111111111 111 1111111111111 659578 06/12/1998 05:03P 370 Sara Fisher 11 of 28 R 0.00 D 0.00 N 0.00 Eagle CO maximum height limit no more than 20 feet. These architectural projections mast be uninhabitable space. FIREPLACE REGULATIONS Wood burning fireplaces are prohibited. All fireplaces shall be either gas or electric. 1111111111111111111111111111111111111111111111111111111 659378 06/12/1998 05:03P 370 Sara Fisher 12 of 28 R 0.00 D 0.00 N 0.00 Eagle CO 0 0 VM I: II. ARCHITEC'T'URAL AND SITE DESIGN GUIDELINES Introduction A. Intent Of Design Guidelines Diemoz River Ranch is an area of remarkable natural beauty, unique in Eagle County. In order to maintain the Ranch's unique character, to preserve the natural beauty and balance of the site and maintain the quality of open space, Building Envelopes have been identified for each Lot. These envelopes have been defined to maximize each site's best features with consideration for natural terrain, views, privacy, vegetation, orientation, access and relationship to adjacent sites. These guidelines have been prepared to provide guidance and direction to the owners and professionals involved with the design and construction of homes within these envelopes.. The underlying goals of these guidelines are to. 1. Protect the natural ecosystem. 2. Minimize the visual impact of site development on roads and other homesites. 3. Preserve the existing character of Diemoz River Ranch. 4. Preserve the view corridors. B. Relationship To Protective Covenants The Design Guidelines establishedherein are supplemental to restrictions and processes in the Declaration of Protective Covenants for Diemoz River Ranch. Owners of each Lot are encouraged to review both documents together. These Design.Guidelines are adopted pursuant to paragraph 6.a of the Declaration of Protective Covenants and Dedication of Easements for Diemoz River Ranch recorded in the office of the Clerk and Recorder of Eagle County, Colorado, as Reception No. in Book at Page The Design Committee Review Procedures A . Design Committee Responsibilities The Design Committee and its review process is an internal procedure to ensure conformance with the Diemoz River Ranch Design Guidelines. This process is additional to the building permit and approval requirements of Eagle County. The Committee's primary consideration is to aid applicants and their architects in maintaining the high quality standard set herein. In order to do this the Committee has retained a qualified Design Consultant to review all documents submitted for the review process and will solicit an 111111111111111111111111111111111111111111111111111 IN 659578 06/12/1998 05:03P 370 Sara Ftsher 13 of 28 R 0.00 D 0.00 N 0.00 Eagle CO c r B. objective recommendation from the Design Consultant as to whether the applications have conformed to the Diemoz River Ranch Design Guidelines. It is from this recommendation that the Design Committee will base their decision of acceptance, rejection, or acceptance with modifications of the proposed plans. Before a home is constructed, the Design Consultant must review each owner's plans to ensure their compliance with the Design Guidelines. The Guidelines are intended to protect the wildlife, natural beauty, character, values and views. These Design Guidelines have been written to encourage individual expression while also achieving the development standard appropriate to each site. The Design Consultant will: 1. Review proposed construction projects for conformance with Diemoz River Ranch's Design Guidelines. 2. Conduct appropriate communications with applicants and their representatives. 3. Explain/clarify guidelines to applicants. 4. Approve proposed plans for construction after they are in compliance with the guidelines. Review Process, Submission Requirements, and Fees The two steps of the Design Consultant Review are as follows. The fee to be paid by the homeowner is strictly to reimburse the Design Consultant for review, recommendation, and meeting time. Additional meetings other than the three described below will be an additional expense to the homeowner for consultant review, recommendation, and meeting time. All fees are due with the submittal of the application to the Design Committee and upon attendance at the Pre - Planning meeting. _ 1. Pre- planning Meeting - Discuss the concept and the intent of the Design Guidelines, the philosophy of the construction . anticipated by the homeowner, and the submittal requirements for the Final Design Review with the Design Consultant. Review Fee: $100.00 due upon attendance at the meeting. Amount subject to change. 2. Final Plan Review - Review contract documents and site. plan for.conformance with the guidelines. Applicants are requested to submit complete construction documents two weeks prior to the Final Plan Review Meeting with a check for the associated fee including but not limited to: a. Completed Final Plan Review checklist b. Certified survey with two foot contours (1 „ - 20' -0 ") I IIIIII IIIII IIIIIII III IIIII IIIIIII IIIII III IIIIII III IN 639378 06/12/1998 05:03P 370 Sara Flahor 14 of 28 R 0.00 D 0.00 N 0.00 Eaglo CO G G c. Floor plans (1/8" =1' -0" scale) d. Elevations of all structures (1/8" =1' -0" scale) e. Roof Mans (118" =1'-0" scale) f. Exterior finish schedule g. Exterior lighting schedule with lighting plan and photo or cut sheet of lights to be used. h. Construction details and specifications for all architectural and site elements i. Site grading plan including driveway grading and all proposed grading at a two foot contour interval with spot grades for all disturbed areas (1 " =20' -0" scale) j. Site layout and materials plan including all handscape layout - (1 "= 20'-0" scale) k. Landscape plan locating proposed planting areas and identifying all proposed plants (1"=20'-0 scale) k. Irrigation plan for all areas to be irrigated (1 " =20' -0" scale) 1. Utility line location and detailed revegetation plan m. Proposed entry gates or signage plan and elevation Applicants shall have corners of primary structures staked on -site for the Design Consultant review prior to final approval. Review Fee: $500.00 Amount subject to change. III. Site Planning And Development A . Development Zones The proposed site plan for the Diemoz River Ranch contains four two acre lots along with 38 acres of common area which includes agricultural and river corridor common area. 1. SinaIe Family with Caretaker unit - Sites for the development of single family homes with a caretaker unit 2. Common Area - An area in which a residence has not been constructed and shall be kept in it's natural scenic and open state. 1 111111 X1111 1111111 III 639578 06/12/1998 15 of 28 R 0.00 D mn milli iini iii nun iii ini 05:03P 370 Sara FLsh*r 0.00 N 0.00 Eagle CO B. Permitted Uses 1. Single Family with Caretaker units Permitted uses within *this zone include Single family structures with attached caretaker units, Utility services, and other uses as allowed by the Eagle County Land Use Code and approved by the Diemoz River Ranch Association. 2. CommonArea Permitted uses within this zone include but are not limited to, access driveways, utility services, livestock grazing, sanitary sewage systems, including leech fields for the benefit of Lots 1 and 2, and a common stru_ cture for the housing of livestock. Prohibited uses include: Any site work, grading or drainage improvements without the approval of the Design Committee. Lighting (except for one low -level light fixture at each parcel access driveway to illuminate the address signage)._ Vegetation removal or defoliation. IV. Design Standards The Design Guidelines address residential development at two levels: Site Planning-and Architectural Design. Site planning standards refer to overall improvements in the Building Envelope and driveway access corridor. Architectural design standards refer to structures in the Building Envelope. A. Site Planning Standards Every Lot at Diemoz River Ranch has its own unique land form features and character. Whenever possible, these features should be preserved and reinforced by any level of construction and design. The objectives are to fit the improvements to the site in a way that leaves the natural features of Diemoz River Ranch intact, treating buildings and roads as an integral part of the site. The following key elements of site development for each Lot shall be addressed. 1. Driveways/Access Roads Access drives in most cases will have the greatest impact on the site. Consequently, great care should be given to their 1111111111111111111111111111 639578 06/12/1998 05:03P 16 of 28 R 0.00 D 0.00 N 370 Sara FL*hor 0.00 Eagle CO planning and design. During final design, each access road should address the following: Maximum grades shall be 8%. Cuts and fills shall not exceed 2:1 slopes. Cuts and fills to be topsoiled and revegetated with native plantmaterials (Appendix A). Maximum total vertical exposure of cuts and fills shall not exceed six feet. Driveway width shall be sixteen feet of driving surface This width is intended to provide adequate snow storage and a passable driving lane in heavy snow winters. All efforts shall be made to minimize total impact of driveway construction. Asphalt shall not be used. Gravel is recommended for driveway paving materials. All surfacing to be approved by the Design Committee. 2. Gradinp- The intent and goal of Diemoz River Ranch is to preserve the natural existing topography and maintain the delicate system of natural drainages, structures, washes and creek beds. Any proposed improvements should be carefully planned to minimize disruption to the existing ecosystem or alteration of the topography. The prescribed envelopes have been located to minimize grading and avoid primary natural drainage systems. Specifically, new improvements should respond to the following: No grading shall occur outside the Building Envelope except for erosion repair and meadow repair approved by the Design Committee. Cuts and fills shall be maximum 2:1 slopes_ Within the Building Envelope, no exposed cuts and fills will be allowed, including exposed drainage ditches, to minimize the visual impact of new .construction. All disturbed areas which are not graveled shall be revegetated with appropriate-plant materials from the recommended Plant List. (See Appendix A). Major natural drainages that traverse the Lots shall be maintained in their original configuration_ Eroding areas must be stabilized and revegetated. Existing irrigation ditches that traverse Lots shall not be disturbed without approval of the Design Committee. 111111111111111111111111111111111111111111111111111 IN 639378 06/12/1998 03:03P 370 Sara FLaher 17 of 28 R 0.00 D 0.00 N 0.00 Eagle CO No drainage improvements outside the building envelope shall be constructed without the approval of the Design Committee. 3. Utilities Diemoz River Ranch recognizes the responsibility for supplying utilities to each Lot. The applicant shall provide an engineered system which encompasses the following: All utilities shall be underground and contained within the driveway corridor or Building Envelope, unless approved by the Design Committee. All above ground appurtenances shall be approved by the Design Committee and be appropriately . screened from view. Satellite dishes shall be non - reflective black. If utilities do not follow the driveway corridor, owner shall revegetate disturbed areas to standards included in the Design Guidelines. Any utility line location not buried within an approved driveway must be presented at final design approval along with a detailed revegetation plan., All well and septic systems shall meet Eagle County and State standards. All septic systems shall be site - specific engineered systems that meet requirements as may be established by the Eagle County Department of Environmental Health. 4. Planting Existing vegetation is one of Diemoz River Ranch's amenities and an integral part of the natural ecosystem. The intent of the following guidelines is to protect and enhance the existing landscape and vegetation. Preservation is paramount and improvements must respect existing vegetation types. More specifically; No removal of vegetation will be allowed outside of the Building Envelope and access corridor except for reasons of landscape restoration, wildlife enhancement, agricultural improvement or the enhancement of trails. Landscape scale and overall landscape design shall be designed so that new vegetation is integral with the natural landscape and the local plant communities. New planting shall compliment existing plant communities and be located to extend existing vegetation edges orplanted in natural I I�1111 IIIII IIIIIIIIII IIIII 111111111111111 HIM III IN 639378 06/12/1998 e5:03P 370 Sara Fisher 18 of 28 R 0.00 D 0.00 N 0.00 Eagle CO looking groups. Approved species shall be appropriately selected from the Plant List (Appendix A). Homeowners are encouraged to utilize plant materials within each Lot that require little water other than initial periods for establishment. Homeowners will be required to plant 20 trees at a minimum size of 1" cal. each. At least six of these trees must be used on or near the river bank for improving Riparian lla taL As welt, homeowners will also be required to plant 20 shrubs. A least six of these shrubs must be used on or near the river bank. Newly planted trees and shrubs on or near the river bank should be fenced to prevent against beaver damage. Planting within the Building Envelope in areas immediately adjacent to the house which are not visible from neighboring homes shall be relatively unrestricted and may include ornamental plants_ Manicured or groomed yards shall be confined by buildings, fences, walls or other edges so that the visibility of these areas is limited to adjacent buildings. Trees within the Building Envelope shall be selected from the Plant List. (Appendix A). 5. Lightin Outdoor lighting will be carefully reviewed to assure that neighboring properties are protected from bri ght light sources and that they have every opportunity to enjoy the night sky. All exterior lighting must be approved by the Design Committee prior to any installation. Separate exterior lighting detail showing source location, wattage and fixture specification, and building or landscape area illuminated by such lighting must be submitted to the Design Committee prior to any installation and final approval. Specifically: Lighting outside the Building Envelope, visible light sources, and exterior up- Iighting are prohibited. One low-level light with a hidden source is allowed at each entry drive for the sole purpose of locating the entry and address identification. i Ililll Illli Illllil III 111!11 839378 08/12/1998 03:03P 29 of 28 R 0.00 D 0.00 N IIIIIIIIIIIIIIIIIIIIIIIII 370 Sara Fisher 0.00 Eagle CO 6, Wildlife management and Fencing In an effort to maintain the greatest level of preservation of the natural character of the Ranch, the ]Design Committee does not recommend the use of fences. If fencing is used, it must follow these guidelines. Specifically; Any fencing must be 42 ", 4 strand or less, with a I2" kick space between the top 2 strands. Any rail fencing must be- the split or round rail type, 48 ". 3 rail or less with at least* 18" between 2 of the rails. Fenced dogs must be restricted to the Building Envelope. Fencing containment for dogs must be approved by the Design Committee. Umit to 2 dogs/home with a kennel restriction. Kennel must be constructed before the c.o. is issued. Any horse hay must be fenced at the owners' expense with 8' mesh fencing to- prevent game damage by deer /elk to the hay. 7. Signage In order to minimize the visual impact of foreign intrusions on the Ranch, large signage "statements" are prohibited_ Specifically: Signage will be permitted only for the address and name at the driveway /road intersection and shall be subject to approval by the Design Committee. Maximum allowable text area shall be four square feet. S. WildfureManamment In order to minimize increase in potential wildfire occurrences, the following guidelines are established: Roofs will be-made of fire retarding materials. - No wood burning devices shall be allowed. Parking areas shall be kept free of tall grasses and other combustible materials. Within 30 feet of all structures, existing trees and shrubs should be thinned to minimize fuel. Thinning out continuous tree and brush cover within a 30 foot defensible area of the home. Generally, the tree and brush cover is not contiguous across the site but located along irrigation ditches and river edge so it is anticipated that extensive thinning will not be required. 111111111111111111111111111111111111111111111111111111 659578 06/12/1998 05:03P 370 Sara Fisher 20 of 28 R 0.00 D 0.00 N 0.00 Eagle CO All slash and debris left from thinning will be disposed of. Dead limbs and ground litter will be removed from the defensible area. Firewood will be stacked- 15' uphill from the home. An irrigated manicured space will be created around each home within the building envelope. All agricultural pasture areas will be watered during periods of high fire danger. Branches of trees within 10 feet of the defensible space will be pruned and ladder fuels removed beneath large trees. Branches that extend over roof eaves will be pruned and removed within 15 feet of the chimney. Roofs and gutters will be cleaned to eliminate a fuel source on the roofs. B. Architectural Standards Diemoz River Ranch Association recognizes the need for an owner, through his architect, to design with as much flexibility as possible to meet the owner's needs, taste and individuality. The intent of this section is to encourage individual expression and outline basic and simple criteria. These criteria have been established to govern building massing and color, to reduce visual impact by conforming to the surrounding topography, and to minimize damage to the existing landscape. In essence, the architecture should reflect the natural, quiet mood of Diemoz River Ranch through its massing, choice of materials and colors. The following standards are applicable to any structure visible from primary roads or the Building Envelopes within Diemoz River Ranch, or when otherwise deemed appropriate by the Design Committee. 1. Building Location Buildings are to be located within building envelopes so as to preserve the. view corridor from existing homes and common areas. 2. Building Form and Massing In the landscape at Dieinoz River Ranch the major elements of building mass reveal themselves texturally at the medium range view. It is essential that the buildings disappear from the distant views, roads and other Lots. Therefore; Minimize exposed walls: The maximum continuous exposed wall height along a building face shall be ten feet high except that 30% of each building face may be higher-up to a maximum of twenty eight feet. The maximum building height shall conform to Eagle County standards. 111111111111111111111111111111111111111111111111111 IN 639578 06/12/1998 05 :03P 370 Sara Fisher 21 of 28 R 0.00 D 0.00 N 0.00 Eagle CO Minimize use of continuous flat planes. Provide variety through stepping of building faces where possible. Eave lines to project a minimum of three feet on the downhill sides of the building to minimize glass reflection. Owners are encouraged to establish close'visual and design ties between all structures through clustering to minimize impact within the Building Envelope. 3. Roof Desien Visually, the roof is probably the single most important element in overall design. Designs for roofs within Diemoz River Ranch shall adhere to the following: Pitched roofs shall have pitches not 1 ess than 6:12 and not greater than 12:12.4:12 roof pitches will be acceptable for attached shed roofs or secondary roof planes. Roof overhangs shall be a minimum of 2'. Roof materials shall include fire retardant wood shingles, composition shingles, slate, or dark non - reflectivemetal. Roof color values and hues will match the darkest values in the immediately adjacent landscape. The following roof types are not permitted in Diemoz RiverRanclu a. Mansard roofs b. Curved roofs C. Domed roofs Roof designs should reflect, where possible, the character of the adjacent landscape (i.e., steep pitched roofs in areas with tall dense tree stands, or low pitched roofs in lower valleys, flat grasslands and on ridges). 4. Exterior Walls and Surfaces Allowed exterior materials include painted, stained or natural wood, vinyl siding, stucco, stone, shingles, and logs. Additional materials proposed will be reviewed by the Design Committee. 5. Foundations Exposed foundations must be masonry, colored concrete, stone, split face block, or stucco. No exposed posts or cross bracing shall be permitted, since it tends to be unsightly, especially to neighbors, and provides no visual connection to the ground. 111111111111111111111111111111111111111111111111111 IN 639578 06/12/1998 05:03P 370 Sara Fisher 22 of 28 R 0.00 D 0.00 N 0.00 Eagle Co t V. 6. Chimneys Flues, and Roof Vents Chimneys must be enclosed in stone, brick or stucco. Flues and roof vents shall be black if exposed, or enclosed in structures compatible with the building. Construction Regulations In order to protect the wildlife community and to minimize disturbance and damage, the following guidelines are established for activities specific to construction. A. Silt fencing must be placed by contractor to contain any erosion runoff due to construction activity. B . Building materials may be delivered directly to the construction site via existing ranch roads and approved Construction staging and storage of building materials shall take place only within the Building Envelope. All staging materials shall be stored no further than 300 feet from the construction activity area. C. No firearms or domestic dogs shall be allowed within construction areas. Possession of dogs or firearms on Diemoz River Ranch results in a $1,000 fine to the owner /contractor /employee and permanent expulsion of the employee from the Ranch. D. Construction activity-shall be limited to a period of time commencing at 7:00 a.m. and ending no later than 6:30 p.m. each day, with no construction activity permitted on Sundays. E. Access to the Ranch is available only to workers employed on the site and for travel to and from the job. Absolutely no access is available for persons not employed on the site, nor is access allowed any employee during evenings or weekends except to accomplish speck tasks at the site. Violation may result in permanent expulsion. F. A road impact fee will be assessed to homeowners and must be paid to the Diemoz River Ranch Homeowners Association with the final plan submittal to the DRC. Road impact fees for remodeling will be subject to review by the Design Review Committee. No final plan approval for construction will be granted prior to receipt of road impact fees from the homeowner. I IIIIIIIIIII 1111111 III 639378 06/12/1998 23 of 28 R 0.00 D 05:03P 370 Sara Fisher 0.00 N 0.00 Eagle CO C C 1. Plant List Approved Trees, Shrubs, Ground Cover and Vines See Appendix A, Diemoz River Ranch Design Guidelines for the list of plant materials approved for use at Diemoz River Ranch. Additional plant material types can be submitted for approval during the Design Committee review process. Adopted by the Diemoz River Ranch Design Committee this day of . 1998 111111 IIIII IIIIIII III VIII IIIIIII VIII III 111111111 IN 659578 05/12/1998 05:03P 370 Sara Fisher c r Appendix A Reconuneuded Plant List Recommended Trees, Shrubs, Ground Cover and Vines The following list of plant materials is recommeded for use at Diemoz River Ranch. Deciduous Trees: Comecon . Nance: MountainAlder Botanical Name Bo nical Rocky -Nance: Rocky Mountain Maple . Ac rri Hopa Crabapple ains hop a. _ - - - - - Ms "Radiant" - Radiant Crabapple R Spring Snow Crabapple Malus "Spring Snow" � Narrowleaf cottonwood . Populus augustifolia Populus tremutoides Quaking aspen Euro p -ean Mt. Ash Sorbus aucuparia Sorbus scopulorum Native Mt. Ash ' Siouxland Cottonwood. ' -Populus deltoides'Siouxtand' - Plains Cottonwood Populus 'Sargenti' Tam Juniper Zabel's Honeysuckle Evergreen Trees:- II IIII Botanical Nance: Common Nance: Subalpuie fir Abies lasiocarpa- - Utah Juniper Juniperus osteosporma Juniperus scopulorum Rocky Mountain juniper Piceaengelmanni�. Englemannspruce . Picea pungens _ Blue spruce Brisd cone Pine Piuus arngea - LodgepoIePine. Pines contorts- Pines edulis - Pinon. Pine Pseudotsuganienziesii Douglasfir Shrubs: Botanical Nance Comecon . Nance: MountainAlder Alnus tenuifolia Amelauchierah folic Serviceberry - Artemisia tridentata'Wyomingensis' Native -Sage Mountain mahogany Cercocarpus n— ontanus Rabbitbrush - Chrysothamnus nauseosus Rabbitbrush Chrysothamnus spp. Corpus stolonifera Redtwig Dogwood Juniperus ehinensis'PfitzeraiW PfctzerJuniper Native Juniper Juniperus Communis Juniperus Sabina 'Buffalo' Buffalo Juniper Juniperus - Sabina Tamarisafolia' Tam Juniper Zabel's Honeysuckle Lonicera Korolkowii'Zabeld' II IIII I Iltlll IIIII1111111111 Illlt lilllll 659578 06/12/1998 05:03P 25 of 28 R 0.00 D 0.00 N Sltll III Illliil 370 Sara Fisher 0.00 Eagle CO 1111111111111111111111111111111111111111111111111111111 659578 06/12/1998 MOP 370 Sara F l skier 26 of 28 R 0.00 D 0.00 N 0.00 Eagle CO Potentitlafruticosa Potentilla Western Sand Cherry Prunos bessey Chokecherry Prunes virginiana . Gambel0ak Quercus gambelii - Rocky Mt. Sumac Rhus glabra asrnontana Alpine Currant Ribes alpinum Rosa 'woodsii' Woods Rose Harison's Yellow Rose Rosa harisonii Red- leafed Woods Rose Rosa rubrifolia Shrub -Rose Rosa rugosa Rubus parviflorus Thimblebenry' Spiiaea bumalda Troebell�i' Froebel S it_ca Symphoricarpos alba Snowberry Lilac Syringa vulgans Yucca fdamentosa Native Yucca Vines: . Botanical Naiice Common Name: Hop vine liumulus sp. Lyciumhatimifolium Matnmonyvine . Ground Cover: Botanical Name Comueon Name: Achillea tomentosum nana Wooly yarrow Stonecrest. Aethionema spp. Alyssum montabum Mouittain.ifyssum Antennaria rosea Arabis alpina Pussytoes Alpine rockcress Arctostaphylos uva -ursi Kinnikkinnick or Bearberry Common thrufl Armeriamantima Cerasdum tomentosum Snow-in-Summer Dianthus plumanus Cottage pink or Grass pink Dianthus PP• utdica Maiden pink - Mock straw bent' Buphorbia spp. Spurge. Juniperus horizontalis Creeping juniper . Penstemon spp. Creeping penstemon Sayonaria octmoides'splenoens' Rock soapwort Sedum spp. Stonecrop (sedum) Sempervivum Teucnum canadese Houseleek American germander . 1111111111111111111111111111111111111111111111111111111 659578 06/12/1998 MOP 370 Sara F l skier 26 of 28 R 0.00 D 0.00 N 0.00 Eagle CO C Grasses; seed rates should be adapted to specific Locations g a ritical to successful revege Seed mixes ands application method and mulching g rases are . Elevation, aspect, slope, app rates. The f o llowin g . tation-and selection of grass species and application approved for use at Diemoz River Ranch. Cannon JVaYne:. Botanical Name Fairway wheat grass A cristatuni = Crestedwheat grass Agropyron desertorum Intermediate wheat grass Agropyron intermediu?n Slender wheat grass Agropyron trachycalumm • Smooth brotne Bromus inermis Bunch Grass ' Orchard grass Dactylis glomerata Hard fescue . Festuca ovtna Creeping red fescue . Festuca rubra Annual rye grass _ Loliummultiflorum Perennial rye gtws Lolium perenne Timothy Pideum pratense Canada bluegrass Poa compressa Wildflowers: Some wildflowers that v�ill do well d are often available thro an ugh seed companies in a variety of mixes are: . N e.. Botanical Name Aquilegiacaerulea Aster alpinus Campanula rotundifolia Chrysanthemum leucanthemurn Eehinacea purpurea - Epilobium augustifoliwu Geranium viscossissimum- Iris missourlensis Linum perenne . Lupinus argenteus Lytltrum salicaria Machaerantherabigelovii Mahonia iepens Mertensiaciliata - Penstemon strictus Polemonium' caeruleutn Solidago bccidentalis wyethis amplexicaulis Common am . Rocky Mt. Columbine AlpineAster ' Harebell .: Oxeye Daisy Purple Coneflower Fireweed. Native Geranium Native Iris ' Blue Flax Native Lupine . Purple Loosestrife StickyAstec Mahonia. Colorado Bluebells Royal Penstemon Jacob's • Ladder Goldenrod Mule's Ears ' . 1 111111111111111111111111111111111111111111111111 IN 659378 06/12/1998 03:03P 370 Sara Fisher 27 of 28 R 0.00 0 0.00 N 0.00 Eagle CO D 1 M z R .1 A �lll� Plain Re Vie C�1��C1�1S1: To- by completed by owner acid submitted with documents two weeks prior to review witi� the Design Cousuitaat- . Complefect final -Ian Review checklist Certified siuvey with two foot contours (1 " =20' -0") Door hlans,(1 /S" =1' -0" scale) Elevations of all structures (1/8" =1' -0" scale) Roof plans (i/8" =1' -0 "scale) Exterior fetish schedule F,ateriorlight Ag schedule with fi:a" cutsheets Construction details and specifications far all architectural and site elements Site grading plan including driveway grading 'and,all'proposeii grading with spot• grades at a`two :foot contour interval for all disturbed areas (1 scale) Site layout and materials plan including all barclscape:layout (1 " =20' -0" scale) Ll Planting plan locating all proposed plants with pl:tut list to inelitde quantity, liotwi- cal name, and %za of all proposed plants (1" , 20' -0" scale) Tirgation plats for a ll areas to be irrigated (1 „ =20' -0” sm.le) Utility line location aunt detailed revegetation plan Pri wy Wucture coint` 's staked on site Review Fee' 639578 06/12/1998 05.03P 370 Sara Fisher 28 of 28 R 0.00 D 0.00 N 0.00 Eagle CO