HomeMy WebLinkAbout1.00 General Application Materials
June 2025
Submitted on Behalf of:
Ironwood AG-Sages LLC
1118 Waterway Lane
Delray Beach, Florida 33483
Prepared by:
TG Malloy Consulting, LLC
402 Park Drive
Glenwood Springs, Colorado 81601
Email: tim@tgmalloy.com
P: 970.945.0832
SAGES AT ASPEN GLEN
Major Subdivision - Preliminary Plan Review Application
Sages at Aspen Glen
Major Subdivision - Preliminary Plan Review Application June 2025
SAGES AT ASPEN GLEN
Major Subdivision - Preliminary Plan Review Application
TABLE OF CONTENTS
LIST OF FIGURES | PAGE i
LIST OF TABLES | PAGE ii
LIST OF EXHIBITS | PAGE ii
LIST OF APPENDICES | PAGE iii
PROJECT TEAM | PAGE iii
DESCRIPTION OF PROPERTY AND PROPOSED DEVELOPMENT | PAGE 2
COMPLIANCE WITH ASPEN GLEN PUD & PREVIOUS APPROVALS| PAGE 6
REQUESTED APPROVALS & SUBMISSION REQUIREMENTS | PAGE 10
REVIEW CRITERIA – MAJOR SUBDIVISION - PRELIMINARY PLAN | PAGE 12
IMPACT ANALYSIS – SECTION 4-203.G | PAGE 46
COMPLIANCE WITH ARTICLE 8: INCLUSIONARY ZONING FOR HOUSING | PAGE 53
SUMMARY | PAGE 53
LIST OF FIGURES
Figure 1 | Surrounding Land Use
Figure 2 | 2011 Approved Prelimianry Plan Layout (Sages at Aspen Glen)
Figure 3 | Future Land Use Table – RMH Designation
Figure 4 | Future Land Use Map Excerpt
Figure 5 | Mule Deer Habitat Map
Figure 6 | Bald Eagle Nest Site Map
Figure 7 | Proposed Architecture (perspective drawing)
Figure 8 | View from Bald Eagle Way (Composite Image)
Figure 9 | Adjacent Land Use Map (1,500 feet)
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Major Subdivision - Preliminary Plan Review Application June 2025
Figure 10 | Aspen Glen Reserve Subdivision Layout
Figure 11 | Existing View of Subject Property from CR 109
Figure 12 | Existing View of Subject Property from Bald Eagle Way
LIST OF TABLES
Table 1 | Proposed Lot Area/FAR Summary
Table 2 | Club Villas Zone District Buildout Potential
Table 3 | PUD Development Standards (Club Villa – Single Family Attached)
Table 4 | Aspen Glen Development Data Summary
Table 5 | Aspen Glen Likely Buildout Potentail
Table 6 | Project Trip Generation
LIST OF EXHIBITS
Exhibit 1 | Divisions of Land Application Form
Exhibit 2 | Proof of Ownership Documentation
Exhibit 3 | Adjacent Property Owner List
Exhibit 4 | Certificate of Mineral Owner Research & Mineral Research Summary
Exhibit 5 | Statement of Authority – Authorization Letter
Exhibit 6 | Pre‐application Conference Summary
Exhibit 7 | Vicinity Map
Exhibit 8 | Draft Subdivision Improvements Agreement & Preliminary Cost Estimates
Exhibit 9 | Traffic Impact Study (SGM)
Exhibit 10 | Preliminary Plan Engineering Report (Crystal River Civil, LLC)
Exhibit 11 | Draft Party Wall Agreement (Example)
Exhibit 12 | Draft Sages at Aspen Glen HOA Bylaws
Exhibit 13 | Draft Sages at Aspen Glen Declaration of Covenants
Exhibit 14 | 8th Amended Aspen Glen PUD Guidelines
Exhibit 15 | Deed of Easement for Irrigation Line (Reception No. 665695)
Exhibit 16 | BOCC Resolution No. 92-056 (Aspen Glen Original PUD Approval)
Exhibit 17 | BOCC Resolution No. 97-38 (Sages Rezoning to Club Villa)
Exhibit 18 | 15th Supplemental Declaration to Aspen Glen Master Declaration
Exhibit 19 | Aspen Glen PUD Zone Districts Map
Exhibit 20 | BOCC Resolution No. 2011-54 (Prior Sages Preliminary Plan Approval)
Exhibit 21 | 9/11/24 Email from Philip Berry
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Major Subdivision - Preliminary Plan Review Application June 2025
LIST OF APPENDICES
Appendix A1 | Architectural Plans
Appendix A2 | Civil Engineering Plans
Appendix A3 | Landscape Plans
Appendix A4 | Preliminary Plat
Appendix A5 | Improvement Survey Plat
PROJECT TEAM
APPLI CANT :
Ironwood AG-Sages, LLC
1118 Waterway Lane – Delray Beach, Florida 81615
P: 561.441.0222
cg@ironwoodproperties.com
LAND US E PLANNER :
TG Malloy Consulting, LLC
402 Park Drive - Glenwood Springs, Colorado 81601
P: 970.945.0832
tim@tgmalloy.com
ARCHI TECT :
Z-Group Architects, P.C.
208 Midland Avenue - Basalt, Colorado 81621
P: 970.355.9773
randy@zgrouparchitects.com
CI VI L ENGINEERI NG:
Crystal River Civil LLC
1101 Village Road – Carbondale, Colorado 81623
P: (970) 510-5312
jay@crystalrivercivil.com
LANDSC APE ARCHI TECT :
Connect One Design
350 Market Street, Suite 307 - Basalt, Colorado 81621
P: 970-274-1065
cs@connectonedesign.com
GEOTECHNICAL ENGINEE RI NG:
RJ Engineering & Consulting, Inc.
P.O. Box 1080 - Silt, Colorado 81601
P: (970) 230-9208
richard@rj-eng.net
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June 12, 2025
Garfield County Community Development Department
c/o Philip Berry, Planner III
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: Sages at Aspen Glen Major Subdivision Preliminary Plan Review Application
Dear Philip:
This narrative and the supporting exhibits and drawings comprise an application
for Major Subdivision Preliminary Plan review. The Subject Property is located in
in the Aspen Glen PUD/Subdivision and is owned by Ironwood AG-Sages, LLC,
who will hereafter be referred to as the Applicant. The Applicant is seeking
Major Subdivision Preliminary Plan approval as described in the Pre-application
Conference Summary which is included with this application (Exhibit 6). This
application includes the required drawings and supporting reports for a
preliminary plan application as identified in the Pre-application Summary. The
reports have been prepared by experts in civil engineering, architecture,
landscape architecture, land planning, geotechnical, and traffic engineering.
One copy of the signed Payment Agreement Form and a completed CGS
Submittal Form were provided with the application submission along with a
check for the required development review fee deposit.
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DESCRIPTION OF PROPERTY AND PROPOSED DEVELOPMENT
The Sages at Aspen Glen property contains 4.24 acres and is located
approximately 3.0 miles northwest of Carbondale in the Aspen Glen
PUD/Subdivision along County Road 109 (CR 109) and immediately north of
where Bald Eagle Way intersects with the County Road. Exhibit 7 is a vicinity
map that shows the location and configuration of the property. The property is
vacant and contains few trees, most of which will be retained with the proposed
development. Existing vegetation is predominantly un-irrigated grasses with
some irrigated grasses adjacent to Bald Eagle Way and the golf course. There
are no natural watercourses, wetlands or areas of high groundwater on the
Property. The site slopes from the southwest to the northeast and there’s a berm
that runs along the western property line adjacent to CR 109 which aids in
shielding traffic noise and limits views into the property from the County Road.
The berm also serves to protect the property from drainage associated with CR
109, which is directed into a 30-inch pipe that runs through the Subject Property
and into the Aspen Glen drainage system. The location and other information
related to the pipeline are described in the Preliminary Plan Engineering Report
(Exhibit 10).
The property is included in the Aspen Glen PUD and is subject to the PUD
Guidelines and other HOA standards, covenants and restrictions. The Property is
located within the Club Villa Residential Zone District and the Applicant is
seeking to develop the property under the Single-Family Attached subsection of
the Club Villa Zone District, which allows single-family attached units (including
duplexes) intended for individual lot ownership.
The Subject Property abuts CR 109 on the west and Bald Eagle Way on the
south. To the west of CR 109 is a large vacant parcel which is owned by the
Aspen Glen Golf Company. Most of this parcel is encumbered by the steep
slopes that comprise the east-facing hillside along CR 109. To the south of Bald
Eagle Way is the green complex for hole number two of the Aspen Glen golf
course. The tee boxes and fairway for hole number three of the golf course are
located along the eastern boundary of the Subject Property. The cart path
associated with hole number three meanders in and out of the Subject Property
along the eastern boundary and segments of the cart path will need to be
relocated as shown on the Site Plan (Appendix A1 – Sheet G-101). A row of
single-family lots abut the east side of the number three fairway directly across
from the Subject Property. Four of these lots remain undeveloped. The
surrounding land uses are identified on the following figure. A list of all property
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owners within 200 feet of the Subject Property boundary has also been provided
as Exhibit 3 to this application.
FIGURE 1
Surrounding Land Use
The property is included in the Aspen Glen PUD and is subject to the PUD
Guidelines and other HOA standards, covenants and restrictions.
The proposed project includes 7 duplex buildings, containing 14 multi-family units
located on 14 lots that will have zero lot lines along the shared wall of the duplex
units. The project will include 1.06 acres of open space (25%) as shown on the
Site Plan, Sheet G-101 of in the Architectural Drawing Set (Appendix A1). A full
numerical summary of the proposed land use data is provided on this sheet. The
Applicant intends to develop the property in a single phase. Table 1 below
provides a summary of the unit and lot sizes as well as the floor area ratio (FAR)
for each lot. The table shows that the average lot size is approximately 8,385
square feet, while the average FAR is 0.368. The Aspen Glen PUD Guidelines
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allow a minimum lot size of the 2,200 square feet and a maximum FAR of .5 in
the Single-Family Attached subsection of the Club Villa Residential Zone District.
A brief summary of the proposed project’s compliance with the Aspen Glen PUD
and prior approvals is provided in the next section of this application.
TABLE 1
Proposed Lot Area/FAR Summary
The Applicant is proposing significant landscaping to minimize the project’s
visual impacts and allow the proposed units to blend into the surrounding
natural environment. The proposed landscaping is shown on the landscape
plans found in Exhibit 10. The plans include 80 deciduous and evergreen trees
and nearly 400 shrubs. The site plan and landscaping are designed to screen
views of the proposed duplex units from CR 109, Bald Eagle Way and the
residential properties located on the east side of the number three fairway.
Screening from Bald Eagle Way is achieved by providing a generous
landscaped entry area with trees and shrubs all along the Bald Eagle Way
frontage. Minimizing views of the units from CR 109 is accomplished through a
combination of building the units on lots 11 through 14 into the hillside and
strategically placing trees to break up the building massing as is depicted on
Sheet G-104 of the Preliminary Architectural Plans (Appendix A1). The existing
berm along CR 109 provides significant physical screen from CR 109, which will
be augmented by the proposed landscaping.
LOT UNIT SIZE (SF) LOT AREA (SF) F.A.R.
Lot 1 3,044 10,415 0.293
Lot 2 3,044 9,801 0.311
Lot 3 3,044 7,279 0.419
Lot 4 3,044 8,637 0.353
Lot 5 3,044 8,985 0.339
Lot 6 3,044 7,838 0.389
Lot 7 3,044 7,767 0.392
Lot 8 3,044 7,524 0.405
Lot 9 3,044 7,125 0.428
Lot 10 3,044 7,444 0.409
Lot 11 3,044 8,174 0.373
Lot 12 3,044 8,898 0.343
Lot 13 3,044 8,994 0.339
Lot 14 3,044 8,507 0.358
AVERAGE:8,385 0.368
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Screening views from the residences on the east side of the number three
fairway is made easier by the distance created by the width of the fairway. The
nearest existing homes are between 200 and 300 feet from the proposed duplex
units. In addition, most of the existing homes have their primary orientation to
the south, toward Mount Sopris, and away from the proposed units on the
Subject Property. To further diminish the visual impact of the project on the
existing homes, the Applicant proposes to provide landscaping along the
eastern property line including 19 new and existing trees and hundreds of shrubs.
The combined effect of the viewing distance and the proposed landscaping is
illustrated on Sheet G-105 of the Architectural Plans. It should be noted that the
views depicted on this sheet are from locations within the public right-of-way of
Sages Court and Spire Ridge Way and do not reflect the views from the private
homes.
Lotting Strategy and Re-Subdivision Process for Duplex Units
The Applicant is seeking Preliminary Plan approval for 14 residential lots on the
Subject Property as depicted on the Preliminary Plat drawing (Appendix A4).
However, to ensure that the common lot lines dividing the lots along the party
wall of the duplex buildings are accurate, the Applicant is proposing to utilize
the re-subdivision process used many times within Aspen Glen’s Duplex Zone
District where side-by-side duplexes have been developed. This process is
described in the following paragraphs.
Initially, each duplex lot will be final platted as a single lot encompassing the
entire duplex building, resulting in seven lots at the time of Final Plat approval.
Once the foundations for the demising walls of the duplex buildings are
completed, the as-built location of the demising wall will be surveyed. Using this
survey, the original duplex lot will then be re-subdivided into two individual lots
by platting a common lot line that precisely aligns with the built location of the
demising wall.
The Applicant hopes to establish an approach similar to the abbreviated re-
subdivision process described in the Aspen Glen PUD Guide for duplexes in the
Duplex Residential Zone District. The process requires submittal of a re-
subdivision plat, a narrative request, and property owner consent to the Garfield
County Community Development Department. Staff then reviews the submittal
for consistency with the previously recorded plat and Preliminary Plan approvals,
and the re-subdivision is brought before the Board of County Commissioners for
review and approval within 30 days. Upon approval, a Final Plat titled as a re-
subdivision of the original lot would be signed and recorded within 90 days.
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This phased approach allows for precise lot line placement along the
constructed common walls, ensures compliance with PUD zoning standards,
and achieves the intended 14 individually-owned residential lots on the Subject
Property.
COMPLIANCE WITH ASPEN GLEN PUD & PREVIOUS APPROVALS
The pre-application conference summary (Exhibit 6) requires that the Applicant
demonstrate compliance with the Aspen Glen PUD and previous approvals as
well as the LUDC. Compliance with the LUDC is addressed throughout this
application. This section is devoted to demonstrating compliance with the
Aspen Glen PUD and prior approvals and will be divided into two parts. The first
part will provide a brief summary of the history of the Aspen Glen PUD land use
approvals, specifically as they relate to the Subject Property and the proposed
project. The second part will be a description of compliance with the Aspen
Glen PUD Guide and Amended Declaration of Covenants, Conditions and
Restrictions. Aspen Glen has a long and complex entitlement history, most of
which has little or no import for the Subject Property. In the interest of efficiency,
we’ll focus solely on those aspects of the prior approvals and PUD documents
that are pertinent to the project at hand.
Aspen Glen & Sages Property Prior Approvals
The Aspen Glen PUD/Subdivision was approved in 1992 via Resolution No. 92-56
(Exhibit 16). At the time of the original approval, the Subject Property was
included in the ½-Acre Residential Zone District of the PUD. The Subject Property
was rezoned to “Golf Villas” in 1997 via Resolution No. 97-38 (Exhibit 17). It should
be noted, that the BOCC packet documents associated with the amendment
approved via Resolution No. 97-38 refer to the property as being rezoned to
“Golf Villas.” However, the Aspen Glen PUD Guidelines do not include a Golf
Villas zone district. Through research conducted by the Applicant and
consultation with the County Staff, it was determined that the Golf Villas and
Club Villa zone districts are governed by the same standards identified in the
Club Villa Acre Residential Zone District section of the current Aspen Glen PUD
Guidelines. Therefore, all mention of the applicable development standards for
the Subject Property in this application refer to the Club Villa section of the PUD
Guidelines.
Rezoning to the Golf/Club Villa zone district would appear to have substantially
increased the allowed density on the Subject Property since the Club Villa Zone
District standards allow between 2.79 du/ac (Duplex Subdistrict) and 19.8 du/ac
(Single-Family Attached Subdistrict), while the ½-Acre District allows only 2
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du/ac. However, the number of dwelling units allowed on the Subject Property
was limited by the 15th Supplemental Declaration to the Master Declaration of
Covenants, Conditions, and Restrictions for Aspen Glen (Exhibit 18). This
document was recorded in 2004 and states that the Property can be further
divided into no more than fifteen (15) lots. This translates to maximum gross
density of 3.54 du/ac. At 14 dwelling units, the density proposed by the
Applicant equates to 3.29 du/ac.
The 15th Supplemental Declaration also annexed the Subject Property into the
Aspen Glen PUD Community (HOA) and made it subject to the PUD Guidelines
and the Master Declaration. It also required that a supplemental declaration to
the Master Declaration be recorded at final plat for any future subdivision of the
Property to reallocate future lot owner’s interest and sharing ratio in the
Association Properties and Common Assessments as defined in the Master
Declaration. A draft Declaration of Covenants, Conditions, Restrictions and
Easements is provided with this application (Exhibit 13).
The Aspen Glen Zone Districts Map (Exhibit 19) indicates that the Club/Golf Villas
Zone District was approved for a total of 155 dwelling units. There are currently
91 platted lots within the Club Villas District. Only two parcels located within the
District remain unplatted. One of these is the Subject Property, for which 14
dwelling units are proposed. The other is a vacant 1.14-acre parcel located
northeast of the Clubhouse area. Table 2 below shows the buildout potential for
Club/Golf Villas Zone District and reveals that the likely buildout, including the 14
proposed dwelling units on the Subject Property, is well below what was
approved for the Zone District. The buildout potential for the parcel near the
Clubhouse area is assumed to be substantially lower than would be allowed
based on the minimum lot sizes in the Club/Golf Villa Zone District due to the lot
sizes of the adjacent properties, which are also zoned Club/Golf Villa, and the
fact that the access easement passes between two adjacent single-family
homes. This parcel had also been a concern for impacts related to the eagle
nest adjacent to the number ten fairway; however, the tree containing the nest
fell down some years ago.
TABLE 2
Club Villas Zone District Buildout Potential
Lots/Parcels Dwelling Units
Platted Lots 91
Sages (Unplatted - Proposed)14
PID#: 239320200390 (Zoning)2
Total Buildout:107
Approved:155
Unused Zoning Capacity:48
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Preliminary Plan approval for the Subject Property was granted in 2011 via
Resolution No. 2011-54 (Exhibit 20) for a project that contained 13 dwelling units
including 7 single-family lots and 6 duplex units on 3 lots. The approved
subdivision layout, which is depicted below, was similar to the layout currently
proposed by the Applicant. The 2011 Preliminary Plan approvals were extended
three times, but a final plat was never approved and the Preliminary Plan
approvals expired in 2019. Since these approvals have expired, the conditions
contained in Resolution 2011-54 are no longer binding.
FIGURE 2
2011 Approved Preliminary Plan Layout
Source: SGM 2010 Subdivision Application for Sages at Aspen Glen
Compliance with PUD Guidelines, Master Declaration & Design Guidelines
Compliance with the allowed uses and development standards for the Club
Villas Single-family Attached Zone District is addressed in the Applicant’s
response to Section 7-101 of the LUDC in the Review Criteria section of this
application. The proposed project complies with all standards in the PUD
Guidelines as described in the response.
Development on the Subject Property will be subject to a comprehensive set of
covenants and design regulations that govern subdivision, use, and
appearance. The proposed project will be required to comply not only with the
Garfield County Land Use and Development Code, but also with the Aspen
Glen Master Declaration of Covenants, Conditions and Restrictions and the
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Aspen Glen Master Design Guidelines, as administered by the Homeowners
Association at Aspen Glen, Inc. (the “Association”) and its Design Review
Committee (DRC). The Draft Covenants included with this application (Exhibit
13) are designed to be subservient to the Master Declaration and to avoid
conflicting policies and restrictions. The review for compliance with Aspen
Glen’s covenants and design guidelines will occur following approval of land
use entitlements by Garfield County and must be completed prior to submission
of any construction permit applications to the County. The Master Declaration
was most recently amended in 2007, and the summary provided herein reflects
the provisions of the current recorded version. The Master Design Guidelines
were updated in 2023.
In Aspen Glen, subdivision of a lot is prohibited without prior written approval
from both the Association and the DRC, and residential use is limited to either
single-family or duplex units, as determined by the PUD Guide. Duplexes are
allowed on designated lots and must be designed to reflect the architectural
quality and coherence expected throughout the community. The DRC
enforces all review processes, and no exterior improvements including buildings,
fences, lighting, or landscaping may be installed or modified without prior
approval.
The Aspen Glen Master Design Guidelines provide the detailed framework
through which these restrictions are implemented. All new homes and major
improvements must be designed by a licensed architect and meet “mountain
sophistication” standards—using natural materials such as stone and wood in a
refined and regionally appropriate style. The Guidelines address every aspect of
site and building design, including building height and massing, roof forms,
materials, color palettes, lighting, garages, and duplex configuration.
Landscaping standards emphasize native and drought-tolerant species, and
irrigation systems must be zoned and designed for efficiency. Fencing is limited
in height and location, particularly where view corridors exist, and all exterior
lighting must be downcast and low-intensity to preserve night sky quality. Signs
are limited to temporary real estate or construction signage that meets size and
material requirements. Neighborhood entry monument signs are also permitted
when integrated into a street median or landscape feature and constructed
with materials consistent with the development’s architecture and the overall
community design theme.
Other important restrictions address weed management, which requires
ongoing control of noxious and invasive plants; pesticide and herbicide use,
which must be responsible and non-impactful to neighbors or natural areas; and
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fire protection, which mandates the maintenance of defensible space around
structures and adherence to vegetation and setback rules.
The Applicant commits to working with the Aspen Glen Association and Design
Review Committee to ensure that all applicable covenants, conditions,
restrictions, and design standards set forth in the Aspen Glen PUD documents
are addressed in a manner consistent with the County’s land use approvals.
REQUESTED APPROVALS & SUBMISSION REQUIREMENTS
Application Submission Requirements
The Applicant is seeking Major Subdivision Preliminary Plan approval for the
Sages at Aspen Glen property. As stated in the Pre-application Conference
Summary provided in Exhibit 6. This application includes the maps and other
documentation required for review of the requested approval. The submittal
requirements from the Pre-application Conference Summary are listed below
along with the location in this application where each item can be found. The
bold text indicates where in this application the submission requirement or
document can be found.
The Pre-application Conference Summary also requests that the Applicant
explain the future process for dividing duplex lots, as well as zero lot lines, party
wall agreements, and similar provisions necessary to address duplex
development. The future process for dividing duplex lots is described in “Lotting
Strategy and Re-Subdivision Process for Duplex Units” section on page 5 of this
application. Zero lot lines are discussed in the Applicant’s response to Section
7-101 - Compliance with Zone District Use Restrictions, which starts on page 12 of
this application. An example party wall agreement is provided as Exhibit 11.
The intent is that this document be required to be executed and recorded at
closing on the purchase of the second unit in a duplex building. It might also
make sense to include it as an attachment to the Sages at Aspen Glen
Declaration of Covenants (Exhibit 13).
The regulatory documents and code sections containing the submission
requirements and review criteria are addressed in the Review Criteria section of
this application. A complete list of all maps and exhibits is also provided in the
table of contents.
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List of Application Submission Requirements
• 4-203.A & B General Application Materials:
➢ Application Form: (Exhibit 1)
➢ Ownership Documentation: (Exhibit 2)
➢ List of Property Owners within 200 feet: (Exhibit 3)
➢ Mineral Rights Information: (Exhibit 4)
➢ Statement of Authority & Letter of Authorization: (Exhibit 5a and 5b)
➢ Fee Payment & Payment Agreement Form: Provided at submission
➢ Pre-application Conference Summary: (Exhibit 6)
• Project Description: See Description of Property & Proposed Development
section of this application.
• 4-303.C Vicinity Map: (Exhibit 7)
• 4-203.D Site Plan: (Appendix A1-Sheet G-101; Appendix A4-Preliminary
Plat)1
• 4-203.E Grading and Drainage Plan: (Appendix A2)
• 4-203.F Landscape Plan & Entry Sign Detail: (Appendix A3)
• 4-203.G Impact Analysis: (Included in Application Narrative)
• 4-203.K Improvements Agreement & Preliminary Cost Estimates: (Exhibit 8)
• 4-203.L Traffic Study: (Exhibit 9)
• 4-203.M Water Supply & Distribution Plan: (Exhibit 10 – Preliminary
Engineering Report & Appendix A2 Civil Engineering Plans)
• 4-203.N Wastewater Management and System Plan: (Exhibit 10 –
Preliminary Engineering Report & Appendix A2 Civil Engineering Plans)
• 5-402.D Preliminary Plan Map: (Appendix A1-Sheet G-101; Appendix A2;
and A4-Preliminary Plat)
• 5-402.G Open Space Plan Map: (Appendix A2 – Sheet C.03)
• 5-402.H Visual Analysis: (Appendix A1 – Sheets G-103 to G-106)
1 The extensive requirements of Section 4-203.D (Site Plan) and 5-402.D (Preliminary Plan Map) are satisfied
by the combined contents of several drawings and documents as indicated.
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• 5-402.I Codes, Covenants and Restrictions: (Exhibit 12 – Draft HOA Bylaws
& Exhibit 13 – Draft Declaration of Covenants, Conditions and Restrictions)
• 5-302.C(3) Compliance with Article 7; Divisions 1, 2, 3 and 4: See Review
Criteria section of this application.
• 8-102.A Inclusionary Zoning for Housing - Applicability: See Review Criteria
section of this application
REVIEW CRITERIA – MAJOR SUBDIVISION PRELIMINARY PLAN
Per Section 5-302(C) of the LUDC, the regulatory provisions for the requested
preliminary plan approval are addressed below. The actual text from the Land
Use Code is provided in bold and italic type.
❖ 5-320 Compliance with Article 7: Standards (Divisions 1 through 4)
Section 5-302.C specifies that applications for preliminary plan review must
demonstrate compliance with the standards in Article 7, Divisions 1 through 4 of
the Land Use Code, which are addressed in this section.
DIVISION 1- GENERAL APPROVAL STANDARDS
7-101 Compliance with Zone District Use Restrictions: The Land Use Change shall
comply with Article 3, Zoning, including any applicable zone district use
restrictions and regulations.
Applicant Response: The applicable zoning in this case is established by the
existing Aspen Glen PUD and the related Aspen Glen PUD Guidelines (Exhibit 14).
The Subject Property is located within the Club Villa Residential Zone District. This
district includes three subdistricts intended to accommodate different unit types
and ownership arrangements. The Applicant intends to develop the property
under the Single-Family Attached subdistrict, which accommodates single-
family attached dwellings intended for individual lot ownership. This subdistrict is
limited to structures with no more than eight residential units. Table 3 provides a
summary of the development standards for the Single-Family Attached
subdistrict.
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TABLE 3
Development Standards (Club Villa – Single Family Attached)
The proposed project complies with all applicable development standards for
the Club Villa – Single Family Attached PUD zone district, with the exception of
the side yard setback on the common-wall side of the duplex units. In these
cases, a zero-lot-line condition is proposed, which is consistent with Section
3.202(D) of the LUDC as applied to attached dwellings. Section 3.202(D) of the
LUDC states that “for purposes of setback calculations, only those row houses
that do not share a common wall with an adjacent row house need to observe
the required side yard setback for the district.” This interpretation is supported by
direction from Community Development Department staff, who identified
Section 3.202(D) as applicable for accommodating zero-lot-line duplexes under
this configuration (see Exhibit 21 - 9/11/24 Email from P Berry). Side-by-side
duplex units are fairly common in Aspen Glen and the PUD’s Duplex Residential
Zone District allows zero-lot-lines to accommodate duplex units where separate
ownership is desired. The intent statement for the Club Villa Residential Zone
District, the district within which the Subject Property is located, reads as follows:
“Single-family attached and single-family detached residential dwellings
intended for individual lot ownership, which may include golf villas, townhomes,
club villas, and duplexes.” This clearly contemplates attached dwelling units on
separate lots as is proposed by the Applicant. However, neither the Single
Family Attached, nor the Duplex subdistricts of the Club Villa District include a
provision for zero-lot-lines. Accordingly, the Applicant respectfully requests that
the proposed zero-lot-line duplex configuration be deemed consistent with
Section 3.202(D), and with the stated intent of the Club Villa Zone District.
Minimum Lot Size (square feet):2,200
Maximum Height (feet): 25
Minimum Front Yard Setback from Easement or ROW Line (feet):20
Minimum Lot Width (feet):*22
Minimum Lot Depth (feet):100
Maximum FAR: 0.5
Minimum Rear Yard (feet): 20
Minimum Rear Yard Where Property Abuts BLM or Open Space/Golf
Parcels – per Reso No.: 98-66 (feet):10
Minimum Side Yard 7.5
Minimum Separation Between Buildings: 20 feet or twice the required setback
Maximum Number of Attached Units in a Single Structure: 8
Minimum Off-street Parking Spaces Per Dwelling Unit: 2
Minimum Open Space (percent):25
*Cul-de-sac, pie shaped, and flag lots may have a less than minimum width measured at building setback, but no lots shall have
less than 16 feet of width on public access ROW or easement.
Development Standards (Club Villa - Single Family Attached)
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7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements:
The Land Use Change is in general conformance with the Garfield County
Comprehensive Plan and complies with any applicable intergovernmental
agreement.
Applicant Response: To the Applicant’s knowledge, there are no
intergovernmental agreements that affect the Subject Property. Compliance
with the Comprehensive Plan is addressed in the following paragraphs.
Policies:
The proposed project is consistent with the Garfield County Comprehensive Plan
2030’s support for infill development within existing subdivisions where public
services and utilities are available. The Subject Property is part of the approved
Aspen Glen PUD, and the proposal makes use of existing or easily extended
infrastructure. Support for infill development is incorporated into the County’s
Future Land Use Vision Statement which emphasizes growth in areas that can
accommodate it cost effectively, such as Urban Growth Areas and other areas
with existing infrastructure. The project contributes to the community housing
stock without expanding into undeveloped rural areas, and aligns with goals of
sustainability, resource efficiency, and preserving rural character by
concentrating development where services are already in place. Some of the
relevant Comprehensive Plan issue statements and policies are listed below.
SECTION 1: URBAN GROWTH AREAS & INTERGOVERNMENTAL COORDINATION
BACKGROUND & KEY ISSUES
3. There are several areas of urban development in the unincorporated
county which are served by established metropolitan service or special
districts. In these areas, relatively higher density development to serve
workforce housing needs should be considered.
12. Summary and overview of key issues:
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iv. Encourage future development requiring urban services to be located in
areas where these services are or can readily be made available.
SECTION 6: AGRICULTURE
POLICIES & STRATEGIES
Policy 1: Ensure that current land use planning objectives protect, support
and strengthen both new and existing agricultural uses.
Strategies:
viii. To reduce development pressures on agricultural lands, direct
higher density development to infill areas, incorporated areas of
Garfield County and within urban service boundaries, along with
areas serviced by water and sewer.
SECTION 7: WATER AND SEWER SERVICES
BACKGROUND & KEY ISSUES
5. There are significant benefits to locating growth and development in areas
of Garfield County where sufficient water resources exist.
POLICIES & STRATEGIES
Policy 1: Development located adjacent to municipalities or water and
sanitation districts with available capacity in their central
water/sewer systems will be prioritized and required to tie into
these systems where feasible.
Strategies:
ii. New development should be clustered around existing water and
sanitation districts and located within their approved service area if
feasible.
SECTION 8: NATURAL RESOURCES, HABITAT AND WILDLIFE
POLICIES & STRATEGIES
Policy 1: Encourage the protection and preservation of critical wildlife
habitat.
Strategies:
ii. Encourage higher intensity development away from critical
wildlife habitat areas and migration corridors as identified by
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Colorado Parks and Wildlife’s High Priority Habitat mapping layers,
along with the Colorado National Heritage Program’s report
“Survey of Critical Biological Resources - Garfield County,
Colorado, Volume I”. Direct development to infill areas,
incorporated areas of Garfield County and within urban service
boundaries and areas serviced by water and sewer.
These policies collectively support development that takes advantage of
existing subdivision layouts and utility networks. The proposed project fits that
framework by advancing residential development in a manner that is efficient,
compact, and consistent with the long-standing land use entitlements
associated with the Aspen Glen PUD.
Future Land Use Map:
The Future Land Use Map shows the Subject Property within the Residential
Medium High (RMH) future land use designation. The description of this
designation is provided in the excerpt from the Future Land Use Chapter of the
Comp Plan below (Figure 3) and a clip of the relevant portion of the Future Land
Use Map is provided as Figure 4. The list of appropriate uses for the RMH future
land use designation includes residences and clustered residential subdivisions
with densities of 1 dwelling unit per 2 to 6 acres (.5 to .18 du/ac).
FIGURE 3
Future Land Use Table (Excerpt)
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FIGURE 4
Future Land Use Map (Excerpt)
The gross density of the proposed project is 3.29du/ac as shown in the
calculation below.
GROSS DENSITY CALCULATION (SUBJECT PROPERTY)
4.243 acres/14 dwelling units = 3.29 du/ac
The gross density of the approved 2010 Preliminary Plan for the Subject Property
was 3.06 du/ac, which is only slightly lower than the current proposal. While the
Garfield County Comprehensive Plan currently recommends a future residential
density of .5 du/ac to .18 du/ac, the Aspen Glen PUD, approved over 30 years
ago, authorized a total of 630 residential units at an overall gross density of
approximately 0.69 dwelling units per acre (see Table 4). This figure includes the
entire 938-acre PUD, much of which is dedicated to open space, including the
golf course, riverfront areas, and other common area lands. The density of the
proposed project is limited to the development footprint of the Subject Property
and does not reflect the extensive open space established by the original PUD.
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TABLE 4
Aspen Glen Development Data Summary
Source: Aspen Glen PUD Zone Districts Map
To evaluate the project’s compliance with the Future Land Use Map and the
recommended residential density, an “effective density” metric is provided. This
approach assumes that the open space approved with the original PUD,
including the golf course, river parks, general open space, and clubhouse area,
was intended to support the residential use of the Aspen Glen development as
a whole. By assigning a proportional share of that open space to each of the
630 approved dwelling units, each unit is effectively associated with
approximately 0.75 acres of open space. To determine the effective density for
the proposed project (in dwelling units per acre), the following was used.
EFFECTIVE DENSITY CALCULATION – (Per Approved AG PUD Units)
Effective Density = Proposed Dwelling Units (Subject Property)/Total Land
Area (including assigned open space).
• Proposed Dwelling Units = 14
• Total Land Area = 4.243 (Subject Property Acreage) + 10.444 (Assigned
PUD Open Space – See Calculation Below*)
Effective Density: 14/14.687 = 0.95 du/ac
Zone District Total Area (±Acres)Total Number of Dwelling Units
Club/Golf Villas 37 155
Duplex Residential 34 90
1/4 Acre Residential 40 95
1/2 Acre Residential 153 228
3/4 Acre Residential 49 41
2-10 Acre Residential 154 21
Golf Course 188
Golf Clubhouse 10
Open Space/River Parks 272
Fire Station 1
Total 938 630
Open Space Total 470
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*Assigned PUD Open Space = (PUD Open Space/Total PUD Units) x Proposed
Units.
• PUD Open Space = 470 Acres
• Total PUD Dwelling Units = 630
• Proposed Units (Subject Property) = 14
Assigned PUD Open Space: (470/630) x 14 = 10.444 acres
Additionally, while the PUD permits up to 630 units, current development trends
and remaining buildout capacity suggest that full buildout is unlikely. This would
further reduce the Effective Density. To illustrate the potential impact of this
reduction, an alternate Effective Density calculation is provided below. This
calculation is based on the likely buildout scenario for the Aspen Glen PUD as
summarized in Table 5 below.
TABLE 5
Aspen Glen Likely Buildout Potential
ALTERNATE EFFECTIVE DENSITY CALCULATION (Per Likely Buildout)
Effective Density = Proposed Dwelling Units (Subject Property)/Total Land
Area (including assigned open space).
• Proposed Dwelling Units = 14
• Total Land Area = 4.24 (Subject Property Acreage) + 11.79 (Assigned PUD
Open Space – See Calculation Below *)
Alternate Effective Density: 14/16.03 = 0.87 du/ac
Lots/Parcels Dwelling Units
Platted Lots 487
Vacant Duplex Lots1 13
PID#: 239320200390 (Unplatted - Estimate)2
The Reserve (Unplatted - Proposed)2 42
Sages (Unplatted - Proposed)14
Total Buildout:558
Approved:630
Unused Zoning Capacity:72
2 Inlcudes 21 ADUs.
1 Additional dwelling units assuming all vacant duplex-zoned lots are
subdivided and developed with duplex buildings.
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*Assigned PUD Open Space = (PUD Open Space/Total PUD Units) x Proposed
Units.
• PUD Open Space = 470 Acres
• Total PUD Dwelling Units = 558
• Proposed Units (Subject Property) = 14
Assigned PUD Open Space: (470/558) x 14 = 11.79 acres
When adjusted to account for the proportional share of open space within the
Aspen Glen PUD, the proposed density drops substantially and reflects the true
development pattern which is visually and functionally consistent with lower-
density expectations. When viewed in this context, the proposal is close to the
recommended density range for the Residential Medium High future land use
category and is compatible with the overall character of the Aspen Glen PUD
and the surrounding area. This, together with the fact that the proposed project
is consistent with the County’s support for infill development as expressed in the
vision statement and policies of the 2030 Comprehensive Plan, demonstrates
that the project is in general conformance with the Garfield County
Comprehensive Plan.
7-103. Compatibility. The nature, scale, and intensity of the proposed use are
compatible with adjacent land uses.
Applicant Response: The Subject Property is located within the Aspen Glen PUD
which includes sub-neighborhoods with widely varying residential densities and
unit types. The proposed density for the Subject Property is 3.72 DU/Acre (net of
road right-of-way). The Club Lodge area, which is the row of duplexes near the
clubhouse building, has a density of 5.2 DU/Acre, while some of the large single-
family lots along the Roaring Fork River have densities as low as .56 DU/Acre. The
Peaks neighborhood, which shares the same Club Villa zoning as the Subject
Property, has a density of 4.4 DU/Acre (net of road right-of-way), while the
Clubhouse Cottages area, also zoned Club Villa, has a density of 3.25 DU/Acre.
The density of the area of homes along Saddleback Road, across the fairway
from the Subject Property, is 1.69 DU/Acre. This neighborhood is within the ½-
Acre Residential Zone District, which is intended for single-family homes only.
Since the Subject Property is located immediately adjacent to CR 109 and the
intersection with Bald Eagle Way, it was believed to be appropriate for higher
density development than the nearby single-family-zoned neighborhoods. This is
the reason the Property was rezoned to the Club Villa Zone District in 1997. The
Club Villa District is intended to accommodate a mix of single-family, duplex
and multi-family units. The proposed density for the Subject Property is also
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consistent with other areas of Aspen Glen where duplex units are intended. A
sampling of several clusters of duplex lots within Aspen Glen’s Duplex zone
district shows the average density to be approximately 3.25 DU/Acre. Given the
Subject Property’s location adjacent to CR 109 and the fact that the property is
somewhat isolated from the adjacent single-family neighborhoods by the golf
course fairways, the proposed density and character of the project is
compatible with the surrounding area.
7-104 & 105. Source of Water. All applications for Land Use Change Permits shall
have an adequate, reliable, physical, long term, and legal water supply to serve
the use, except for land uses that do not require water, or that contain
Temporary Facilities served by a licensed water hauler.
Applicant Response: Water for the project will be provided by the Roaring Fork
Water and Sanitation District (RFWSD) water supply system, which is the service
provider for the remainder of the Aspen Glen subdivision and other nearby
subdivisions. RFWSD has adequate capacity to serve the project as confirmed
by the will-serve letter included in the Preliminary Plan Engineering Report (Exhibit
10). A more detailed discussion of the proposed water system is provided in
Section 5 of Exhibit 10, and the proposed system infrastructure is depicted on the
Civil Engineering Plans.
The RFWSD was created to serve all of Aspen Glen and areas beyond.
Consumption associated with the proposed project represents only 14 taps out
several thousand ultimate taps planned for the District. Water for the District Is
supplied through an augmentation plan, Case No. 93CW192, which was
approved on October 31, 1995. Under this plan, water is supplied via wells on
the Aspen Glen property, which are augmented through contracts with both
the West Divide Water Conservancy District and the Basalt Water Conservancy
District.
Similarly, wastewater treatment will be provided by RFWSD via the existing
wastewater collection and treatment system. System capacity is adequate to
serve the proposed project as addressed in the will-serve letter included in
Exhibit 10. There is an existing sanitary sewer main located within the Bald Eagle
Way right-of-way to which the units in the project will be connected via a
proposed 8-inch main. Due to the elevation of the existing sewer main under
Bald Eagle Way, a lift station will be required. More details regarding the existing
system and the proposed sanitary sewer infrastructure is provided in the
Preliminary Plan Engineering Report (Exhibit 10) and the Civil Engineering
Drawings (Appendix A2).
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7-106. Public Utilities. Adequate Public Utilities shall be available to serve the
land use.
Applicant Response: Existing communication, electric and gas lines are
available to the Subject Property. Utilities will be installed under the proposed
access road. The Applicant will coordinate with the utility service providers
rergarding all requried easements. Further details are provide in the Preliminary
Plan Engineering Report (Exhibit 10) and Civil Engineering Drawings (Appendix
A2). Will serve letters have been obtained from Excel Energy (electricity) and
Black Hills Energy (natural gas) and are included in the Preliminary Plan
Engineering Report.
7-107 Access and Roadways: All roads shall be designed to provide for
adequate and safe access and shall be reviewed by the County Engineer.
B. Safe Access.
Access to and from the use shall be safe and in conformance with applicable
County, State, and Federal access regulations. Where the Land Use Change
causes warrant(s) for improvements to State or Federal highways or County
Roads, the developer shall be responsible for paying for those improvements.
C. Adequate Capacity.
Access serving the proposed use shall have the capacity to efficiently and
safely service the additional traffic generated by the use. The use shall not
cause traffic congestion or unsafe traffic conditions, impacts to the County,
State, and Federal roadway system shall be mitigated through roadway
improvements or impact fees, or both.
D. Road Dedications.
All rights-of-way shall be dedicated to the public and so designated on the Final
Plat. They will not, however, be accepted as County roads unless the BOCC
specifically designates and accepts them as such.
E. Impacts Mitigated.
Impacts to County roads associated with hauling, truck traffic, and equipment
use shall be mitigated through roadway improvements or impact fees, or both.
F. Design Standards.
Roadways, surfaces, curbs and gutters, and sidewalks shall comply with the
standards in Table 7-107: Roadway Standards.
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Applicant Response: The proposed project will be served by a single access
road which will intersect with Bald Eagle Way at a location that was selected to
provide adequate separation between the golf cart path crossing Bald Eagle
Way and the back gate and landscape island associated with the Bald Eagle
Way/CR 109 intersection. This location also allows for an acceptable grade
transition for the intersection between the proposed access road and Bald
Eagle Way. More detailed discussions of the access drive design, the
intersection with Bald Eagle Way and the related traffic generation and road
capacity issues are provided in the Traffic Analysis prepared by SGM (Exhibit 9)
and the Preliminary Plan Engineering Report (Exhibit 10).
The Traffic Analysis includes the following list of conclusions and proposed
mitigation measures. The mitigation measures will be incorporated into the
design of the proposed access road.
Conclusions
• The project access location to Bald Eagle Way and nearby CR 109
intersection will operate efficiently as single lane approaches without the
need for auxiliary turn lanes for ingress or egress to the project.
• The CR 109 roadway capacity is adequate to carry the 20-year design
volumes calculated in this study.
• Based on comparison of existing traffic (or permit) volumes to projected
Reserve traffic volumes at the CR 154 and Diamond A Ranch Road
(Aspen Glen main entry intersection) legs of SH 82 intersections, a State
Highway Access Permit is not required since the increase in traffic is less
than the 20% threshold in the State Highway Access Code.
Mitigatoin Measures
• Design of the access point to ensure any proposed roadside landscape
plantings near the access are located outside the sight triangle area.
• Provide a Stop sign at the Sages approach to Bald Eagle Way.
The Traffic Analysis report also includes a discussion of the signal warrant study
that was prepared for the Aspen Glen main entrance intersection in 2019 (see
page 11, Exhibit 9). The conclusion of the 2019 study was that “Signal Warrants
are not met for this intersection based upon high SH 82 volumes and a Diamond
A Ranch Road volume that does not meet warrant thresholds based upon a high
speed (> 40mph) isolated (rural) intersection.” In the Traffic Analysis report
prepared for current proposal on the Subject Property, SGM considered the
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traffic generated by the project as well as increases in background traffic and
concluded that that the traffic volumes at the Aspen Glen main entrance will
not meet the warrant volumes for a signalized intersection.
The proposed right-of-way will be dedicated to Garfield County and the
Applicant will pay the required road impact fee as discussed in the response to
Section 7-405 later in this application.
The proposed road meets the residential roadway standards for Aspen Glen
and Garfield County. A review of the proposed access road’s compliance with
the Garfield County Roadway Standards (Table 7-107) is provided in the
Preliminary Plan Engineering Report (Exhibit 10).
7-108. Use of Land Subject to Natural Hazards.
Land subject to identified Natural and Geologic Hazards, such as falling rock,
landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall
not be developed unless it has been designed to eliminate or mitigate the
potential effects of hazardous site conditions as designed by a qualified
professional engineer and as approved by the County.
Applicant Response: The are no mapped geologic hazards on the subject
property. The Preliminary Geotechnical Engineering Report (Appendix D to
Exhibit 10) identified a minor risk of slope instability, rockfall and debris flow but
deemed these hazards negligible for development. The Geotechnical Report
also identified a risk of sink holes occurring but classified the risk as low to
moderate and stated that no indications of active sink holes were observed on
the site. Evidence of collapsible soils was also identified in the geotechnical
report. The report noted that structures supported on deep foundations should
not be affected by collapsible soils. However, several recommendations were
made to decrease the likelihood of differential movement damaging roads,
driveways, and utilities. These recommendations are listed below and have
been incorporated in the grading and drainage design for the project.
• Drainage should be designed to prevent ponding of water around
improvements and flatwork during precipitation events.
• Surface flow should be directed away from improvements and flatwork as
quickly as possible to reduce surface water infiltration.
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• Drainage swales and detention ponds that are uphill or adjacent to
improvements should be lined to reduce the likelihood of water infiltration
into the subsurface and reduce the potential for settlement.
Areas of steep slopes also exist on the property. Compliance with the
requirements for development on steep slopes is addressed in the response to
Section 7-207 of this application.
7-109. Fire Protection.
A. Adequate Fire Protection. Adequate fire protection will be provided for each
land use change as required by the appropriate fire protection district.
B. Subdivisions. All divisions of land must be reviewed and approved by the
appropriate fire protection district for adequate primary and secondary access,
fire lanes, water sources for fire protection, fire hydrants, and maintenance
provisions.
Applicant Response: The subject property is located within the Carbondale &
Rural Fire Protection District (CRFPD) and will be provided with fire protection
service by the District. The project has been discussed with the Carbondale and
Rural Fire Protection District, and they have indicated that the proposed access
and turn-around are adequate for emergency use. The County requires review
by the local fire district as part of the Final Plat stage of the development review
process and the Applicant will coordinate with the CRFPD to facilitate this
review at the appropriate time.
DIVISION 2- GENERAL RESOURCE PROTECTION STANDARDS
7-6 -201 Agricultural Lands:
A. No Adverse Affect to Agricultural Operations - Land use changes on lands
adjacent to or directly affecting agricultural operations shall not adversely
affect, or otherwise limit the viability of existing agricultural operations. Proposed
division and development of the land shall minimize the impacts of residential
development on agricultural lands and agricultural operations, and maintain the
opportunity for agricultural production.
Applicant Response: The Subject Property is part of the Aspen Glen
residential/golf community and is not used for agricultural purposes. Nor is the
property mapped for any of the categories of important agricultural lands
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identified in the County’s GIS inventory and there are no nearby agricultural uses
that the proposed development will affect.
7-202. Wildlife Habitat Areas. The Applicant shall consult with the Colorado
Parks and Wildlife or a qualified wildlife biologist in determining how best to
avoid or mitigate impacts to wildlife habitat areas.
Applicant Response: The Subject Property is part of the Aspen Glen
residential/golf community, which has been developed over the past 33 years.
The approval process for the Aspen Glen PUD included extensive input and
refinement through consultation with wildlife officials to mitigate the effects on
wildlife. Partly for this reason, no critical wildlife habitat is mapped for the
Subject Property. Mule Deer Winter Concentration and Sever Winter Range
habitat is mapped for the east-facing slope on the west side of CR 109, but this
habitat does not extend onto the Subject Property (refer to Figure 5). There are
no mapped or known Elk or Mule Deer migration corridors or migration patterns
in the area of the Subject Property. Nor is there any mapped critical habitat for
Elk (Severe Winter Range, Winter Concentration Area, Production Area or
Resident Population Area). However, Winter Range for both Elk and Mule Deer is
mapped for the Subject Property and the surrounding region. Elk and Mule Deer
do congregate on the golf course in the winter and steps will need to be taken
to protect landscaping on the Subject Property from browse.
While there is a well-known active Bald Eagle nest site located within the Aspen
Glen Subdivision, the nest is approximately 1.4 miles to the south of the Subject
Property and the proposed project would have no significant impact on this
nest (refer to Figure 6). The Colorado Parks and Wildlife Department (CPW)
recommends that there be no surface occupancy (presence or use of land by
people, structures, vehicles or equipment) within a ¼-mile of an active nest site.
CPW further recommends that there be no human activities within a ½-mile
radius of an active nest from December 1 through July 31, though this period
may be extended if chicks are still present in the nest beyond July 31. There are
also mapped Bald Eagle Roost Sites along the Roaring Fork River approximately
.6 miles east of the Subject Property. The CPW protocol for roost sites is to avoid
surface occupancy within a ¼-mile and to avoid human activity within this same
radius from November 15 through March 15. The Subject Property is well outside
of this buffer zone.
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FIGURE 5
Mule Deer Habitat Map
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FIGURE 6
Bald Eagle Nest Site Map
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7-203 Protection of Waterbodies.
A. Minimum Setback.
1. A setback of 35 feet measured horizontally from the Typical and Ordinary
High Water Mark (TOHWM) on each side of a Waterbody is required.
2. In the case of entrenched or incised streams, where the vertical distance
from the bank exceeds 25 feet, all activities, except for those referenced
in section 7-203.A.3, will adhere to a setback of 2.5 times the distance
between the TOHWMs or 35 feet, whichever is less.
3. A minimum setback of 100 feet measured horizontally from the TOHWM
shall be required for any storage of hazardous materials and sand and salt
for use on roads.
B. Structures Permitted In Setback.
Irrigation and water diversion facilities, flood control structures, culverts, bridges,
pipelines, and other reasonable and necessary structures requiring some
disturbance within the 35 foot setback may be permitted.
C. Structures and Activity Prohibited in Setback.
Unless otherwise permitted or approved, the following activities and
development shall be prohibited in the 35 foot setback:
1. Removal of any existing native vegetation or conducting any activity
which will cause any loss of riparian area unless it involves the approved
removal of noxious weeds, nonnative species, or dead or diseased trees.
2. Disturbance of existing natural surface drainage characteristics,
sedimentation patterns, flow patterns, or flood retention characteristics by
any means, including without limitation grading and alteration of existing
topography. Measures taken to restore existing topography to improve
drainage, flow patterns, and flood control must be approved.
D. Compliance with State and Federal Laws.
Any development impacting a Waterbody shall comply with all applicable state
and federal laws, including, but not limited to, CDPHE water quality control
division regulations and the Army Corp of Engineers regulations and permitting
for waters of the U.S.
Response: There are no water bodies of any kind on or near the Subject
Property. The County’s GIS streams and ditches inventory shows the Kaiser-
Sievers Ditch traversing the Property from south to north; however, this ditch was
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rerouted when the Aspen Glen Subdivision was developed, and the ditch no
longer enters onto the Property.
7-204 Drainage and Erosion.
B. Drainage
1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide
positive drainage away from all buildings.
2. Coordination with Area Storm Drainage Pattern. Individual lot drainage
shall be coordinated with the general storm drainage pattern for the area.
a. Drainage ditches shall have a minimum Slope of no less than 0.75%.
Energy dissipaters or retention ponds shall be installed in drainage
ditches where flows are in excess of 5 feet per second. Ditches
adjacent to roads shall have a maximum Slope of 3:1 on the inside and
outside edges, except where there is a cut Slope on the outside edge,
in which case the edge of the ditch shall be matched to the cut Slope.
b. Subdrains shall be required for all foundations where possible and shall
divert away from building foundations and daylight to proper drainage
channels.
c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid
concentration of drainage from any lot to an adjacent lot.
C. Stormwater Run-Off
These standards shall apply to any new development within 100 feet of a
Waterbody and to any other development creating 10,000 square feet or more
of impervious surface area.
1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater
Runoff from project areas likely to contain pollutants shall be managed in
a manner that provides for at least 1 of the following and is sufficient to
prevent water quality degradation, disturbance to adjoining property, and
degradation of public roads.
A. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas
capable of maintaining Sheetflow for infiltration. Vegetated receiving
areas should be resistant to erosion from a design storm of 0.5 inches in
24 hours.
b. On-Site Treatment. On-site treatment of stormwater prior to discharge
to any natural Waterbody by use of best management practices
designed to detain or infiltrate the Runoff and approved as part of the
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stormwater quality control plan prior to discharge to any natural
Waterbody.
c. Discharge to Stormwater Conveyance Structure. Discharge to a
stormwater conveyance structure designed to accommodate the
projected additional flows from the proposed project, with treatment
by a regional or other stormwater treatment facility.
2. Minimize Directly-Connected Impervious Areas. The site design shall
minimize the extent of directly-connected impervious areas by including
the following requirements:
a. Drainage through Vegetated Pervious Buffer Strips. Runoff from
developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.)
shall drain over stable, vegetated pervious areas before reaching
stormwater conveyance systems or discharging to Waterbodies.
b. Techniques Used in Conjunction with Buffer Strip. The requirement that
all impervious areas drain to vegetated pervious buffer strips may be
reduced if the outflow from the vegetated pervious buffer strip is
directed to other stormwater treatment methods. Examples of other
potential techniques to be used in conjunction with vegetated pervious
buffer strip are: infiltration devices, grass depressions, constructed
Wetlands, sand filters, dry ponds, etc.
c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto
grass buffer strips, a Slope of less than 10% is encouraged, unless an
alternative design is approved by the County.
3. Detain and Treat Runoff. Permanent stormwater detention facilities are
required to be designed to detain flows to historic peak discharge rates
and to provide water quality benefits and maintained to ensure function.
Design criteria for detention facilities include:
a. Detention facilities shall ensure the post-development peak discharge
rate does not exceed the pre-development peak discharge rate for
the 2-year and 25-year return frequency, 24-hour duration storm. In
determining Runoff rates, the entire area contributing Runoff shall be
considered, including any existing off-site contribution.
b. To minimize the threat of major property damage or loss of life, all
permanent stormwater detention facilities must demonstrate that there
is a safe passage of the 100-year storm event without causing property
damage.
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c. Channels downstream from the stormwater detention pond discharge
shall be protected from increased channel scour, bank instability, and
erosion and sedimentation from the 25-year return frequency, 24-hour
design storm.
d. Removal of pollutants shall be accomplished by sizing dry detention
basins to incorporate a 40-hour emptying time for a design
precipitation event of 0.5 inches in 24 hours, with no more than 50% of
the water being released in 12 hours. If retention ponds are used, a 24-
hour emptying time is required. For drainage from Parking Lots, vehicle
maintenance facilities, or other areas with extensive vehicular use, a
sand and oil grease trap or similar measures also may be required. To
promote pollutant removal, detention basins length-to-width ratio
should be not less than 2, with a ratio of 4 recommended where site
constraints allow. A sedimentation “forebay” is recommended to
promote long-term functioning of the structure. Access to both the
forebay and pond by maintenance equipment is required.
e. Culverts, drainage pipes, and bridges shall be designed and
constructed in compliance with AASHTO recommendations for a water
live load.
Applicant Response: The criteria in this section are addressed in the Drainage
section of the Preliminary Plan Engineering Report (Exhibit 10) and Civil
Engineering Drawings (Appendix A2). All drainage facilities associated with the
project have been designed in accordance with the standards and
requirements of this section. The following statement from the Engineering
Report best summarizes the situation with respect to drainage related to the
proposed project.
“Given the integration with the Aspen Glen drainage infrastructure, the
existing system has accounted for the additional runoff from any
development on the subject property. The existing infrastructure consists of a
complex system of detention ponds, wetlands utilized for filtration and flood
control, and integration of irrigation water combined with stormwater
throughout Aspen Glen. The original Drainage Master Plan accounted for the
additional flow from the site and provided adequate stormwater treatment
and protection.”
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7-205. Environmental Quality.
A. Air Quality. Any Land Use Change shall not cause air quality to be reduced
below acceptable levels established by the Colorado Air Pollution Control
Division.
B. Water Quality. At a minimum, all hazardous materials shall be stored and
used in compliance with applicable State and Federal hazardous materials
regulations.
Applicant Response: The proposed project is not expected to significantly alter
air quality on a long-term basis. Traffic generation from the development will be
relatively low at 215 ADT (ITE, Trip Generation Manual – 11th Edition) and when
these trips are distributed over the course of a day, the peak hour trips are
extremely low (see Table 6 – excerpt from Traffic Analysis). This results in very low
concentrations of vehicle emissions, especially with modern vehicles and
electric vehicles. In addition, solid fuel burning devices are prohibited within
Aspen Glen.
TABLE 6
Project Trip Generation
Source: SGM Aspen Glen Sages Traffic Analysis
Fugitive dust control measures will be employed during construction to minimize
air quality impacts. These measures will be identified in a construction
management plan during the building permitting process. The Applicant will
comply with all State and Federal regulations related to hazardous material use
and storage.
7-206. Wildfire Hazards. The following standards apply to areas subject to
wildfire hazards as identified on the County Wildfire Susceptibility Index Map as
indicated in the County’s Community Wildfire Protection Plan.
A. Location Restrictions. Development associated with the land use change
shall not be located in any area designated as a severe wildfire Hazard Area
with Slopes greater than 30% or within a fire chimney as identified by the
Colorado State Forest Service.
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B. Development Does Not Increase Potential Hazard. The proposed Land Use
Change shall be developed in a manner that does not increase the potential
intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel
composition.
C. Roof Materials and Design. Roof materials shall be made of noncombustible
materials or other materials as recommended by the local fire agency.
Applicant Response: The Subject Property is part of an existing developed
subdivision and is mapped in the “Low” category on the Garfield County
Wildland Fire Intensity Index Map. While the site does contain slopes in excess of
30 percent, site conditions do not meet the CSFS definition for a “fire chimney”.
The general definition for a fire chimney is a topographic feature such as a
narrow drainage, draw, chute, or steep gully that can funnel and intensify
wildfire behavior by drawings heat and flames upslope rapidly – similar to how a
chimney draws hot air upward. In addition to steep slopes, typical
characteristics of a fire chimney include narrow or V-shaped canyons or draws,
dense vegetation, and south facing aspect. The Subject Property exhibits none
of these additional characteristics as it is a relatively flat site with a narrow band
of steep slopes along CR 109, the hillside has no overstory vegetation and is east
facing. The total elevation change of the narrow hillside is approximately 12
feet up to the top of a berm before dropping back down three to four feet to
the elevation of the CR 109 roadway surface. This limited slope condition does
not provide enough slope or the volume of continuous fuel to intensify a fire.
Furthermore, the site is adjacent to an irrigated golf course fairway which is
extremely unlikely to be the source of a fire that would burn through the subject
property and ignite upslope areas.
The development should not increase the potential for wildland fires since the
site will be developed for residential use with impervious surfaces and irrigated
landscaping. The buildings themselves will be constructed with fire resistant
exterior materials where required by local building codes. In addition, as an
occupied residential neighborhood, the site will be monitored by the
homeowners so that in the event of a fire authorities would be notified more
quickly than if the site were vacant.
7-207. Natural and Geologic Hazards.
F. Slope Development. Development on Slopes 20% or greater shall only be
permitted to occur if the Applicant demonstrates that the development
complies with the following minimum requirements and standards, as certified
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by a qualified professional engineer, or qualified professional geologist, and as
approved by the County:
1. Building lots with 20% or greater Slope shall require a special engineering
study to establish the feasibility of development proposed for the site. The
study shall address feasibility of construction required for the use and
describe the mitigation measures to be used to overcome excessive
Slope problems.
2. Development shall be permitted to occur on Slopes greater than 30% only
if the Applicant demonstrates that the development cannot avoid such
areas and the development complies with the following minimum
requirements: a. b. Cutting, filling, and other Grading activities shall be
confined to the minimum area necessary for construction. Development
shall be located and designed to follow natural grade, rather than
adjusting the site to fit the structure. Roads and driveways built to serve
the development shall follow the contours of the natural terrain and, if
feasible, shall be located behind existing landforms.
Applicant Response: Issues related to the natural and geologic hazards
described in subsections A through E and G through H of this section are
addressed in the earlier response to Section 7-108: Use of Land Subject to
Natural Hazards in this application.
The specific criteria related to development on steep slopes in this section are
addressed in the Preliminary Plan Engineering Report (Exhibit 10). The report
acknowledges that the proposed development requires disturbance of existing
slopes of 20% or more in two areas on the subject property (see Sheet C.05 of
the Civil Engineering Drawings). The first area is the slope that was created from
the construction of Bald Eagle Way along the southern property line. The
second slope consists of the existing berm that follows County Road 109 along
the western property line. These are both man-made slopes that exceed 30%
and were created during the construction of the Aspen Glen Subdivision.
Neither slope shows signs of significant erosion, and the existing hillsides are not
long enough to have conflicts due to concentrated flows or be considered
hazardous. The proposed grading and drainage design manages the disturbed
slopes and verifies the constructability of the development. Retaining walls are
proposed to create room for the units on lots 11 through 14 and to stabilize the
steep slope in the area of the man-made berm along CR 109. Compliance with
the criteria related to development on slopes of the 30% or is covered on pages
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5 through 7 of the Preliminary Engineering Report and on the grading and
drainage plans in the Civil Engineering Drawings.
DIVISION 3- SITE PLANNING AND DEVELOPMENT STANDARDS
This section of the LUDC addresses detailed issues related to the proposed
development’s compatibility with the exiting site and adjacent uses; off-street
parking and loading; landscaping; exterior lighting; trail/walkway standards; and
snow storage. In general, the Applicant intends to comply with all applicable
standards in this division and is not seeking any variations from these standards
with this application. More detailed responses to specific applicable standards
from this division are provided below.
7-301. Compatible Design
The design of development associated with the land use change shall be
compatible with the existing character of adjacent uses. Single-family dwelling
units are exempt from this section.
Applicant Response: The proposed development on the Subject Property has
been carefully designed to ensure compatibility with the existing character of
adjacent uses in terms of density, building form, and landscape integration. The
Aspen Glen PUD is characterized by residential neighborhoods with a wide
range of densities interwoven with the fairways, tee boxes and green complexes
of the 18-hole golf course. Densities within the PUD range from the Club Lodge
duplexes (5.2 DU/Acre) to large single-family homes along the Roaring Fork River
at just 0.56 DU/Acre. The Sages proposed density of 3.72 DU/Acre (net of road
right-of-way) aligns closely with comparable Club Villa–zoned neighborhoods,
including The Peaks (4.4 DU/Acre) and the Clubhouse Cottages (3.25 DU/Acre).
While the proposed project is denser than the single-family homes along
Saddleback Road to the east (1.69 DU/Acre), that neighborhood is separated
from the Subject Property by the broad fairway of hole three – a landscaped
buffer of approximately 200 to 250 feet that, when combined with the proposed
landscaping on the Subject Property, provides substantial spatial and visual
separation. Given the Subject Property’s adjacency to County Road 109 and
the hillside to the west which is proposed to be developed with 21 single-family
lots (The Reserve), its location at a key local intersection, and the fact that it
abuts golf course fairways and greens to the east and south, the proposed
density is appropriate and consistent with the intent of the Club Villa zone
district.
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Architecturally, the proposed buildings reflect the surrounding residential
character in terms of building square footage, mass and height (refer to Figure
7). The project introduces a slightly more modern character consistent with
recent trends among the newer homes in the PUD. The proposed two-story
duplex units are limited to a maximum height of 25 feet, consistent with other
homes in the community, and will utilize high-quality materials. Building
elevations vary across the proposed units to avoid repetition and ensure a more
visually interesting streetscape.
FIGURE 7
Proposed Architecture
Source: Z Group Architecture and Interior Design
As shown by Figure 8, the project’s landscape design significantly enhances its
compatibility with the adjacent uses and setting. Existing trees have been
preserved where feasible, and the planting plan introduces a palette of native
vegetation. The seed mixes for common and transitional areas are drawn from
the Pitkin County native seed mix and the Aspen Glen Golf Course blend. These
seeded areas are combined with masses of native shrubs and tree groupings
that soften the visual impact of the proposed duplex units. Trees such as Rocky
Mountain juniper, white fir, and red maple are used to establish a layered edge
along County Road 109 and the adjacent golf course fairways. These
landscape treatments maintain view corridors while providing screening, shade,
and seasonal variation, helping the project blend into its surroundings. The
planned clusters of shrubs along the golf course fairway side of the Property
provide low- level screening from the number three tee boxes and add to a
strategy of using strategically placed vertical screen walls intended to protect
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people on the rear patios of the proposed units from errant tee shots. The exact
location of the vertical screen walls has not been determined yet and they are
not identified on the site plans or visual impact sketches. However, they are
shown on the architectural perspective sketches as seen in Figure 7.
FIGURE 8
View from Bald Eagle Way w/Proposed Duplexes
Source: Z Group Architecture and Interior Design
Taken together, the proposed density, architectural design, and landscape
integration reinforce the existing character of the Aspen Glen community. The
project thoughtfully balances higher-intensity residential use with a native
landscape framework and spatial transitions that protect the integrity of
adjacent lower-density neighborhoods and open spaces.
7-302. Off-Street Parking and Loading Standards
D. Off-Street Parking Required.
All land uses shall be required to provide the number of off-street parking
spaces set forth in Table 7-302.A. Any use not specifically listed in Table 7-302.A.
shall be determined by the Director.
Applicant Response: Off-street parking for the proposed project is set by the
Aspen Glen PUD Guidelines for the Club Villa – Single-Family Attached zone
district (Exhibit 14). The PUD Guidelines require a minimum of two (2) off-street
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parking spaces per dwelling unit. The Applicant is proposing four (4) spaces per
dwelling unit with two spaces in the double garages and two in the driveway on
each lot. These are tandem parking spaces, which Section 7-302(L) of the Code
allows to be counted for multi-family dwellings. All driveways are longer than 20
feet from the garage to the property line and are 27 feet wide so the minimum
dimensions for parking spaces (9’x 20’) and driveway widths (10’) as required by
Sections 7-302(G) and (N) are both met on every lot. Off-street parking for the
units requires backing onto the proposed subdivision road, which is permitted for
duplex dwelling units per Section 7-302(M) of the Code.
The off-street loading standards don’t apply to the proposed residential use.
7-303. Landscaping Standards
Applicant Response: While duplex dwelling units are exempt from this section,
the proposed landscaping complies with most, if not all, of the landscape
standards. The Aspen Glen Subdivision also administers comprehensive design
guidelines which include an extensive section of landscape guidelines with
which the proposed landscaping must also comply.
Subsection A of this section of the Code requires all disturbed areas to be
revegetated and prohibits landscaping from obstructing fire hydrants and utility
boxes. Comparison of the utility plans (Sheet C.10 – Potable Water) and the
Landscape Plans (Exhibit 10) demonstrate that both criteria are complied with.
Subsection C requires that landscaping be consistent with the character of the
development and the existing natural environment. The proposed landscaping
relies on native trees and shrubs as well as grass seed mixes approved for use by
Aspen Glen and Pitkin County. The Aspen Glen Seed mix is proposed along the
east property line, adjacent to the golf cart path and golf course fairway. The
Pitkin County seed mix is proposed for most of the remainder of the site. The
Pitkin County seed mix is tailored for revegetation in high-elevation, semi-arid
environments, emphasizing native species that are drought- and cold-tolerant.
This mix is designed to stabilize soils, outcompete invasive species, and restore
ecological balance following land disturbances.
The proposed plants comply with the standards in Subsection D which require
compatibility with the local climate, soils, drainage and water conditions of the
site. The proposed landscaping includes very little sod to reduce irrigation
requirements. Irrigation for landscaping within the Open Space/Common Areas
will be managed by the HOA while irrigation and maintenance for landscaping
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on the private lots will be the responsibility of the individual lot owners. Water for
irrigation will be provided either by the RFWSD through the domestic water
system or from the Aspen Glen raw water irrigation system at the developer’s
discretion. If the raw water system is utilized an irrigation line will need to be
extended from the existing ditch system as shown on Sheet C.11 of the Civil
Engineering Plans. An easement for this purpose was established via a deed of
easement recorded at Reception No. 665695 (Exhibit 15). The Applicant will
comply with all rules and limitations related to the use of domestic water for
irrigation purposes.
Subsection E requires that existing trees and other native vegetation be
preserved and integrated within planting areas. There are only 10 existing trees
on the Subject Property, of which five will be preserved with the proposed
project as shown on the Tree Removal Plan included in the Landscape Plans
(Exhibit 10). The Applicant is proposing to install 80 deciduous and evergreen
trees which far exceeds replacement of the trees being removed. The size of
the proposed trees is provided in the legend on the Landscape Plan. All
proposed trees exceed the minimum size requirements specified in Section 7-
303(F). Most of the site is covered with grasses and other ground cover plants
and there are a few clusters of sage on the berm along CR 109. Where
disturbed during construction these plants will be replaced by either the
proposed trees and native shrubs or by the Pitkin County seed mix.
The proposed landscaping will respect the required “clear vision area”
described in Section 7-303(I) at the main entry to the subdivision and at each of
the private driveway intersections.
7-304. Lighting Standards
All lighting that is visible from surrounding properties and public rights-of-way
shall be designed, installed, maintained, and operated to control glare and light
trespass, minimize obtrusive light, maintain safety, prevent the negative impacts
of light pollution on wildlife habitat and migratory patterns, and avoid
degradation of the nighttime visual environment and the rural character of
Garfield County.
Applicant Response: The only exterior lighting contemplated for the project is
the backlite letters on the entry monument sign, safety lighting associated with
the garages and main entries into the individual units, and lighting of the patios
at the rear and side of the duplex units. No street lighting or other lighting in the
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common areas is proposed. All lighting will comply with the standards of this
section.
7-305. Snow Storage Standards
Applicant Response: This section requires that a minimum of 2.5% of the total
area of required off-street parking and loading area, including access drives, be
designated to serve as a snow storage area. In this case, there is no designated
parking area except for private driveways, where snow storage will be
accommodated on the individual lots. As a result, the required snow storage
area has been calculated based on the area of the proposed access road
right-of-way, as shown in the table below taken from Sheet C.08 of the Civil
Engineering Plans. The areas designated for snow storage are also depicted
with a hatch pattern on this sheet. The proposed snow storage area exceeds
the requirement. The snow storage areas are immediately adjacent to the
access road and the drainage for the roadway has been designed to
accommodate the snow storage runoff.
Source: Crystal River Civil, LLC – Sages Preliminary Plan Civil Engineering Drawings
7-306. Trail and Walkway Standards
A multi-modal connection, such as a trail or sidewalk, shall be provided in a
development where links to schools, shopping areas, parks, trails, greenbelts,
and other public facilities are feasible.
Applicant Response: There are no schools, shopping areas, parks or greenbelts
within walking distance of the Subject Property. There is one trail located
opposite CR 109 from the Subject Property, but this trail doesn’t connect to any
public facilities or other trails and terminates within ½-mile to 1-mile in either
direction. In addition, there are no sidewalks or trials anywhere in Aspen Glen
and the golf cart paths are limited to use by golfers who are playing the Course.
As a result, the Aplicant is not proposing any trails or walkways within the
subdivision.
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DIVISION 4- SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
7-401. General Subdivision Standards
D. Maintenance of Common Facilities.
Maintenance of common facilities must be accomplished either through
covenants of a homeowners association, a separate maintenance agreement,
or some other perpetual agreement.
B. Domestic Animal Control.
In each residential unit within the Subdivision, domestic animals shall be
confined within the owner’s property boundaries and kept under control when
not on the property. This requirement for domestic animal control shall be
included in the protective covenants for the Subdivision, with enforcement
provisions acceptable to the County.
C. Fireplaces.
Any new solid-fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall
be limited to 1 per lot within a Subdivision. Open hearth, solid-fuel fireplaces
shall be prohibited. All dwelling units shall be allowed natural gas burning
stoves and appliances.
D. Development in the Floodplain.
Applicant Response: Maintenance of the common area and facilities will be
managed through a subassociation which will adopt a supplemental
declaration of covenants, conditions and restrictions a draft of which his
provided as Exhibit 13 to this application. In addition to common area
maintenance, the supplemental declaration will address the terms, conditions
and restrictions related to the party walls associated with the duplex units. The
supplemental declaration will be drafted to be subservient to and consistent
with the current Aspen Glen Amended Declaration of Covenants, Conditions
and Restrictions (Aspen Glen Covenants) as well as the existing Aspen Glen
Master Design Guidelines (Desing Guidelines).
The current Aspen Glen Covenants (Reception No.: 719512) include provisions
addressing domestic animals, which will apply to future lot owners on the
Subject Property. Paragraph 3.11 of the Covenanats limits each lot to no more
than three domestic animals which must be fenced or restrained at all times
within a lot. This paragraph also requires that all domestic animals be controlled
by their owner and shall not be allowed off the owner’s lot except when
leashed and accompanied by the owner. Both the Aspen Glen Covenants and
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the Design Guidelines include standards for fences and privacy walls that make
them impractical for containing domestic animals. However, the Design
Guidelines encourage “invisible fences” for this purpose. The supplemental
declaration for the Sages project will include domestic animal provisions
mirroring those of the Aspen Glen Covenants and Design Guidelines and will
clarify enforcement of these measures.
Paragraph 10.2 of the Covenants mirror the provisions of Section 7-401(C) of the
LUDC with regard to the regulation of fireplaces and other solid-fuel burning
devices. Both prohibit open-hearth, solid fuel fireplaces and limit the number of
solid-fuel burning stoves to one per dwelling unit. Both also allow an unrestricted
number of natural gas burning stoves and appliances. Paragraph 5.8 of the
Design Guidelines also regulates fireplaces, and solid fuel stoves and tracks
closely the provisions in the LUDC and paragraph 10.2 of the Aspen Glen
Covenants. Therefore, the mechanism for controlling fireplaces and solid-fuel
burning devices are already in place and will be complied with on the Subject
Property.
7-402. Subdivision Lots.
All lots in any Subdivision shall conform to the following specifications:
A. Lots Conform to Code.
Lot area, width, frontage, depth, shape, location, and orientation shall
conform to the applicable zone district requirements and other appropriate
provisions of this Code.
1. The Lot Size may be increased for lots developed in areas posing a
potential hazard to health or safety due to soil conditions or geology.
2. Lot characteristics shall be appropriate for the location of the
development and the type of use allowed.
a. Depth and width of lots shall be adequate to provide for the
required off-street parking and loading facilities required by the
type of use and development contemplated.
b. The width of residential corner lots shall be sufficient to
accommodate the required building setback from both roads.
B. Side Lot Line Alignment.
Side Lot Lines shall be substantially at right angles or radial to road right-of-
way lines.
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C. Lots Configuration, Cul-de-Sacs.
Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25
feet in width at the front property line.
D. Lot Division by Boundaries, Roads, or Easements Prohibited.
No lots shall be divided by municipal boundaries, County roads or public
rights-of-way.
Applicant Response: With the exception of the side yard setback on the
common-wall side of the duplex units, which is discussed previously in this
application, the proposed lots meet all standards defined in the current version
of the Aspen Glen PUD Guide (Club Villa – Single Family Attached subsection), in
addition to the requirements of Section 7-402 listed above. The proposed lots,
while smaller than those along Saddleback Drive to the east, are similar in size to
the single-family lots along Golden Bear Drive to the southeast. Compatibility of
the lot layout with the surrounding neighborhood is discussed in the response to
Section 7-301 earlier in this application. The proposed lots are large enough to
accommodate the duplex units and the required off-street parking while still
leaving ample room for outdoor patios and landscaping. There are no corner
lots, in the traditional sense, and all required setbacks are met or exceeded on
every lot. All lots comply with the minimum lot depth requirement (100 feet) in
PUD Guidelines as well as the minimum lot width (22 feet). The side lot lines are
almost all at near right angles to the right-of-way lines for the proposed access
road. There are no cul-de-sacs in the proposed layout and thus no wedge-
shaped lots. However, Lots 1 and 2 share a driveway which requires the
creation of an access easement over Lot 2 to accommodate the access
driveway for Lot 1 (see Preliminary Plat). In accordance with Subsection D, no
lots are divided by municipal boundaries, rights-of-way or easements.
7-403. Survey Monuments
Permanent Survey Monuments shall be set within all Subdivisions pursuant to
C.R.S. §§ 38-51104 and 38-51-105.
Applicant Response: To be completed at the final plat stage of the
development review process.
7-404. School Land Dedication
A. General.
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The BOCC shall require reservation, dedication, or payment in lieu for school
land. The BOCC may require payment of a sum of money not exceeding the fair
market value of such sites and land areas, or a combination of land dedication
and payment in lieu of dedication.
Applicant Response: The Applicant is proposing to satisfy the school land
dedication requirement by payment-in-lieu as provided for in Section 70404(C)
of the LUDC. While the fee is intended to be calculated at the final plat stage of
the review process based on a market analysis performed by a qualified
appraiser, a preliminary calculation is provided below based on the purchase
price paid by the Applicant in 2024. The following calculation is done in
accordance with the formula provided in Section 7-404(C)(3) of the code
considering that the Subject Property is located within the RE-1 School District.
Formula for Payment
Unimproved Per Acre Market Value of Land x Land Dedication Standard
x Number of Units = Payment
• Unimproved Per Acre Market Value2 = $471,364.60
• Land Dedication Standard3 = .0155 Acres
• Number of Dwelling Units = 14
($471,364.60 x .0155) x 14 = $102,286.11 – Estimated Payment in Lieu
Payment of the cash-in-lieu will be done at the appropriate time in the
development review process as required by the Garfield County Land use and
Development Code and the County’s standard practice.
7-405. Road Impact Fees
Applicant Response: The Traffic Analysis (Exhibit 9) provides a summary of the
Road Impact Fee calculation based on the method described in Section 7-405
of the LUDC. The calculation, which can be found on page 11 of the Traffic
Analysis Report, is copied below for convenience.
Road Impact Fee Calculation from Traffic Analysis Report (SGM)
Using the Garfield County Road Impact Fees (2017), an estimated road impact
fee was calculated for Sages using assumptions for the number of units and their
2 Based on 2024 purchase price of $2,000,000 for 4.243 acres.
3 Per formula in Section 7-404(B)(4) – (1,776 x 0.38)/43560 = .0155 acres.
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size. The County’s impact fee ranges from $726 to $2,703 per residential unit
depending on the size of units. Using 14 SF units at $2,703 (2,401 sf and greater),
the road impact fee for Sages may be approximately $37,842, depending on
the size of units.
The road impact fee calculation will be refined at the final plat stage of the
development review process. The fee will be collected prior to issuance of the
building permit for each lot per Section 7-405(A)(1) of the LUDC.
❖ Compliance with Section 4-203.G: Impact Analysis
Where the proposed development will impact specific features of the site, the
Applicant shall describe both the existing conditions and the potential changes
created by the project. The Impact Analysis shall include a complete
description of how the Applicant will ensure that impacts will be mitigated and
standards will be satisfied. The following information shall be included in the
Impact Analysis:
1. Adjacent Land Use. Existing use of adjacent property and neighboring
properties within 1,500-foot radius.
Applicant Response: Figure 7 shows the area within 1,500 feet of the
Subject Property. Existing land uses in the surrounding area consist of
CR109, residential lots and local streets within the Aspen Glen PUD, the
Aspen Glen Golf Course, gravel pit, the Roaring Fork River and related
riparian areas, and the vacant hillside to the west of CR 109, which is
proposed to be developed with 21 single-family lots and 21 accessory
dwelling units.
The subdivision layout for the proposed project to the west of CR 109,
referred to as “The Aspen Glen Reserve,” is depicted on Figure 10 and it’s
relationship to the Sages Project is shown on Figure 9. A preliminary plan
application for The Aspen Glen Reserve project was submitted to the
County in late 2023 but the review has not yet been completed, and no
approval has been granted. The 158-acre parcel is part of the Aspen
Glen PUD and is located within the 2-Acre Residential Zone District. As
shown on Figure 10, the building envelopes for The Reserve are all located
at the base of the steep slope, leaving the hillside undisturbed. The
homes on these lots will be situated at a higher elevation than those on
the Subject Property and will form a backdrop that will allow the
proposed duplex units on the Subject Property to blend into the
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
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surrounding development and appear visually integrated with the existing
neighborhood as viewed from the homes along Saddleback Road.
FIGURE 9
Adjacent Land Use Map (1,500 Feet)
Source: TG Malloy Consulting, LLC
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FIGURE 10
Aspen Glen Reserve Subdivision Layout
Source: The Reserve at Aspen Glen - Major Subdivision Preliminary Plan Application, 11/2023.
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
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2. Site Features. A description of site features such as streams, areas subject
to flooding, lakes, high ground water areas, topography, vegetative
cover, climatology, and other features that may aid in the evaluation of
the proposed development.
Applicant Response: The Subject Property is relatively flat with narrow
band of steep slopes along the west property line adjacent to CR 109.
The berm is a man-made hillside created when CR 109 was improved.
Vegetation is a mix of grasses and other ground covers, and a few clusters
of Sagebrush located along the berm. There are ten existing spruce trees
located along the east side of the Property adjacent to the golf cart path.
There are no significant natural features on the property, no surface
water, ditches, rock outcroppings. The site is not located within a
floodplain nor are there any areas of high ground water. The following
photographs show the Subject Property as viewed from CR 109 and Bald
Eagle Way.
FIGURE 11
View of Subject Property From CR 109 Looking South
Source: TG Malloy Consulting, LLC
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
June 2025
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FIGURE 12
View of Subject Property From Bald Eagle Way Looking North
Source: TG Malloy Consulting, LLC
3. Soil Characteristics. A description of soil characteristics of the site that
have a significant influence on the proposed use of the land.
Applicant Response: See page four of the Preliminary Plan Engineering
Report.
4. Geology and Hazard. A description of the geologic characteristics of the
area including any potential natural or manmade hazards, and a
determination of what effect such factors would have on the proposed use
of the land.
Applicant Response: Geologic and natural hazards are described in
several places in this application. The Preliminary Plan Engineering Report
includes a summary on page five. The Geotechnical Engineering Report
(Preliminary Engineering Report - Appendix D) provides a comprehensive
discussion of soil and geologic hazards. The natural hazards associated
with the Subject Property are also discussed in the responses to Section 7-
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
June 2025
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108 – Natural Hazards and 7-207 – Natural and Geologic Hazards earlier in
this application.
The geotechnical investigation describes a minor risk of slope instability,
rockfall, and debris flow on the property but these hazards were deemed
negligible for development. Sink holes are possible due to the soils, but
the risk of them was classified as low to moderate and no indications of
active sinkholes were observed on the Property. The geotechnical report
concludes that a site-specific investigation regarding sink holes is not
warranted at this time. Based on the analysis done to date, the natural
and geologic hazards on the Subject Property are relatively minor and
should not affect the proposed development.
The site does contain collapsible soils which will need to be addressed
through additional grading requirements and design constraints to
minimize movement and differential settling. Particular attention will need
to made in the design and construction of vehicle access roads, parking
areas, patios, and utilities, and will require deep foundations for all
proposed structures.
5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship
of the subject parcel to Floodplains, the nature of soils and subsoils and
their ability to adequately support waste disposal, the Slope of the land,
the effect of sewage effluents, and the pollution of surface Runoff, stream
flow, and groundwater.
Applicant Response: The Subject Property is not located with a floodplain
and is well above and distant from the Roaring Fork River corridor. Since
sewage will be collected and treated off-site by the RFWSD, no on-site
septic systems will be utilized for the project. This dramatically reduces
concerns related to the capacity of the soils to adequately filter effluent.
Groundwater and aquifer recharge are not concerns as impervious areas
are relatively small and there are no wells In the area. Prior to
construction, a Colorado Discharge Permit System Construction Activity
Permit will be obtained. This permit process will require the development
of a Stormwater Management Plan (SWMP) which will be based on the
grading and drainage depicted on Sheets C.06 and C.07 of the Civil
Engineering Plans and all measures necessary will be taken to prevent the
pollution from surface runoff during construction. Runoff that from the
proposed development will receive the same water quality treatment
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
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typical of the rest of Aspen Glen. It's routed through open swales, created
wetlands and the lake network to promote sedimentation.
6. Environmental Impacts. Determination of the existing environmental
conditions on the parcel to be developed and the effects of development
on those conditions, including:
a. Determination of the long-term and short-term effect on flora and
fauna;
b. Determination of the effect on designated environmental resources,
including critical wildlife habitat;
c. Impacts on wildlife and domestic animals through creation of
hazardous attractions, alteration of existing native vegetation,
blockade of migration routes, use patterns, or other disruptions; and
d. Evaluation of any potential radiation hazard that may have been
identified by the State or County Health Departments.
Applicant Response: There should be minimal long-term effect on flora.
The proposed landscaping emphasizes use of the native shrubs and
grasses, and all areas disturbed during construction will be revegetated
immediately upon completion of construction activities. The number and
variety of trees and shrubs proposed far exceeds the minimal woody
vegetation that currently exists on the Property. Revegetation will be
supported by an automatic irrigation system and will be overseen by the
Aspen Glen Design Review Committee.
No significant impact to wildlife is anticipated from the proposed project.
A description of the known wildlife habitat associated with the subject
Property is provided in the Applicant’s response to Section 7-202 - Wildlife
Habitat Areas earlier in this application.
7. Nuisance. Impacts on adjacent land from generation of vapor, dust,
smoke, noise, glare or vibration, or other emanations.
Applicant Response: The only anticipated nuisance will be noise and
movement during construction. Concern regarding construction noise
has been expressed in the past by golfers where development is adjacent
to the golf course. Given the proximity of the proposed dwelling units to
the number three tee boxes and fairway, noise impacts will be difficult to
mitigate. Efforts will be made to explore measures that have proven
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
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successful elsewhere in Aspen Glen and in other golf course
developments as part of construction planning. Since this project is less
than 25 acres, a Fugitive Dust Control Plan will most likely not be required
by the Colorado Department of Public Health and Environment (CDPHE).
In addition, an Air Pollutant Emission Notice (APEN) can be required if
particulate matter (PM10 or PM2.5) emissions exceed 2 tons per year.
Most construction projects fall below this threshold and its highly unlikely
that an APEN will be required in this case. Regardless of whether these
permits are required, construction impacts, including fugitive dust, noise,
glare and vibration will be addressed in a construction management plan
(CMP) which will be provided during the construction permitting process.
8. Hours of Operation. The Applicant shall submit information on the hours
operation of the proposed use.
Applicant Response: Since the proposed project is a residential use, hours
of operation are not relevant.
❖ Compliance with Article 8: Inclusionary Zoning for Housing
8-102. Applicability
A. Residential Land Use Change Permits and Subdivisions.
These requirements apply to all residential Land Use Change permits and
Subdivisions proposing 15 or more lots, units, or a combination of lots and units
located within unincorporated Garfield County.
Applicant Response: The proposed subdivision includes 14 lots and is therefore
not subject to the requirements of Article 8.
SUMMARY
On behalf of Ironwood AG-Sages, LLC, we respectfully request approval of the
Major Subdivision Preliminary Plan for the Sages at Aspen Glen project, which
includes 14 individually-owned residential lots configured as seven duplex
buildings. As demonstrated in this application and the supporting documents,
the project is consistent with the standards of the Club Villa – Single-Family
Attached subdistrict of the Aspen Glen PUD and meets all applicable
requirements of the Garfield County Land Use and Development Code,
including the review standards in Article 7 regarding infrastructure capacity,
Sages at Aspen Glen | Major Subdivision - Preliminary Plan Review Application
June 2025
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drainage, fire protection, landscaping, mitigation of visual impacts and
compatibility with surrounding land uses. The project represents infill
development within an existing subdivision, leverages existing infrastructure, and
incorporates a thoughtful landscape and architectural design strategy that
minimizes visual impact and complements the character of the surrounding
community.
We appreciate the opportunity to present this application and look forward to
working with County staff and decision-makers during the review.
Respectfully,
Tim Malloy, Principal
TG Malloy Consulting, LLC
Digital Contact
Attachments
Cc: Cary Glickstein, Applicant
- tgm
TGMC,llc
Land Use Planning ▪ Site Design ▪ GIS Analysis ▪ Public Process
402 Park Drive ▪ Glenwood Springs ▪ Colorado ▪ 81601 ▪ P: 970.945.0832 ▪ E: tim@tgmalloy.com
June 13, 2025
Philip Berry, Principal Planner
Garfield County Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: Submission of Sages at Aspen Glen Application for Major Subdivision - Preliminary Plan Review
Dear Philip:
This letter accompanies the Sages at Aspen Glen Application for Major Subdivision - Preliminary
Plan Review. As requested in the Pre-Application Summary Form, we have provided three hard
copies of the application and a digital copy (USB flash drive). The flash drive contains separate
PDF files for the application text and all exhibits as requested in the Pre-application Summary.
Also enclosed is a check made out to the Garfield County Treasurer in the amount of $675.00 for
the application review fee deposit and a separate check for $950.00 made out to Colorado
Geologic Survey. The signed Payment Agreement Form and the CGS Submittal Form are also
enclosed. Only one copy of these forms is provided as they seem intended for staff use only. The
Statement of Authority (SOA) provided in Exhibit 5 of the Application document is not the
recorded version The SOA was recorded on June12th, and the County Clerk informed me that
you would be provided with the reception number once the document has been recorded.
The flash drive included with this submittal contains all required application materials, organized in
a single folder. The main PDF file (“A – Prelim Plan Ap Text”) includes a hyperlinked Table of
Contents that allows direct access to all exhibits. These hyperlinks rely on this folder structure to
function correctly. To ensure proper functionality, we recommend copying the entire folder to a
local directory before opening the main PDF file. Linked exhibits will open automatically when
selected and will display in a new tab or window depending on individual Acrobat settings.
We look forward to working with the Community Development Department on the review of the
enclosed application. Please contact me if you have questions or require additional information.
Regards,
Tim Malloy, Principal
TG Malloy Consulting, LLC
CC: Cary Glickstein
Attachments
Exhibit 1 | Divisions of Land Application Form
Exhibit 2 | Proof of Ownership Documentation
Land Title Guarantee Company
Date: September 10, 2024
Subject: Attached Title Policy IRONWOOD AG-SAGES LLC, A FLORIDA LIMITED LIABILITY COMPANY for TBD
BALD EAGLE WAY, CARBONDALE, CO 81623
Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above.
This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its
importance. Please review all information in this document carefully and be sure to safeguard this policy along with
your other legal documents.
Your owner's policy insures you as long as you own the property and requires no additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you
may contact Land Title Policy Team at (303) 850-4158 or finals@ltgc.com
As a Colorado-owned and operated title company for over 50 years, with offices throughout the state, we take pride
in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the
opportunity to assist you with any future real estate needs. Not only will Land Title Guarantee Company be able to
provide you with the title services quickly and professionally, but you may also be entitled to a discount on title
premiums if you sell or refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in
the future.
Sincerely,
Land Title Guarantee Company
Exhibit 2A
ALTA OWNERS POLICY OF TITLE INSURANCE
Policy No.: OY63021129.27286083
This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued
electronically or lacks any signature.
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the
address shown in Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, a Florida corporation (the "Company"), insures, as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or
damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. The Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title; Covered Risk 2 includes, but is not limited to, insurance against loss from:
3. Unmarketable Title.
4. No right of access to and from the Land.
5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement
described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to:
6. An enforcement of a governmental forfeiture, police regulatory or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in
an Enforcement Notice.
7. An exercise of the power of eminent domain, but only to the extent:
8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice.
9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy:
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public
Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records.
DEFENSE OF COVERED CLAIMS
The Company will also pay the costs, attorneys’ fees, and expenses incurred in defense of any matter insured against by this policy but only to the extent provided in the Conditions.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
Copyright 2021 American Land Title Association. All rights reserved. - The use of this form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association
a defect in the Title caused by:(a)
forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;(i)
the failure of a person or Entity to have authorized a transfer or conveyance;(ii)
a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized, (including by remote online notarization), or
delivered;
(iii)
a failure to perform those acts necessary to create a document by electronic means authorized by law;(iv)
a document executed under a falsified, expired, or otherwise invalid power of attorney;(v)
a document not properly filed, recorded, or indexed in the Public Records, including the failure to have performed those acts by electronic means authorized by law;(vi)
a defective judicial or administrative proceeding; or(vii)
the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable
electronic transactions law.
(viii)
the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.(b)
the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement
across the boundary lines of the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been
disclosed by an accurate and complete land title survey of the Land.
(c)
the occupancy, use or enjoyment of the Land;(a)
the character, dimensions, or location of an improvement on the Land;(b)
the subdivision of the Land; or(c)
environmental remediation or protection on the Land.(d)
of the exercise described in an Enforcement Notice; or(a)
the taking occurred and is binding on a purchaser for value without Knowledge.(b)
resulting from avoidance, in whole or in part of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title
because that prior transfer constituted a:
(i) fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law; or
(ii) voidable transfer under the Uniform Voidable Transactions Act; or
(a)
because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors’ rights law by reason of
the failure:
(i) to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or
(ii) of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
(b)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by
reason of:
1. (a) any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
(b) any governmental forfeiture, police, regulatory, or national security power.
(c) the effect of violation or enforcement of any matter excluded under Exclusion 1(a) or 1(b)
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to the Date of Policy (Exclusion 3(d) does not modify or limit the coverage provided under Covered Risk 9 or 10); or
(e) resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide
purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in
Schedule A is a:
(a) fraudulent conveyance or fraudulent transfer;
(b) voidable transfer under the Uniform Voidable Transactions Act; or
(c)preferential transfer:
5. Any claim of a PACA-PSA Trust, Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of
Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2(b)
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
the occupancy, use, or enjoyment of the Land;(i)
the character, dimensions, or location of any improvement on the Land;(ii)
the subdivision of land; or(iii)
environmental remediation or protection.(iv)
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value;
or
(i)
for any other reason not stated in Covered Risk 9(b)(ii)
CONDITIONS
1.DEFINITION OF TERMS
In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires:
(i) that is wholly owned by the Insured;
(ii) that wholly owns the Insured; or
(iii) if that Entity and the Insured are both wholly owned by the same person or entity.
2. CONTINUATION OF COVERAGE
This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured:
Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not
continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given
to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured must notify the Company promptly in writing if the Insured has Knowledge of:
If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company’s liability to the Insured Claimant under this policy is
reduced to the extent of the prejudice.
4. PROOF OF LOSS
The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect,
lien, encumbrance, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must state, to the extent possible, the
basis of calculating the amount of the loss or damage.
“Affiliate”: An Entity:(a)
“Amount of Insurance”: The Amount of Insurance stated in Schedule A, as may be increased by Condition 8(d); decreased by Condition 10 or 11; or increased
or decreased by endorsements to this policy.
(b)
“Date of Policy”: The “Date of Policy” stated in Schedule A.(c)
"Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against
a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national
origin, or other legally protected class.
(d)
“Enforcement Notice”: A document recorded in the Public Records that describes any part of the Land and:
(i) is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation;
(ii) is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power; or
(iii) asserts a right to enforce a PACA-PSA Trust.
(e)
“Entity”: A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real property in the State where the Land is
located.
(f)
“Insured":
(i) (a) The Insured named in Item 1 of Schedule A;
(b) the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(c) the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or reorganization;
(d) the successor to the Title of an Insured resulting from its conversion to another kind of Entity; or
(e) the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is:
(1) an Affiliate;
(2) a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured;
(3) a spouse who receives the Title because of a dissolution of marriage;
(4) a transferee by a transfer effective on the death of an Insured as authorized by law; or
(5) another Insured named in item 1 of Schedule A.
(ii)The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured.
(g)
“Insured Claimant”: An Insured claiming loss or damage arising under this policy.(h)
"Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.(i)
"Land": The land described in Item 4 of Schedule A, and improvements located on that land at the Date of Policy that by State law constitute real property.- The
term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road,
avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is insured by this
policy.
(j)
"Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means
authorized by law.
(k)
“PACA-PSA Trust”: A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal
law.
(l)
“Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or
filed to impart constructive notice of matters relating to the TItle to purchaser for value without Knowledge. The term "Public Records" does not include any other
recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public,
safety, or national security matters.
(m)
"State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
(n)
“Title”: The estate or interest in the Land identified in Item 2 of Schedule A.(o)
“Unmarketable Title”: The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title
to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
(p)
retains an estate or interest in the Land;(a)
owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or(b)
has liability warranties given by the Insured in any transfer or conveyance of the Insured's TItle.(c)
any litigation or other matter for which the Company may be liable under this policy; or(a)
any rejection of the Title as Unmarketable Title.(b)
5. DEFENSE AND PROSECUTION OF ACTIONS
6. DUTY OF INSURED CLAIMANT TO COOPERATE
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company has the following additional options:
Upon the exercise by the Company of either option provided for in Condition 7(b), the Company’s liability and obligations to the Insured under this policy for the claimed
loss or damage, terminate, including any obligation to defend, prosecute, or continue any litigation.
8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy. This policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other
representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The
Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the
insurability of the Title.
9. LIMITATION OF LIABILITY
Upon written request by the Insured, and subject to the options contained in Condition 7, the Company, at its own cost and without unreasonable delay, will
provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited
to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent the Insured as to those covered causes of action. The Company is not liable for and will not pay
the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of any cause of action that alleges
matters not insured against by this policy.
(a)
The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding or to do any
other act that, in its opinion, may be necessary or desirable to establish the Title as insured, or to prevent or reduce loss or damage to the Insured. The
Company may take any appropriate action under the terms of this policy, whether or not it is liable to the Insured. The Company’s exercise of these rights is not
an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5(b), it must do so diligently.
(b)
When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination
by a court having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order.
(c)
When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured will secure
to the Company the right to prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this
purpose.
When requested by the Company, the Insured, at the Company's expense, must give the Company all reasonable aid in:
If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company’s liability and obligations to the Insured under this
policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation.
(a)
securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and(i)
any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, or any other matter, as insured.(ii)
The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to
produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether
bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the
Company, the Insured Claimant must grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all the
records in the custody or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the
Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company,
disclosure is necessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath, produce
any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in Condition 6(b), unless
prohibited by law, terminates any liability of the Company under this policy as to that claim.
(b)
To Pay or Tender Payment of the Amount of Insurance:
To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by
the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option provided for in Condition 7(a), the Company’s liability and obligations to the Insured under this policy terminate,
including any obligation to defend, prosecute, or continue any litigation.
(a)
To Pay or Otherwise Settle with Parties other than the Insured or the Insured Claimant:(b)
To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company
is obligated to pay; or
(i)
To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the Company will pay any costs,
attorneys’ fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company
is obligated to pay.
(ii)
The extent of liability of the Company for loss or damage under this policy does not exceed the lessor of :
(i) the Amount of Insurance; or
(ii) the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the matter insured against by this
policy.
(a)
Except as provided in Condition 8(c) or 8(d) the fair market value of the Title in Condition 8(a)(ii) is calculated using the date the Insured discovers the defect,
lien, encumbrance, adverse claim, or other matter insured against by this policy.
(b)
If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the Insured Claimant may, by written notice
given to the Company, elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii.
(c)
If the Company pursues its rights under Condition 5(b) and is unsuccessful in establishing the Title, as insured;
(i) the Amount of Insurance will be increased by 15%; and
(ii) the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in Condition 8(b) or if it applies, 8(c), to
use either the date the settlement, action, proceeding, or other act described in Condition 5(b) is concluded or the date the notice of claim required by Condition
3 is received by the Company as the date for calculating the fair market value of Title in Condition 8(a)(ii),
(d)
In addition to the extent of liability for loss or damage under Conditions 8(a) and 8(d), the Company will also pay the costs, attorneys’ fees, and expenses
incurred in accordance with Conditions 5 and 7.
(e)
The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a
reasonable manner:
(i) removes the alleged defect, lien, encumbrance, adverse claim, or other matter;
(ii) cures the lack of a right of access to and from the Land; or
(a)
all as insured. The Company may do so by any method, including litigation and the completion of any appeals.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy, except payments made for costs, attorneys’ fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to
which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and
the amount so paid will be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the loss or damage within 30 days.
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND
PAYMENT
14. POLICY ENTIRE CONTRACT
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy will be deemed not to include that
provision or the part held to be invalid, all other provisions will remain in full force and effect.
16. CHOICE OF LAW; AND CHOICE OF FORUM
17. NOTICES
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second
Avenue South, Minneapolis, Minnesota 55401 (612)371-1111.
18. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH
ISSUING THIS POLICY, ANY BREACH OF A POLICY PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE
TRANSACTION GIVING RISE TO THIS POLICY, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS
MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
19. ARBITRATION
(iii) cures the claim of Unmarketable Title,
The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the Company’s consent, until a State or
federal court having jurisdiction makes a final, non-appealable determination adverse to the Title.
(b)
The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written
consent of the Company.
(c)
The Company is not liable for the content of the Transaction Identification Data, if any.(d)
If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies of the Insured Claimant in the Title and all
other rights and remedies in respect to the claim that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but
limited to the amount of any loss, costs, attorneys’ fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute
documents to transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of the
Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.
(a)
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of its subrogation right to recover until
after the Insured Claimant fully recovers its loss.
(b)
The Company’s subrogation right includes the Insured’s rights to indemnity, guaranty, warranty, insurance policy, or bond, despite any provision in those
instruments that addresses recovery or subrogation rights.
(c)
This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic
means authorized by law.
(a)
Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision of an endorsement is inconsistent
with any term or provision of this policy, the term or provision of the endorsement controls. Unless the endorsement expressly states, it does not:
(i) modify any prior endorsement,
(ii) extend the Date of Policy,
(iii) insure against loss or damage exceeding the Amount of Insurance, or
(iv) increase the Amount of Insurance.
(b)
Choice of Law:
The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law affecting interests in real
property and the State law applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is located.
The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of claims against the Title and the
interpretation and enforcement of the terms of this policy, without regard to conflicts of law principles to determine the applicable law.
(a)
Choice of Forum:
Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court having jurisdiction.
(b)
All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy
provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be resolved by arbitration. If the Amount of
Insurance is $2,000,000 or less, any claim or dispute may be submitted to binding arbitration at the election of either the Company or the Insured. If the Amount
of Insurance is greater than $2,000,000, any claim or dispute may be submitted to binding arbitration only when agreed to by both the Company and the Insured.
Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“ALTA Rules”). The ALTA Rules are
available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial
(a)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
Arbitration Rules of the American Arbitration Association (“AAA Rules”). The AAA Rules are available online at www.adr.org.
ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR
PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ANY ARBITRATION GOVERNED BY
CONDITION 19. The arbitrator does not have authority to conduct any class action arbitration, private attorney general arbitration, or arbitration involving joint or
consolidated claims under any circumstance.
(b)
If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 19, then only that request for
particular relief may be brought in court. All other requests for relief remain subject to this Condition 19.
(c)
Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is
not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent
required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the
award rendered by the arbitrator may be entered in any State or federal court having jurisdiction.
(d)
Order Number: GW63021129 Policy Number: OY63021129.27286083
Amount of Insurance: $2,000,000.00
Property Address:
TBD BALD EAGLE WAY, CARBONDALE, CO 81623
Date of Policy:
July 31, 2024 at 5:00 P.M.
1. The Insured is:
IRONWOOD AG-SAGES LLC, A FLORIDA LIMITED LIABILITY COMPANY
2. The estate or interest in the Land insured by this policy is:
FEE SIMPLE
3. The Title is vested in:
IRONWOOD AG-SAGES LLC, A FLORIDA LIMITED LIABILITY COMPANY
4. The Land is described as follows:
Old Republic National Title Insurance Company
Schedule A
A TRACT OF LAND SITUATE IN SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH
PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 109 AND THE WEST
LINE OF 2ND AMENDED PLAT OF GOLF COURSE PARCEL 9, ASPEN GLEN, FILING NO. 1, COUNTY OF
GARFIELD, STATE OF COLORADO WHENCE THE W 1/4 CORNER OF SECTION 20, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S 57°23'01" E 5194.26 FEET;
THENCE ALONG THE WEST LINE OF SAID GOLF COURSE PARCEL 9 THE FOLLOWING COURSES: N
79°46'03" E 87.38 FEET;
THENCE S 29°23'03" E 308.37 FEET;
THENCE S 74°11'52" E 10.61 FEET;
THENCE S 29°23'03" E 440.20 FEET;
THENCE S 53°16'43" E 36.29 FEET;
THENCE S 14°34'35" E 84.79 FEET TO THE NORTH RIGHT OF WAY LINE OF GOLDEN BEAR DRIVE AS
SHOWN ON PLAT OF ASPEN GLEN, FILING NO. 6, COUNTY OF GARFIELD, STATE OF COLORADO; THENCE
ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES:
THENCE 45.51 FEET ALONG THE ARC OF A 814.50 FEET RADIUS NON TANGENT CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 3°12'05" AND SUBTENDING A CHORD BEARING S 75°32'33" W 45.50 FEET;
THENCE 29.03 FEET ALONG THE ARC OF A 199.75 FEET RADIUS CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 8°19'39" AND SUBTENDING A CHORD BEARING S 78°06'20" W 29.01 FEET;
THENCE S 82°16'09" W 45.30 FEET;
THENCE 61.73 FEET ALONG THE ARC OF A 200.25 FEET RADIUS CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 17°39'47" AND SUBTENDING A CHORD BEARING S 73°26'16" W 61.49 FEET;
THENCE 55.09 FEET ALONG THE ARC OF A 833.67 FEET RADIUS CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 3°47'11" AND SUBTENDING A CHORD BEARING S 62°42'47" W 55.08 FEET;
THENCE 38.40 FEET ALONG THE ARC OF A 47.50 FEET RADIUS CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 46°19'29" AND SUBTENDING A CHORD BEARING S 83°58'56" W 37.37 FEET TO THE
EAST RIGHT OF WAY LINE OF COUNTY ROAD 109; THENCE ALONG EAST RIGHT OF WAY LINE THE
FOLLOWING COURSES:
THENCE N 29°02'45" W 166.98 FEET;
THENCE N 20°41'20" W 11.95 FEET;
THENCE 545.79 FEET ALONG THE ARC OF A 1635.67 FEET RADIUS NON TANGENT CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 19 DEGREES 07' 06" AND SUBTENDING A CHORD BEARING N 16°06'57" W
543.26 FEET;
THENCE N 06°33'24" W 135.34 FEET;
TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2021 American Land Title Association. All Rights Reserved The use of this Form is
restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
Old Republic National Title Insurance Company
Schedule A
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A
and the following matters:
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by
law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
6. 2024 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 25, 1894, IN BOOK 12 AT PAGE 329.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 25, 1894, IN BOOK 12 AT PAGE
329.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: GW63021129 Policy No.: OY63021129.27286083
9. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT
AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305.
B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824.
C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620.
D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 791.
E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.
F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.
G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 682.
H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 686.
I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399.
J. RESOLUTION NO. 97-38 RECORDED APRIL 16, 1997 UNDER RECEPTION NO. 507054.
K. RESOLUTION NO. 97-79 RECORDED AUGUST 20, 1997 UNDER RECEPTION NO. 512523.
L. RESOLUTION NO. 98-88 RECORDED OCTOBER 13, 1998 UNDER RECEPTION NO. 533648.
M. RESOLUTION NO. 99-018 RECORDED FEBRUARY 2, 1999 UNDER RECEPTION NO. 539751.
10. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED
APRIL 12, 1992 IN BOOK 827 AT PAGE 636 AND RECORDED JUNE 29, 1993 IN BOOK 835 AT PAGE 364.
11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS
CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ASPEN GLEN RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL
DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL
DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL
DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL
DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL
DECLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL
DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL
DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL
DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL
DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL
DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH
SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877 AND
TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT PAGE 755
AND THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT PAGE
740 AND FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 1467 AT
PAGE 910, AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 UNDER
RECEPTION NO. 665692 AND TRANSFER OF DECLARANT RIGHTS RECORDED DECEMBER 21, 2004
UNDER RECEPTION NO. 665696.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: GW63021129 Policy No.: OY63021129.27286083
12. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN
INSTRUMENT RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 444, AND RECORDED SEPTEMBER 23,
1999 IN BOOK 1151 AT PAGE 866.
13. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY
AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND
OPERATIONAL EASEMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 314.
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY AND
EASEMENT RECORDED APRIL 30, 1996 IN BOOK 976 AT PAGE 13.
15. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN GLEN,
FILING NO. 1 RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330.
16. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF CORRIDOR EASEMENT
RECORDED DECEMBER 21, 2004 UNDER RECEPTION NO. 665693 AND AGREEMENT FOR VACATION OF
GOLF COURSE CORRIDOR EASEMENT RECORDED AUGUST 14, 2017 UNDER RECEPTION NO. 896099.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DEED OF EASEMENT FOR
UNTREATED WATER IRRIGATION LINE RECORDED DECEMBER 21, 2004 UNDER RECEPTION NO.
665695.
18. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN LAND USE CHANGE PERMIT
RECORDED JANUARY 7, 2011 UNDER RECEPTION NO. 796954.
19. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2011-54 OF
THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY RECORDED OCTOBER 4, 2011 AS
RECEPTION NO. 808880.
20. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2014-38 OF
THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY RECORDED JULY 23, 2014 UNDER
RECEPTION NO. 851644 AND RESOLUTION NO. 2017-45 RECORDED OCTOBER 3, 2017 UNDER
RECEPTION NO. 898141.
21. MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY SGM CERTIFIED APRIL 15, 2024,
JOB NO. 2008-361.003, OUR ESI 41827049.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: GW63021129 Policy No.: OY63021129.27286083
Exhibit 2B
Exhibit 3 | Adjacent Property Owner List
PID#Owner Care Of Street Address City State Zip Code
239319100365 ASPEN GLEN GOLF COMPANY MELROSE COMPANY PO BOX 21307 HILTON HEAD ISLAND SC 29925
239319200386 SPIRIT REALTY L P CLUB CORP HOLDINGS, INC 3030 LBJ FREEWAY, SUITE 600 DALLAS TX 75234
239513405004 HEITMANN PROPERTIES LLC 47 SPIRE RIDGE WAY CARBONDALE CO 81623
239513405005 RPM GLEN LLC 1900 W LITTLETON BLVD LITTLETON CO 80120
239513405007 BUSO TRUST 9084 E WAGON WHEEL WAY PARKER CO 80138
239513408014 ROLLINS, JARED MICHAEL
206 SE 151ST AVENUE BRUSH PRAIRIE WA 98684
239513408029 HOMEOWNERS ASSOCIATION AT ASPEN GLEN INC MELROSE COMPANY PO BOX 21307 HILTON HEAD ISLAND SC 29925-1307
239513405009,
239513405010,
239513405011
CHANDLER, WILLIAM B 1014 MISSION DRIVE SOUTHLAKE TX 76092
ADJACENT PROPERTY OWNER LIST (200 Feet)
Exhibit 3A
Date: 05/27/2025
Exhibit 3B
Exhibit 4 | Mineral Owner Certificate
Exhibit 4A
Exhibit 4B
Exhibit 5 | Statement of Authority – Authorization Letter
Exhibit 5A
Exhibit 5B
Exhibit 6 | Pre‐application Conference Summary
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239513400405
Updated Date: 9/17/2024
Original Date: 6/21/2024
PROJECT: Sages at Aspen Glen
OWNERS: Ironwood AG-Sages LLC
CONTACT/REPRESENTATIVE: Tim Malloy, TGMC representing Cary Glickstein
TYPE OF APPLICATION: Preliminary Plan, Major Subdivision
ZONING: PUD
Lot Sizes: 4.24 acres
I. GENERAL PROJECT DESCRIPTION
Update: The applicant is now proposing using the Single-Family Attached use that is available in
the PUD’s Club Villar Zone District. At this time, no amendments to the PUD are anticipated. The
Single Family Attached use has an open space requirement that should be addressed in the
application. The ownership has also changed since the original preapplication conference
summary.
Original: This property had a previous preliminary plan approved in 2011. It was also subject
to a Director’s Determination that same year that altered the PUD’s setbacks for this specific lot
based on the original proposal’s 13 dwelling unit layout. Approvals were extended until 2019.
A final plat had been applied for, but that application was withdrawn, and no final plat was
deemed technically complete prior to the expiration of the preliminary plan in 2019. Due to the
expiration of previous approvals, changed conditions, and updated regulations, a new
preliminary plan will have to be approved prior to a final plat being submitted.
Prior to the Preliminary Plan, the applicant has the option to submit a sketch plan for the
Planning Commission and, optionally, the BOCC’s review and comments. These comments are
nonbinding, and the sketch plan also is eligible for public comments. The applicant indicated
2
that they intended apply directly for a Preliminary Plan. If they reconsider and decide to
proceed with a Sketch plan, they should reach out to staff for an updated Summary.
The proposed lot layout is different from the previous approvals. The applicant is proposing a
subdivision of 7 duplex lots for a total of 14 units within the Aspen Glen Subdivision. Modest
changes to the new roadway are also proposed. The applicant should work with the Carbondale
Rural Fire Protection District and Garfield County Road and Bridge on the possible need for an
emergency exit to CR 109.
The application should also explain the future process for dividing duplex lots, as well as zero
lot lines, party wall agreements, and similar provisions necessary to address duplex
development.
A general list of preliminary plan submittal requirements is provided below. The application
will need to demonstrate compliance with the Aspen Glen PUD and previous approvals, as well
as the LUDC. The application should explain if additional CC&R’s will be required and the new
subdivision’s inclusion in the existing HOA. Will-serve letters should be provided from all utility
providers. The County’s current inclusionary zoning regulations kick in at a combination of 15
lots and units. The application should show that it does not exceed that threshold or provide an
acceptable plan to meet Article 8’s requirements.
Detailed submittal requirements are included in the LUDC, in specifically sections 4-203 and 5-
402. The applicant should refer to these sections as they prepare the application. A template for
responses to Article 7 Standards, Division 1-4 is provided as a separate attachment.
The applicant’s attorney provided a letter addressing several topics from the Aspen Glen PUD. A
concurrent application for PUD amendments is necessary to address these topics. The
Preliminary Plan will need to address both current and proposed PUD regulations .
II. COMPREHENSIVE PLAN
The application will need to demonstrate compatibility with Garfield county Comprehensive
Plan.
III. REGULATORY PROVISIONS AND POLICY THE APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the
Application: You can find the Land Use and Development Code here: Click this link to go to the
LUDC Webpage
https://www.garfield-county.com/community-development/land-use-code/ is the url for the
LUDC webpage.
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Garfield County Comprehensive Plan 2030 as amended
Garfield County Land Use and Development Code as amended
o Section 5-302 Major Subdivision Review
o Table 5-103 Common Review Procedures and Required Notice
o Table 5-401 Application Submittal Requirements
o Section 5-402 Description of Submittal Requirements
o Section 4-203 Description of Submittal Requirements as applicable
o Provisions of Article 7 Standards
o Section 4-202 Submittal Waivers as applicable
o Section 4-118 Waivers from Standards as applicable
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. Table 5-401 outlines the specific application submittal criteria. The following list can
function as a checklist for your submittal.
General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
o Proof of ownership (copy of deed, title work) and information on any lien
holders.
o Title Commitment.
o A narrative describing the request and related information
o Names and mailing addresses of properties within 200 feet of the subject
property.
o Mineral rights ownership for the subject property (demonstrated through a
search of Clerk and Recorders database and/or Assessor database, memo
attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a
person to encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to
represent is needed.
o A copy of the Pre-application Summary needs to be submitted with the
Application.
Vicinity Map including areas within approximately 3 miles.
Site Plan and related information (some may be shown on the proposed plat) including
topography, existing improvements, infrastructure, irrigation ditches, and significant
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features. The site plan should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
Grading and Drainage plans.
Landscape Plan.
Impact Analysis.
Improvements Agreement.
Traffic Study.
Water Supply/Distribution Plan.
Wastewater Management Plan.
Preliminary Plan Map.
Open Space Plan Map.
Visual Analysis.
Codes, Covenants, Restrictions.
Affordable Housing Plan, if applicable.
Preliminary Engineering including roadways, mitigation of geological hazards, and sewage
collection and water supply and distribution systems.
Documentation of compliance with standards contained in Sections of Article 7, Divisions 1,
2, 3 and 4 as applicable. Application formatting is recommended to address each individual
section/standard.
Floodplain and Wetlands analyses, as necessary.
Documentation of compliance with Table 7-107, Roadway Standards.
A copy of any existing access information.
Referral to Colorado Geological Survey (CGS) and required fees or documentation of past
referral comments and confirmation from CGS that the comments were still valid.
Demonstration of compliance with Aspen Glen PUD and previous conditions of approval. If a
concurrent PUD amendment application is being processed, the application should address
the proposed PUD language as well.
Submittal Waiver Requests in Compliance with 4-202.
Waiver of Standards Request in Compliance with 4-118
WAIVER REQUESTS
Waiver from standards are subject to compliance with Section 4-118 and waivers from submittal
requirements are subject to compliance with Section 4-202. Waiver requests needs to be
specifically requested in the submittals, with supporting justification including demonstration of
compliance with the review criteria in Sections 4-118 and 4-202.
ADDITIONAL STAFF CONSULTATION
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As needed or for clarification of any of the above items, staff is available for additional
consultation prior to submittal and/or a courtesy review of draft submittal documents.
The Application submittals needs to include 3 hard copies of the entire Application and 1 Digital
PDF Copy. Both the paper and digital copies should be split into individual sections.
V. REVIEW PROCESS
Review by: Staff for completeness and recommendations. Referral agencies for additional
technical review.
6
Public Hearing(s): No Public Hearing, Directors Decision (with notice per code)
X Planning Commission
X Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County
Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Attorney’s
Office, Garfield County Vegetation Manager, Garfield County Department of Environmental
Health, Garfield County Assessor’s Office, Aspen Glen HOA, Department of Water Resources,
Local Fire Rescue District, Colorado Geological Survey, Colorado Parks and Wildlife.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $675
Referral Agency Fees: $TBD ($950 Colo.Geological Survey Referral fees, check separately
made out- others TBD)
Total Deposit: $675 + $950 CGS separate check (additional hours are billed at
hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or vested
right. The summary is valid for a six-month period, after which an update should be requested.
The Applicant is advised that the Application submittal once accepted by the County becomes
public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
9/17/2024
Philip Berry, Planner III Date
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Exhibit 7 | Vicinity Map
Date: 05/27/2025
Exhibit 8 | Draft Subdivision Improvements Agreement
SAGES AT ASPEN GLEN
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS SAGES AT ASPEN GLEN ("Sages at Aspen Glen "), SUBDIVISION
IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this _____day of
_______, 200__, by and between"), Cary Glickstein ("Owner" or "Developer") and the BOARD
OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (referred to in this
Agreement as the "Board" or "County").
WITNESSETH:
WHEREAS, simultaneously with the recording of this Agreement, Owner has exercised
an option to purchase a parcel of real property located within Garfield County, Colorado, known
as the Sages at Aspen Glen Subdivision, which property is described on Exhibit A hereto (the
"Property"); and
WHEREAS, Developer has acted as the "Applicant" with the consent of the previous
owner through the subdivision process; and
WHEREAS, on ____________, 2025 the Board approved a Preliminary Plan for Sages at
Aspen Glen (Resolution No. 2025-__) which, among other things, would create 14 residential
lots (Project); and
WHEREAS, Developer has submitted to the County for its approval a final subdivision
plat ("Final Plat") for the subdivision, comprising 7 duplex lots intended to be further divided
into 14 lots once the location of the foundations of the in-place demising walls have survey
located so as to accommodate individual ownership of each duplex unit, and two (2) open
space/common areas parcels; and
WHEREAS, as a condition of approval of the Final Plat submitted to the County for its
approval as required by the laws of the State of Colorado, Developer wishes to enter into this
Subdivision Improvements Agreement with the County; and
WHEREAS, Developer has agreed to execute and deliver a letter of credit to the County
to secure and guarantee its performance under this Agreement and has agreed to certain
restrictions and conditions regarding the issuance of building permits, certificates of occupancy
and sale of properties, all as more fully set forth below in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. DEFINITIONS.
a. Final Plat means the document consisting of ____________sheets to be
recorded with the Garfield County Clerk and Recorder entitled Final Plat,
Sages at Aspen Glen Subdivision.
b. Plat Documents means the Construction Documents for the Sages at Aspen
Glen prepared by _____________________, under project
number__________, consisting of ________ pages, revised
as_____________, together with the Final Plat.
2. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final
Plat for the Sages at Aspen Glen, subject to the terms and conditions of this
Agreement, the Preliminary Plan Approval (Resolution 2025-__), and the
requirements of the Garfield County Zoning and Subdivision Regulations.
3. DEVELOPER'S PERFORMANCE. Developer has constructed and installed, or
shall cause to be constructed and installed, at its own expense, those subdivision
improvements ("improvements" or "subdivision improvements") related to the
Final Plat for Sages at Aspen Glen which are required to be constructed under the
Preliminary Plan Approval, this Agreement, the Final Plat, and all Garfield
County Zoning and Subdivision Regulations. Developer shall comply with the
following:
a. All Plat documents submitted prior to or at the time of Final Plat approval, as
well as all terms and conditions set forth on the Final Plat, all of which are
incorporated herein by this reference;
b. All requirements of the Preliminary Plat Approval and all Garfield County
Zoning and Subdivision Regulations applicable to this project;
c. All laws, regulations, orders and resolutions of the State of Colorado, and the
County of Garfield;
d. All designs, specifications, drawings, maps, sketches, and other materials
submitted by Developer and its engineers in furtherance of the application for
the approval of Sages at Aspen Glen, as heretofore approved by the County,
including all improvements shown on the Plat Documents.
e. Payment of all fees required by the County and/or such other government
authority or special district with jurisdiction, as may be required for
installation of the improvements.
f. All such improvements shall be completed no later than one (1) year after the
date of recording of this Agreement in the Office of the Garfield County Clerk
and Recorder, which period may be extended by the Board for good cause
shown.
The County agrees that if all required improvements are installed in accordance
with this Agreement; the requirements of the Preliminary Plan approval; the Plat
Documents, the as-built drawings to be submitted upon completion of the
improvements and the requirements of the Garfield County Zoning and
Subdivision resolutions and regulations; and all other requirements of this
Agreement, then the Owner shall be deemed to have satisfied all terms and
conditions of the Land Use and Development Code of Garfield County, Colorado
with respect to the installation of improvements relating to the Project.
4. SECURITY FOR IMPROVEMENTS
a. Letter of Credit. On or before the date of the recording of the Final Plat
with the Garfield County Clerk and Recorder, Developer shall deliver a Letter of
Credit in a form acceptable to the County ("Letter of Credit"). The estimated cost
of completing the Sages at Aspen Glen subdivision improvements, as set forth and
certified by a licensed engineer on Exhibit B attached hereto, is $_____________
(such estimate includes typical construction costs, construction inspection,
engineering fees and a _______ contingency fund). A Letter of Credit will be
issued in the amount of $___________________ to guarantee completion of the
remaining improvements.
The Letter of Credit required by this Agreement shall be issued by a state or
national banking institution acceptable to the County, in substantially the same
form as the draft letter attached as Exhibit C. If the institution issuing the Letter of
Credit is not licensed in the State of Colorado and transacting business within the
State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of
the Uniform Commercial Code-Letters of Credit §§ 4-5-101, et seq., C.R.S., by a
bank that is licensed to do business in the State of Colorado, doing business in the
State of Colorado, and acceptable to the County. The Letter of Credit must be valid
for a minimum of six (6) months beyond the completion date for the improvements
set forth herein. If the time for completion of improvements is extended by a
written amendment to this Agreement, the time period for the validity of the Letter
of Credit shall be similarly extended. Additionally, should the Letter of Credit
become void or unenforceable for any reason, including bankruptcy of the Owner
or the financial institution issuing or confirming the Letter of Credit, prior to
approval of the improvements, this Agreement shall become void and of no force
and effect, and the Final Plat shall be vacated pursuant to the term of this
Agreement.
b. Partial Releases of Letter of Credit. The County shall release portions of
the Letter of Credit as portions of the improvements required hereunder are
completed to the satisfaction of the County. Certification of completion of
improvements adequate for release of security must be submitted by a licensed or
registered engineer. Such certification authorizing release of security shall certify
that the improvements have been constructed in accordance with the requirements
of this Agreement, including all Final Plat plans. Developer may also request
release for a portion of the security upon proof (i) that Developer has a valid
contract with a public utility company regulated by the Colorado PUC that
obligated such utility company to install certain utility lines and (ii) that Developer
has paid to such utility company the cost of installation of such utilities required to
be paid by Developer under such contract.
Upon submission of a certification of completion of improvements by the
Developer, the County may inspect and review the improvements certified as
complete, to determine whether or not said improvements have been constructed
in compliance with the relevant specifications. If the County determines that all or
a portion of the improvements certified as complete are not in compliance with
the relevant specifications, the County shall furnish a letter of potential
deficiencies to the Developer within fifteen (15) days specifying which
improvements are potentially deficient. If no letter of potential deficiency is
furnished within the said fifteen (15) day period, all improvements certified as
complete shall be deemed accepted and the County shall release the appropriate
amount of security as it relates to the improvements that were certified as
complete. If a letter of potential deficiencies is issued which identifies a portion of
the certified improvement as potentially deficient, then all improvements not so
identified in the letter of potential deficiencies shall be deemed accepted and the
County shall release the appropriate amount of security as such relates to the
certified improvements that are not identified as potentially deficient in the letter.
With respect to any improvements certified as complete by the Developer that are
identified as potentially deficient in a letter of potential deficiencies as provided in
this paragraph, the County shall have thirty (30) days from the date of the letter of
potential deficiencies to complete its investigation and provide written confirmation
of deficiency to Developer. If the County finds that the improvements are
acceptable, then appropriate security shall be released to the Developer within ten
(10) days after completion of such investigation. In the event the improvements are
not approved by the County, the Board of Commissioners shall make a written
finding prior to requesting payment from the Letter of Credit. Additionally, the
County shall provide the Developer a reasonable period of time to cure any
deficiency prior to requesting payment from the Letter of Credit.
Upon completion of all improvements, Developer shall submit to the Board of
County Commissioners of Garfield County as-built drawings bearing the stamp of
Developer's professional engineer certifying that all improvements have been
constructed in accordance with the requirements of this Agreement, including all
Final Plat plans. The County may inspect and review the improvements, and,
assuming acceptance, the County shall release the remaining amount of security.
c. Substitution of Letter of Credit. The County may, at its sole option, permit
the Developer to substitute collateral other than a Letter of Credit acceptable to the
County for the purpose of securing the completion of the improvements as
hereinabove provided.
d. Recording of Final Plat. The Final Plat for Sages at Aspen Glen shall not
be recorded pursuant to this Agreement until the Letter of Credit described in this
Agreement has been received and approved by the County.
5. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the
County for any homes to be located upon Sages at Aspen Glen, Developer shall
install a water distribution system for potable water and fire protection in
accordance with plans and specifications approved by the County. All easements
and rights of way necessary for installation, operation, service and maintenance of
such water supply and distribution system shall be established as shown on the
Final Plat.
6. ROADS. All roads within Sages at Aspen Glen shall be dedicated to Garfield
County for the use and benefit of the public. However, the homeowners association
shall be solely responsible for the maintenance, repair and upkeep of said roads.
The County shall not be obligated to maintain any roads within the subdivision.
7. INDEMNITY. To the extent allowed by law, the Developer agrees to indemnify
and hold the County harmless and defend the County from all claims which may
arise as a result of the Developer's installation of the improvements required
pursuant to this Agreement. However, the Developer does not indemnify the
County for claims made asserting that the standards imposed by the County are
improper or the cause of the injury asserted. The County shall be required to notify
the Developer of receipt of a notice of claim, or a notice of intent to sue, and shall
afford the Developer the option of defending any such claim or action. Failure to
notify and provide such written option to the Developer shall extinguish the
County's rights under this paragraph. Nothing herein shall be interpreted to require
the Developer to indemnify the County from claims which may arise from the
negligent acts or omissions of the County or its employees.
8. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Carbondale
and Rural Fire Protection District ("District") currently serves this Subdivision.
The Developer shall comply with all provisions of the District's approval,
including, without limitation, that the Developer shall pay an impact fee of
$___________ (for a total of $_____________ for this Project) to the District at
the time of Final Plat approval.
9 SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels
within Sages at Aspen Glen may be separately conveyed prior to recording of the
Final Plat for Sages at Aspen Glen in the records of the Garfield County Clerk &
Recorder.
10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this Agreement, the County may withhold issuance of
building permits for any residence or other habitable structure requiring a permit to
be constructed upon Lots 1 through 14, and/or any other structures requiring
building permits within Sages at Aspen Glen. Further, the parties agree that no
certificates of occupancy shall issue for any buildings or structures, including
residences, within Sages at Aspen Glen until all on-site improvements have been
completed and are operational as required by this Agreement. Developer shall
provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a
form in substantially the same form as that attached to and incorporated herein by
reference as Exhibit C concerning the restrictions upon issuance of building
permits and certificates of occupancy detailed in this Agreement, Final Plat
Approval and Preliminary Plan Approval.
11. ENFORCEMENT. In addition to any rights which may be provided by Colorado
statute, the withholding of building permits and certificates of occupancy provided
for in paragraph 4 above, and the provisions for release of security, detailed in
paragraph 10 above, it is mutually agreed by the County and the Developer that the
County, without making an election of remedies, or any purchaser of any lot within
the Subdivision shall have the authority to bring an action in the Garfield County
District Court to compel enforcement of this Agreement. Nothing in this
Agreement, however, shall be interpreted to require the County to bring an action
for enforcement or to withhold permits or certificates or to withdraw and use
security. Nor shall this paragraph or any other provision of this Agreement be
interpreted to permit the purchaser of a lot to file an action against the County.
12. CONSENT TO VACATE PLAT. In the event the Developer fails to comply with
the terms of this Agreement, the County shall have the ability to vacate the Final
Plat for Sages at Aspen Glen as it pertains to any lots for which building permits
have not been issued. As to lots for which building permits have been issued, the
plat shall not be vacated and shall remain valid. In such event, the Developer shall
provide the County a survey, legal description and a plat showing the location of
any portion of the Final Plat so vacated and shall record the plat in the Office of the
Garfield County Clerk and Recorder. If such plat is not recorded by the Developer,
the County may vacate the plat, or portions thereof, by Resolution. It is specifically
agreed that this paragraph 12 applies to the Subdivision as a multi-phased project
and therefore, in the event the County vacates the Final Plat as to the Subdivision,
subject of this agreement, the County may also withhold approval of a final plat for
a future phase if on-site or off-site Improvements covered by this Agreement are
not completely installed and operable.
13 NOTICE OF RECORDATION. This Agreement shall be recorded in the Office
of the Garfield County Clerk and Recorder and shall be a covenant running with
title to all lots, tracts, and parcels within Sages at Aspen Glen. Such recording
shall constitute notice to prospective purchasers or other interested parties as to the
terms and provisions thereof.
14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein
shall be binding upon and inure to the benefit of the successors and assigns of the
Developer and the County.
15. NOTICES. All notices required or permitted by this Agreement shall be in
writing and shall be deemed effective when received by the recipient party via
personal delivery, facsimile transmission, United States certified mail, postage
prepaid, return receipt requested, by messenger or by overnight delivery service,
in all cases addressed to the person for who it is intended at their address and
facsimile numbers(s) set forth below or to such other address as a party shall have
designated by notice in writing to the other party in the manner provided by this
paragraph:
If to Developer: Cary Glickstein
Ironwood AG-Sages, LLC
1118 Waterway Lane
Del Ray Beach, FL 33483
With copy to: Lucas Peck
Peck.Feigenbaum
132 Midland Avenue, Suite 4
Basalt, Colorado 81621
If to the County: Board of County Commissioners
of Garfield County Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
19. AMENDMENT. This agreement may be amended or modified from time to time,
but only in writing signed by the parties hereto.
20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out
of, or related to, this Agreement shall lie with the District Court for Garfield
County, Colorado, and this Agreement shall be construed according to the laws of
the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon
the date first set forth above.
OWNER/DEVELOPER:
By: _________________________________
Cary Glickstein, Ironwood AG-Sages, LLC
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD, STATE OF
COLORADO
By:
Print Name:
Chairman
ATTEST:____________________________
Clerk & Recorder Garfield County, Colorado
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by, this ______________ day of ____________ ,
200___ by Cary Glickstein.
WITNESS my hand and official seal.
My commission expires: __________________________________
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by _______________________________, Chairman of the Board of
County Commissioners for Garfield County, this ___________________________ day of
______________, 200__
WITNESS my hand and official seal.
My commission expires: __________________________________
Notary Public
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Engineer’s Cost Estimate
Exhibit C: Letter of Credit
Exhibit A
Sages at Aspen Glen
Legal Description
A TRACT OF LAND SITUATE IN SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL
MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 109 AND THE WEST LINE OF
2ND AMENDED PLAT OF GOLF COURSE PARCEL 9, ASPEN GLEN, FILING NO. 1, COUNTY OF GARFIELD, STATE OF
COLORADO WHENCE THE WEST 1/4 CORNER OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN BEARS S 57°23'01" E 5194.26 FEET; THENCE ALONG THE WEST LINE OF SAID GOLF COURSE
PARCEL 9 THE FOLLOWING COURSES:
THENCE N 79°46'03" E 87.38 FEET;
THENCE S 29°23'03" E 308.37 FEET;
THENCE S 74°11'52" E 10.61 FEET;
THENCE S 29°23'03" E 440.20 FEET;
THENCE S 53°16'43" E 36.29 FEET;
THENCE S 14°34’35" E 84.79 FEET TO THE NORTH RIGHT OF WAY LINE OF GOLDEN BEAR DRIVE AS SHOWN ON
PLAT OF ASPEN GLEN, FILING NO. 6, COUNTY OF GARFIELD, STATE OF COLORADO; THENCE ALONG SAID
NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES:
THENCE 45.51 FEET ALONG THE ARC OF A 814.50 FEET RADIUS NON TANGENT CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 3°12'05" AND SUBTENDING A CHORD BEARING S 75°32'33" W 45.50 FEET;
THENCE 29.03 FEET ALONG THE ARC OF A 199.75 FEET RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL
ANGLE OF 8°19°39" AND SUBTENDING A CHORD BEARING S 78°06'20" W 29.01 FEET;
THENCE S 82°16'09" W 45.30 FEET;
THENCE 61.73 FEET ALONG THE ARC OF A 200.25 FEET RADIUS CURVE TO THE LEFT, HAVING A CENTRAL
ANGLE OF 17°39'47" AND SUBTENDING A CHORD BEARING S 73°26'16" W 61.49 FEET;
THENCE 55.09 FEET ALONG THE ARC OF A 833.67 FEET RADIUS CURVE TO THE LEFT, HAVING A CENTRAL
ANGLE OF 3°47'11" AND SUBTENDING A CHORD BEARING S 62°42'47" W 55.08 FEET;
THENCE 38.40 FEET ALONG THE ARC OF A 47.50 FEET RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL
ANGLE OF 46°19'29" AND SUBTENDING A CHORD BEARING S 83°58'56" W 37.37 FEET TO THE EAST RIGHT OF WAY
LINE OF COUNTY ROAD 109; THENCE ALONG EAST RIGHT OF WAY LINE THE FOLLOWING COURSES:
THENCE N 29°02'45" W 166.98 FEET;
THENCE N 20°41'20" W 11.95 FEET;
THENCE 545.79 FEET ALONG THE ARC OF A 1635.67 FEET RADIUS NON TANGENT CURVE TO THE RIGHT, HAVING
A CENTRAL ANGLE OF 19 DEGREES 07’ 06" AND SUBTENDING A CHORD BEARING N 16°06'57" W 543.26 FEET;
THENCE N 06°33'24” W 135.34 FEET; TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 4.243 ACRES MORE
OR LESS.
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Holmes Excavation & Concrete Inc.
P.O. Box 1269
Carbondale, CO 81623
Office (970) 963-2007 Fax (970) 963-0199
February 26, 2025
Contracting Party: Crystal River Civil
Attention: Jay Engstrom
Project: Sages Development
We are pleased to submit the following Budget Proposal for the above referenced project. This
estimate is based on plans titled Sages Development dated 02.14.2025 drawn by Crystal River
Civil.
1. Mobilization ………………………………………………………………………………………………………… 9,826.00
2. Erosion Control ……………………………………………………………………………………………………. 9,775.00
3. Clear & Grub ……………………………….…………….......................................................... 34,102.00
4. Strip & Stockpile Topsoil ………………………………………………………………………………….… 10,165.00
5. Mass Excavation & Haul Off ………………………….…………………………………………………. 370,257.00
6. Relocate Bike Path ………………………………………………………………………………..……….….. 61,256.00
7. Sanitary Sewer Line - 8”..………………………………………………………………………..………… 800,421.00
8. Water Line - 8” DIP……………………………………………………………………………………….….. 503,426.00
9. Storm Sewer ……………………………………………………………………………………….…….…….. 134,856.00
10. Gas Line Trench ………………………………………………………………………………………….….… 65,372.00
Exhibit B
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11. Lot 1 & 2 Concrete Retaining Walls …..……………………………………………………..……. 150,875.00
12. Electric & Communications Trench …………………………………………………………..……… 87,876.00
13. Roadway Subgrade Prep …………………………………………………………………………………. 11,801.00
14. Roadway Aggregate Prep with Geogrid ……………………………………………………….… 204,009.00
15. Curb & Gutter ………………………………………………………………………………………….……. 131,316.00
16. Paving – 4” HMA …………………………………………………………………………………………… 167,360.00
TOTAL ………..………..… $2,752,693.00
Qualifications and Assumptions
Sanitary Sewer:
Sewer price does not include a Pump Station.
Utilities:
All utilities include an over excavation and replacement with 16” of compacted Class 1 aggregate with
Geogrid.
Laterals:
The Sanitary Sewer price includes a 4” lateral with cleanout from the main to the building.
The Water Line price includes a 1” copper lateral from the main to the building.
Rock Clause:
Blasting and splitting of rocks encountered and special rock handling, including rocks in excess of 0.5
cubic yards or ledges of 4 inches or more shall be charged on a time and material basis.
Dewatering:
In the event underground water is encountered, dewatering the site shall be charged on a time and
material basis.
Underground Utilities:
Holmes Excavation & Concrete Inc. is not responsible for the cost of any repairs to private utility lines not
shown or located by the owner or contracting party.
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Permits and Tap Fees:
Contracting party is responsible for obtaining all permits. Payment of all permits, taps and tap fees,
public or private (subdivision regulations) will be the responsibility of contracting party prior to
commencement of work. Parking permits and right of way permits are excluded.
Landscaping:
Revegetation, irrigation, and landscaping by others.
Survey Staking:
Survey stakeout by others.
Testing:
All materials and compaction testing to be performed by others.
Topsoil:
Re-spreading of topsoil is excluded.
Traffic Control and/or Signage:
Traffic Control and/or Traffic Signs are not included.
__________________________________________________________________________
Jeff Braine
Holmes Excavation & Concrete Inc.
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Exhibit 9 | Traffic Impact Study (SGM)
2024 AM PEAK HOUR VOLUMES
2024 PM PEAK HOUR VOLUMES
2044 AM PEAK HOUR VOLUMES
2044 PM PEAK HOUR VOLUMES
Exhibit 10 | Preliminary Plan Engineering Report
Sages Development
Preliminary Plan Engineering Report
June 6, 2025
Prepared By:
Jay Engstrom, P.E.
Crystal River Civil, LLC
Carbondale, CO 81623
jay@crystalrivercivil.com
(970) 510-5312
Crystal River Civil LLC 970.510.5312 Page 2 of 16
Table of Contents
1.0 Existing Conditions ......................................................................................................... 3
1.1 Site Description .......................................................................................................... 3
1.2 Existing Soils .............................................................................................................. 4
1.3 Existing Drainage ....................................................................................................... 4
1.4 Existing Utilities .......................................................................................................... 4
1.5 Existing Site Hazards .................................................................................................. 5
2.0 Proposed Conditions ...................................................................................................... 5
2.1 Project Description ..................................................................................................... 5
2.2 Slope Development .................................................................................................... 5
2.3 Development In Corrosive Soils .................................................................................. 7
2.4 Proposed Easements ................................................................................................. 7
3.0 Access ............................................................................................................................ 7
3.1 Access Summary ........................................................................................................ 7
3.2 Roadway Standards ................................................................................................... 8
3.3 Emergency Use .......................................................................................................... 8
4.0 Drainage ......................................................................................................................... 9
4.1 Proposed Drainage ..................................................................................................... 9
4.2 Drainage Basins ......................................................................................................... 9
4.2.1 On-site Basins ........................................................................................................ 9
4.2.2 Off-site Basins ........................................................................................................ 9
4.3 Hydrologic Criteria .....................................................................................................10
4.3.1 Runoff Calculation Method .....................................................................................10
4.3.2 Sub Basin Analysis ................................................................................................12
4.4 Hydraulic Criteria .......................................................................................................13
4.4.1 Inlets ......................................................................................................................13
4.5 Pipes .........................................................................................................................13
4.6 Stormwater Detention ................................................................................................14
5.0 Utilities ...........................................................................................................................14
5.1 Water .........................................................................................................................14
5.2 Sanitary Sewer ..........................................................................................................15
5.3 Shallow Utilities .........................................................................................................15
6.0 Appendix .......................................................................................................................16
Crystal River Civil LLC 970.510.5312 Page 3 of 16
1.0 Existing Conditions
1.1 Site Description
The subject parcel being discussed in this report is documented as Garfield County parcel
#239513400405 in Carbondale, Colorado and is described as an “Unplatted Parcel in the Aspen
Glen P.U.D. Situated Within Section 13, Township 7 South, Range 89 West Of The 6th Principal
Meridan”. The site is located northwest of Carbondale town limits, just north of the intersection of
Bald Eagle Way and County Road 109. It shares boundaries with Aspen Glen Golf Course to the
north and the east, and Bald Eagle Way and County Road 109 right-of-ways to the south and the
west. Aspen Glen Golf Company owns an undeveloped parcel on the other side of County Road
109, and the Aspen Glen Golf Course extends further south on the other side of Bald Eagle Way.
Sages Vicinity Map
The subject property is currently undeveloped. This parcel is within the Aspen Glen Subdivision
since the early 1990s and has been prepared for future residential use. It is within the Aspen Glen
PUD Club Villa Acre Residential Zone District and is subject to the Aspen Glen Development
Standards.
Throughout the development of Aspen Glen, the subject property has had several alterations that
impact the design. A large berm has been constructed along County Road 109, allowing for
additional separation from the road as well as off-site drainage mitigation. The high point of the
berm follows along the westernmost property line, where grades extend down to the east at
around 3:1 slopes to what appears to be the historic grade. From construction of Bald Eagle Way
at the intersection with County Road 109, additional grading occurred along the south side of the
property. This fill area has been graded at around 3:1 slope down to the flat area of the site. Other
Site
Crystal River Civil LLC 970.510.5312 Page 4 of 16
than these manipulated areas, the majority of the property is a gradual slope to the northeast
ranging from 2.5 percent to 5 percent. An existing golf cart path follows the eastern property line,
where it extends onto the subject property in several locations within a Golf Course Corridor
Easement as shown on the survey.
A survey has been completed by SGM and is included with this submittal. Refer to this survey for
additional information.
1.2 Existing Soils
A preliminary Geotechnical Engineering Report has been provided by RJ Engineering, and has
been included with this submittal (Appendix D). Three investigative borings were completed, and
previous studies were utilized for the geotechnical analysis. Silt and clay were observed to 23 to
25 feet underlain by gravel and cobble soils to the maximum explored depth of 28 feet.
Due to collapsible soils encountered in the geotechnical borings, any site development must
account for additional grading requirements and design constraints to minimize movement and
differential settling. This has additional construction implications for vehicle access, parking areas,
patios, and utilities, and requires deep foundations for all proposed structures.
Additional Geohazards were discussed, which are discussed in Section 1.5, Existing Site
Hazards, of this engineering report.
1.3 Existing Drainage
As the subject property was part of the development of Aspen Glen, the property has been
included as part of the Drainage Master Plan for the subdivision. Future expansion on this site
was accounted for in the original drainage report from 1993, as well as mitigation of off-site basins.
Drainage infrastructure has been installed on the subject property for conveyance of a large uphill
drainage basin to the west and runoff from Couty Road 109. Inlets were installed at low points on
either side of County Road 109, collecting runoff within the roadside swales and the uphill
drainage basin. A 30-inch corrugated metal pipe (CMP) culvert extends through the northern third
of the subject property. This pipe continues to the east under the golf course and is considered
part of the Aspen Glen drainage system.
An additional culvert was installed under County Road 109 just north of the intersection with Bald
Eagle Way. This infrastructure was not shown within the original Drainage Master Plan, and it
collects a small drainage basin uphill from the road as well as a small area of County Road 109.
The culvert daylights just southwest of the site and flows onto the subject property. The
stormwater from this infrastructure currently disperses and sheet flows through the site.
Kaiser Sievers Ditch previously flowed through the subject property, and mapping software shows
the ditch alignment through the site. This is not accurate, as the ditch has been realigned
throughout the Aspen Glen subdivision. This was discussed in the original drainage report and
has been implemented.
1.4 Existing Utilities
Currently there are no utilities extending to the subject property under investigation, but
infrastructure has been installed immediately south to accommodate future development.
Domestic water and sanitary sewer mains owned and managed by Roaring Fork Water and
Crystal River Civil LLC 970.510.5312 Page 5 of 16
Sanitation District, or RFWSD, are located in the Bald Eagle Way right-of-way. A capped 8-inch
water extension off an 8-inch main supposedly exists along the southern property line to utilize
for the site. An existing sanitary sewer manhole is located to the southeast of the site. Shallow
utilities, including communications, gas, and electric, are all located within Bald Eagle Way right-
of-way just north of the curb and gutter system.
1.5 Existing Site Hazards
There are no mapped hazards on the subject property that will need to be mitigated for.
From the geotechnical investigation discussed in Section 1.2, a minor risk of slope instability,
rockfall, and debris flow was mentioned but was deemed negligible for development. Sink holes
are possible due to the soils, but the risk of them were classified as low to moderate and no
indications of active sinkholes were observed. It is clarified within the report that a site-specific
investigation regarding sink holes is not warranted at this time.
2.0 Proposed Conditions
2.1 Project Description
The proposed development of the subject property consists of 7 duplexes, totaling 14 residential
units. Each unit will be located on a subdivided lot, which will be accessed from an interior road
extending north from Bald Eagle Way. Open space is provided in multiple locations throughout
the site (see Sheet C.03 of the Civil Drawing Set), and necessary utilities will be extended through
the development to service each residence. The site layout has been developed utilizing the
Aspen Glen PUD Guide and Aspen Glen Master Design Guidelines to meet all requirements for
a new development in the Club Villa Acre Residential Zone District.
The subject property will be regraded to accommodate the proposed residences. Several
retaining walls will be necessary to transition into the existing berm on the west side of the
property. Due to the poor soils, it was a requirement to ensure that adequate drainage was
provided around each building. Landscape areas all slope to a proposed drainage conveyance
system, via piping or at grade swales. The portion of the existing golf cart path that extends onto
the subject property will be realigned to stay within the golf course property and the easements
will be abandoned. It is a priority for this development to maintain separation from the golf course,
as well as minimizing impacts to the berm following County Road 109, so only a narrow corridor
could be utilized for development.
This parcel has been included within the planning process for Aspen Glen, and the road and utility
extensions were included in the Aspen Glen Master Plan since the original plan submitted in 1993.
The subject property has gone through several renditions of development proposals with a similar
layout and has received prior land use approvals from Garfield County.
2.2 Slope Development
Per the Garfield County Land Use Code Section 7-207(F), development on slopes exceeding
20% grades must meet additional requirements and standards, and additional items are to be
Crystal River Civil LLC 970.510.5312 Page 6 of 16
addressed for development on slopes exceeding 30%. The proposed site plan requires
disturbance of existing slopes that meet these criteria in two areas on the subject property, as
shown on Sheet C.05 of the civil set. The first area is the slope that was created from the
construction of Bald Eagle Way along the southern property line. The second slope consists of
the existing berm that follows County Road 109 along the western property line. These are both
man-made slopes that exceed 30% and were created during the construction of the Aspen Glen
Subdivision. Neither slopes show signs of significant erosion, and the existing hillsides are not
long enough to have conflicts due to concentrated flows or be considered hazardous.
The code requires a construction feasibility study be provided for developed areas exceeding
20%. This criterion has been satisfied by the grading and drainage plan provided in the civil set
on sheets C.06 and C.07. The proposed design manages the disturbed slopes and verifies the
constructability of the development. Retaining walls are proposed to create room for the units on
lot 11 through 14 and to stabilize the steep slope in the area of the man-made berm along CR
109.
The Land Use Code states that development is not to occur in slopes exceeding 30% except
where development on these slopes cannot be avoided. It additionally requests that these
disturbed slopes shall be confined to the minimum area for construction, and that development
shall be designed to follow natural grade. Since nearly the entire frontage along Bald Eagle Way
is encumbered by man-made slopes exceeding the 20% and 30% thresholds, any development
of the property will require disturbance of the steep slopes to accommodate the access road and
its intersection with Bald Eagle Way. Additional encroachment into the steep slopes associated
with access drive will occur in the area to the west of Lots 3 and 4. Our grading analysis
determined that the alignment of the access drive in this area is the best location to achieve the
various site development objectives including controlling the grade of the roadway in relation to
the unit driveways; minimizing visibility of the proposed units from CR 109; accommodating proper
drainage; providing the required emergency vehicle turn-around; and attempting to balance cut
and fill as much as possible.
Slopes must be impacted for the development of the proposed access road. Disturbance of the
band of man-made steep slopes along CR 109 is similarly unavoidable when considering
Applicant's desire to minimize the visual impacts of units 11 through 14 by tucking them into the
hillside while honoring the required 20-foot front yard setback from the proposed access road. It’s
important to consider that the steep slopes present on the site are not natural features but are
instead the man-made result of grading and fill done during the construction of County Road 109.
Because these slopes were engineered and stabilized as part of a public infrastructure project,
they differ materially from undisturbed natural slopes in both origin and function.
Section 7-207(F) of the Garfield County Land Use Code is principally intended to limit
development on natural steep slopes due to the inherent risk of erosion, instability, and visual
impact. In contrast, the man-made slopes in the area along CR 109 are the result of road
construction that was designed to specific engineering standards. Proof of the success of this
design is the fact that there is little or no sign of erosion along the slope adjacent to the County
Road.
Therefore, disturbance of these man-made slopes should not be evaluated with the same level of
restriction as would apply to natural terrain. In this case, the intent of the Slope Development
Crystal River Civil LLC 970.510.5312 Page 7 of 16
standards - namely, to preserve natural landforms and reduce risk - is not compromised.
Consequently, a more flexible interpretation of the standard is appropriate.
2.3 Development In Corrosive Soils
Per the Garfield County Land Use Code Section 7-207-G, the applicant is required to demonstrate
that the development cannot avoid areas with collapsible soils. Given the geotechnical borings
were completed in 3 separate locations throughout the site and collapsible soils were encountered
throughout, it is assumed the entire site will have to mitigate for corrosive soils. The grading plan
shown on Sheets C.06 and C.07 in the civil set has been designed to account for necessary site
drainage, ensuring stormwater is adequately conveyed away from proposed structures. All site
drainage is collected by a stormwater system that ties into the Aspen Glen stormwater system.
No stormwater detention is proposed on the site.
2.4 Proposed Easements
The proposed development on the subject property has existing and proposed drainage and utility
infrastructure that require easements for maintenance and repairs. These have been addressed
on the site plan, and can be found on sheets C.02, C.06 and C.07 in the civil set. These are also
included on the preliminary plat provided by the surveyor.
The existing corrugated metal pipe extending through the site that was installed during the
construction of Aspen Glen was completed without an easement. In the event future maintenance
and repairs are necessary, the proposed development includes an easement for the existing
infrastructure. A 20-foot-wide easement is proposed along the pipe through Lot 2 and Lot 3,
allowing for adequate access for repairs to the 30-inch culvert. The pipe has an estimated 30 to
36 inches of cover through the lots. The easement is offset, allowing for 10 feet centered over the
pipe for excavation and layback, and an additional 10 feet offset to the south for access and
staging. A 25-foot-wide easement allows for adequate access to the culvert through the HOA
Open Space and the right-of-way. This additional width is required due to the depth of the culvert
through the existing berm. This easement will be used as needed by the Aspen Glen PUD as well
as the Aspen Glen Club, the owners of the property to the west of County Road 109.
Drainage easements are proposed on Lots 1 through 14, allowing for the development’s drainage
swales, inlets, pipes, and general stormwater conveyance systems to be maintained as intended.
The widths vary throughout the subject property, pending the type of conveyance through the
area, as shown in the drawings. Additionally, a five-foot utility and drainage easement is proposed
along either side of the right-of-way. This will allow for any repairs or improvements to be
completed, and provide an additional buffer for maintenance needs.
3.0 Access
3.1 Access Summary
The proposed road for the Sages development extends off Bald Eagle Way and extends just
under 700 feet onto the subject property. A turnaround area has been provided at approximately
450 feet into the development to allow emergency and larger vehicles to turn around as
Crystal River Civil LLC 970.510.5312 Page 8 of 16
necessary. The access meets the residential roadway standards for Aspen Glen and Garfield
County.
Bald Eagle Way is a main collector street for Aspen Glen and is second in the development only
to the primary access along Highway 82. The access will be located just after the gate into Aspen
Glen. A traffic analysis was developed by Dan Cokley of SGM for the development, verifying that
there are no concerns regarding impacts to the surrounding streets. No auxiliary turn lanes for
ingress or egress to the project are necessary, and the County Road 109 roadway capacity is
adequate to carry the 20-year design volumes found in the study. Since the increase in traffic is
less than the 20% threshold in the State Highway Access Code, a State Highway Access permit
is not needed. The development of Aspen Glen was accounting for the development of this site,
so the original design had implemented the necessary capacity for this expansion.
The project is not proposing any pedestrian circulation, such as sidewalks or bike paths. There
are no connections to any existing infrastructure in proximity to the development, and there are
no sidewalks anywhere else in Aspen Glen.
The golf cart path along the eastern property line is to be realigned on the Aspen Glen Golf Course
property and off the subject property. This allows for additional separation between the proposed
residences and the golf cart path. The path is not to be utilized for pedestrian access and is only
to be used for the golf course.
3.2 Roadway Standards
The road has been designed to meet the Aspen Glen Residential Road Section, and accounts for
Garfield County Section 7-107 Roadway Standards as applicable. Two 11-foot-wide asphalt lanes
with a concrete, rollover curb and gutter are proposed. The proposed right-of-way through the site
does not meet the 50-foot standard for Garfield County, per Table 7-107, but meets the standard
right-of-way width within Aspen Glen.
The road is crowned with a 2 percent slope towards the curb and gutter from the road centerline,
and the slope along the centerline alignment does not exceed 8 percent. A 200-foot separation
from the proposed intersection with Bald Eagle Way and the intersection of County Road 109 and
Bald Eagle Way is maintained per Standard 7-107.F.2. The T-Shaped turnaround is located
approximately 450 feet into the development and is designed to meet the Garfield County
Standard 7-107.F.5.b.2, maintaining a 50-foot turning radius. Snow storage is provided within the
Open Space on the site and meets the county’s required 2.5 percent area equivalent to the access
road per Section 7-305.
Proposed residential driveways that transition into the proposed garages do not exceed 10
percent and are 18 feet wide. This allows for full access to the 2-car garage, as well as adequate
parking for 2 vehicles outside of the garage. Four on-site parking spaces for each residence meet
the requirements of Aspen Glen PUD Guidelines. No additional parking space is required for the
development given the more than adequate parking.
3.3 Emergency Use
The project has been reviewed by the Carbondale and Rural Fire Protection District, and the
proposed access is adequate for emergency use. Three Fire hydrants are located along the
access, maintaining the RFWSD Rules and Regulations Section 3.01 hydrant maximum spacing
Crystal River Civil LLC 970.510.5312 Page 9 of 16
of 400 feet for medium density. The T-shaped turnaround allows for adequate circulation of
emergency vehicles.
4.0 Drainage
4.1 Proposed Drainage
The development maintains the existing drainage infrastructure on the site and will improve upon
the on-site drainage. The existing culvert conveying the off-site basin will be maintained
throughout and after construction. The small off-site basin to the southwest will be conveyed
through the subject property and will connect into the existing culvert on the site.
The subject property is to be regraded to allow for adequate drainage away from the proposed
structures. 10 percent is maintained for a distance of 10 feet from the structure in landscaped
areas, and adequate grade difference from the top of the foundation is accounted for in the design.
All stormwater from the residences release into the right-of-way and into inlets or are conveyed
via swales to at-grade drains surrounding the site. The proposed access road is designed to
collect stormwater via curb inlets. The drainage system on the site conveys stormwater through
pipes to the north and connects into the existing Aspen Glen stormwater system. The original
Aspen Glen Drainage Master Plan accounted for this development within its drainage system and
has adequate capacity to handle the additional runoff.
A Drainage analysis drawing as well as a grading and drainage plan were developed by Crystal
River Civil (CRC) and are contained within the civil drawing set on sheets C.04, C.06, and C.07.
4.2 Drainage Basins
4.2.1 On-site Basins
The property has been analyzed as one on-site drainage basin, containing the entirety of the
proposed development. The point of concentration for the basin is the connection into the existing
30-inch CMP culvert, as the basin is collected by multiple inlets.
Basin 1 is comprised of 171,920 square feet and is 46 percent impervious. This basin includes
drainage from the entire development, which includes the access road, driveways, the proposed
roof structures, patios and surrounding landscaping. Runoff from the basin is conveyed via
swales, curb and gutter, and sheet flowing conditions to inlets. These inlets release into a pipe
network that conveys the runoff to the existing Aspen Glen drainage system. The system has
been sized to convey a 100-year, 1-hour storm event. As per the 1993 Drainage Master Plan, the
Aspen Glen drainage system has been sized to account for the drainage from this site and was
designed to provide adequate conveyance and water quality treatment for the proposed
development.
4.2.2 Off-site Basins
The Aspen Glen Drainage Master Plan accommodated for an off-site basin to the west of the
subject property. This information was utilized for the design of the culvert extending through the
property. Crystal River Civil reviewed the conditions to ensure that the drainage infrastructure was
adequate and that the existing conditions performed as designed in 1993.
Crystal River Civil LLC 970.510.5312 Page 10 of 16
A small basin was not included in the Aspen Glen Drainage master plan and includes a small
portion of County Road 109 and an area to the west that is collected by the roadside swale. This
is released via a culvert near the southwest corner of the subject property. This basin, which
contains 32,140 square feet and is 2 percent impervious, is labeled as OS1 on sheet C.04 of the
included civil engineering plan drawings. Runoff from the basin is conveyed around the proposed
structures to the south and is collected by the proposed drainage system.
The basin that is collected by the large culvert extending through the site was analyzed within the
Aspen Glen Drainage Master Plan. It was labeled as GP-6 in the master plan and consists of the
uphill area above County Road 109 to the west and a portion of County Road 109. This basin is
collected by roadside swales and directed to existing inlets and conveyed through the subject
property via the 30-inch culvert. CRC ran an analysis of this basin to verify that the existing
infrastructure through the subject property has capacity. The off-site basin is labeled as OS2 in
the analysis, and is determined to contain 2,207,773 square feet and be 1 percent impervious.
4.3 Hydrologic Criteria
4.3.1 Runoff Calculation Method
This analysis performed by Crystal River Civil uses procedures that have been standardized by
the Urban Storm Drainage and Flood Control District’s Urban Storm Drainage Criteria Manual, or
the USDCM, which is utilized by the City of Denver and its neighboring municipalities. Peak flows
of the site have been calculated using the Rational Method to determine the impacts the proposed
project has on the existing conditions, along with verifying the capacity of the proposed
infrastructure. This method uses the analyzed basin’s area, soil type (soil type B per USDA Web
Soil Survey Data, see Appendix B), percentage of imperviousness, time of concentration, and the
historic storm data from NOAA Atlas 14 (see Appendix C) to determine the maximum flow rate
from a specified storm event. The Rational Method uses the equation below to determine the
Maximum Flow Rate:
Q=CIA
Where,
Q is the peak stormwater runoff rate, in cubic feet per second
C is a runoff coefficient of the drainage area
I is the storm intensity, in inches per hour
A is the area of the drainage basin, in acres
The Runoff Coefficient, C, is determined using table 6-5 from the USDCM. To determine the storm
intensity, I, an equation was developed utilizing Autodesk Hydraflow to interpret the intensity of a
25-year and a 100-year storm event for this specific location utilizing data from NOAA Atlas 14.
For smaller basins with a time of concentration of less than five minutes, a time of concentration
of five minutes is assumed. When smaller times of concentration are used in the Rational Method,
the results tend to be inaccurate.
Crystal River Civil LLC 970.510.5312 Page 11 of 16
For larger basins, a time of concentration was determined utilizing the Federal Aviation
Administration (FAA) Time of Concentration Formula, or:
Where,
C is the corresponding runoff coefficient for the drainage area
Lo is the overland distance, in feet
So is the average slope, in %
This formula is commonly utilized within the USDCM and is a standard equation for this type of
calculation. The tables below summarize the calculations that were performed on the on-site
basins using the methods described for a 25-year, 1-hour and 100-year, 1-hour storm events.
The table below summarizes the calculation for the time of concentration for OS2. OS1 was under
500 linear feet so a time of concentration was not needed.
Rainfall depth, P 1 (in)1 Soil Class B Intensity (in/hr)Discharge (ft3/Sec)Q=CIA t
Note: For basins with a flow length of less than 500 feet, a Time of Concentration is assumed at 5 minutes. These calculations are assuming a NRCS Hydrologic Soil Class B.
Rainfall depth values derived from NOAA Atlas 14 data. Intensity equation has been derived from the Aspen area NOAA Atlas 14 IDF Curve.
Predeveloped Conditions
Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Peak Discharge
(Name)At (ft2) Ai (ft2)Ai/At (%) Tc (min)I (in/hr)Qp (ft3/sec)
1 171920 0 0.00%0.240 5 5.03 4.77
Developed Conditions
Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Peak Discharge
(Name)At (ft2) Ai (ft2)Ai/At (%) Tc (min)I (in/hr)Qd (ft3/sec)
1 171920.00 79598.00 46.30%0.530 5 5.03 10.53
25-Year 1-Hour Onsite Peak Discharge CalculationsI=72.878P1(9.6 +Td)0.997
Rainfall depth, P 1 (in)1.25 Soil Class B Intensity (in/hr)Discharge (ft3/Sec)Q=CIA t
Note: For basins with a flow length of less than 500 feet, a Time of Concentration is assumed at 5 minutes. These calculations are assuming a NRCS Hydrologic Soil Class B.
Rainfall depth values derived from NOAA Atlas 14 data. Intensity equation has been derived from the Aspen area NOAA Atlas 14 IDF Curve.
Predeveloped Conditions
Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Peak Discharge
(Name)At (ft2) Ai (ft2)Ai/At (%) Tc (min)I (in/hr)Qp (ft3/sec)
1 171920 0 0.00%0.430 5 8.12 13.77
Developed Conditions
Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Peak Discharge
(Name)At (ft2) Ai (ft2)Ai/At (%) Tc (min)I (in/hr)Qd (ft3/sec)
1 171920.00 79598.00 46.30%0.640 5 8.12 20.50
100-Year 1-Hour Onsite Peak Discharge CalculationsI=100.44P1(9.7 +Td)1.019
1.8(1.1 − 𝐶𝐶)�𝐿𝐿𝑜𝑜𝑆𝑆𝑜𝑜0.33
Crystal River Civil LLC 970.510.5312 Page 12 of 16
The tables below summarize the calculations that were performed on the off-site basins using the
methods described for a 25-year, 1-hour and 100-year, 1-hour storm events.
4.3.2 Sub Basin Analysis
In addition to determining the peak discharge from basins, the areas are then subdivided into sub
basins to calculate their peak discharges. This allows for verification that all pipes and intakes into
the proposed conveyance structures have capacity. CRC has designed all structures to have
capacity for a 100-year, 1-hour storm event. Using the same procedure discussed in 2.1 of this
drainage report the peak discharge of each sub basin was determined.
Below is a table summarizing the values required for the sub basin analysis.
Basin Highest Elevation Lowest Elevation Overland Distance Average Slope Time of Concentration
#(ft)(ft)(ft)So (%)To (min)
OS2 6389 6075 2550 0.12 121.56
100-Year Runoff Coefficient at 1% Imp., C = 0.43
OS2 Basin Time of Concentration Calculations
Only valid for over 300 feet of developed area or 500 feet of rural area
To Equation 1.8(1.1 −𝐶𝐶)𝐿𝐿𝑜𝑆𝑆𝑜0.33
Rainfall depth, P 1 (in)1 Soil Class B Intensity (in/hr)Discharge (ft3/Sec)Q=CIA t
Note: For basins with a flow length of less than 500 feet, a Time of Concentration is assumed at 5 minutes. These calculations are assuming a NRCS Hydrologic Soil Class B.
Rainfall depth values derived from NOAA Atlas 14 data. Intensity equation has been derived from the Aspen area NOAA Atlas 14 IDF Curve.
Existing Conditions
Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Peak Discharge
(Name)At (ft2) Ai (ft2)Ai/At (%) Tc (min)I (in/hr)Qd (ft3/sec)
OS1 32140.00 590.00 1.84%0.240 5 5.03 0.89
OS2 2207773.00 20112.00 0.91%0.240 121.56 0.56 6.86
25-Year 1-Hour Offsite Peak Discharge CalculationsI=72.878P1(9.6 +Td)0.997
Rainfall depth, P 1 (in)1.25 Soil Class B Intensity (in/hr)Discharge (ft3/Sec)Q=CIA t
Note: For basins with a flow length of less than 500 feet, a Time of Concentration is assumed at 5 minutes. These calculations are assuming a NRCS Hydrologic Soil Class B.
Rainfall depth values derived from NOAA Atlas 14 data. Intensity equation has been derived from the Aspen area NOAA Atlas 14 IDF Curve.
Existing Conditions
Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Peak Discharge
(Name)At (ft2) Ai (ft2)Ai/At (%) Tc (min)I (in/hr)Qd (ft3/sec)
OS1 32140.00 590.00 1.84%0.430 5 8.12 2.57
OS2 2207773.00 20112.00 0.91%0.430 121.56 0.87 19.00
100-Year 1-Hour Offsite Peak Discharge CalculationsI=100.44P1(9.7 +Td)1.019
Crystal River Civil LLC 970.510.5312 Page 13 of 16
4.4 Hydraulic Criteria
The following analyses were performed using the peak flows of the sub basins described in
Section 4.3 of this report.
4.4.1 Inlets
The peak flows for each sub-basin were used to size the proposed inlets. The equations
incorporate a 25 percent clogging factor and assume a 40 percent opening in the grates. Water
depths used in these calculations are based on the grading around each inlet and safe ponding
levels above the inlets. Each inlet takes the smaller value of the weir intersection capacity and
the orifice opening capacity, whichever is the smallest. The proposed dimensions of each inlet
must be greater than the subbasin peak flow for the 100-year, 1-hour storm. The tables below
summarize the calculations for each inlet.
4.5 Pipes
The pipes were sized using the calculated flows from the sub-basins that release into them
through inlets and downspouts. The Time of Concentration (TOC) is below 5 minutes for all sub-
basins on the interior of the site, so a reduction was not taken for the intensity. The pipes are all
SDR-35 PVC with a manning’s coefficient of .01. All the values calculated are derived from the
Rainfall depth, P1 (in)1.25 Soil Class B Intensity (in/hr)Discharge (ft3/Sec)Q=CIA t
The values shown in this table are analysing a 100-Year 1-Hour Storm Event. For basins with a flow length of less than 500 feet, a Time of Concentration of 5 minutes is assumed.
Developed Conditions
Sub Basin Total Area Impervious Area Percent Impervious C Value Time of Concentration Intensity Flow Rate
(Name)At (ft2) Ai (ft2)Ai/At (%)C (From Table) To (min)I (in/hr)Qs (ft3/sec)
1.1 15390 3530 22.94%0.52 5 8.12 1.49
1.2 26670 10591 39.71%0.59 5 8.12 2.93
1.3 53750 24275 45.16%0.64 5 8.12 6.41
1.4 9225 9225 100.00%0.89 5 8.12 1.53
1.5 18325 10077 54.99%0.66 5 8.12 2.25
1.6 17940 8195 45.68%0.64 5 8.12 2.14
1.7 30620 13705 44.76%0.61 5 8.12 3.48
OS1 32140.00 590.00 1.84%0.43 5 8.12 2.57
OS2 2207773.00 20112.00 0.91%0.43 121.56 0.87 19.00
Basin Flow Rate Calculations I =100.44P1(9.7 +Td )1.019
Effective Inlet Area, Ae (ft2)Inlet Orifice Capacity, Qo (ft3/s)Weir Flow Capacity, Qw (ft3/s)
Orifice Coefficient, Co 0.65 Clogging Factor, Cg 0.25 Area Opening Capacity Ratio, m
Weir Coefficient, Cw 3 Water Depth Above Inlet, Ys (ft)0.25 Effective Weir Length, Pe (ft)
Inlet Associated Subbasin Inlet Diameter Effective Inlet Area Orifice Flow Capacity Weir Flow Capacity Subbasin Flow
(Name)(Name)De (in)Ae (ft2)Qo (ft3/s)Qw (ft3/s)Q (ft3/s)
S3-Drain Basin 1.2 24 1.41 3.69 3.53 2.93
S6-Drain Basin 1.5 24 1.41 3.69 3.53 2.25
S7-Drain Basin 1.6 24 1.41 3.69 3.53 2.14
Round Inlet Capacity Calculation
0.6
Ae =1 −Cg (π(De /122)2)m Qo =Co Ae 2gYs Qw =Cw Pe Ys1.5
Pe =1 −Cg P
Effective Inlet Area, Ae (ft2)Wier Flow Capacity, Qw (ft3/s)
Orrifice Coefficient, Co 0.65 0.25 Area Opening Capacity Ratio, m
Weir Coefficient, Cw 3 0.25 Effective Weir Length, Pe (ft)
Inlet Associated Subbasin Inlet Length Inlet Width Effective Inlet Area Orifice Flow Capacity Wier Flow Capacity Subbasin Flow
(Name)(Name)(in)(in)Ae (ft2)Qo (ft3/s)Qw (ft3/s)Q (ft3/s)
S4-Curb Combination Inlet 1.5 48 24 3.60 9.39 3.38 6.41
S5-Curb Combination Inlet 1.6 24 24 1.80 4.69 2.25 1.53
Rectangular Inlet Capacity Calculation
0.6Clogging Factor, Cg
Water Depth Above Inlet, Ys (ft)
Inlet Orifice Capacity, Qo (ft3/s)𝐴𝑒=1 −𝐶𝐶𝑔(𝜋(𝐷𝑒/122)2)𝑚𝑄𝑜=𝐶𝐶𝑜𝐴𝑒2𝑔𝑌𝑠𝑄𝑤=𝐶𝐶𝑤𝑃𝑒𝑌𝑠1.5
𝑃𝑒=1 −𝐶𝐶𝑔𝑃
Crystal River Civil LLC 970.510.5312 Page 14 of 16
Manning’s Equation for partially full pipes. Each pipe was confirmed to be less than 100 percent
full for the 100-year, 1-hour storm event. Calculated pipe sizes and depth of flow for on-site pipes
are shown below.
4.6 Stormwater Detention
Given the integration with the Aspen Glen drainage infrastructure, the existing system has
accounted for the additional runoff from any development on the subject property. The existing
infrastructure consists of a complex system of detention ponds, wetlands utilized for filtration and
flood control, and integration of irrigation water combined with stormwater throughout Aspen Glen.
The original Drainage Master Plan accounted for the additional flow from the site, and provided
adequate stormwater treatment and protection.
5.0 Utilities
5.1 Water
The development is proposed to connect into the existing Roaring Fork Water and Sanitation
District (RFWSD) water supply system. An existing water line runs under Bald Eagle Way and
supposedly has an extension with a cap for the subject property to utilize. The project is proposing
to extend to the existing main, but if it is deemed appropriate the project may utilize the existing
extension.
The proposed 8-inch water main will extend into the development under the proposed right-of-
way, providing adequate service to the proposed 14 units. This line will also provide water to the
proposed fire hydrants for emergency use. All water mains and services will be constructed to
meet the RFWSD rules and regulations.
A Will-Serve Document from RFWSD has been requested and will be provided as soon as it is
available.
0.01 Mannings Equation (ft3/s)
Note: Pipe Flow Rate (Qp) is the summation of the flow rates from the the collected sub basins through each pipe, or Q s.
Pipe Collected Sub Basins Pipe Flow Rate Slope Prop. Pipe Diameter Pipe Sectional Area Pipe Max Flow Rate Percent of Capacity
(Name)(#)Qp (ft3/sec)S (%) Dp(in)Ap
(ft)Qc
(ft3/s) Qp/Qc (%)
S1 1.1,OS1 4.07 5.00%12 0.785 10.379 0.39
S2 1.1, OS1 4.07 0.50%18 1.766 9.677 0.42
S3 1.1,1.2,OS1 7.00 0.50%18 1.766 9.677 0.72
S4 1.3 6.41 2.00%18 1.766 19.354 0.33
S5 1.3,1.4 7.94 2.00%18 1.766 19.354 0.41
S6 1.1-1.5,OS1 17.19 0.50%24 3.140 20.841 0.82
S7 1.1-1.6, OS1 19.33 0.50%24 3.140 20.841 0.93
S8 1.1-1.6, OS1 19.33 0.50%24 3.140 20.841 0.93
E1 OS2 19.00 3.98%30 4.906 106.610 0.18
E2 1.1-1.6, OS1, OS2 38.33 3.98%30 4.906 106.610 0.36
Pipe Sectional Area (ft)Manning Coefficient, n
Pipe Capacity Calculations
Ap =π Dp2 2 Qc = 1.49n Ap Dp48 2 3�S
Crystal River Civil LLC 970.510.5312 Page 15 of 16
5.2 Sanitary Sewer
An 8-inch sanitary sewer main is to be constructed under the proposed road, which all 14
residences are able to gravity flow into. The 8-inch main extends to the south, where it reaches
a low point on the site. Due to this system being nearly 7 feet lower than the existing sanitary
sewer line under Bald Eagle Way, a lift station will be required. The location of the lift station is
depicted on Sheet C.09 of the civil engineering drawings. From the lift station, the sewer line
can again gravity flow to the existing sanitary sewer manhole to the southeast of the
development, which will be replaced. CRC will coordinate with RFWSD to determine adequate
sizing and capacity for the lift station for permit and construction documents.
A Will-Serve Document from RFWSD has been requested and will be provided as soon as it is
available.
5.3 Shallow Utilities
The site will install a splice vault just north of Bald Eagle Way to connect to the existing primary
line provided by Xcel Energy. A primary electric line extends along the western side of the
proposed road. Three Excel Energy transformers are located along the road with adequate
setbacks to provide secondary lines to the proposed units.
Communications are also be tied in just south of the Sages parcel to extend into the development.
These lines are to be common trenched with the primary electric extension, and pedestals will be
located near the transformers to provide services to the residences.
A Black Hills Energy gas line is to be extended from Bald Eagle Way right-of-way onto the site on
the east side of the access, extending the length of the proposed road. Services are to extend
from the gas main to each unit.
Will-Serve Letters from Xcel Energy and Black Hills Energy are both provided in the appendix of
this engineering report.
Crystal River Civil LLC 970.510.5312 Page 16 of 16
6.0 Appendix
Appendix A: Garfield County Property Record
View Map
IRONWOOD AG-SAGES LLC
1118 WATERWAY LANE
DELRAY BEACH FL 33483
Tax Year 2025 2024 2023 2022 2021
Actual Value $850,000.00 $640,000.00 $640,000.00 $573,300.00 $573,300.00
Tax Year 2025 2024 2023 2022 2021
Non School Assessed Value $229,500.00 $0.00 $0.00 $0.00 $0.00
School Assessed Value $229,500.00 $0.00 $0.00 $0.00 $0.00
Pre 2025 Assessed Value $0.00 $178,560.00 $178,560.00 $166,260.00 $166,260.00
*House Bill 24B-1001 established a separate assessment rate for school district residential properties, effective for the 2025 tax year and beyond. Click here for Assessor
FAQs
Tax Year 2024 2023 2022 2021
Taxes Billed $14,610.32 $14,270.16 $14,701.56 $14,494.56
Click here to view the tax information for this parcel on the Gar eld County Treasurer's website.
Summary
Account R041934
Parcel 239513400405
Property
Address
, CARBONDALE, CO 81623
Legal
Description
Section: 13 Township: 7 Range: 89 A TRACT OF LAND SITUATED
IN SEC 13. 4.243 ACRES
Acres 4.243
Land SqFt 0
Tax Area 82
Mill Levy 81.8230
Subdivision
Map
Owner
Land
Unit Type 1 AC TO L/T 5 AC - 0520 (VACANT LAND)
Square Feet 0
Acres 4.24
Actual Values
Assessed Values
Tax History
Gar eld County, CO
Sale Date Deed Type Reception Number Book - Page Sale Price
7/31/2024 SPECIAL WARRANTY DEED 998469 $2,000,000
9/18/2017 RESOLUTION 898141 $0
7/21/2017 AGREEMENT 896099 $0
7/21/2014 RESOLUTION 851644 $0
12/17/2004 DECLARANT RIGHTS 665696 1649-912 $0
12/17/2004 DEED 665695 1649-907 $0
12/17/2004 GENERAL WARRANTY DEED 665694 1649-904 $850,000
12/17/2004 DECLARATION 665693 1649-899 $0
12/17/2004 DECLARATION 665692 1649-891 $0
12/17/2004 QUIT CLAIM DEED 665687 1649-882 $0
2/5/1996 RESOLUTION 488798 0966-0686 $0
2/5/1996 RESOLUTION 488797 0966-0682 $0
12/12/1994 RESOLUTION 472058 0925-0345 $0
11/7/1994 WARRANTY DEED 470710 921-661 $16,500,000
10/6/1994 LIS PENDENS 469407 918-408 $0
5/5/1994 COURT DECREE 464122 904-724 $0
12/20/1993 RESOLUTION 457154 887-824 $0
12/14/1992 WARRANTY DEED 442144 849-695 $0
11/2/1992 RESOLUTION 440895 846-615 $0
6/29/1992 AGREEMENT 436263 835-364 $0
6/29/1992 RESOLUTION 436262 835-305 $0
5/1/1992 PERSONAL REP DEED 434734 831-545 $0
4/28/1992 LETTERS 434733 831-544 $0
11/21/1991 MEMORANDUM 429488 818-326 $0
5/14/1990 BOUNDARY LINE ADJUSTMENT 412740 779-484 $0
12/23/1986 QUIT CLAIM DEED 377996 703-121 $0
Click here to view Property Related Public Documents
No data available for the following modules: Buildings, Photos, Sketches.
Transfers
Property Related Public Documents
The Gar eld County Assessor's Of ce makes every effort to produce the most accurate
information possible. No warranties, expressed or implied are provided for the data herein, its
use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
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Appendix B: USDA Web Soil Survey Data
Aspen-Gypsum Area, Colorado, Parts of Eagle,
Garfield, and Pitkin Counties
6—Almy loam, 1 to 12 percent slopes
Map Unit Setting
National map unit symbol: jq6l
Elevation: 6,000 to 7,800 feet
Mean annual precipitation: 12 to 14 inches
Mean annual air temperature: 42 to 46 degrees F
Frost-free period: 85 to 105 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Almy and similar soils:80 percent
Minor components:20 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Almy
Setting
Landform:Hills, alluvial fans
Landform position (two-dimensional):Footslope
Down-slope shape:Linear
Across-slope shape:Linear
Parent material:Alluvium derived from calcareous sandstone
and/or alluvium derived from calcareous shale
Typical profile
H1 - 0 to 8 inches: loam
H2 - 8 to 26 inches: fine sandy loam
H3 - 26 to 60 inches: sandy clay loam
Properties and qualities
Slope:1 to 12 percent
Depth to restrictive feature:More than 80 inches
Drainage class:Well drained
Runoff class: Medium
Capacity of the most limiting layer to transmit water
(Ksat):Moderately high to high (0.20 to 2.00 in/hr)
Depth to water table:More than 80 inches
Frequency of flooding:None
Frequency of ponding:None
Available water supply, 0 to 60 inches: Moderate (about 8.6
inches)
Interpretive groups
Land capability classification (irrigated): 4e
Land capability classification (nonirrigated): 4e
Hydrologic Soil Group: B
Map Unit Description: Almy loam, 1 to 12 percent slopes---Aspen-Gypsum Area, Colorado,
Parts of Eagle, Garfield, and Pitkin Counties
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/9/2025
Page 1 of 2
Ecological site: R048AY306UT - Upland Loam (Wyoming Big
Sagebrush)
Other vegetative classification: ROLLING LOAM (null_20)
Hydric soil rating: No
Minor Components
Other soils
Percent of map unit:20 percent
Hydric soil rating: No
Data Source Information
Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and
Pitkin Counties
Survey Area Data: Version 15, Aug 29, 2024
Map Unit Description: Almy loam, 1 to 12 percent slopes---Aspen-Gypsum Area, Colorado,
Parts of Eagle, Garfield, and Pitkin Counties
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/9/2025
Page 2 of 2
Appendix C: NOAA Atlas 14 Data
NOAA Atlas 14, Volume 8, Version 2
Location name: Carbondale, Colorado, USA*
Latitude: 39.4397°, Longitude: -107.2707°
Elevation: 6074 ft**
* source: ESRI Maps
** source: USGS
POINT PRECIPITATION FREQUENCY ESTIMATES
Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale
Unruh, Michael Yekta, Geoffery Bonnin
NOAA, National Weather Service, Silver Spring, Maryland
PF_tabular | PF_graphical | Maps_&_aerials
PF tabular
PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1
Duration Average recurrence interval (years)
1 2 5 10 25 50 100 200 500 1000
5-min 0.111
(0.088‑0.144)
0.167
(0.132‑0.216)
0.253
(0.200‑0.329)
0.320
(0.251‑0.419)
0.406
(0.301‑0.542)
0.466
(0.339‑0.636)
0.521
(0.366‑0.733)
0.572
(0.384‑0.832)
0.632
(0.408‑0.952)
0.672
(0.425‑1.04)
10-min 0.162
(0.129‑0.210)
0.244
(0.193‑0.317)
0.371
(0.292‑0.482)
0.469
(0.367‑0.613)
0.594
(0.441‑0.794)
0.682
(0.496‑0.931)
0.763
(0.536‑1.07)
0.838
(0.563‑1.22)
0.926
(0.597‑1.39)
0.984
(0.623‑1.53)
15-min 0.198
(0.157‑0.256)
0.298
(0.236‑0.386)
0.452
(0.356‑0.588)
0.572
(0.448‑0.748)
0.724
(0.537‑0.968)
0.832
(0.605‑1.14)
0.930
(0.653‑1.31)
1.02
(0.686‑1.48)
1.13
(0.728‑1.70)
1.20
(0.759‑1.86)
30-min 0.269
(0.213‑0.348)
0.388
(0.307‑0.503)
0.572
(0.451‑0.744)
0.713
(0.559‑0.932)
0.891
(0.661‑1.19)
1.02
(0.738‑1.38)
1.13
(0.791‑1.58)
1.23
(0.826‑1.79)
1.35
(0.868‑2.03)
1.42
(0.901‑2.21)
60-min 0.359
(0.284‑0.465)
0.481
(0.381‑0.624)
0.670
(0.528‑0.871)
0.816
(0.639‑1.07)
1.00
(0.744‑1.34)
1.13
(0.823‑1.54)
1.25
(0.876‑1.75)
1.35
(0.910‑1.97)
1.48
(0.954‑2.23)
1.56
(0.987‑2.42)
2-hr 0.449
(0.360‑0.573)
0.575
(0.460‑0.734)
0.769
(0.613‑0.985)
0.919
(0.728‑1.18)
1.11
(0.836‑1.46)
1.24
(0.917‑1.67)
1.37
(0.972‑1.89)
1.48
(1.01‑2.12)
1.61
(1.05‑2.39)
1.70
(1.08‑2.60)
3-hr 0.528
(0.426‑0.668)
0.642
(0.518‑0.814)
0.821
(0.659‑1.04)
0.961
(0.767‑1.23)
1.14
(0.870‑1.50)
1.27
(0.948‑1.70)
1.39
(1.00‑1.92)
1.51
(1.04‑2.15)
1.65
(1.08‑2.43)
1.74
(1.12‑2.64)
6-hr 0.693
(0.566‑0.864)
0.789
(0.644‑0.985)
0.948
(0.770‑1.19)
1.08
(0.873‑1.36)
1.26
(0.984‑1.65)
1.41
(1.07‑1.87)
1.55
(1.13‑2.12)
1.70
(1.18‑2.40)
1.89
(1.27‑2.77)
2.04
(1.33‑3.05)
12-hr 0.864
(0.715‑1.06)
0.982
(0.811‑1.21)
1.18
(0.973‑1.46)
1.35
(1.11‑1.68)
1.60
(1.26‑2.06)
1.79
(1.38‑2.36)
2.00
(1.48‑2.70)
2.20
(1.56‑3.08)
2.49
(1.69‑3.60)
2.72
(1.79‑4.00)
24-hr 1.04
(0.873‑1.26)
1.20
(1.00‑1.45)
1.46
(1.22‑1.78)
1.69
(1.40‑2.06)
2.02
(1.61‑2.57)
2.28
(1.78‑2.96)
2.55
(1.91‑3.41)
2.84
(2.03‑3.92)
3.24
(2.22‑4.62)
3.55
(2.36‑5.14)
2-day 1.24
(1.05‑1.48)
1.42
(1.20‑1.70)
1.73
(1.46‑2.08)
2.01
(1.68‑2.42)
2.40
(1.95‑3.02)
2.72
(2.15‑3.48)
3.06
(2.32‑4.02)
3.41
(2.46‑4.63)
3.90
(2.70‑5.47)
4.28
(2.87‑6.10)
3-day 1.38
(1.18‑1.63)
1.58
(1.35‑1.87)
1.92
(1.64‑2.29)
2.22
(1.88‑2.65)
2.65
(2.16‑3.30)
2.99
(2.37‑3.78)
3.35
(2.55‑4.36)
3.72
(2.71‑5.00)
4.23
(2.95‑5.88)
4.64
(3.13‑6.55)
4-day 1.50
(1.29‑1.76)
1.71
(1.47‑2.02)
2.08
(1.78‑2.45)
2.39
(2.03‑2.83)
2.83
(2.32‑3.50)
3.18
(2.54‑4.00)
3.55
(2.72‑4.59)
3.93
(2.87‑5.25)
4.45
(3.11‑6.14)
4.86
(3.30‑6.81)
7-day 1.80
(1.56‑2.08)
2.03
(1.76‑2.35)
2.41
(2.08‑2.81)
2.74
(2.35‑3.21)
3.20
(2.65‑3.90)
3.57
(2.88‑4.42)
3.95
(3.06‑5.03)
4.34
(3.20‑5.71)
4.87
(3.43‑6.62)
5.28
(3.61‑7.30)
10-day 2.05
(1.79‑2.36)
2.30
(2.00‑2.64)
2.70
(2.35‑3.12)
3.05
(2.63‑3.54)
3.53
(2.94‑4.26)
3.91
(3.17‑4.80)
4.30
(3.35‑5.43)
4.70
(3.49‑6.13)
5.24
(3.72‑7.07)
5.66
(3.90‑7.78)
20-day 2.78
(2.46‑3.14)
3.08
(2.72‑3.49)
3.58
(3.15‑4.07)
4.00
(3.50‑4.57)
4.57
(3.85‑5.41)
5.02
(4.12‑6.05)
5.48
(4.31‑6.79)
5.94
(4.46‑7.60)
6.55
(4.70‑8.68)
7.02
(4.89‑9.48)
30-day 3.38
(3.02‑3.80)
3.76
(3.35‑4.22)
4.36
(3.87‑4.91)
4.86
(4.29‑5.50)
5.54
(4.69‑6.47)
6.05
(5.00‑7.21)
6.57
(5.21‑8.05)
7.08
(5.35‑8.97)
7.76
(5.60‑10.2)
8.26
(5.79‑11.1)
45-day 4.16
(3.74‑4.62)
4.64
(4.17‑5.16)
5.40
(4.84‑6.03)
6.02
(5.35‑6.75)
6.83
(5.82‑7.89)
7.44
(6.18‑8.75)
8.03
(6.41‑9.73)
8.61
(6.54‑10.8)
9.35
(6.78‑12.1)
9.88
(6.97‑13.1)
60-day 4.83
(4.37‑5.33)
5.41
(4.89‑5.98)
6.32
(5.69‑7.01)
7.05
(6.30‑7.85)
7.99
(6.84‑9.14)
8.68
(7.24‑10.1)
9.33
(7.48‑11.2)
9.96
(7.59‑12.4)
10.7
(7.82‑13.8)
11.3
(7.99‑14.8)
1 Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS).
Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates
(for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds
are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values.
Please refer to NOAA Atlas 14 document for more information.
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Appendix D: Geotechnical Engineering Report
PRELIMINARY
GEOTECHNICAL ENGINEERING REPORT
THE SAGES AT ASPEN GLEN
COUNTY ROAD 109
GARFIELD COUNTY, COLORADO
August 9, 2024
Prepared By:
PO Box 1080
Silt, CO 81652
Prepared For:
Mr. Cary Glickstein
Ironwood Sages LLC
1118 Waterway Lane
Delray Beach, FL 33483
Project No. 24-019R-G1
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
i
TABLE OF CONTENTS
1.0 PROJECT INFORMATION .................................................................................. 1
1.1 Purpose and Scope .................................................................................. 1
1.2 Proposed Construction ............................................................................. 1
1.3 Site Conditions ......................................................................................... 1
1.4 Site Geology ............................................................................................ 2
2.0 PREVIOUS INVESTIGATION .............................................................................. 3
2.1 Previous Investigation by Others .............................................................. 3
2.2 Subsurface Conditions ............................................................................. 3
2.2.1 Groundwater ........................................................................................ 4
3.0 GEOHAZARDS ................................................................................................... 5
3.1 Collapsible Soils ....................................................................................... 5
3.2 Sink Holes and Depressions .................................................................... 6
3.3 Slope Instability ........................................................................................ 6
3.4 Rockfall .................................................................................................... 6
3.5 Debris Flows ............................................................................................ 6
4.0 SITE GRADING ................................................................................................... 7
5.0 FOUNDATIONS .................................................................................................. 7
6.0 PAVEMENT RECOMMENDATIONS ................................................................... 7
6.1 Subgrade Strength Evaluation .................................................................. 8
6.2 Hot Mix Asphalt Pavement Design ........................................................... 8
6.1 Pavement Subgrade Preparation ............................................................. 9
6.2 Drainage Considerations .......................................................................... 9
7.0 UTILITIES ............................................................................................................ 9
8.0 SURFACE DRAINAGE ........................................................................................ 9
9.0 CONCRETE ...................................................................................................... 10
10.0 LIMITATIONS .................................................................................................... 10
LIST OF APPENDICES
Appendix A – Test Hole/Drill Logs from Previous Investigations
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
1
1.0 PROJECT INFORMATION
1.1 Purpose and Scope
This report presents the results of our preliminary geotechnical engineering report and
recommendations for the residential development at The Sages at Aspen Glen in Garfield
County, Colorado (Figure 1). The report was prepared to provide preliminary foundation, site
grading, utility installation, roadway grading, pavement design and general construction
recommendations for development at the referenced site.
The site investigation consisted of geologic reconnaissance and review of a previous
investigation. Additional subsurface investigations were not performed within this scope. This
report summarizes our conclusions and recommendations based on the proposed construction,
site reconnaissance, and review of the previous report.
1.2 Proposed Construction
Based on the preliminary plans prepared by Z Group Architecture & Interior Design, seven
duplex units are planned at the site (Figure 3). An access drive to the units is also planned in
the middle of the site. Grading plans were not available at the time of this investigation.
1.3 Site Conditions
The site is located on the north side of the intersection of County Road 109 and the entrance to
Aspen Glen Subdivision in Garfield County, Colorado as shown in Figure 1. The site slopes up
to the west at grades of relatively flat to over 100 percent in isolated areas along County Road
109 where an earthen berm is located paralleling the county road. An existing culvert is located
at the south corner of the site. The culvert directs water from the west side of County Road 109
and discharges at the southern border of the site. Existing vegetation included natural brush
and grasses.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
2
Figure 1 –Project Site Location
1.4 Site Geology
We reviewed the Geologic Map of the Cattle Creek Quadrangle, Garfield County, Colorado,
Open File Report 14-14, Plate 1 of 2. Figure 2 shows this geologic map with the approximate
site location.
The site is mapped as younger colluvial deposits (map symbol Qc) consisting of poorly sorted
sand, silt, and gravel in a sandy silt or silty sand matrix.
Bedrock below the site consists of Pennsylvanian-age Eagle Valley Formation (map symbol Pe)
and Eagle Valley Evaporite (map symbol Pee). The formation consists of siltstone with some
interbedded gypsum and dolomite. The Eagle Valley Formation contains beds of gypsum and
anhydrite. Both formations contain minerals that are susceptible to water dissolution forming
sink holes. Several sink holes are mapped east of this site across the Roaring Fork River.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
3
Figure 2 – Geologic Map
2.0 PREVIOUS INVESTIGATION
2.1 Previous Investigation by Others
We were provided with the following geotechnical investigation for preparation of this report:
• Geotechnical Engineering Study for Final Plan Design, Proposed Sages at Aspen
Glen, Bald Eagle Way and County Road 109, Garfield County, Colorado by HP
Geotech, Job No. 110 406A, December 21, 2010.
2.2 Subsurface Conditions
Subsurface conditions were compiled from the previous investigation. Figure 3 below shows
the approximate test hole locations and the associated report. For reference, the test hole logs
and legends are included in Appendix A.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
4
Figure 3 – Approximate Test Hole/Boring Locations
The previous report encountered varying amounts of silt and clay to depths of 23 to 25 feet
underlain by gravel and cobble soils to the maximum explored depth of 28 feet. Practical drill rig
refusal was encountered in two borings at depths of 27 and 28 feet. The clay and silt samples
are classified as sandy, low plasticity clay (CL) and silt (ML). The gravel and cobble are
generally classified as slightly silty gravel (GM-GP) according to the Unified Soil Classification
System (USCS). Bedrock was not encountered in any of the test holes.
Swell/consolidation testing indicated low compression to low swell potential for the near surface
soils. Six clay and silt samples exhibited -1% compression to 1% swell when wetted under an
applied load of 1,000 psf.
2.2.1 Groundwater
Groundwater was not reported in any of the test holes. Based on our experience, groundwater
may be encountered during pier or micropile installation if significant penetration into the
subsoils or bedrock is necessary. Variations in groundwater conditions may occur seasonally.
The magnitude of the variation will be largely dependent upon the amount of spring snowmelt,
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
5
duration and intensity of precipitation, site grading changes, and the surface and subsurface
drainage characteristics of the surrounding area.
3.0 GEOHAZARDS
Based on review of the previous investigations and our site visit, we believe the following
geohazards are present at the site that should be considered during development. The
geohazards present at the site include:
• Collapsible Soils
• Sinkholes and Depressions
Based on review of the previous investigation and our site visit, we believe the following
geohazards pose a minor risk and do not require consideration during development.
• Slope Instability
• Rockfall
• Debris Flows
The following is a discussion of each geohazard as it relates to the development of the site.
3.1 Collapsible Soils
The silt and sand subsoils encountered at the site are known to exhibit high to very high
collapse potential. Collapsible soils were encountered in the proposed duplex locations.
Depending on the changes of moisture content in the subsoils after construction, we would
estimate differential and total movements on the order of 2 to 10 inches. We anticipate that
increases in moisture content of the subsoils could occur depending on final grades, surface
drainage and irrigation practices. The amount of movement depends in part on the infiltration of
surface water and the depth at which the water penetrates the collapsible soils. Structures will
likely be supported on a deep foundation and should not be affected by collapsible soils.
However, these movements could affect drives, parking areas and utilities. Total and differential
movements cannot be eliminated. To decrease the likelihood of potential movement to occur,
drainage should be designed to prevent ponding of water around improvements and flatwork
during precipitation events. Surface flow should be directed away from improvements and
flatwork as quickly as possible to reduce surface water infiltration. Additional mitigation, such as
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
6
lining drainage swales and detention ponds that are uphill or adjacent to improvements could
reduce the likelihood of water infiltration into the subsurface and reduce the potential for
settlement.
3.2 Sink Holes and Depressions
Sink holes occur when the underlying bedrock is dissolved resulting in a void or cavern. The
void then collapses and propagates to the surface causing a sink hole or depression. Sink
holes are mapped east of the site across the Roaring Fork River. A detailed site-specific
investigation was not conducted at the site to investigate sink holes. Predicting where and if a
sink hole would develop is extremely difficult. The hazard associated with sink hole
development cannot be eliminated. We anticipate the availability of groundwater to cause
dissolution of the bedrock to be low to moderate. Therefore, we believe the risk of sink hole
development at this site is low to moderate. We did not observe indications of active sink holes
developing at the site. Therefore, we believe a site-specific investigation is not warranted at this
time.
3.3 Slope Instability
Evidence of major landslides was not observed at this site. We do not anticipate problems
associated with slope instability with respect to residential construction. For deep excavations
greater than 10 feet, a slope/global stability analysis may need to be performed. Temporary
excavation support may be required to reduce the likelihood of initiating a slope failure.
3.4 Rockfall
During our site visit, we did not observe evidence that rockfall hazard is present at this site. We
do not believe rockfall mitigation is required.
3.5 Debris Flows
We did not observe evidence that the site is within a debris flow hazard area. We believe a
debris flow hazard evaluation is not needed at this time. If wildfire or some other event occurs
and results in removal of vegetation on the slopes west of County Road 109, a debris flow
hazard evaluation may be warranted to determine if the site would be within a debris flow
hazard zone.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
7
4.0 SITE GRADING
Cuts and fills will likely be required to achieve finished grades for the structures and access
drives. Based on our review, we believe that material can be excavated by conventional
construction equipment. We recommend cut and fill slopes be constructed at 3H:1V or flatter. If
groundwater or seeps are encountered, flatter slopes will likely be necessary for stability.
The on-site (cut) soils can be used in site grading fills provided the material is substantially free
of organic material, debris and particles are no larger than 6 inches. Areas to receive fill should
be stripped of vegetation, organic soils and debris. Topsoil is not recommended for fill material.
Fill should be placed in thin, loose lifts of 8 inches thick or less. We recommend fill materials
derived from onsite soils be moisture conditioned within 2 percent of optimum moisture content
and compacted to at least 95 percent of maximum standard Proctor dry density (ASTM D 698).
Placement and compaction of fill should be observed and tested by a geotechnical engineer.
5.0 FOUNDATIONS
The overburden soils (clay, silt and sand) near anticipated foundation elevations could exhibit
high to very high collapse potential as discussed in Section 3.1. We recommend a deep
foundation such as drilled piers, helical piers (screw piles) or micropiles be used to support
structures. Deep foundations should extend to the underlying gravel and cobble soils and/or
bedrock. Bedrock was not encountered in the test holes presented in Figure 3 above to the
maximum explored depth of 28 feet. Gravels were encountered at depths of 23 to 25 feet. A
friction pile may be an acceptable alternative depending on assumed depth of wetting and
foundation loads. A design level investigation should be performed to provide lot-by-lot
recommendations.
6.0 PAVEMENT RECOMMENDATIONS
Traffic information for the design of the drives was not available at the time of this report. The
previous report assumed an EDLA of 20. We applied a growth factor for a 20-year design life
resulting in a design EDLA of 25. Twenty-year flexible pavement Equivalent Single Axle Loads
(ESAL) were calculated and used for thickness designs. Table 1 presents a summary of the
ESAL values used as pavement design inputs.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
8
Table 1 – Design Traffic Loading
Roadway Segment 20-Year Flexible
ESALs
Drives 2,760
6.1 Subgrade Strength Evaluation
Based on the results of the previous investigation, the subgrade materials below pavements as
classified as low plasticity sandy silt and clays with poor support value. A design R-value of 5
was selected based on our experience.
We recommend new fill material placed within the proposed roadway alignment below the
subbase meet a minimum R-value of 5. Aggregate base course (ABC) should meet CDOT
Class 6 specifications and have a minimum R-value of 78. The subbase should meet CDOT
Class 1 or 2 specifications and have a minimum R-value of 69.
6.2 Hot Mix Asphalt Pavement Design
A pavement section is a layered structure designed to disperse dynamic traffic loads to the
subgrade. The performance of the pavement structure depends on the traffic loadings and
physical properties of the subgrade materials. Recommended pavement design thickness
sections are summarized below.
HMA pavement design calculations were performed using the guidelines from the AASHTO
Design Manual. HMA pavement thicknesses presented are based on 20-Year ESAL loadings
and are presented in Table 2.
Table 2 – Recommended Pavement Sections
Pavement Type Design Life
(years) Pavement Section (inches)
HMA + ABC + Subbase 20
4” HMA
8” ABC (Class 6)
8” Subbase (Class 1)
Biaxial Geogrid
8” Subbase (Class 1)
12” Processed Onsite*
*Onsite soils processed to specifications in section 4.0.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
9
6.1 Pavement Subgrade Preparation
We recommend that the top 12 inches of the subgrade for the entire roadway width be
removed/scarified, moisture conditioned and recompacted. Reprocessing of the natural soils
provides a lower permeability layer to reduce moisture infiltration into the underlying collapsible
soils. We recommend that a separator geotextile be placed between the processed subgrade
and the Class 1 subbase. Testing of the onsite soils indicated susceptibility to
collapse/settlement. To reduce the potential for differential settlement due to collapsible soils,
we recommend a biaxial geogrid (e.g. Triax TX170) be placed in the center of the Class 1
subbase as indicated in Table 2. The subgrade and ABC should be compacted in accordance
with the requirements shown in Section 203.07 of the 2017 CDOT Standard Specifications.
6.2 Drainage Considerations
The collection and diversion of surface drainage away from paved areas is critical to the
satisfactory performance of the pavement. Proper drainage design should include prevention of
ponding of water on or immediately adjacent to pavement areas. Concentrated runoff should be
avoided in areas susceptible to erosion. Slopes and other stripped areas should be protected
against erosion by re-vegetation or other methods.
7.0 UTILITIES
Utilities will likely be installed within potentially collapsible overburden soils. Mitigation of
collapsible soils is not practical below utilities. For settlement sensitive utilities, the owner could
consider over-excavating the utility trenches and geosynthetically reinforcing the backfill
materials below the utility. The piping could also include restrained fused joints. The
geosynthetic (geogrid) material would likely distribute movements and provide more uniform
performance. Backfill above and below utilities should be placed in accordance with Section 4.0
above. The type of backfill should conform to manufacturer’s recommendations.
8.0 SURFACE DRAINAGE
Surface drainage is crucial to the performance of foundations, flatwork and slopes. We
recommend the ground surface surrounding the residences be sloped to drain away from the
structure. The backfill around foundations should be moisture conditioned and compacted. Roof
downspouts and drains should discharge beyond the limits of the backfill. Failure to follow these
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
10
recommendations could result in settlement of the subsoils resulting in foundation and/or slab-
on-grade movement.
Water infiltration into slopes can reduce slope stability. Concentrated surface runoff should not
be allowed to flow down slopes. Water should not be allowed to pond at the top of slopes.
Areas where ponding of water occurs could lead to significant settlement or the development of
sinkholes.
9.0 CONCRETE
Water-soluble sulfate testing was not performed. Based on our experience, concentrations in
this area are considered negligible/low (Class 0 exposure) degree of sulfate attack for concrete
exposed to these materials. The degree of attack is based on a range of 0.00 to less than 0.10
percent water-soluble sulfates as presented in the American Concrete Institute Guide to Durable
Concrete. Due to the negligible/low degree, we anticipate no special requirements for concrete
are necessary for this site. A lot-by-lot specific water-soluble sulfate concentration should be
performed.
10.0 LIMITATIONS
This study was conducted in accordance with generally accepted geotechnical engineering
practices in this area for use by the client for design purposes. The conclusions and
recommendations submitted in this report are based upon the data obtained from previous
reports, field reconnaissance and anticipated construction. The nature and extent of subsurface
variations across the site may not become evident until excavation is performed. If during
construction, conditions appear to be different from those described herein; this office should be
advised at once so reevaluation of the recommendations may be made.
The scope of services for this project did not include, specifically or by implication, any
environmental or biological (e.g., mold, fungi, and bacteria) assessment of the site or
identification or prevention of pollutants, hazardous materials or conditions or biological
conditions. If the owner is concerned about the potential for such contamination, conditions or
pollution, other studies should be undertaken.
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
11
The report was prepared in substantial accordance with the generally accepted standards of
practice for geotechnical engineering as exist in the site area at the time of our investigation.
No warranties, express or implied, are intended or made.
Respectfully Submitted:
RJ Engineering & Consulting, Inc.
Richard D. Johnson, P.E.
Principal
The Sages at Aspen Glen Project No. 24-019R-G1
Garfield County, Colorado
APPENDIX A
Test Hole/Drill Logs from Previous Investigations
Appendix E: Traffic Study
ASPEN GLEN - SAGES
TRAFFIC ANALYSIS
GARFIELD COUNTY, COLORADO
Prepared by
DAN COKLEY, PE, PTOE
LICENSE NO. 29799
8/29/24
SGM
SGM
Aspen Glen – Sages | Traffic Analysis August 2024
Traffic Analysis ii
TABLE OF CONTENTS
Aspen Glen – Sages | Traffic Analysis August 2024
Traffic Analysis iii
LIST OF TABLES
TABLE 1 – PROPOSED D EVELOPMENT LAND USE 3
TABLE 2 – DESIGN H OUR T RIP GENERATION RATE BY LAND U SE 5
TABLE 3 – DESIGN H OUR DISTRIBUTION BY LAND USE 5
TABLE 4 - LEVEL OF SERVICE (LOS) CRITERIA UNSIGNALIZED INTERSECTIONS 5
TABLE 5 - PROJECT TRIP GENERATION 6
TABLE 6 – PROJECT TRAFFIC DISTRIBUTION AND ASSIGNMENT 7
TABLE 7 – PROJECT DHV AND AP DHV % 8
TABLE 8 – CR 109 ADT SUMMARY 9
LIST OF FIGURES
Figure 1 – Vicinity Map 2
Figure 2 – Site Aerial 3
Figure 3 – Site Plan 4
Figure 4 – 2044 AM Trip Assignment 7
Figure 5 – 2044 PM Trip Assignment 7
Figure 6 – Sages Access – Entering Sight Distance 10
Figure 7 – Sages Access – Entering Sight Distance to Gate 10
LIST OF APPENDICES
APPENDIX A - SITE PLAN
APPENDIX B - T RIP GENERATION, D ISTRIBUTION, ASSIGNMENT WORKSHEET, CDOT ACCESS PERMIT
EVALUATION, COUNTY R OAD ADT
APPENDIX C - 2044 T OTAL TRAFFIC VOLUMES AND MODELING RESULTS
Aspen Glen – Sages | Traffic Analysis August 2024
1
Aspen Glen – Sages | Traffic Analysis August 2024
2
Aspen Glen – Sages | Traffic Analysis August 2024
3
2.1 Location
The development parcel is located on the west side of Aspen Glen, immediately north of
Bald Eagle Way and east of CR 109 adjacent to Aspen Glen’s rear gated entrance. The
development is bounded by the golf course on the east side and is located
• Approximately 3.7 miles south of the CR 154 and SH 82 intersection accessed by CR
109
• Approximately 4.2 miles north of the Carbondale Main Street and SH 133
intersection accessed by CR 109 to CR 108
• Approximately 1.5 miles west of the Diamond A Ranch Road and SH 82 intersection
accessed by Bald Eagle Way.
2.2 Project Description
The proposed Sages development is shown in a Site Aerial in Figure 2 and a Site Plan in
Figure 3, also in Appendix A. Based on the Site Plan from Z Group dated May 2024, the
proposed development of Sages will consist of residential lots comprised of the following
land use summarized in Table 1.
TABLE 1 – PROPOSED DEVELOPMENT LAND USE
Land Use Number Units
Single Family Attached 14 Units
Figure 2 – Site Aerial
Aspen Glen Golf #3
Bald Eagle Way
Sages at Aspen Glen
CR 109
Aspen Glen Reserve
Aspen Glen – Sages | Traffic Analysis August 2024
4
Figure 3 – Site Plan
Aspen Glen – Sages | Traffic Analysis August 2024
5
Table 2. Land use category of single-family attached (ITE 215) was used to determine the
per hour rate.
TABLE 2 – DESIGN HOUR TRIP G ENERATION RATE BY LAND USE
The design hour distributions for the corresponding land uses are as shown in Table 3. The
trip generation time period and calculation methods are also noted in the table.
TABLE 3 – DESIGN HOUR DISTRIBUTION BY LAND U SE
Trip Reductions
Multi-modal
Multi-modal trips could consist of walking, biking, car-pooling and transit options. The
development site does not provide a location that is convenient for all transportation modes.
A multi-modal trip reduction factor was not applied for this project. The project does have
access to a recreational trail located on the west side of CR 109.
3.1 Intersection Capacity Analysis
AM and PM level of service estimates were prepared in accordance with the Highway
Capacity Manual 6th Edition (Transportation Research Board, 2016).
For unsignalized intersections, the Highway Capacity Manual defines level of service and
delay in terms of seconds of stopped delay per vehicle, which is based on the number of
acceptable gaps in the conflicting traffic stream. In general, the traffic movements analyzed
are those controlled by stop signs or yield signs, and the left turn movements from the
uncontrolled major street. The following table represents the level of service criteria for
unsignalized intersections:
TABLE 4 - LEVEL OF SERVICE (LOS) CRITERIA UNSIGNALIZED INTERSECTIONS
Level of Service Delay (seconds)
A < 10.0
B 10.1 to 15
C 15.1 to 25
D 25.1 to 35
E 35.1 to 50
F > 50.0
Source: Highway Capacity Manual, 2016
The “overall” intersection level of service at a signalized or an unsignalized intersection
corresponds with the average delay experienced on the minor street approaches and the
uncontrolled major street movements. The unconflicted major street through movements are
considered to have no delay. Because most of the intersection movements are major street
Aspen Glen – Sages | Traffic Analysis August 2024
6
movements with no delay, the overall intersection results in a LOS with less delay than the
minor street approaches and conflicting major street movements (left turns) experience.
In general, CDOT and the County consider the overall intersection operation of LOS “D” or
better acceptable during the peak hours. The goal is to also provide a similar LOS for each
controlled intersection movement and/or approach.
Aspen Glen – Sages | Traffic Analysis August 2024
7
Glenwood Springs is the economic and population center of the valley, along with the
upvalley corridor to lesser extent. The directional distribution for the project is based on
experience with traffic patterns in the vicinity and is generally consistent with other recent
traffic studies in the nearby SH 82 corridor. The trip distribution and assignment used for the
analysis is shown in Table 6.
TABLE 6 – PROJECT TRAFFIC DISTRIBUTION AND ASSIGNMENT
Applying those directional distribution percentages results in the design hourly trip
assignment shown in Figure 4 and 5 below.
Figure 4 – 2044 AM Trip Assignment
Figure 5 – 2044 PM Trip Assignment
Aspen Glen – Sages | Traffic Analysis August 2024
8
A full calculation of directional distribution and trip assignment is provided in Appendix B.
5.2 Total Intersection Capacity Analysis
The 2044 Background traffic and project generated traffic volumes are added together for
the 2044 Total traffic volumes.
The Sages access at Bald Eagle Way will operate at an overall LOS A with little or no delay.
The SB egress (stop-controlled) approach movement also operates at LOS A with a delay of
approximately 7 seconds.
The Bald Eagle Way intersection with CR 109 operates at an overall LOS A with little or no
delay. The CR 109 SB left operates at LOS A, while the stop-controlled Bald Eagle Way WB
movement operates at LOS A with a delay of about 9.5 seconds. The change in controlled
approach delay is less than 0.5 seconds from the Baseline to the Total scenario. The change
in delay applies to both the AM and PM design hours.
In addition, the proposed Aspen Glen Reserve traffic volumes were added to the 2044 Total
volumes and analyzed. The addition of the Aspen Glen Reserve proposed traffic volumes to
the CR 109 and Bald Eagle Way intersection results in continued operation at overall LOS A.
With the WB Bald Eagle approach operating at LOS A and the EB “Reserve” approach
operating at LOS B. Both side street approaches have delays on the order of 10 seconds.
The 2044 Total traffic volumes and modeling results are provided in Appendix C.
5.3 State Highway Access Permit Evaluation
Based on the SHAC and Garfield County LUC, an access permit is required when a change
of greater than 20% occurs when accessing a state highway. This development will have
multiple routes to access the state highway corridor. This analysis reviews the access to SH
82 in two locations, the north spur of CR 154 and Diamond Ranch A Road. Locations not
reviewed are Main Street at SH 133 in Carbondale and CR 154 south spur at SH 82.
Buildout of Sages will result in the traffic volume increase at intersections as presented in
Table 7. Based on the proposed development plan, this project will not require a CDOT
access permit at either intersection as the volume increase is less than the 20% threshold.
TABLE 7 – PROJECT DHV AND AP DHV %
The 2019 ADT collected by the County are at the Hardwick Bridge and include Westbank
and Ironbridge traffic volumes. To account for those existing volumes, the total was reduced
by 50% to reflect estimated volume in the segment adjacent to Aspen Glen, that reduction is
consistent with the 2024 hourly traffic volumes. The reduced volume was then factored to
Aspen Glen – Sages | Traffic Analysis August 2024
9
2024 and 2044 using the Garfield County annual growth rate of 0.88%. The percentage
traffic increase on CR 109 is estimated at 7%.
The effect to CR 109 ADT volumes is tabulated in Table 8.
TABLE 8 – CR 109 ADT SUMMARY
The additional traffic loading on CR 109 from Sages is assumed to be 101 vpd. That volume,
added to the 2044 estimated ADT of 1,772 vpd, is a total 1,873 ADT, or roughly 25% of the
overall capacity (7200 vpd) of the existing roadway. The existing CR 109 roadway template
has adequate capacity to carry the proposed 2044 total traffic volumes.
Auxiliary Turn Lane Assessment
To analyze the need for auxiliary turn lanes at the Bald Eagle Way and CR 109 intersection,
CR 109 would be classified as an NR-C roadway by the CDOT Sate Highway Access Code
(SHAC). As such, the volume threshold for auxiliary turn lanes is > 25 vehicles per hour(vph)
for left turns and > 50 vph for right turns.
The existing SB left turning volumes (17 vph, AM) and NB right turning volume (11 vph, PM),
plus the project traffic increase for those movements shown in Figures 4 and 5 are below the
threshold to warrant auxiliary turn lanes on CR 109 at the intersection.
5.4 Project Access to Bald Eagle Way
The proposed access to the site shown in Figure 6 is located to provide adequate separation
between the golf cart path crossing Bald Eagle Way and the back gate and landscape
island.
Entering sight triangles were analyzed for the access location. The analysis conservatively
viewed the access as an uncontrolled intersection. Analysis was based upon guidance of
AASHTO, A Policy on Geometric Design of Highways and Streets, 2011, 6th Edition, (Ch 9,
Intersections) as well as AASHTO Guidelines for Geometric Design of Very Low-Volume
Local Roads (ADT<400). The Policy provides for guidance on decision point and
construction of the sight triangle, while the Very Low-Volume Local Roads provides
guidance for sight distance requirements (p 41-45, Exhibit 14).
Aspen Glen – Sages | Traffic Analysis August 2024
10
Figure 6 – Sages Access – Entering Sight Distance
The clear entering sight distance for vehicles entering the Bald Eagle Way was field verified
to be acceptable. In the direction of the back gate landscape island is shown below to have
adequate distance through the tree trunks. The sight triangle is constructed at the driver’s
eye height, 14.5 ft from edge of Bald Eagle Way, then 70 ft from the center of the egress
lane along the center of the travel lane in both directions. Preliminary design of the access
point to ensure any proposed roadside landscape plantings near the access are located
outside the sight triangle area. See Figure 6 and Figure 7.
Figure 7 – Sages Access – Entering Sight Distance to Gate
CR 109
Bald Eagle Way
Sages
Sages Access Sight
Triangles
Aspen Glen – Sages | Traffic Analysis August 2024
11
5.5 Diamond A Ranch Road – Signal Warrant Study
SGM prepared a Signal Warrant Study for Garfield County at the Diamond A Ranch Road
and SH 82 intersection, the Aspen Glen main entrance, dated January 24, 2019. The
conclusions of the Study are copied below.
Signal Warrants are NOT met for this intersection based upon high SH 82
volumes and a Diamond A Ranch Road volume that does not meet
warrant thresholds based upon a high speed (> 40mph) isolated (rural)
intersection.
The existing pedestrian crossing is utilized solely for a RFTA NB (down
valley) bus stop on the north side of SH 82. This crossing could be
underutilized compared to a signalized intersection. Pedestrian volumes
do not currently meet warrant thresholds.
Although both injury accidents and a fatal accident have occurred at the
intersection, the accident history warrant does not meet the requirement
of 5 accidents in the preceding 12 months. Although of 6 accidents in 5
years, 3 have occurred within the 9 months analyzed.
The subdivision was planned for 643 single-family residences, currently
there are approximately 100 unbuilt or unplatted lots. Based upon current
traffic volume rates, the addition of those units will most likely not change
the results of this study.
In the time since this Study, although additional units have been constructed, and
considering the addition of these lots, the conclusion remains that the traffic volumes of the
minor street (Diamond A Ranch Road) will not meet the warrant volumes for a signalized
intersection.
5.6 Road Impact Fee Calculation
Using the Garfield County Road Impact Fees (2017), an estimated road impact fee was
calculated for Sages using assumptions for the number of units and their size. The County’s
impact fee ranges from $726 to $2,703 per residential unit depending on the size of units.
Using 14 SF units at $2,703 (2,401 sf and greater), the road impact fee for Sages may be
approximately $37,842, depending on the size of units. It is anticipated that the road impact
fee will be collected at building permit and paid by the lot owner.
5.7 Construction Phasing and Traffic
The current phasing plan will consist of construction of the main north-south oriented
roadway that will access the proposed lots. No temporary access points will be created for
this project. The permanent access location will be the construction access. Staging and
storage of vehicles and materials will be on Sages property and out of all County rights-of-
way.
At this point in the planning process, construction traffic impacts can only be speculated. In
general, traffic generated by a residential site is typically greater at buildout than at any time
during the construction of the residential site. Although there will be some initial
mobilizations of heavy equipment and heavy daily loads for base, paving and concrete
construction, the contractor will be encouraged to carpool workers to and from the site to
minimize day-to-day construction traffic.
Aspen Glen – Sages | Traffic Analysis August 2024
12
Aspen Glen – Sages | Traffic Analysis August 2024
Traffic Impact Study Appendix A
Appendix A - Site Plan
SITE | Conceptual Site Landscape Plan
05.21.2024 Architectural Concept
Aspen Glen – Sages | Traffic Analysis August 2024
Traffic Impact Study Appendix B
Appendix B - Trip Generation, Distribution, Assignment Worksheet, CDOT
Access Permit Evaluation, County Road ADT
Aspen Glen - Sages
ITE Trip Generation, 11th Edition
Number ITE Weekday AM AM AM PM PM PM Weekday AM AM PM PM
Land Use of Units Code Rate Rate Entering Exiting Rate Entering Exiting Traffic IN OUT IN OUT
Single Family Attached 14 215 7.20 0.48 0.12 0.36 0.57 0.28 0.20 101 2 5 4 3
TOTAL TRIPS:101 2 5 4 3
AM IN AM OUT PM IN PM OUT
DHV
AM IN AM OUT PM IN PM OUT
SH 82
(ASPEN)30% 1 2 1 1 2
Single Family Attached 215 Avg Rate Peak Hour adjacent Street 25% 75% 59% 41%
CR 154
(GS)60% 1 3 2 2 4
CR 108
(CARB)10% 0 1 0 0 1
CR 109 Capacity
Access DHV Basis DHV 7200 ADT
ADT 2,876 1,489 7% 1,772 1,873 26%
SB CR 109 NB
Project AM 1 3
Egress WB Ingress EB
5 2
0 1
DHV 3 2 BEW EB
Reserve 5
1 1 BEW WB
0 0
1 0
SB CR 109 NB
SB CR 109 NB
Project PM 2 2
Egress WB Ingress EB
3 4
0 2
DHV 2 1 BEW EB
Reserve 5
0 1 BEW WB
0 0
0 0
SB CR 109 NB
Sages
Sages
Bald Eagle Way
Bald Eagle Way
2%
CDOT Access Permit Evaluation
Assumes 50% of 109 count
is from north of AG
(Westbank / Ironbridge)
CR 154
Diamond
A Ranch
2018
TMCs 101 2
CDOT AP
#316048 600 4 1%
%
Increase
Directional
Distribution Access Distribution and Assignment
Project
DHV
Design Hour Rates Weekday Design Hour Traffic
2023 @BEW
(factored)
2044
Background 2044 Total
2019
County @
Bridge
% CR 109
Increase
CR 109 Average Daily Traffic
Land Use Basis of
RateITE Code
Time Period Used
Above
Weekday Design Hour Distribution
Aspen Glen – Sages | Traffic Analysis August 2024
Traffic Impact Study Appendix C
Appendix C - 2044 Total traffic volumes and Modeling results
2024 AM PEAK HOUR VOLUMES
2024 PM PEAK HOUR VOLUMES
2044 AM PEAK HOUR VOLUMES
2044 PM PEAK HOUR VOLUMES
HCM 6th TWSC
3: CR 109 & Bald Eagle Way
07/09/2024
2024 AM 7:21 am 07/03/2024 Synchro 11 Report
Page 1
Intersection
Int Delay, s/veh 2
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
HCM 6th TWSC
3: CR 109 & Bald Eagle Way 07/09/2024
2024 PM 7:22 am 07/03/2024 Synchro 11 Report
Page 1
Intersection
Int Delay, s/veh 2.2
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
HCM 6th TWSC
3: CR 109 & Bald Eagle Way 07/09/2024
2044 AM 10:44 am 07/08/2024 Synchro 11 Report
Page 1
Intersection
Int Delay, s/veh 2
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
HCM 6th TWSC
3: CR 109 & Bald Eagle Way 07/09/2024
2044 PM 10:45 am 07/08/2024 Synchro 11 Report
Page 1
Intersection
Int Delay, s/veh 2
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Appendix F: Will-Serve Letters
Version March 3, 2022
WILL SERVE LETTER
May 13, 2025
Cary Glickstein
Ironwood Sages LLC
1118 Waterway Lane
Delray Beach, FL 33483
Re: THE SAGES AT ASPEN GLEN
Dear Sir,
This letter is to confirm that Xcel Energy is your utility provider for electric service. In accordance with our tariffs,
on file with and approved by the Colorado Public Utilities Commission, electric facilities can be made available to
serve the project at The Sages at Aspen Glen. The cost, and whether any reinforcements or extensions are required,
for the Company to provide those facilities will be determined by your designer upon receipt of application and
project plans.
Your utility service(s) will be provided after the following steps are completed:
• Application submitted to Xcel Energy’s “Builders Call Line (BCL)” – once your application is
accepted you will be assigned a design department representative who will be your primary point of contact
• U tility design is completed – you must provide your design representative with the site plan, the one -
line diagrams, and panel schedules for electric and gas loads if applicable
• All documents provided by design representative are signed and returned
• P ayment is received (Residential Service Laterals if applicable)
• Required easements are granted - you must sign and return applicable easement documents to your
Right-of-Way agent
• S ite is ready for utility construction - the site ready information can be found on our website at may be
viewed at Construction and Inspection | Xcel Energy.
An estimated scheduled in-service date will be provided once these requirements have been met. It is important to
keep in mind that the terms and conditions of utility service, per our tariffs, require that you provide adequate
space and an easement on your property for all gas and electric facilities required to serve your project, including
but not limited to gas and electrical lines and meters, transformers, and pedestals. General guidelines for
requirements can be found on our website at xcelenergy.com/InstallAndConnect.
Xcel Energy looks forward to working with you on your project and if I can be of further assistance, please contact
me at the phone number or email listed below.
Sincerely,
Samantha Wakefield
Xcel Energy Planner
Mailing address: Public Service Company of Colorado
1995 Howard Ave
Rifle, CO 81650
Exhibit 11 | Draft Party Wall Agreement (Example)
The Sages at Aspen Glen – Example Party Wall Agreement
Page 1
PARTY WALL AGREEMENT
This PARTY WALL AGREEMENT ("Agreement") is made this___, day of
_____, 202_, by _______, (the "Owner A") and by _________, (the "Owner B")
WHEREAS, Owners are the owners in fee simple of the following real property
located in Garfield County, Colorado, described as: Lot ___, and Lot ____, of The Sages at
Aspen Glen, located in Garfield County, Colorado ("Subject Properties")
WHEREAS, Owners each own one unit in a duplex building located on the Subject
Properties one (1) building consisting of two separate townhome units, herein referred to as
Unit A and Unit B, which units are separated by a common wall; and
WHEREAS, these units shall be known collectively as the Lot 34 Duplex
(hereinafter "Duplex"); and
WHEREAS, the Owners wish to provide for separate ownership of the lots upon
which each unit is located and to create easements relating to each lot, certain shared
property, the Party Wall (placed equally divided by the common boundary separating the
units), the footings underlying such Party Wall and the roof over such Party Wall.
NOW, THEREFORE, in consideration of these premises, the sufficiency of which is
hereby acknowledged, the Owners hereby make, publish and declare the following easements
and restrictions which shall hereafter run with the Subject Properties and shall be binding upon
and inure to the benefit of each Owner and their respective successors and assigns, forever.
1. Party Wall Declaration. The said Party Wall dividing Unit A and Unit B is
hereby declared to be a Party Wall and shall be constructed as a Party Wall
between said units under the laws of the State of Colorado except as specifically
provided herein.
2. Party Wall Easement. Mutual reciprocal easements are hereby established and
granted for the Party Wall between Unit A and Unit B, which reciprocal
easement shall be for mutual support, and shall be governed by this Agreement.
Every deed, whether expressly so stating, shall be deemed to convey and be
subject to such reciprocal easement. Neither owner of either Unit shall alter, or
change said Party Wall in any manner, interior decoration excepted, and said
Party Wall shall remain in the same physical location as originally constructed.
3. General Law-Party Walls. Party Walls. The wall that is built as part of the
original construction of the duplex on the Subject Properties and placed on the
dividing line between the Lots/Units shall constitute a Party Wall. To the extent
not inconsistent with the provisions of this Agreement, the general rules of law
regarding Party Walls and liability for property damage due to negligence or
willful acts or omissions shall apply.
The Sages at Aspen Glen – Example Party Wall Agreement
Page 2
4. Repair and Maintenance of Party Wall. The cost of repair, replacement and
maintenance of the Party Wall shall be borne equally by both Owners of the
Units. Both Unit Owners shall be responsible for all costs of repairs. The
wallboard located on the interior of the separate Units that covers the Party Wall
shall be maintained, repaired and owned solely by that Unit Owner.
5. Damage to Party Wall. In the event of damage or destruction of said Party
Wall from any cause, other than negligence of an Owner, the then owners shall,
at joint expense as outlined in Paragraph 4, repair or rebuild the wall, and each
Owner, and their successors and assigns, shall have the right to the full use of
said wall so repaired or rebuilt. If either Owner's negligence shall cause damage
to or the destruction of said wall, the negligent party shall be solely responsible
for all costs to repair or restore such wall. In the case of negligence of one
Owner, the other Owner may have such damage or destruction repaired or
restored and shall be entitled to have a statutory mechanic's lien or other
appropriate lien on the Unit of the owner at fault and failing to pay, for the
amount of repair or replacement costs, interest accruing from the date of
completion of repair or reconstruction at the rate of twelve percent (12%) per
annum, plus costs and attorneys' fees.
6. Drilling Through Party Wall. Either Owner shall have the right to break
through the Party Wall for the purpose of repairing and restoring sewage, water,
electrical and other utilities, should any of these be installed therein, subject to
the obligation to restore said wall to its previous structural condition at that
Owner’s sole expense and the payment to the adjoining Owner for any damage
proximately caused thereby.
7. Roof and Exterior of Duplex. Maintenance and repair of the roofs of the
Duplex shall be undertaken with the unanimous consent of both Owners of the
Units and at the proportional expense of both Owners which shall be determined
by reference to an Owner's portion of the finished square footage of the Duplex
building to that of the finished square footage of the entire Duplex building.
While each Owner of a Unit shall be responsible for the cost of work for the
maintenance and upkeep of the exterior of their Unit, neither Owner shall
refinish or alter the exterior of their Unit in any way with regard to changing the
material, color, texture, style, or finish other than as unanimously agreed to by
both Owners or otherwise allowed for in this Agreement. If the Owners cannot
unanimously agree, then such alteration must match the existing materials,
colors, textures, style and finish of the entire Duplex.
8. Decks. Each Unit Owner may install decks on the exterior of their Unit at their
sole expense.
9. Insurance. Each Unit Owner shall obtain and maintain at all times liability
insurance and insurance against loss or damage by fire and such other hazard as
The Sages at Aspen Glen – Example Party Wall Agreement
Page 3
is generally covered in the area under standard extended coverage provisions for
at least the full insurable replacement cost of the improvements on their Lot.
Proof of such insurance shall be supplied by each Unit Owner upon the
reasonable request of the other Unit Owner. The insurance shall provide that it
cannot be cancelled by either the insured or the insurance company until written
notice has been sent to the owner. Each Owner may obtain whatever additional
insurance they so desire. Each Owner may, at any time, one year after the most
recent appraisal, demand from the other Owner an appraisal of the subject
property for insurance purposes or may have such appraisal made. In case of
any such appraisal, the parties in each building shall share the cost thereof
equally.
10. Utilities. A mutual easement is hereby granted over and across the Subject
Properties, including improvements thereon, for the location, installation,
maintenance, repair, and removal of utility systems and related infrastructure,
including but not limited to gas, water, sewer, electricity, telephone, internet,
and television services. Such easement includes the right of ingress and egress,
and all areas disturbed shall be restored by the party performing the work, at
their sole expense, to substantially the same condition as existed prior to the
work.
11. Common Fences. Any fences located along the common boundary between Lots
shall be maintained by the owners in accordance with the terms set forth in
Paragraph 4, above.
12. Covenants Running with the Land. The easements and restrictions hereby
created are and shall be perpetual and construed as covenants running with the land
and each and every person accepting a deed for any portion of the Subject
Properties shall be deemed to have accepted the same with the understanding that
they are bound hereby. The undersigned, in executing and delivering deeds to the
described Subject Properties, shall provide by reference, in said conveyances, that
the same are subject to the terms, conditions, reservations, restrictions and
covenants herein contained, and may designate the Book, Page and Reception
number of the Garfield County, Colorado real estate records in which this
instrument is recorded.
13. Amendments. This Agreement may be amended or revoked only by instrument in
writing duly executed and acknowledged by the Owners of the Subject Properties
and all holders of record of first mortgages or first deeds of trust thereon, and upon
the recording of such amending instrument in the real property records of Garfield
County, Colorado.
14. Severability. If any provision of this Agreement or any provision, section,
sentence, clause, phrase or word, or the application thereof is determined to be
invalid or unenforceable, it shall not affect the validity or enforceability of any other
provision, section, sentence, clause, phrase or word.
The Sages at Aspen Glen – Example Party Wall Agreement
Page 4
15. Fixtures and Equipment. Each Unit shall have its own separate fixtures, utility
hookups and equipment, including but not limited to electrical fixtures, plumbing
fixtures, doorways, windows, gas mains and meters, water meter, electrical meter,
sewer service line and furnace. Each Unit Owner shall be responsible for the repair
and maintenance of such fixtures and equipment for their Unit.
16. Attorney’s Fees. Should any Owner be required to take action to enforce, by legal
proceedings or otherwise, any condition, restriction, covenant or other right or
obligation imposed pursuant to this Agreement, the prevailing party, as determined
by the Court, shall be entitled to recover costs and reasonable attorneys' fees.
IN WITNESS WHEREOF, the undersigned have executed this instrument this ____day
of ______ 202_.
Owner A:
By: ______________________________
_____________________
Acknowledgment for Owner A:
STATE OF COLORADO )
) ss.
COUNTY OF _________________ )
The foregoing document was acknowledged before me this _______ day of
____________, 202_ by ________.
Witness my hand and official seal.
My commission expires: _____________________________
NOTARY PUBLIC
The Sages at Aspen Glen – Example Party Wall Agreement
Page 5
Owner B:
By: ______________________________
_____________________
Acknowledgment for Owner B:
STATE OF COLORADO )
) ss.
COUNTY OF _________________ )
The foregoing document was acknowledged before me this _______ day of
____________, 202_ by ________.
Witness my hand and official seal.
My commission expires: _____________________________
NOTARY PUBLIC
Exhibit 12 | Draft Sages at Aspen Glen HOA Bylaws
BYLAWS
AND RESPONSIBLE GOVERNANCE POLICIES OF
THE SAGES AT ASPEN GLEN ASSOCIATION
ARTICLE I
OFFICES
The Sages at Aspen Glen Association (“Association”) is a Colorado nonprofit
corporation, with its principal office located at_______________________. The mailing
address of the
Association is _____________________________. The Association may also have other
offices and may carry on its purposes at such other places within and outside the State of
Colorado as the Board may from time to time determine.
ARTICLE II
DEFINITIONS AND ASSENT
2.01. Definitions. The definitions in the Declaration for The Sages at Aspen Glen
(“Declaration”), as amended from time to time and recorded in the office of the Clerk and
Recorder of Garfield County, Colorado, shall apply to these Bylaws, and all defined
terms used in the Bylaws shall have the same meaning as defined terms used in the
Declaration, or the Colorado Common Interest Ownership Act as set forth in Colorado
Revised Statutes, Section 38-33.3-101 et. seq., as amended from time to time.
2.02. Assent. All present or future owners, their families, present or future tenants, and
their guests and invitees, and any other person using the facilities of The Sages at Aspen
Glen in any manner are subject to these Bylaws, the Articles of Incorporation for the
Association, the Declaration, and any procedures, rules, or policies adopted under such
documents by the Association. The acquisition or rental of any lot or unit or the
occupancy of one of the units shall constitute ratification and acceptance of these Bylaws.
ARTICLE III
MEMBERSHIP, DECLARANT, ASSOCIATION GENERAL POWERS
3.01. Membership. There shall be one Membership in the Association for each lot and
condominium unit. The person or persons who constitute the owner of a lot or
condominium unit shall automatically be the holder of the Membership appurtenant to the
lot or unit, and shall collectively be the Member of the Association with respect to that lot
or unit, and the Membership appurtenant to the lot or unit shall automatically pass with
fee simple title to the lot or unit. Membership in the Association shall not be assignable
separate and apart from fee simple title to a lot or unit, and may not otherwise be
separated from ownership of a lot or unit.
3.02 Period of Declarant Control. The Declarant shall control the Association until sixty
(60) days after conveyance of seventy five percent (75%) of the lots and condominium
units that may be created to lot and condominium unit owners other than Declarant; or
two (2) years after the last conveyance of a lot or condominium unit by the Declarant in
the ordinary course of business; or two (2) years after any right to add new lots or
condominium units was last exercised by Declarant.
3.03 Declarant’s Right to Appoint and Remove Directors and Officers. The Declarant
shall have and hereby reserves the power to appoint and remove, in its sole discretion, the
members of the Board of Directors and the officers of the Association during the period
of Declarant control. This right is subject to and limited by section 6.03. At any time
prior to the termination of the period of Declarant control, the Declarant may voluntarily
surrender and relinquish the right to appoint and remove officers and members of the
Board.
3.04 Association’s General Powers. The Association has been formed as a Colorado
nonprofit corporation under the Colorado Revised Nonprofit Corporation Act to manage
the affairs of The Sages at Aspen Glen. The Association shall serve as the governing
body for the protection, improvement, alteration, maintenance, repair, replacement,
administration and operation of the common areas/common elements, the levying and
collection of Assessments and other expenses and such other matters as may be provided
in these Bylaws, the Delcaration and the Articles of Incorporation. The Association shall
have all of the powers, authority and duties as may be necessary and appropriate for the
management of the business and affairs of the The Sages at Aspen Glen, including
without limitation all of the powers, authority and duties provided for in the Colorado
Common Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act.
ARTICLE IV
MEETINGS OF MEMBERS - NOTICE, QUORUMS, PROXIES, VOTING
4.01 Annual Meetings. The Annual Meeting shall be held once every fiscal year on a
date and time as specified by the Board of Directors. The President shall preside over all
meetings and is responsible for running the meeting according to agenda.
4.02 Special Meetings. Special Meetings of the Members may be called at any time by
the President or by a majority of the Board or upon written request of Members who are
entitled to vote twenty percent (20%) of all the votes of the Association.
4.03 Time Restrictions on Speakers. The President or other person presiding over the
meeting may place the reasonable time restriction of five (5) minutes on those persons
speaking during the meeting but shall permit a Member or an Member’s designated
representative to speak before the Board takes formal action on an item under discussion.
4.04 Secret Ballot. At the discretion of the Board or upon the request of twenty
percent (20%) of the Members present at the meeting or represented by proxy, a vote on
any matter affecting the Association on which all other owners are entitled to vote shall
be by a secret ballot. Ballots shall be counted by a neutral third party or by a committee
of volunteers. Such volunteers shall be Members who are selected or appointed at an
open meeting, in fair manner, by the chair of the Board or another person presiding
during that portion of the meeting. The volunteers shall not be Board members and, in the
case of a contested election for a Board position, shall not be candidates.
4.05 Notice of Meetings. Written notice of each meeting of the Members shall be given
by, or at the direction of, the Secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such
meeting to each Member entitled to vote, addressed to the Member’s mailing address.
Such notice shall specify the place, day and hour of the meeting and the items on the
agenda. In the case of a special meeting, the purpose of the meeting shall be specified.
For the purpose of issuing such notices, the Board may establish a record date for
determination of membership in accordance with the laws of Colorado.
4.06 Waiver of Notice. Written waiver of notice signed by a Member or attendance at a
meeting by a Member shall constitute a waiver of notice of such meeting, except where
attendance is for the express purpose of objecting to the failure to receive such notice or
to defects in the notice.
4.07 Quorum. The presence at the meeting of Members entitled to cast, or of Members
holding proxies and entitled to cast, fifty (50%) of the votes of Members shall constitute a
quorum for any action. If, however, such quorum is not present or represented at any
meeting, the Members entitled to vote shall have to adjourn the meeting, from time to
time, without notice other than announcement at the meeting until a quorum shall be
present or be represented.
4.08 Proxies. At all meetings of Members, each Member may vote in person or by proxy.
All proxies shall be in writing and filed with the Secretary at least twenty-four (24) hours
prior to the commencement of the meeting of Members at which such proxy is sought to
be utilized. Every proxy shall be revocable and shall automatically cease upon
conveyance by the Member of his lot or unit, and shall also cease upon attendance in
person by the Member who previously gave a proxy. No proxy shall be valid after the
expiration of eleven (11) months from the date of its execution unless otherwise
specifically provided in the proxy. A proxy shall not be valid if obtained through fraud or
misrepresentation. If a lot or unit has multiple owners and more than one of the multiple
owners are present to vote, the votes allocated to that lot or unit may be cast only in
accordance with the agreement of a majority in interest of the owners. There is a majority
agreement if any one of the multiple owners casts the votes allocated to that unit without
protest being made promptly to the person presiding over the meeting by any of the other
owners of the lot or unit.
4.09 Right to Revoke. The Association is entitled to reject a vote, consent, written ballot,
waiver, proxy appointment or proxy appointment revocation if the Secretary or other
officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for
doubt about the validity of signature on it or about the signatory’s authority to sign for the
owner. The Association and it officer or agent who accepts or rejects a vote, consent,
written ballot, waiver, proxy appointment or proxy appointment revocation in good faith
and in accordance with the standards of this section are not liable in damages for the
consequences of the acceptance or rejection.
4.10 Voting Rights of Members. Each lot and condominium unit shall be entitled to one
(1) vote (i.e. one vote per Member/owner). If title to a lot or unit is owned by more than
one person, such persons shall collectively vote their interest in a single vote. If only one
of the multiple owners is present at a meeting, such owner is entitled to cast the vote
allocated to that lot or unit. If more than one of the multiple owners is present, the vote
allocated to that lot or unit may be cast only in accordance with the agreement of a
majority in interest of the owners.
4.11 Majority Vote. At any meeting of Members at which a quorum is present, the
affirmative vote of Members representing one (1) vote more than fifty percent (50%) of
the votes present in person or by proxy and entitled to be voted shall be the act of the
Members.
4.12 Order of Business. The order of business at all meetings of Members shall be as
follows:
(a) Roll call;
(b) Statement of compliance with procedures for notice of meeting or waiver of
notice;
(c) Reading of minutes;
(d) Reports of officers;
(e) Reports of committees;
(f) Election of Directors (annual meetings only);
(g) Unfinished business;
(h) New business; and
(i) Adjournment.
ARTICLE V
MEETINGS OF DIRECTORS - NOTICE, QUORUMS, PROXIES, VOTING
5.01 Initial Board Meeting. There shall be a meeting of the Board of Directors
immediately following the Annual Meeting of the Members of the Association if all
elected Directors are present at the meeting, but not longer than two (2) weeks following
the Annual Meeting.
5.02 Regular Meetings. Regular meetings of the Board of Directors shall be held from
time to time, as the Board of Directors, by vote, may determine with written notice to the
general membership and at such place and hour as may be fixed, from time to time, by
resolution of the Board.
5.03 Special Meetings. Special meetings of the Board shall be held when called by the
President of the Association, or by any two (2) Directors, after not less than seventy-two
(72) hours notice to each Director.
5.04 Open Meetings. Notwithstanding any provision in the Declaration or other
documents to the contrary, all meetings (regular and special) of the Association and
Board of Directors is open to every owner of the Association, or to any person
designated by a Member in writing as the Member’s representative. Before the Board
votes on an issue under discussion, owners or their designated representatives shall be
permitted to speak regarding that issue.
5.05 Meetings by Telephone. The Directors may hold special meetings via a telephone
conference call, and any action taken by the Board at such a telephone conference call
meeting shall have the same force and effect as such action taken at a meeting at which a
quorum of the Board was physically present. Any actions taken will be included in the
minutes of the next meeting.
5.06 Action Taken Without a Meeting. The Directors shall have the right to take any
action in the absence of a meeting, which they could take at a meeting by obtaining the
written approval of all the Directors. Any action so approved shall have the same effect
as though taken at a meeting of the Directors. Any actions taken will be included in the
minutes of the next meeting.
5.07 Quorum. The presence, in person or by proxy, at all meetings of the Board entitled
to cast fifty percent (50%) of the votes shall constitute a quorum. If, however, such
quorum shall not be present or represented at any meeting, the Director entitled to vote
shall have to adjourn the meeting, from time to time, without notice other than
announcement at the meeting, until a quorum shall be present or represented.
5.08 Waiver of Notice. Before, at, or after any meeting of the Board of Directors, any
Director may waive, in writing, notice of such meeting and such waiver shall be deemed
equivalent to the giving and receipt of such notice. Attendance by a Director at any
meeting of the Board shall be a waiver of notice by him, except when a Director attends
the meeting for the express purpose of objecting to the transaction of business because
the meeting was not lawfully called or convened.
5.09 Executive/Closed Door Meetings. The Board may hold an executive or closed door
session and may restrict attendance to Board members and such other persons requested
by the Board. The matters to be discussed at such an executive session shall include only
matters enumerated below:
(a) matters pertaining to employees of the Association or the managing
agent’s contract or involving the employment, promotion, discipline or
dismissal of an officer, agent or employee of the Association;
(b) consultation with legal counsel concerning disputes that are the subject of
pending or imminent court proceedings or matters that are privileged or
confidential between attorney and client;
(c) investigative proceedings concerning possible or actual criminal
misconduct;
(d) matters subject to specific constitutional, statutory, or judicially imposed
requirements protecting particular proceedings or matters from public
disclosure;
(e) any matter the disclosure of which would constitute an unwarranted
invasion of individual privacy;
(f) review of or discussion relating to any written or oral communication from
legal counsel.
5.10 Attorney-Client Privilege. Upon the final resolution of any matter for which
the Board received legal advice or that concerned pending or contemplated litigation, the
Board may elect to preserve the attorney-client privilege in any appropriate matter, or it
may elect to disclose such information, as it deems appropriate, about such matter in an
open meeting.
5.11 Conflict of Interest. If any contract, decision, or other action taken by or on behalf of
the Board of Directors would financially benefit any member of the Board of Directors or
any person who is a parent, grandparent, spouse, child or sibling of a member of the
Board of Directors or a parent or spouse of any of those persons, that member of the
Board of Directors shall declare a conflict of interest for that issue.
5.12 Duty to Disclose. The Director has a duty to disclose the existence of any actual or
potential conflict of interest and all material facts relating to the actual or potential
conflict in an open meeting prior to any discussion or action on that issue. After making
such disclosure, the Director may participate in the discussion but shall not vote on that
issue.
ARTICLE VI
BOARD OF DIRECTORS
6.01. Number of Board of Directors. The affairs of this Association shall be managed by
a Board of not less than three (3) nor more than five (5) Directors who shall be Members
of the Association. The number of the Board of Directors shall be established from time
to time by amendment to these Bylaws.
6.02 Initial Board of Directors. The initial number of the Board of Directors shall be three
(3) and the Declarant shall select the three initial Board of Directors during the period of
Declarant control. After conveyance of twenty five percent (25%) of the lot and units that
may be created to owners other than the Declarant, at least one Member and not less than
twenty five percent (25%) of the Board of Directors must be elected by owners other than
Declarant. After conveyance of fifty percent (50%) of the lot and units that may be
created to owners other than the Declarant, not less than thirty three and one third percent
(33.33%) of the Board of Directors must be elected by owners other than Declarant.
6.03 Term of Office of Directors. The term of office for the initial Directors shall be
fixed at the time of their appointment as they themselves shall determine in order to
establish a system of three (3) year terms in which at least one-third (1/3) of the Board of
Directors is elected each year, and the Board shall identify in which year the directorships
for each category of representation are subject to election. For example, if the number of
Directors on the initial Board is set at three (3) pursuant to Section 6.02 above, one (1)
Director shall serve for a one (1) year term, one (1) Director shall serve for a two (2) year
term, and one (1) Director shall serve for a three (3) year term. At the expiration of the
initial term of office of each respective Director, a successor shall be elected to serve
three (3) years. Each Director shall hold office until such Director’s successor is elected
by the Association and qualified. Any Director elected by the Members shall serve for the
remainder of the term of the Director replaced.
6.04 Removal of Directors & Vacancies. Directors may be removed and vacancies on the
Board may be filled as follows:
(a) By the Members. Any Director may be removed, with or without cause, at
any regular or special meeting of the Members by a vote of sixty seven percent
(67%) of votes of all persons present and entitled to vote. A successor to any
Director removed may be elected at such meeting to fill the vacancy created by
removal of the Director. A Director whose removal is proposed by the Members
shall be given notice of the proposed removal at least ten (10) days prior to the
date of such meeting and shall be given an opportunity to be heard at such
meeting.
(b) By the Board. Any Director who has three (3) consecutive unexcused
absences from Board of Directors meetings or who is delinquent in the payment
of any Assessment for more than thirty (30) days may be removed by a majority
vote of the Directors present at a regular or special meeting at which a quorum is
present, and a successor may be appointed by the Board. In the event of the death,
disability, resignation or removal by the Board, as set forth in this subsection (b),
of a Director, a vacancy may be declared by the Board, and the Board may
appoint a successor. Any successor appointed by the Board shall serve for the
remainder of the term of the Director replaced.
6.05 Powers and Duties. The Board of Directors shall have the powers and duties
necessary for the administration of the affairs of the Association and for the operation and
maintenance of The Sages at Aspen Glen. The Board of Directors shall have all of the
powers, authority and duties granted or delegated to it by the Declaration, the Articles,
these Bylaws and the Colorado Common Interest Ownership Act.
6.06 Manager. The Board of Directors may employ for the Association a Manager (at a
compensation established by the Board of Directors) to perform such duties and services
as it shall authorize. The Board of Directors may delegate, by resolution, any of the
powers and duties granted to it but, notwithstanding such delegation, shall not be relieved
of its responsibility under the Declaration, the Articles or these Bylaws.
ARTICLE VII
OFFICERS
7.01. General. The officers of the Association shall be a President, one or more Vice
Presidents, a Secretary, and a Treasurer. The officers shall be appointed by an affirmative
vote of a majority of the members of the Board. The Board may appoint such other
officers, assistant officers, committees and agents, including Assistant Secretaries and
Assistant Treasurers, as they may consider necessary or advisable, who shall be chosen in
such manner and hold their offices for such terms and have such authority and duties as
from time to time may be determined by the Board. One (1) person may hold two (2)
offices, except that no person may simultaneously hold the offices of President and
Secretary. In all cases where the duties of any officer, agent or employee are not
prescribed by the Bylaws or by the Board, such officer, agent or employee shall follow
the orders and instructions of the President.
7.02. Removal of Officers. Upon an affirmative vote of a majority of the members of the
Board, any officer may be removed, either with or without cause, and his successor
elected at any regular meeting of the Board, or at any special meeting of the Board called
for such purpose.
7.03. Vacancies. A vacancy in any office, however occurring, may be filled by an
affirmative vote of a majority of members of the Board for the unexpired portion of the
term.
7.04. President. The President shall be the chief executive officer of the Association. He
shall preside at all meetings of the Association and of the Board. He shall have the
general and active control of the affairs and business of the Association and general
supervision of its officers, agents and employees.
7.05. Vice President. The Vice President shall assist the President and shall perform
such duties as may be assigned to them by the President or by the Board. In the absence
of the President, the Vice President designated by the Board or (if there be no such
designation) designated in writing by the President shall have the powers and perform the
duties of the President. If no such designation shall be made the Vice President may
exercise such powers and perform such duties.
7.06. Secretary. The Secretary shall keep the minutes of the proceedings of the
Members, executive committee (if any) and the Board. He shall see that all notices are
duly given in accordance with the provisions of these Bylaws, the Declaration and as
required by law. He shall be custodian of the corporate records and of the seal of the
Association and affix the seal to all documents when authorized by the Board. He shall
keep at its registered office or principal place of business within or outside Colorado a
record containing the names and registered addresses of all Members, the designation of
the lot or unit owned by each Member, and, if such lot or unit is mortgaged, the name and
address of each mortgagee. He shall, in general, perform all duties incident to the office
of Secretary and such other duties as from time to time may be assigned to him by the
President or by the Board. Assistant Secretaries, if any, shall have the same duties and
powers, subject to supervision by the Secretary.
7.07. Treasurer. The Treasurer shall be the principal financial officer of the Association
and shall have the care and custody of all funds, securities, evidences of indebtedness and
other personal property of the Association and shall deposit the same in accordance with
the instructions of the Board. He shall receive and give receipts and acquittances for
monies paid in on account of the Association, and shall pay out of the funds on hand all
bills, payrolls and other just debts of the Association of whatever nature upon maturity.
He shall perform all other duties incident to the office of the Treasurer and, upon request
of the Board, shall make such reports to it as may be required at any time. He shall, if
required by the Board, give the Association a bond in such sums and with such sureties as
shall be satisfactory to the Board, conditioned upon the faithful performance of this duties
and for the restoration to the Association of all books, papers, vouchers, money and other
property of whatever kind in his possession or under his control belonging to the
Association. He shall have such other powers and perform such other duties as may be
from time to time prescribed by the Board or the President. The Assistant Treasurers, if
any, shall have the same powers and duties, subject to the supervision of the Treasurer.
ARTICLE VIII
INDEMNIFICATION
8.01. Definitions. For purposes of this Article VIII, the following terms shall have the
meanings set forth below:
(a) Proceeding. Any threatened, pending or completed action, suit or proceeding,
whether civil, criminal, administrative or investigative and whether formal or
informal;
(b) Indemnified Party. Any person who is or was a party or is threatened to
be made a party to any Proceeding by reason of the fact that he is or was a
director or officer of the Association or, while a Director or officer of the
Association, is or was serving at the request of the Association as a Director,
officer, partner, trustee, employee or agent of another corporation, partnership,
joint venture, trust or other enterprise including, without limitation, any employee
benefit plan of the Association for which any such person is or was serving as a
trustee, plan administrator or other fiduciary.
8.02. Indemnification. The Association shall indemnify any Indemnified Party in any
Proceeding to the fullest extent permitted by law.
8.03. Insurance. By action of the Board, notwithstanding any interest of the Directors in
such action, the Association may purchase and maintain insurance, in such amounts as
the Board may deem appropriate, on behalf of any Indemnified Party against any liability
asserted against him and incurred by him in his capacity of or arising out of his status as
an Indemnified Party, whether or not the Association would have the power to indemnify
him against such liability under applicable provisions of laws.
8.04. Right to Impose Conditions to Indemnification. The Association shall have the
right to impose, as conditions to any indemnification provided or permitted in this Article
VIII, such reasonable requirements and conditions as to the Board may appear
appropriate in each specific case and circumstances including, without limitation, any one
or more of the following;
(a) that any counsel representing the person to be indemnified in connection with
the defense or settlement of any Proceeding shall be counsel mutually agreeable
to the person to be indemnified and to the Association;
(b) that the Association shall have the right, at its option, to assume and
control the defense or settlement of any claim or proceeding made, initiated or
threatened against the person to be indemnified; and
(c) that the Association shall be subrogated, to the extent of any payments made
by way of indemnification, to all of the indemnified person’s right of recovery,
and that the person to be indemnified shall execute all writings and do everything
necessary to assure such rights of subrogation to the Association.
ARTICLE IX
AMENDMENT OF BYLAWS
9.01. Amendment by the Members. These Bylaws may be amended by the affirmative
vote of at least seventy-five percent (75%) of the Members at any regular or special
meeting, provided that a quorum is present at any such meeting. However,
notwithstanding the foregoing, no provisions of these Bylaws may be amended by a
number of Members which is less than the number of Members that is required within
that particular provision to take certain action. Amendments may be proposed by the
Board of Directors or by petition signed by the holders of at least a majority of the votes.
A statement of any proposed amendment shall accompany the notice of any regular or
special meeting at which such proposed amendment will be voted upon.
9.02. Amendment by the Board. These Bylaws may be amended by the unanimous vote
of the entire Board at any regular or special meeting, provided that a quorum is present at
such meeting. A statement of any proposed amendment shall accompany the notice of
any regular or special Board meeting at which such proposed amendment will be voted
upon.
9.03. Scope of Amendments. These Bylaws may not be amended in a manner
inconsistent with the Articles, the Declaration, or any applicable provision of Colorado
law.
ARTICLE X
CORPORATE SEAL
The Board of Directors shall provide a suitable corporate seal containing the name of the
Association, which seal shall be in the custody and control of the Secretary. The
corporate seal shall be circular and shall have inscribed thereon the name of the
Association and the word “Colorado” in the circle and the word “Seal” in the middle. If
and when so directed by the Board of Directors, a duplicate seal may be kept and used by
such officer or other person as the Board of Directors may name.
ARTICLE XI
ANNUAL BUDGET AND AUDIT
11.01 Annual Budget. The Board of Directors shall prepare or cause to be prepared an
annual operating budget. Within thirty (30) days after the adoption of any proposed
budget for the Association, the Board of Directors shall mail, by ordinary first-class mail,
or otherwise deliver, a summary of the budget to all lot and condominium unit owners
and shall set a date for a meeting of the lot and condominium unit owners to consider
ratification of the budget not less than fourteen (14) nor more than sixty (60) days after
the mailing or other delivery of the summary. Unless at that meeting sixty seven percent
(67%) of all lot and condominium unit owners reject the budget, the budget shall be
ratified, whether or not a quorum of owners is present. In the event the proposed budget
is rejected, the budget last ratified by the lot and condominium unit owners shall be
continued until such time as the lot and condominium unit owners ratify a subsequent
budget proposed by the Board of Directors.
11.02 Audit. The books and records of the Association may be subject to an audit at the
discretion of the Board. An audit will be required if one third (1/3) of the Members
request an audit. The audit will be conducted pursuant to generally accepted auditing
standards by an independent and qualified person selected by the Board. The person
selected for the audit shall be a certified public accountant.
ARTICLE XII
ACCOUNTING RECORDS
The Association shall maintain accurate and complete accounting records in accordance
with generally accepted accounting principles.
ARTICLE XIII
COLLECTION OF UNPAID ASSESSMENTS
All homeowners are obligated to pay Assessments as established by the Board.
13.01 Due Date. Regular Assessments shall be due and payable on the first day of each
calendar quarter.
13.02 Notice/Invoice. The Board shall mail to each owner at least ten (10) days prior to
the due date a written notice/invoice of the amount of the next quarterly Regular
Assessment that is due from each owner.
13.03 Delinquent Assessments. Any Assessment is deemed delinquent if not paid within
fifteen (15) days of the due date.
13.04 Interest. Any Assessment deemed delinquent shall bear interest from and after the
due date at the rate of interest set by the Board in accordance with section _________of
the Declaration.
13.05 Late Fee. Any Assessment deemed delinquent shall also incur a late fee of $25.00.
13.06 Statement of Unpaid Assessments. Upon written request, the Association shall
furnish a Statement of Unpaid Assessments in accordance with section ________ of the
Declaration.
13.07 Collection. In addition to the remedies provided for in section ________ in the
Declaration, delinquent Assessments may be referred to an attorney and/or collection
agency for collection. The delinquent owner will be liable for all collection costs,
including attorney’s fees.
ARTICLE XIV
ENFORCEMENT OF COVENANTS AND RULES
14.01 Complaints. The Board will investigate all violations of covenants and rules that
are reported to the Board in writing or by phone within thirty (30) days. Complaints that,
in the opinion of the Board, lack sufficient information or detail may be deemed to not
warrant further investigation.
14.02 Notification of Owners. If the investigation shows the reported violation to be
accurate, the Board shall give written notice of the violation to the owner by mail, setting
forth the nature of the violation or breach and the specific action or actions which shall be
taken by the owner to remedy such violation or breach. The notice shall give the owner
fifteen (15) days to cure the violation, submit a plan to remedy the violation, or request a
hearing with the Board. Alternatively, the owner may request an appeals hearing with the
Board at the next regularly scheduled Board meeting to appeal the notice of the violation.
The Board’s decision on the appeal is final.
14.03 Fines. If the owner does not cure the violation, submit a plan to remedy the
violation, request an appeals hearing, or if the Board determines that a violation or breach
exists after a hearing, the Board may levy a fine of $50 per occurrence per day against the
property owner who has violated or breached the covenant or rule. Once fines have
started, owners must request a hearing with the Board in writing for the fines to cease. If
the violation or breach is not cured within thirty (30) days after the initial fine is assessed,
the Board may take legal action against the owner.
14.04 Collection Provisions. All fines, costs and expenses, including attorney’s fees,
necessary to enforce this policy shall be an Assessment against the owner’s property and
subject to all lien and collection powers of the Association.
14.05 Unresolved Violations. After the expiration of sixty (60) days following notice of a
violation in which no hearing is requested or alternatively after an appeals meeting, the
Board may:
(a) suspend the rights or privileges of the owner relating to use of any
common area and/or common elements within the Association and
suspend the voting rights of the owner;
(b) pursue all rights of action available at law or in equity including, but not
limited to, the remedy of injunctive relief and obtaining a monetary
judgment for all costs, expenses, including attorney’s fees, and damages;
(c) reserve the right to waive or increase fines or penalties based on the
severity of the violation and circumstances;
(d) enter at all reasonable times upon any lot or unit to which a violation,
breach, or other condition to be remedied exists, and take the actions
specified in the notice to the owner to abate, extinguish, remove or repair
such violation, breach or other condition which may exist. Such entry or
action, or both, shall not be deemed to be a trespass or wrongful act. All
costs and expenses, including attorney’s fees, incurred by the Association
or on its behalf in enforcing such violation, shall be a binding personal
obligation of such owner enforceable at law, as well as a lien, on such
owner’s lot or unit.
ARTICLE XV
INSPECTION AND COPYING OF RECORDS
15.01 Association Records to be Kept. The Association shall keep a copy of the
following records at its principal office:
(a) Articles of Incorporation;
(b) Bylaws;
(c) Declaration;
(d) resolutions adopted by the Board;
(e) minutes of all Member and Director meetings for the past three (3) years;
(f) all written communications within the past three (3) years to owners;
(g) name and address of each owner;
(h) name and address of each director and/or officer;
(i) annual financial statements;
(j) current insurance policies;
(k) all financial audits and reviews conducted within the past three (3) years;
(l) current annual budget;
(m) a list, by lot or unit owner, of the Association’s current and delinquent
Assessments.
15.02 Inspection and Copying of Association Records. Owners are entitled to inspect and
copy, at the owner’s expense, any records listed above during regular business hours to
the extent that:
(a) the request is made in good faith and for a proper purpose;
(b) the request describes with reasonable particularity the records sought and
the purpose of the request; and
(c) the records are relevant to the request.
The owner must make a written request to the Association Secretary at least
five (5) days before the date on which the owner wishes to inspect and copy
such records.
ARTICLE XVI
INVESTMENT OF RESERVE FUNDS
Reserve funds shall be invested in such amounts as may be determined and authorized by
the Board. The Board may delegate its investment authority.
16.01 Standard of Conduct. Investment of reserve funds shall be done in good faith,
within the best interests of the Association and with the care of an ordinarily prudent
person in a like position would exercise under similar circumstances
16.02 Authorized Investments. Authorized investments are U.S. Treasury Bills and
Notes, Money Market Funds and Certificates of Deposits. Derivative securities and
mortgage backed securities are not authorized investments.
16.03 Investment Objectives.
(a) Safety of Principal: The long-term goal is safety of the reserve funds and to
promote and ensure the preservation of the reserve fund’s principal.
(b) Liquidity: Funds shall be sufficiently liquid to meet anticipated or
unanticipated expenditures. Liquidity can be achieved by structuring
maturities to ensure the availability of assets when needed.
(c) Minimal Costs: Investment cots should be minimized.
(d) Professional Management: The Board may delegate its investment
authority to professional managers.
(e) Return: Funds should be invested to seek the highest level of return
consistent with the preservation of principal.
ARTICLE XVII
ADOPTION AND AMENDMENT OF POLICIES, PROCEURES AND RULES
17.01 Board Determination of Need for Rules. The Board may determine the need to
adopt or amend certain rules, regulations, policies and/or procedures (“Rule”) as it deems
necessary, desirable or appropriate with respect to the interpretation and implementation
of the governing documents of the Association, the operation of the Association, the use
and enjoyment of common areas and/or common elements or for any other purpose.
17.02 Notice and Opportunity to Comment. The Board shall place the proposed Rule on
its meeting agenda prior to the next open meeting. Written notice of the agenda and the
proposed rule shall be mailed to the Members of the Association at least ten (10) days
prior to the open meeting. The Board shall allow an opportunity for the Members to
comment on the proposed Rule.
17.03 Adoption of Rule. Rules shall be effective only upon adoption by resolution at an
open meeting of the Board following Board discussion and Member comment. The Board
shall then provide written notice of the Rule adoption to its Members within fifteen (15)
days after adoption.
17.04 Emergency. The Board may waive notice and opportunity to comment in the event
the Board determines, in its sole discretion, an emergency Rule needs to be immediately
adopted.
ARTICLE XVIII
RESOLVING DISPUTES BETWEEN ASSOCIATION AND OWNERS
In the event of any dispute between the Association and an owner, for which a method,
policy or procedure to address such dispute is not provided by the Declaration or Bylaws
of the Association, the owner and Association shall first submit the matter to mediation.
The parties will jointly appoint an acceptable mediator and will share equally in the cost
of such mediation. The mediation, unless otherwise agreed, shall terminate in the event
the entire dispute is not resolved within sixty (60) calendar days of the date written notice
requesting mediation is sent by one party to the other party.
ARTICLE XIX
CONFLICTS BETWEEN DOCUMENTS
In the event of any conflict or inconsistency between any provision of these Bylaws and
the Declaration, the provisions of the Declaration shall govern and control and these
Bylaws shall be amended to the extent necessary to conform to the Declaration.
ADOPTED By an affirmative vote of the Members of the Sages at Aspen Glen
Association
at the initial meeting of Members dated _______________________.
ATTEST: ________________________________
Secretary
Exhibit 13 | Draft Sages at Aspen Glen Declaration of Covenants
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS OF
THE SAGES AT ASPEN GLEN
DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF THE SAGES AT ASPEN GLEN
THIS DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS of The Sages at Aspen Glen (the
“Declaration”) is made as of __________ ___, 2025, by Cary Glickstein on behalf
of Ironwood AG-Sages, LLC (the “Declarant”).
RECITALS
A. Declarant is owner of that certain real property located in Garfield
County, Colorado, more particularly described on the attached Exhibit A (the
“Property”).
B. Declarant desires to create on the Property a project pursuant to the
Colorado Common Interest Ownership Act as set forth in Colorado Revised Statute
38-33.3-101, et. seq. (the “Act”), the name of which is The Sages at Aspen Glen.
ARTICLE 1
DECLARATION AND SUBMISSION
1.1 Declaration. Declarant hereby declares that the Property shall be
held, sold and conveyed subject to the following covenants, conditions, restrictions
and easements which are for the purpose of protecting the value and desirability of
the Property, and which shall run with the land and be binding on all parties and
heirs, successors, and assigns of parties having any right, title, or interest in all or
any part of the Property. Additionally, Declarant hereby submits the Property to
the provisions of the Act.
1.2 Master Declaration. The Property is subject to the Master
Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded in
the Office of the Clerk and Recorder of Garfield County, Colorado on April 6,
1995, in Book 936 at Page 350, as amended (the “Master Declaration”). The
association (hereafter defined) shall constitute a Subassociation as defined in the
Master Declaration.
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ARTICLE 2
DEFINITIONS
The following words when used in this Declaration or any Supplemental
Declaration, unless inconsistent with the context of this Declaration, shall have the
following meanings:
(a) “Allocated Interests” means the undivided interests in the
Common Area, the Common Expenses, and the votes in the Association. The
Allocated Interests for each Lot have been allocated so that each Lot’s share shall
be computed with the numerator being one (1) and the denominator being the total
number of Residential Lots created and existing at any one time.
(b) “Annual Assessment” means the Assessment levied annually.
(c) “Articles” mean the Articles of Incorporation for The Sages at
Aspen Glen Homeowners Association, as amended from time to time.
(d) “Assessments” mean the Annual, Special, and Default
Assessments levied pursuant to Article 10 below. Assessments are also referred to
as a Common Expense Liability as defined under the Act.
(e) “Association” means The Sages at Aspen Glen Homeowners
Association, a Colorado nonprofit corporation, and its successors and assigns
(f) “Association Documents” means this Declaration, the Articles
of Incorporation, and the Bylaws of the Association, and any procedures, rules,
regulations, or policies adopted under such documents by the Association.
(g) “Board of Directors” means the governing body of the
Association elected to perform the obligations of the Association relative to the
operation, maintenance, and management of the Property and all improvements on
the Property.
(h) “Bylaws” mean the Bylaws adopted by the Association, as
amended from time to time.
(i) “Common Expenses” means (i ) all expenses expressly
declared to be common expenses by this Declaration or the Bylaws of the
Association, (ii) insurance premiums for the insurance carried under Article 8, and
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(iii) all expenses lawfully determined to be common expenses by the Board of
Directors of the Association.
(j) “Declarant” means Cary Glickstein, and his successors and
assigns.
(k) “Declaration” means and refers to this Declaration of
Covenants, Conditions, Restrictions and Easements of The Sages at Aspen Glen.
(l) “Default Assessment” means the Assessments levied by the
Association pursuant to 10.7 below.
(m) “First Mortgage” means any Mortgage which is not subject to
any lien or encumbrance except liens for taxes or other liens which are given
priority by statute and liens for assessments pursuant to the Master Declaration.
(n) “First Mortagee” means any person named as a mortgagee or
beneficiary in any First Mortgage, or any successor to the interest of any such
person under such First Mortgage.
(o) “Common Area” or “General Common Area” shall mean
those Common Areas reserved for use by all the Owners by virtue of not being
Lots. The General Common Area shall include all tangible physical properties of
this Property including, but not limited to, the land described in Exhibit A. Unless
the context otherwise clearly requires, Common Area shall include “Association
Property,” which shall mean all real and personal property, other than a Residential
Lot, owned or leased by the Association for the use, enjoyment or benefit of the
Owners or other occupants of the Property or any part hereof;
(p) “Duplex Lot” those Lots identified as Lots ____ on the Final
Plat which may be further subdivided in two Duplex Lots each.
(q) “Lot” means any plot of land labeled as any one of Lots S1
through S10 or Duplex Lot created by further subdivision of the Duplex Lots
subject to this Declaration and designated as a “Lot” on any subdivision plat of the
Property recorded by Declarant in the office of the Clerk and Recorder of Garfield
County, Colorado.
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(r) “Manager” shall mean a person or entity engaged by the
Association to perform certain duties, powers, or functions of the Association, as
the Board of Directors may authorize from time to time.
(s) “Master Association” means The Homeowners Association at
Aspen Glen, a Colorado nonprofit corporation, and its successors and assigns.
(t) “Master Declaration” means the Master Declaration of
Covenants, Conditions and Restrictions for Aspen Glen recorded in the Office of
the Clerk and Recorder of Garfield County, Colorado on April 6, 1995, in Book
936 at Page 350.
(u) “Member” shall mean every person or entity that holds
membership in the Association.
(v) “Mortgage” shall mean any mortgage, deed of trust, or other
document pledging any Lot or interest therein as security for payment of a debt or
obligation.
(w) “Mortgagee” means any person named as a mortgagee or
beneficiary in any Mortgage, or any successor to the interest of any such person
under such Mortgage.
(x) “Owner” means the owner of record, whether one or more
persons or entities, of fee simple title to any Lot, and “Owner” also includes the
purchaser under a contract for deed covering a Lot with a current right of
possession and interest in the Residential Unit, but excludes those having such
interest in a Lot merely as security for the performance of an obligation, including
a Mortgagee, unless and until such person has acquired fee simple title to the Lot
pursuant to foreclosure or other proceedings.
(y) “Plat” means the subdivision plat of The Sages at Aspen Glen
recorded _____________, 2025, as Reception No. ___________ in the records of
the Clerk and Recorder of Garfield County, Colorado and all supplements and
amendments thereto.
(z) “Property” means and refers to that certain real property
described on Exhibit A attached to this Declaration.
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(aa) “Sharing Ratio” means the percentage allocation of
Assessments to which an Owner’s Lot or Lot is subject as set forth in Exhibit C
attached hereto and made a part hereof.
(bb) “Special Assessment” means an assessment levied pursuant to
Section 10.6 below on an irregular basis.
(cc) “Successor Declarant” means any party or entity to whom
Declarant assigns any or all of its rights, obligations, or interest as Declarant, as
evidenced by an assignment or deed of record executed by both Declarant and the
transferee or assignee and recorded in the Office of the Clerk and Recorder of
Garfield County, Colorado, designating such party as a Successor Declarant. Upon
such recording, Declarant’s rights and obligations under this Declaration shall
cease and terminate to the extent provided in such document.
(dd) “The Sages at Aspen Glen” shall mean the residential
development project created by this Declaration, consisting of the Property, the
Lots and Residential Units, and any other improvements constructed on the
Property and as shown on the Plat.
Each capitalized term not otherwise defined in this Declaration or in
the Plat shall have the same meanings specified or used in the Act.
ARTICLE 3
NAME, DIVISION INTO RESIDENTIAL UNITS
3.1 Name. The name of the project is The Sages at Aspen Glen. The
project is a Planned Community pursuant to the Act.
3.2 Association. The name of the Association is The Association of The
Sages at Aspen Glen. Declarant has caused to be incorporated under the laws of
the State of Colorado the Association as a nonprofit corporation with the purpose
of exercising the functions as herein set forth.
3.3 Number of Lots and Residential Units. The number of Lots is 14
and the number of Residential Units of the project is thirteen (14).
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3.4 Identification of Residential Units. The identification number of
each Lot shall be shown on the separate Supplemental Final Plats as filed.
3.5 Division of Property Into Residential Units and Allocation of
Interests. The Property shall, upon the filing of separate Supplemental Final Plats
indicating individual Townhome Lots, be divided into fee simple estates, each such
estate consisting of the separately designated Residential Units as shown on the
Plat, as may be supplemented or amended from time to time. The Allocated
Interest in and to the General Common Area appurtenant to each Unit and in the
Common Expenses shall be a fractional interest with the numerator being one (1)
and the denominator being the total number of Residential Units depicted on the
Plat and all supplements and amendments thereto. Each Lot shall be allocated one
(1) vote in the Association.
In the event any Lot or Property is added to the Project, pursuant to reserved
Declarant development rights, the resulting Allocated Interest of the Residential
Unit(s) in the Common Areas, Common Expenses, and votes in the Association
shall be adjusted so that each Lot has an identical fractional interest with the
numerator being one and the denominator being the total number of Units created
and shown on the Plat as may be supplemented and amended from time to time.
3.6. Ownership of Common Area . Such undivided fee interests shall
not be amended without the prior written consent of all Owners having a fee
ownership in the Common Area.
3.7 Non-Partitionability of General Common Area. The General
Common Area shall be owned in common by all of the Owners of the Residential
Units and shall remain undivided, and no Owner shall bring any action for partition
or division of the General Common Area .
3.8 The Use of Common Area . Each Owner may use the Common
Area in accordance with the purpose for which they are intended, without
hindering or encroaching upon the lawful rights of the other Owners, subject to
such reasonable rules and regulations as may, from time to time, be established
pursuant to the Bylaws of the Association.
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3.9 Description of Lots.
(a) Each Lot, the appurtenant undivided interest in the General
Common Area, , shall together comprise one (1) Lot, shall be inseparable and may
be leased, devised or encumbered only as a Lot.
(b) Title to a Lot may be held individually or in any form of
concurrent ownership recognized in Colorado. In case of any such concurrent
ownership, each co-owner shall be jointly and severally liable for performance and
observance of all the duties and responsibilities of an Owner with respect to the
Lot in which he owns an interest. For all purposes herein, there shall be deemed to
be only one (1) Owner for each Lot. The parties, if more than one, having the
ownership of a Lot shall agree among themselves how to share the rights and
obligations of such ownership, but all such parties shall be jointly and severally
liable for performance and observance of all the duties and obligations of an
Owner hereunder with respect to the Lot in which they own an interest.
(c) Any contract of sale, deed, lease, mortgage, will or other
instrument affecting a Lot may describe it by its Lot number, The Sages at Aspen
Glen, County of Garfield, State of Colorado, according to the Plat thereof recorded
____________, 2025 as Reception No. ____________, and any recorded
amendment and supplement thereto, and this Declaration, which will be recorded
in the records of the Clerk and Recorder of Garfield County, Colorado, and any
recorded amendment and supplement hereto.
(d) Each Lot and the undivided interest in the General Common
Area appurtenant thereto shall be considered a separate parcel of real property and
shall be separately assessed and taxed.
(e) Each Lot shall be used and occupied solely for dwelling or
lodging purposes. All of the above stated uses and occupancies shall be only as
permitted by and subject to the appropriate and applicable governmental zoning
and use ordinances, rules and regulations from time to time in effect.
Notwithstanding the foregoing, Declarant, for itself and its successors and assigns,
hereby retains a right to maintain any Lot or Units as sales offices, management
offices or model residences so long as Declarant, or its successor or assigns,
continues to be an Owner of a Residential Unit. The use by Declarant of any Lot
as a model residence, office or other use shall not affect the Lot’s designation on
the Plat as a separate Lot.
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(f) An Owner shall have the right to lease his Lot upon such terms
and conditions as the Owner may deem advisable; provided, however, that (i) any
such lease shall be in writing and shall provide that the lease is subject to the terms
of this Declaration, (ii) a Lot may be leased only for the uses provided
hereinabove, and (iii) any failure of a lessee to comply with the terms of this
Declaration, Articles of Incorporation, Bylaws or rules of the Association shall be
a default under the lease enforceable by the Association.
ARTICLE 4
MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS
4.1 The Association. Every Owner of a Lot shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from
ownership of any Residential Unit.
4.2 Transfer of Membership. An Owner shall not transfer, pledge, or
alienate his membership in the Association in any way, except upon the sale or
encumbrance of his Lot or Lot and then only to the purchaser or Mortgagee of his
Lot.
4.3 Membership. The Association shall have one (1) class of
membership consisting of all Owners including the Declarant so long as Declarant
continues to own an interest in a Residential Unit. Except as otherwise provided
for in this Declaration, each Member shall be entitled to vote in Association
matters pursuant to this Declaration on the basis of one (1) vote for each Lot
owned. When more than one (1) person holds an interest in any Residential Unit,
all such persons shall be Members. The vote for such Lot shall be exercised by
one (1) person or an alternative person (who may be a tenant of the Owners)
appointed by proxy in accordance with the Bylaws. In the absence of a proxy, the
vote allocated to the Lot shall be suspended in the event more than one (1) person
or entity seeks to exercise the right to vote on any one (1) matter. Any Owner of a
Lot which is leased may assign his voting right to the tenant, provided that a copy
of a proxy appointing the tenant is furnished to the Secretary of the Association
prior to any meeting in which the tenant exercises the voting right. In no event
shall more than one (1) vote be cast with respect to any one (1) Lot.
4.4 Declarant Control. Notwithstanding anything to the contrary
provided for herein or in the Bylaws, Declarant shall be entitled to appoint and
remove the members of the Association’s Board of Directors and officers of the
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Association to the fullest extent permitted under the Act. The specific restrictions
and procedures governing the exercise of Declarant’s right to so appoint and
remove Directors and officers shall be set out in the Bylaws of the Association.
Declarant may voluntarily relinquish such power evidenced by a notice executed
by Declarant and recorded in the office of the Clerk and Recorder for Garfield
County, Colorado, but in such event, Declarant may at its option require that
specified actions of the Association or the Board of Directors as described in the
recorded notice, during the period Declarant would otherwise be entitled to appoint
and remove directors and officers, be approved by Declarant before they become
effective.
4.5 Compliance with Association Documents. Each Owner shall abide
by and benefit from each provision, covenant, condition, restriction and easement
contained in the Association Documents. The obligations, burdens, and benefits of
membership in the Association concern the land and shall be covenants running
with each Owner’s Lot for the benefit of all other Residential Units and for the
benefit of Declarant’s adjacent properties.
4.6 Books and Records. The Association shall make available to
Owners and to Mortgagees for inspection, upon request, during normal business
hours or under other reasonable circumstances, current copies of the Association
Documents and the books, records, and financial statements of the Association
prepared pursuant to the Bylaws. The Association may charge a reasonable fee for
copying such materials. The Association shall maintain such books and records as
may be required under the Act.
4.7 Manager. The Association may employ or contract for the services
of a Manager to whom the Board of Directors may delegate certain powers,
functions, or duties of the Association, as provided in the Bylaws of the
Association. The Manager shall not have the authority to make expenditures
except upon prior approval and direction by the Board of Directors. The Board of
Directors shall not be liable for any omission or improper exercise by a Manager of
any duty, power, or function so delegated by written instrument executed by or on
behalf of the Board of Directors.
4.8 Implied Rights and Obligations. The Association may exercise any
right or privilege expressly granted to the Association in the Association
Documents, and every other right or privilege reasonably implied from the
existence of any right or privilege given to the Association under the Association
Documents or reasonably necessary to effect any such right or privilege. The
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Association shall perform all the duties and obligations expressly imposed upon it
by the Association Documents, and every other duty or obligation implied by the
express provisions of the Association Documents or necessary to reasonably
satisfy any such duty or obligation.
ARTICLE 5
POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION
The Board of Directors shall have power to take the following actions:
(1) Suspend the voting rights of a Member during any period in
which such Member is in default on payment of any Assessment levied by the
Association, as provided in Section 10.7; and
(2) Exercise for the Association all powers, duties, and authority
vested in or delegated to the Association and not reserved to the Members or
Declarant by other provisions of this Declaration or the Articles or Bylaws of the
Association or as provided by law.
ARTICLE 6
MECHANIC’S LIENS
If any Owner shall cause any material to be furnished to his Lot or any labor
to be performed therein or thereon, no Owner of any other Lot shall under any
circumstances be liable for the payment of any expense incurred or for the value of
any work done or material furnished. All such work shall be at the expense of the
Owner causing it to be done, and such Owner shall be solely responsible to
contractors, laborers, materialmen and other persons furnishing labor or materials
to his Lot.
ARTICLE 7
PROPERTY RIGHTS OF OWNERS AND RESERVATIONS BY
DECLARANT
7.1 Recorded Easements. The Property shall be subject to all easements
as shown on any recorded plat affecting the Property and to any other easements
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and licenses of record or of use as of the date of recordation of this Declaration. In
addition, the Property is subject to those easements set forth in this Article 7.
7.2 Other Easements.
(a) Easement for Benefit of Owners. All of the Owners of Lots
shall have a nonexclusive right in common with all the other Owners to use of
sidewalks, pathways, roads and streets located within the entire Property, if any.
This easement is subject to the following rights of the Association:
(i) The right to reasonably limit the number of guests (not
including lessees or members of the Owner’s or lessee’s family residing on a lot ).
(ii) The right to establish uniform rules as to the use of any
facilities on the Property, including without limitation the right to establish and
enforce parking restrictions.
(ii) The right to suspend the right of an Owner, his lessees
and their families or guests to the benefit or use of any facilities on the Property for
any period of time during which any assessment against a Lot remains unpaid and
delinquent and also for a period of time not exceeding thirty (30) days for any
single infraction of the rules of the Association.
(b) The Declarant under the Master Declaration and the officers,
agents, employees and independent contractors of the Master Association shall
have a nonexclusive easement to enter upon the Property for the purpose of
performing or satisfying their respective obligations as set forth in the Master
Declaration, Master Association bylaws and rules and regulations.
7.3 General Maintenance Easement. An easement is hereby reserved to
Declarant, and granted to the Association, and any member of the Board of
Directors or the Manager, and their respective officers, agents, employees, and
assigns, upon, across, over, in, and under the Property and a right to make such use
of the Property as may be necessary or appropriate to make emergency repairs, to
perform the duties and functions which the Association is obligated or permitted to
perform pursuant to the Association Documents, or to exercise its rights under
Article 8 below, including the right to enter upon any Lot for the purpose of
performing maintenance, including but not limited to work involving drainage,
irrigation and other water features, as set forth in Article 8 below.
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7.4 Association as Attorney-in-Fact. Each Owner, by his acceptance of
a deed or other conveyance vesting in him an interest in a Residential Unit, does
irrevocably constitute and appoint the Association and/or Declarant with full
power of substitution as the Owner’s name, place and stead to deal with Owner’s
interest in order to effectuate the rights reserved by Declarant or granted to the
Association, as applicable, with full power, right and authorization to execute and
deliver any instrument affecting the interest of the Owner and to take any other
action which the Association or Declarant may consider necessary or advisable to
give effect to the provision of this Section and this Declaration generally. If
requested to do so by the Association or Declarant, each Owner shall execute and
deliver a written, acknowledged instrument confirming such appointment.
7.5 Emergency Access Easement. A general easement is hereby granted
to all police, sheriff, fire protection, ambulance, and other similar emergency
agencies or persons to enter upon the Property in the proper performance of their
duties.
7.6 Model Unit Reservation. Declarant reserves for itself and for any
Successor Declarant or assign the right to construct and maintain a model home or
duplex unit for the purpose of sales efforts upon any Lot in the Project.
ARTICLE 8
MAINTENANCE, LANDSCAPING AND SPECIAL EASEMENT
8.1 Maintenance. In order to maintain a uniform appearance and a high
standard of maintenance within The Sages at Aspen Glen, the Association shall
maintain:
(a) General Common Area , The Association shall have the sole
discretion to determine the time and manner in which maintenance shall be
performed.
(b) Drainage, Irrigation and Other Water Features contained
within the Property and General Common Area ; provided, however, that the
Association’s right to the use of the water and water rights contained in any such
drainage, irrigation or other Water Features shall be subject to that certain License
Agreement Regarding Certain Irrigation Water Rights between the Declarant and
the Master Association, and provided further that in the event the Declarant or its
successors are ever compelled to make use of such water and water rights the
Association’s obligations to maintain the same shall be abated for the period of
time the Declarant or its successors are so using such water and water rights; and
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(c) Association’s Right to Create Rules on Owner’s
Maintenance Area. The Association shall have the right to promulgate
reasonable rules and regulations regarding the maintenance by the Owner of the
landscaping and lawn care of each Lot..
8.2 Special Easement. The Association and the Board of Directors and
their respective representatives are hereby granted a nonexclusive easement to
enter the Lots as may be necessary or appropriate to perform the duties and
functions which they may be obligated or permitted to perform pursuant to this
Article 8.
8.3 Maintenance Contract. The Association or Board of Directors may
employ or contract for the services of an individual or maintenance company to
perform certain delegated powers, functions, or duties of the Association to
maintain the Common Area . The employed individual or maintenance company
shall have the authority to make expenditures upon prior approval and direction of
the Board of Directors. The Board of Directors shall not be liable for any omission
or improper exercise by the employed individual or management company of any
duty, power, or function so delegated by written instrument executed by or on
behalf of the Board of Directors.
8.4 Maintenance Responsibilities of Owners. Each Owner is
responsible for providing all maintenance upon their Lot at their own expense.
Such responsibility shall include, without limitation, maintenance of the entire
buildings on a Lot and the Lot. The Association shall have the right and power to
prohibit storage or other activities deemed unsafe, unsightly, unreasonably noisy or
otherwise offensive to the senses and perceptible from another Lot.
8.5 Additions, Alterations, and Improvements. Subject to the
reservation of rights of Declarant hereof, no improvement to the Property (other
than for maintenance) which results in a Common Expense shall be constructed
except with the prior approval of the members of the Association having at least
sixty-seven percent (67%) of the total number of votes outstanding and entitled to
be cast at a membership meeting as provided in the Bylaws. Dissenting Owners
shall not be relieved of their obligation to pay their proportionate share of any
Common Expenses. An individual Owner shall do no alterations, additions, or
improvements (for his individual benefit or for the benefit of his Lot) to the
General Common Area or the Limited Common Area without prior written
approval of the Board of Directors. No Owner shall decorate or fence any of the
15
Lot area without the prior written approval of the Board of Directors. Utilities
shall not be disturbed or relocated by an Owner without the written consent and
approval of the Board. All repairs, alterations or remodels are coupled with the
obligation to replace materials removed with similar or better quality materials.
An Owner shall do no act nor any work that will or may impair any easement
without the written consent of the Board of Directors, after first proving to the
satisfaction of the Executive Board that such structural soundness or integrity will
be maintained during and after any such act or work shall be done or performed.
Any expense to the Board of Directors for investigation under this paragraph shall
be borne by the Owner. However, nothing herein contained shall be construed to
permit structural modification, and any decision relating thereto shall be in the
absolute discretion of the Board of Directors, including, but not limited to, the
engagement of a structural engineer at the Owner’s expense for the purpose of
obtaining an opinion. The Board of Directors may also require, as a condition of
approval, the posting of security for the completion of any approved alterations,
and costs attendant thereto with respect to recording and effecting the approval.
Further, any augmentation or increase in the landscaping of the landscaped garden
areas shall include a plan for the maintenance thereof. Such approved additional
landscaping shall be maintained at the sole cost and expense of the Owner whose
Lot is affected in accordance with the approved plan of maintenance.
8.6 Owner’s Failure to Maintain or Repair. In the event that
landscaping upon any Lot are not maintained properly, then the Association, after
notice to the Owner and with the approval of the Board of Directors, shall have the
right to enter upon the Lot to perform such work as is reasonably required to
restore the landscaping thereon to a condition of good order. All costs incurred by
the Association in connection with the restoration shall be reimbursed to the
Association by the Owner of the Lot upon demand. All unreimbursed costs shall
be a lien upon the Lot until reimbursement is made. The lien may be enforced in
the same manner as a lien for an unpaid Assessment levied in accordance with
Article 10 of this Declaration.
In the event that any property, whether pertaining to a Lot (as
described in Paragraph 8.5 hereof) or to Common Area located anywhere within
the Sages at Aspen Glen are not properly maintained or are damaged or destroyed
by an event of casualty and neither the Owner thereof or the Association takes
reasonable measures to diligently pursue the repair and reconstruction of the
damage or destruction, then the Master Association, after notice to the Owner, if
applicable, and to the Association, shall have the right to enter the affected
property and perform such work as is reasonably required to restore the property
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and any improvement thereon to a condition of good order and repair. All costs
incurred by the Master Association in connection with the restoration shall be
reimbursed to the Master Association by the Owners of the affected Lot, or by the
Association upon demand. All unreimbursed costs shall be a lien upon the affected
Lot or Units and the property of the Association until reimbursement is made. This
lien may be enforced in the same manner as a lien for an unpaid Assessment levied
in accordance with Article 10 of this Declaration.
ARTICLE 9
INSURANCE AND FIDELITY BONDS
9.1 General Insurance Provisions. The Association shall maintain, to
the extent reasonably available, such insurance as the Board of Directors considers
appropriate, including insurance on Common Areas
9.2 Cancellation. If the insurance described in Section 9.1 is not
reasonably available, or if any policy of such insurance is canceled or not renewed
without a replacement policy therefor having been obtained, the Association
promptly shall cause notice of that fact to be hand delivered or sent prepaid by
United States mail to all Owners.
9.3 Policy Provisions. Insurance policies carried pursuant to Section 9.1
must provide that:
(a) Each Owner is an insured person under the policy with respect to
liability arising out of such Owner’s membership in the Association;
(b) The insurer waives its rights to subrogation under the policy
against any Owner or member of his household;
(c) No act or omission by any Owner, unless acting within the scope
of such Owner’s authority on behalf of the Association, will void the policy or be a
condition to recovery under the policy; and
(d) If, at the time of a loss under the policy, there is other insurance in
the name of an Owner covering the same risk covered by the policy, the
Association’s policy provides primary insurance.
9.4 Insurance Proceeds. Any loss covered by the property insurance
policy described in Section 9.1 must be adjusted with the Association, but the
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insurance proceeds for that loss shall be payable to any insurance trustee
designated for that purpose, or otherwise to the Association, and not to any holder
of a security interest. The insurance trustee or the Association shall hold any
insurance proceeds in trust for the Owners and Mortgagees as their interests may
appear. The proceeds must be disbursed first for the repair or restoration of the
damaged property, and the Association, Owners and Mortgagees are not entitled to
receive payment of any portion of the proceeds unless there is a surplus of
proceeds after the damaged property has been completely repaired or restored or
the regime created by this Declaration is terminated.
9.5 Association Policies. The Association may adopt and establish
written nondiscriminatory policies and procedures relating to the submittal of
claims, responsibility for deductibles, and any other matters of claims adjustment.
To the extent the Association settles claims for damages to real property, it shall
have the authority to assess negligent Owners causing such loss or benefiting from
such repair or restoration all or an equitable portion of the deductible paid by the
Association.
9.6 Insurer Obligation. An insurer that has issued an insurance policy
for the insurance described in Section 9.1 shall issue certificates or memoranda of
insurance to the Association and, upon request, to any Owner or Mortgagee.
Unless otherwise provided by statute, the insurer issuing the policy may not cancel
or refuse to renew it until thirty (30) days after notice of the proposed cancellation
nonrenewal has been mailed to the Association and to each Owner and Mortgagee
to whom a certificate or memorandum of insurance has been issued at their
respective last-known addresses.
9.7 Common Expenses. Premiums for insurance that the Association
acquires and other expenses connected with acquiring such insurance are Common
Expenses.
9.8 Fidelity Insurance. To the extent reasonably available, fidelity
bonds may be maintained by the Association to protect against dishonest acts on
the part of its officers, directors, trustees, and employees and on the part of all
others who handle or are responsible for handling the funds belonging to or
administered by the Association in an amount not less than two (2) months’ current
Assessments plus reserves as calculated from the current budget of the
Association. In addition, if responsibility for handling funds is delegated to a
Manager, such bond may be obtained for the Manager and its officers, employees,
and agents, as applicable. Any such fidelity coverage shall name the Association
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as an obligee and such bonds shall contain waivers by the issuers of all defenses
based upon the exclusion of persons serving without compensation form the
definition of “employees,” or similar terms or expressions.
9.9 Workers’ Compensation Insurance. The Board of Directors shall
obtain workers’ compensation or similar insurance with respect to its employees, if
applicable, in the amounts and forms as may now or hereafter be required by law.
9.10 Other Insurance. The Association shall also maintain insurance to
the extent reasonably available and in such amounts as the Board of Directors may
deem appropriate on behalf of Directors against any liability asserted against a
Director or incurred by him in his capacity of or arising out of his status as a
Director. The Board of Directors may obtain insurance against such other risks of
a similar or dissimilar nature as it shall deem appropriate with respect to the
Association’s responsibilities and duties.
9.11 Insurance Obtained by Owners. Each Owner shall obtain and at all
times maintain physical damage and liability insurance for such Owner’s benefits
at such Owner’s expense, covering the full replacement value of the Owner’s Lot
improvements. All Owners are required to maintain on file copies of all such
current policies with the Association to evidence their obligations hereunder and to
facilitate recovery of all appropriate rewards or proceeds by the Association.
ARTICLE 10
ASSESSMENTS
10.1 Obligation. Each Owner, including Declarant, by accepting a deed
for a Lot, is deemed to covenant to pay to the Association (i) the Annual
Assessments imposed by the Board of Directors as necessary to meet the common
expenses necessary to perform the functions of the Association, (ii) Special
Assessments for capital improvements and other purposes as stated in this
Declaration, if permitted under the Act, and (iii) Default Assessments which may
be assessed against a Lot for the Owner’s failure to perform an obligation under
the Association Documents or because the Association has incurred an expense on
behalf of the Owner under the Association Documents.
10.2 Purpose of Assessments. The Assessments shall be used exclusively
to promote the health, safety and welfare of the Owners and occupants of The
Sages at Aspen Glen, and for the improvement and maintenance of the Property,
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the Common Area , and other areas of Association responsibility referred to herein,
as more fully set for the in this Article below.
10.3 Budget. Within thirty (30) days after the adoption of any proposed
budget for the Association, the Board of Directors shall mail, by ordinary first-
class mail, or otherwise deliver a summary of the budget to all the Owners and
shall set a date for a meeting of the Owners to consider ratification of the budget
not less than fourteen (14) nor more than sixty (60) days after mailing or other
delivery of the summary. Unless at that meeting a majority of all Owners reject
the budget, the budget is ratified, whether or not a quorum is present. In the event
the proposed budged is rejected, the periodic budget last ratified by the Owners
must be continued until such time as the Owners ratify a subsequent budget
proposed by the Board of Directors. The Board of Directors shall adopt a budget
and submit the budget to a vote of the Owners as provided herein no less
frequently than annually. The Board of Directors shall levy and assess the Annual
Assessments in accordance with the annual budget.
10.4 Annual Assessments. Annual Assessments made shall be based upon
the estimated cash requirements as the Board of Directors shall from time to time
determine to be paid by all the Owners, subject to Section 10.3 above. Estimated
Common Expenses shall include, but shall not be limited to, the cost of routine
maintenance and operation of the Property and the Common Area ; expenses of
management; insurance premiums for insurance coverage as deemed desirable or
necessary by the Association; landscaping of the Property; care of grounds within
the Common Area ; routine repairs and renovations within the Common Area ,
including wages; common water and utility charges for the Common Area ; legal
and accounting fees; management fees; expenses and liabilities incurred by the
Association under or by reason of this Declaration; payment of any default
remaining from a previous assessment period; and the creation of a reasonable
contingency or other reserve or surplus fund for general, routine maintenance,
repairs, and replacement of improvements within the Common Area on a periodic
basis, as needed.
Annual Assessments shall be payable in quarterly installments on a prorated
basis in advance and shall be due on the first day of each quarter. The omission or
failure of the Association to fix the Annual Assessments for any assessment period
shall not be deemed a waiver, modification, or release of the Owners from their
obligation to pay the same. The Association shall have the right, but not the
obligation, to make prorated refunds of any Annual Assessments in excess of the
actual expenses incurred in any fiscal year.
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10.5 Apportionment of Annual Assessments. Each Owner shall be
responsible for that Owner’s share of the Common Expenses, which shall be
divided among the Residential Units on the basis of the Sharing Ratio in effect on
the date of assessment, subject to the following provisions: Expenses (including,
but not limited to, costs of maintenance, repair, and replacement) relating to fewer
than all of the Residential Units, to the extent not covered by insurance, may, in the
sole discretion of the Board of Directors, be assessed only to Owners of the
affected Residential Units; provided, however, that assessments for maintenance of
the Limited Common Area shall be shared equally on the basis of the Sharing
Ratio.
10.6 Special Assessments. In addition to the Annual Assessments
authorized by this Article, the Association, if permitted under the Act, may levy in
any fiscal year one or more Special Assessments, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the
cost of any unexpected repair or replacement of improvements on the Property or
the Common Area or for such other expense incurred or to be incurred as provided
in this Declaration. This Section 10.6 shall not be construed as an independent
source of authority of the Association to incur expense, but shall be construed to
prescribe the manner of assessing expenses authorized by other sections of this
Declaration. Any amounts assessed pursuant to this Section shall be assessed to
Owners in the same proportion as provided for Annual Assessments in Section
10.4, subject to the requirement that any extraordinary insurance costs incurred as
a result of the value of a particular Owner’s residence or the actions of a particular
Owner (or his agents, servants, guests, tenants, or invitees) shall be borne by that
Owner, and subject to Section 10.5 above. Notice in writing in the amount of such
Special Assessments and the time for payment of the Special Assessments shall be
given promptly to the Owners, and no payment shall be due less than thirty (30)
days after such notice shall have been given. Special Assessments are currently
restricted under the Act.
10.7 Default Assessments. All monetary fines assessed against an Owner
pursuant to the Association Documents, or any expense of the Association which is
the obligation of an Owner or which is incurred by the Association on behalf of the
Owner pursuant to the Association Documents, shall be a Default Assessment and
shall become a lien against such Owner’s Lot which may be foreclosed or
otherwise collected as provided in this Declaration. Notice of the amount and due
date of such Default Assessment shall be sent to the Owner subject to such
Assessment at least thirty (30) days prior to the due date.
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10.8 Effect of Nonpayment; Assessment Lien. Any Assessment
installment, whether pertaining to any Annual, Special, or Default Assessment,
which is not paid on or before its due date shall be delinquent. If an Assessment
installment becomes delinquent, the Association, in its sole discretion, may take
any or all of the following actions:
(a) assess a late charge for each delinquency in such amount as the
Association deems appropriate;
(b) assess an interest charge from the date of delinquency at the yearly
rate of two (2) points above the prime rate charged by the Association’s bank, or
such other rate as the Board of Directors may establish, not to exceed twenty-one
percent (21%) per annum;
(c) suspend the voting rights of the Owner during any period of
delinquency;
(d) accelerate all remaining Assessment installments so that unpaid
Assessments for the remainder of the fiscal year shall be due and payable at once;
(e) bring an action at law against any Owner personally obligated to
pay the delinquent Assessments; and
(f) proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Lot shall constitute a lien on such Residential
Unit. The Association may institute foreclosure proceedings against the defaulting
Owner’s Lot in the manner for foreclosing a mortgage on real property under the
laws of the State of Colorado. In the event of any such foreclosure, the Owner
shall be liable for the amount of unpaid Assessments, any penalties and interest
thereon, the cost and expenses of such proceedings, the cost and expenses for filing
the notice of the claim and lien, and all reasonable attorney’s fees incurred in
connection with the enforcement of the lien. The Association shall have the power
to bid on a Lot at foreclosure sale and to acquire and hold, lease, mortgage, and
convey the same.
10.9 Personal Obligation. The amount of any Assessment chargeable
against any Lot shall be a personal and individual debt of the Owner of same. No
Owner may exempt himself from liability for the Assessment by abandonment of
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his Residential Unit. Suit to recover a money judgment for unpaid Assessments,
any penalties and interest thereon, the costs and expenses of such proceedings, and
all reasonable attorney’s fees in connection therewith shall be maintainable without
foreclosing or waiving the Assessment lien provided in this Declaration.
10.10 Successor’s Liability for Assessments; Subordination of Lien. The
provisions of the Act shall govern and control (i) the obligations of successors to
the fee simple title of a Lot on which Assessments are delinquent, and (ii) the
subordination by the lien of the Assessments provided for in this Declaration
10.11 Payment by Mortgagee. Any Mortgagee holding a lien on a Lot
may pay any unpaid Assessment payable with respect to such Lot, together with
any and all costs and expense incurred with respect to the lien, and upon such
payment that Mortgagee shall have a lien on the Lot for the amounts paid with the
same priority as the lien of the Mortgage.
10.12 Statement of Status of Assessment Payment. Upon payment of a
reasonable fee set from time to time by the Board of Directors and upon fourteen
(14) days’ written request to the Manager or the Association’s registered agent, any
Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Lot shall
be furnished with a written statement setting forth the amount of the unpaid
Assessments, if any, with respect to such Residential Unit. Unless such statement
shall be issued by personal delivery or by certified mail, first class postage prepaid,
return receipt requested, to the inquiring party (in which even the date of posting
shall be deemed the date of delivery) within fourteen (14) days, the Association
shall have no right to assert a lien upon the Lot over the inquiring party’s interest
for unpaid Assessments which were due as of the date of the request.
10.13 Capitalization of the Association. Upon acquisition of record title to
a Lot from Declarant or any seller after Declarant, each Owner shall contribute to
the working capital and reserves of the Association an amount equal to twenty -five
percent (25%) of the Annual Assessment determined by the Board of Directors for
that Lot for the year in which the Owner acquired title. Such payments shall not be
considered advance payments of Annual Assessments. The unused portion of the
working capital deposit shall be returned to each Owner upon the sale of his
Residential Unit, provided that the new purchaser of the Lot has deposited the
required working capital deposit with the Association.
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ARTICLE 11
ASSOCIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocably appoints the Association as the Owner’s
true and lawful attorney-in-fact for the purposes of dealing with any improvements
covered by insurance written in the name of the Association pursuant to Article 9
upon their damage or destruction as provided in Article 12. Acceptance by a
grantee of a deed or other instrument of conveyance or any other instrument
conveying any portion of the Property shall constitute appointment of the
Association as the grantee’s attorney-in-fact, and the Association shall have full
authorization, right, and power to make, execute, and deliver any contract,
assignment, deed, waiver, or other instrument with respect to the interest of any
Owner which may be necessary to exercise the powers granted to the Association
as attorney-in-fact.
ARTICLE 12
DAMAGE OR DESTRUCTION
12.1 Roll of the Board of Directors. In the event of damage or
destruction to any property covered by insurance written in the name of the
Association, the Board of Directors shall arrange for and supervise the prompt
repair and restoration of the damaged property insured by the Association.
12.2 Estimate of Damages or Destruction. As soon as practicable after
an event causing damage to or destruction of any part of the Association-Insured
Property, the Board of Directors shall, unless such damage or destruction shall be
minor, obtain an estimate or estimates that it deems reliable and complete of the
costs of repair and reconstruction. “Repair and reconstruction” as used in Article
12 shall mean restoring the damaged or destroyed improvements to substantially
the same condition in which they existed prior to the damage or destruction. Such
costs may also include professional fees and premiums for such bonds as the Board
of Directors or the Insurance Trustee, if any, determines to be necessary.
12.3 Repair and Reconstruction. As soon as practical after the damage
occurs and any required estimates have been obtained, the Association shall
diligently pursue to completion the repair and reconstruction of the damaged or
destroyed Association-Insured Property. As attorney-in-fact for the Owners, the
Association may take any and all necessary or appropriate action to effect repair
and reconstruction of any damage to the Association-Insured Property, and no
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consent or other action by any Owner shall be necessary. Assessments of the
Association shall not be abated during the period of insurance adjustments and
repair and reconstruction.
12.4 Funds for Repair and Reconstruction. The proceeds received by
the Association from any hazard insurance carried by the Association shall be used
for the purpose of repair, replacement, and reconstruction of the Association-
Insured Property.
If the proceeds of the Association’s insurance are insufficient to pay the
estimated or actual cost of such repair, replacement, or reconstruction, or if upon
completion of such work the insurance proceeds for the payment of such work are
insufficient, the Association may, pursuant to Section 10.6, if permitted under the
Act, levy, assess, and collect in advance from the Owners, without the necessity of
a special vote of the Owners, a Special Assessment sufficient to provide funds to
pay such estimated or actual costs of repair and reconstruction. Further levies may
be made in like manner if the amounts collected prove insufficient to complete the
repair, replacement, or reconstruction.
12.5 Disbursement of Funds for Repair and Reconstruction. The
insurance proceeds held by the Association and the amounts received from the
Special Assessments provided for above constitute a fund for the payment of the
costs of repair and reconstruction after casualty. It shall be deemed that the first
money disbursed in payment for the costs of repair and reconstruction shall be
made from insurance proceeds, and the balance from the Special Assessments. If
there is a balance remaining after payment of all costs of such repair and
reconstruction, such balance shall be distributed to the Owners in proportion to the
contributions each Owner made as Special Assessments, then in equal shares per
Residential Unit, first to the Mortgagees and then to the Owners, as their interests
appear.
ARTICLE 13
DESIGN REVIEW
No initial improvement or alteration of the exterior of a Lot or other
structure located on a Lot, including repainting of the structure, shall be made
unless first approved in writing by the Board of Directors. The Board of Directors
shall exercise its best judgment to the end that all modifications to structures and
on land within the Property conform to and harmonize with existing surroundings
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and structures. The Board of Directors has the absolute right to deny any requested
changes which the Board of Directors reasonably determines do not conform to
and harmonize with existing surroundings and structures. The provisions for
architectural control contained in this Declaration shall be in addition to, and not in
lieu of, the architectural control provisions contained in the Master Declaration.
The granting of approval for proposed work hereunder shall not dispense with the
need also to comply with the approval procedures set forth in the Master
Declaration. All proposed construction, modifications, alterations and
improvements shall be approved pursuant to this Declaration before being
submitted for approval pursuant to the Master Declaration.
ARTICLE 14
DURATION OF COVENANTS AND AMENDMENT
14.1 Term. The covenants and restrictions of this Declaration shall run
with and bind the land in perpetuity, subject to the termination provisions of the
Act.
14.2 Amendment by Declarant. Until the first Lot subject to this
Declaration has been conveyed by Declarant by a recorded deed, any of the
provisions, covenants, conditions, restrictions and equitable servitudes contained in
this Declaration may be amended or terminated by Declarant by the recordation of
a written instrument executed by Declarant setting forth such amendment or
termination.
14.3 Amendment of Declaration by Members. Except as otherwise
provided in this Declaration, any provision, covenant, condition, restriction or
equitable servitude contained in this Declaration may be amended or repealed at
any time and from time to time upon approval of the amendment or repeal by
members of the Association holding at least seventy-five percent (75%) of the
votes of members. The approval of any such amendment or repeal shall be
evidenced by the certification by the members to the Board of Directors of the
Association of the votes of members. The amendment or repeal shall be effective
upon recordation of a certificate executed by the president or a vice-president and
the secretary or an assistant secretary of the Association setting forth the
amendment or repeal in full and certifying that the amendment or repeal has been
approved by the members. Any amendment to the Declaration made hereunder
shall be effective only when recorded. All amendments hereto shall be indexed in
the grantee’s index in the name of Declarant and the Association and in the
grantor’s index in the name of each person executing the amendment.
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ARTICLE 15
LIMIT ON TIMESHARING
No Owner of any Lot or Lot shall offer or sell any interest in such Lot under
a “timesharing” or “interval ownership” plan, or any similar plan without the
specific prior written approval of the Association and the Master Association.
ARTICLE 16
COVENANTS RELATING TO THE MASTER DECLARATION
16.1 Master Declaration Matters. Each Owner, by accepting a deed to a
Residential Unit, recognizes that (i) the Property is subject to the Master
Declaration and (ii) by virtue of his ownership, he has become a member of The
Homeowners’ Association at Aspen Glen. Each Owner, by accepting a deed to a
Lot or Residential Unit, acknowledges that he has received a copy of the Master
Declaration. The Owner agrees to perform all of his obligations as a member of
the Homeowners Association at Aspen Glen as they may from time to time exist,
including, but not limited to, the obligation to pay assessments as required under
the Master Declaration and other governing documents of The Homeowners
Association at Aspen Glen.
16.2 Enforcement of Master Declaration.
(a) The Association shall have the power, subject to the primary
power of the Board of Directors of the Master Association, to enforce the
covenants and restrictions contained in the Master Declaration, but only if said
covenants and restrictions relate to the Property, and to collect assessments on
behalf of the Master Association.
(b) This Declaration is intended to supplement the Master
Declaration as it applies to the Property. In addition to all of the obligations which
are conferred or imposed upon the Association pursuant to this Declaration, the
Bylaws or the Articles of Incorporation, the Association shall be subject to all of
the obligations imposed upon it pursuant to the Master Declaration and the Bylaws
of the Master Association. The Association and all committees thereof shall also
be subject to all superior rights and powers which have been conferred upon the
Master Association pursuant to the Master Declaration and the Bylaws of the
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Master Association. The Association shall take no action in derogation of the
rights of, or contrary to the interests of, the Master Association.
ARTICLE 17
GENERAL PROVISIONS
17.1 Restriction on Declarant Powers. Notwithstanding anything to the
contrary herein, no rights or powers reserved to Declarant hereunder shall exceed
the time limitations or permissible extent of such rights or powers as restricted
under the Act. Any provision in this Declaration in conflict with the requirements
of the Act shall not be deemed to invalidate such provision as a whole but shall be
adjusted as is necessary to comply with the Act.
17.2 Enforcement.
(a) Except as otherwise provided in this Declaration, the Board of
Directors, Declarant, or any Owner shall have the right to enforce, by a proceeding
at law or in equity, all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this Declaration. Failure by
the Board of Directors of the Association, Declarant, or by any Owner to enforce
any covenant or restriction contained in this Declaration shall in no event be
deemed a waiver of the right to do so thereafter.
(b) The Master Association shall be entitled to enforce the
provisions of this Declaration to the same extent as the Association or any Owner.
The failure of the Master Association to enforce any of the limitations, restrictions,
conditions or covenants contained herein shall not constitute a waiver of the right
to enforce the same thereafter. No liability shall be imposed on, or incurred by, the
Master Association as a result of such failure. The prevailing party in any action at
law or in equity instituted by the Master Association or the Association to enforce
or interpret said limitations, restrictions, conditions or covenants, shall be entitled
to all costs incurred in connection therewith, including without limitation
reasonable attorney’s fees.
17.3 Special Rights of First Mortgagees. First Mortgagees shall have all
rights granted to First Mortgagees under the Master Declaration, specifically
Sections 11.6, 11.7, 11.8 and 11.9.
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17.4 Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision
which shall remain in full force and effect.
17.5 Conflicts Between Documents.
(a) In case of conflict between this Declaration and the Articles and
the Bylaws of the Association, this Declaration shall control. In case of confli ct
between the Articles and the Bylaws, the Articles shall control.
(b) The covenants, restrictions and provisions of this Declaration
shall be cumulative with those of the Master Declaration; provided, however, in
the event of conflict between or among the provisions of this Declaration, the
Bylaws, Articles of Incorporation or rules and regulations pursuant thereto and the
Master Declaration, its bylaws, articles of incorporation or rules and regulations,
those of the Master Association shall be superior to those of the Association. The
foregoing priorities shall not prevent enforcement by the Association of provisions
or rules which are stricter than those of the Master Association.
DECLARANT:
Cary Glickstein
By: ________________________________________
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
The above and foregoing instrument was acknowledged before me
this _____ day of _____, 200___, by Cary Glickstein
Witness my hand and seal.
My commission expires: __________
_______________________________
Notary Public
Exhibit 21 | 9/11/24 Email from Philip Berry
From:Philip Berry
To:Cary Glickstein; Glenn Hartmann
Cc:Lucas Peck; Tim Malloy
Subject:RE: Statue of Response to Inquiries from July 19th Meeting Re: AG Sages Parcel
Date:Wednesday, September 11, 2024 12:19:14 PM
Attachments:image001.png
image002.png
Sorry, I thought I sent this last week, but it did not go out.
Good afternoon, below are the summaries I have for 5 zoning topics we have discussed. I was
able to meet with Glenn on this briefly this afternoon. Please let us know if there was anything
else you needed clarification on. We look forward to receiving your sketch plan application..
Lot size
Minimum lot size appears to be 2,200 sq ft per the original resolution. Staff did not find a
resolution changing this. This applies to each individual single-family attached unit, after the
original tract is divided down the party wall. This is how the Single-family attached was
previously done in the Peaks
Off-street parking
2 Off-street per dwelling unit are required.
Zero-lot line setbacks (applicability of rowhouse setback language)
A party wall with no setback is allowed for attached dwelling units. Side yards are applied to
the sides of the building.
Minimum Lot Width
Staff reviewed the information available for the application approved at Resolution 98-06. The
application and staff report clearly address amending the language for the Single-Family
Detached use, not the Single-Family Attached Use in the Club Villa Zone District. No other
resolutions staff reviewed changed the side yard requirement for the Single-Family Attached
use. The original required minimum yard width remains in place and would apply to the
individual lots after the original tract is split down the party wall.
Rear Yard Setback
Resolution 98-66 reduces the rear yard setback for Club Villa zoned properties abutting golf
course, blm property, or open space. This would apply to the open space required for Single
Family Attached use (item m in the PUD guide for that use).
Thanks,
Philip Berry, AICP
Planner Garfield County – Community Development Department
108 8th. St., Suite 401
Glenwood Springs, CO 81601