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HomeMy WebLinkAbout1.00 General Application MaterialsAspen Glen Modified Eagle Nest Buffer Zone Application Submitted by: Western Slope Consulting LLC 165Basalt Mtn Dr Carbondale, Colorado 81623 970-618-4708 Davis@coloradoplanning.com 2 | Page Table of Contents Page Application Submittal Letter 4 Applicant & Consultant Information 6 Land Use Change Permit & Application Form 7 Payment Agreement Form 9 Pre-Application Conference Summary 10 Proof of Ownership – Title Commitments 18 Statement of Authority 25 Letter of Authorization 26 Vicinity Map 27 Project Narrative 28 Status of Eagle Nest & Basis for Modifying Buffer Zone 31 Wildlife and Habitat Assessment Report 35 Compliance with Buffer Zone Conditions 67 Future Development of Subject Parcels 69 Wildlife Friendly Development Features Proposed for Site 70 Infrastructure Capacity to Serve Subject Parcels 77 Can and Will Serve Letter From RFWSD 82 General Conformity with Garfield County Comprehensive Plan 84 Amendment Justification Report 91 Impact Analysis – Limited to Section 1 92 Mineral Owners - Names & Mailing Addresses 103 Names and Addresses of All Property Owners within 200 Ft. 105 Names and Addresses of All Property Owners in Aspen Glen PUD 106 3 | Page EXHIBITS – Exhibits A through J are submitted under separate cover with this application. 126 EXHIBIT A - Aspen Glen PUD Approval Resolution 92-059 (Including Original PUD Plan Guide) EXHIBIT B - Original Aspen Glen PUD Plan EXHIBIT C - Original DOW Correspondence and Assessments Re: Eagle Buffer Zone EXHIBIT D – First Amendment to Aspen Glen PUD Plan EXHIBIT E – Plats of Parcels within Buffer Zone EXHIBIT F - Cokley Signal Warrant Study EXHIBIT G - Aspen Glen 1993 Preliminary Plan EXHIBIT H - Aspen Glen Preliminary Plan Approval Resolution 93- 121 4 | Page Application Submittal Letter May 27, 2026 Mr. Glenn Hartmann Garfield County Community Development Department Director 108 8th St # 401 Glenwood Springs, CO 81601 Dear Mr. Hartmann: Western Slope Consulting, LLC is pleased to submit herewith the Aspen Glen Eagle Nest Buffer Zone Modification Application (the “Application”) on behalf of Aspen Glen Golf Company (“Applicant”). This new application has been reduced in scope to exclude the river parcel on the west side of the Roaring Fork River and adds additional wildlife protections on lands proposed for development. If approved, it will allow residential development on areas of poor wildlife habitat while preserving those areas used by wildlife. The Aspen Glen PUD approval in 1992 established an Eagle Nest Buffer Zone (the “Buffer Zone” or “Buffer”) that restricted certain activities within that zone. The Buffer was created because of the existence of a bald eagle nest along the river near the 10th hole of the Aspen Glen Golf Course and related bald eagle activity. However, the eagles abandoned that nest in December 2016 and relocated to a new nest approximately one mile upstream. In early June 2018, a windstorm broke off the nesting tree approximately 15 feet above ground and destroyed the nest. Garfield County Resolution No. 92-056 (the “PUD Resolution”), approved by the Garfield County Commissioners on June 29, 1992, established the Buffer with specific terms and conditions. The Buffer was established for the sole purpose of protecting the nesting bald eagles. However, in 2021 the BOCC declined to approve a PUD Amendment request to remove the Buffer in large part because of neighborhood concerns about other wildlife issues. After the 2021 decision, the Applicant conducted additional longer-term wildlife study and has taken into consideration the concerns raised by residents that removal of the Buffer would have on the quality wildlife habitat. This application, in consideration of those concerns, is a request to modify the Buffer to update it for the loss of the nest but also broadening wildlife protections. The modification removes the restriction on the two zoned parcels to permit wildlife compatible, well-planned in-fill housing in the areas recognized as poor habitat. Wildlife protections are to include a movement corridor, screening, wildlife-compatible landscaping, enhanced lighting restrictions, enhanced domestic animal controls and improved design elements. The properties included in this application will be included in the Aspen Glen Homeowner’s Association. This will allow the HOA to have more involvement in the project. The applicant believes that these expanded safeguards will establish wildlife friendly enhancements that may serve as a model for other projects in the County. These enhancements will add significant wildlife safeguards that do not otherwise exist. This Application conforms to the requirements of the applicable sections of the Garfield County Land Use and Development Code (“LUDC”) and is in general conformance with the 2030 Garfield County Comprehensive Plan. 5 | Page Our team looks forward to discussing this application with the County. After the submittal has been deemed complete, please schedule it for review by the Planning Commission and subsequently by the Board of County Commissioners. If you have any questions, please do not hesitate to contact me at (970) 618-4708 or Davis@coloradoplanning.com. Sincerely, Western Slope Consulting, LLC 6 | Page Applicant & Consultant Information Property Owner Aspen Glen Golf Company c/o - Daniel Horne 5221 N. O'Connor Blvd., Ste. 300 Irving, TX 75039 972-243-6191 - Telephone Applicant, Planner & Authorized Representative Davis Farrar - Western Slope Consulting LLC 0165 Basalt Mountain Drive Carbondale, Colorado 81623 970-618-4708 - Telephone E-mail: davis@coloradoplanning.com Project Attorney & Authorized Representative Scott Grosscup – Balcomb & Green 818 Colorado Ave. Glenwood Springs, CO 81601 970-945-6546 – Telephone E-mail: sgrosscup@balcombgreen.com Project Wildlife Specialist Steve Dahmer - Environmental Solutions, Inc. 600 County Rd. 216 Rifle, CO 81650 970-618-6841 - Telephone E-mail: steve.dahmer@esinc.biz 7 | Page Land Use Change Permit Application Form 8 | Page 9 | Page Payment Agreement Form 10 | Page Pre-Application Conference Summary 11 | Page 12 | Page 13 | Page 14 | Page 15 | Page 16 | Page 17 | Page 18 | Page Property Ownership – Title Commitment 19 | Page 20 | Page 21 | Page 22 | Page 23 | Page 24 | Page 25 | Page Statement of Authority 26 | Page Letter of Authorization 27 | Page Vicinity Map 28 | Page Project Narrative Applicant requests the Aspen Glen PUD be amended to modify the Buffer Zone that was originally established by Conditions 6 through 16 of the PUD Resolution, attached to this Application as Exhibit A. Garfield County amended the terms of the Buffer Zone when it approved the preliminary plan for the entire Aspen Glen PUD in 1993. Those amendments are reflected in Garfield County Resolution No. 1993-121 (the “1993 Resolution”) and the correspondence referenced in that resolution. See Exhibits C and J. The originally approved underlying PUD zoning will become effective as provided in Garfield County Resolution 92-056 with approval of Applicant’s proposed changes. The Aspen Glen PUD parcels encumbered by the Buffer Zone are those owned by Applicant, hole 10 of the Aspen Glen Golf Course, which is owned by Spirit Realty, LP, and a portion of the river open space parcel. The boundary of the Buffer Zone is shown below on the PUD Plan Zoning Map. While the parcel on which hole 10 is located is not technically part of this Application, Aspen Glen Golf Club Management Company, the operator of the Aspen Glen Golf Club, has submitted a letter of support for this Application that is included with this submission. PUD Plan Eagle Nest Buffer Zone Boundary and Zoning Map (in red) Each of the residential parcels within the Buffer Zone is assigned an underlying zone district by the Aspen Glen PUD Plan that contemplates residential development. Specifically, Parcel 2393-202-00-245 (“Parcel 245”) is zoned ¼ Acre Residential, and Parcel 2393-202-00-246 (“Parcel 246”) is zoned ¾ Acre Residential. Parcels 245, and 246 will be referred to throughout the Application materials as the “Subject Parcels.” While the location of the Buffer Zone is part of the PUD Plan Map (see Exhibit B), its restrictions were not incorporated into the Aspen Glen PUD Plan Guide attached at the end of the PUD Resolution or added to the PUD Plan Guide by later amendments. As such, the PUD Plan Guide does not need to be 29 | Page changed to reflect the modification of the Buffer Zone should the Application be approved. Instead, the modification of the Buffer Zone will be accomplished by the terms of the Application approval resolution itself. Accordingly, Applicant requests that the original resolution approving the development modify conditions as detailed in the following proposed amendment to Resolution 92-056. Resolution No. 92-056 is amended with the following changes to the conditions of Approval: BALD EAGLE NESTING SITE AND WILDLIFE FRIENDLY DEVELOPMENT OVERLAY ZONES (Buffer Protection Overlay Zone) 6. An A Bald Eagle Nest Buffer Overlay Zone, as indicated on Exhibit F-16 submitted, at public hearing, will be established around the nest where there will be no construction of dwelling units or human activities, except as established herein. The area of the Zone is described per a letter dated April 26, 1992 from Kevin Wright of the Colorado Division of Wildlife. Any changes or modifications to the Zone will require approval from the Division of Wildlife. Pursuant to Resolution _____portions of the Bald Eagle Nesting Site (Buffer Zone) as indicated on exhibit F- 16 is hereby modified to be renamed Bald Eagle and Wildlife Friendly Overlay Zones. Parcels 245 (parcel number 2393-202-00-245) and 246 (parcel number 2393-202-00-246) are located in the Wildlife Friendly Overlay Zone. Construction of dwelling units and human activities shall be allowed as provided herein within the Wildlife Friendly Development Overlay Zone. 7. Prior to submittal of a Preliminary Plan, the applicant will designate and submit building envelopes, to be approved by the Division of Wildlife Colorado Parks and Wildlife (CPW) for comments consistent with this resolution, for Parcel 245 (parcel number 2393-202-00-245) and 246 (parcel number 2393-202-00-246) the nine (3/4) acre lots adjacent to the Buffer Zone east of the Roaring Fork River. 8. Prior to submittal of a Preliminary Plan, the applicant will submit landscaping plans, approved by the Division of Wildlife, for the vegetative screening along both sides of the entry road and the downstream side of the bridge and along the east (riverside) boundary of Club Villas, Clubhouse District, per Kevin Wright's April 26, 1992 letter. The screening will be planted immediately upon construction of the entrance road and the bridge crossing the Roaring Fork River. In conjunction with submittal of a Preliminary Plan for development of Parcel 245, the applicant will submit to Garfield County plans for a landscaped screened corridor on the east side of the Glenwood Ditch and the east-west lateral of the Crane and Peeples ditch, which may be relocated, which shall be subject to review and comment by CPW prior to Garfield County approval of the Preliminary Plan. In any case, all development on Parcels 245 and 246 shall occur east of the Glenwood Ditch. 9. A timing restriction will be placed on the 10th hole of the golf course. If Bald Eagles have abandoned the nest and no eagles are present, the hole may be played from April 1st to December 31. If eagles are present, the hole may be played July 1st to December 31st. It may be played earlier if there is nest abandonment and young have fledged. Any alternative plans for the reconfiguration of the 10th hole to allow earlier play must be approved by the Division of 30 | Page Wildlife. The applicant shall submit a landscaping plan for Parcels 245 and 246 with the Preliminary Plan incorporating wildlife friendly vegetation requirements for each residential lot. 10. There will be no construction or activity within the Buffer Zone, hole #10, entry road and bridge or facilities/units north of Hole #18 from January 1st to June 1st if the nest is active. Construction may begin earlier if there is nest failure and abandonment. The applicant shall petition to include the lots designated in Parcel 245 and Parcel 246 within the Aspen Glen Homeowners Association upon approval of a final plat for Parcel 245 and/or Parcel 246. 11. There will be no human entry within 100 yards of the nest except for nest management activities, activities related to the use of Hole #10, or normal ground and ditch maintenance activities. All dogs and/or cats on lots on Parcels 245 and 246 shall be restrained in a fenced area on the lot when they are outside of the house. 12. No human entry will be allowed within 200 yards of the nest from January 1st to June 30th if eagles are present, except as allowed in condition #11. Exterior lighting on homes and outbuildings shall be minimized and include fully shielded downcast fixtures directed at the point of use. Exterior lighting shall utilize motion activation or other activation mechanisms to prevent continuous lighting between the hours of 12 AM and 6 AM. 13. There will be a seasonal closure of access to the Roaring Fork River to public fishing/hiking access and Open Space River Park Districts within the Bald Eagle and Wildlife Friendly Development Overlay Zones 200 yards of the nesting site from December 15th to April 15th January 1st to May 15th except for float-through river traffic. Signs will be posted and maintained by the applicant alerting residents and the general public to this restriction. 14. The Homeowner' s Covenants will be amended to restrict all dwelling units to one dog per dwelling unit. All exterior food and garbage waste receptacles shall be bear-proof containers and there shall be a prohibition on feeding wildlife. 15. Coordination will occur on an annual basis between the applicant and the Colorado Division of Wildlife concerning the monitoring of nesting activities occurring within the Buffer Zone. Except for fenced enclosures for domestic animals, exterior boundary fencing is prohibited within the Wildlife Friendly Development Overlay Zone. 16. At such time as the Division of Wildlife allows removal of the Eagle Nest Buffer Zone, the applicant may request the Board of County Commissioners to amend the PUD. If approved by the Commissioners, the amendment only removes the Overlying zoning (Buffer Zone), and the approved underlying zoning will become effective. Homeowners shall be required to eradicate and minimize regrowth of noxious weeds and invasive species using methods that are considered environmentally sound. 31 | Page Modification of the Buffer will have no appreciable short or long-term effects on the eagle nest or the bald eagles, as the eagles abandoned the original nest for a location upstream and the original nest was destroyed. Additionally, several of the Buffer Zone restrictions no longer apply even though the Buffer has not been removed. For example, the restriction on construction activities provides that construction within the Buffer zone may begin prior to June 1 if there is nest failure and abandonment. Similarly, Hole 10 may be played prior to April 1st if there is nest abandonment. That means, even with the Buffer in place, construction and golf course play can occur at any time because the nest has been abandoned since as early as December 1, 2016. Amending the PUD to modify the Buffer Zone will not take away designated open space or destroy essential eagle habitat. Instead, it will allow the Subject Parcels to be developed in a manner consistent with the requirements of the PUD and in conformance with adjacent properties to preserve and enhance the overall character of the Aspen Glen PUD. Status of Eagle Nest & Basis for Modifying Buffer Zone Original and New Eagle Nest Locations The Buffer Zone was originally established to protect an existing nest and a pair of juvenile eagles that eventually became a mating pair. The Buffer was created for that purpose and was not intended to be used or designated for other purposes. As of December 1, 2016, the eagles that occupied the original nest had abandoned it and relocated approximately 1 mile upstream to a new nest within approximately 60 feet of already occupied homes within an area of Aspen Glen where there is no nest protection zone. A map showing the original and relocated nest sites is included above. Then, in early June 2018, the tree that housed the historic nest blew over in a windstorm, destroying the nest and all but the bottom 15 feet of the tree itself. It is Applicant’s understanding that there has been no bald eagle nest, active or otherwise, 32 | Page located within the Buffer Zone since June 2018. Applicant has received three emails from CPW that confirm the foregoing events. Those emails dated June 12, 2018, June 13, 2019, and February 15, 2021, are incorporated below. 33 | Page Considering Mr. Groves’ June 12, 2018 e-mail, it appears the statement in his 2021 e-mail regarding the date the tree and nest were destroyed was likely an inadvertent error. In any event, the trio of CPW emails confirms that the historic nest and tree have been destroyed and the eagles are no longer nesting in the Buffer. Modification of the Buffer is warranted to recognize the change in these conditions while preserving the existing quality habitat and adding protections for proposed development on the poor- 34 | Page quality areas with new specific wildlife protections. Buffer modifications recognize the benefits it provides, keeps it in place, and at the same time allows development to occur on previously zoned parcels. Applicant has included a new, longer-term report from independent wildlife biologist, Mr. Steve Dahmer of Environmental Solutions, Inc., that comes to the same conclusion. That report is reproduced below. 35 | Page Wildlife and Habitat Assessment Report 36 | Page 37 | Page 38 | Page 39 | Page 40 | Page 41 | Page 42 | Page 43 | Page 44 | Page 45 | Page 46 | Page 47 | Page 48 | Page 49 | Page 50 | Page 51 | Page 52 | Page 53 | Page 54 | Page 55 | Page 56 | Page 57 | Page 58 | Page 59 | Page 60 | Page 61 | Page 63 | Page 64 | Page 65 | Page 66 | Page 67 | Page Compliance with Buffer Zone Conditions Listed below is each condition from the PUD Resolution that concerns the Buffer Zone, along with a response from Applicant regarding its knowledge of how each condition has been complied with since the PUD was approved. Condition 6: An Eagle Nest Buffer Zone, as indicated on Exhibit F-16 submitted at the public hearing, will be established around the nest where there will be no construction of dwelling units or human activities, except as established herein. The area of the Zone is described per a letter dated April 26, 1992, from Kevin Wright of the Colorado Division of Wildlife. Any changes or modifications to the Zone will require approval from the Division of Wildlife. Response: No dwelling units have been constructed in the Buffer Zone since the PUD Resolution was enacted, and human activity, to the best of Applicant’s knowledge, has been consistent with what is allowed under the PUD Resolution. Condition 7: Prior to submittal of a Preliminary Plan, the applicant will submit building envelopes, approved by the Division of Wildlife, for the nine ¾-acre lots adjacent to the Buffer Zone east of the Roaring Fork River. Response: A preliminary plan was approved for Parcels 245 and 246 in 1993. At that time, building envelopes for the ¾-acre lots were reviewed and approved by DOW. Condition 8: Prior to submittal of a Preliminary Plan, the applicant will submit landscaping plans, approved by the Division of Wildlife, for the vegetative screening along both sides of the entry road and the downstream side of the bridge and along the east (riverside) boundary of Club Villas, Clubhouse District, per Kevin Wright's April 26, 1992 letter. The screening will be planted immediately upon construction of the entrance road and the bridge crossing the Roaring Fork River. Response: The landscaping plans required by Condition 8, as later modified with the DOW’s consent, were reviewed and approved by the DOW. Vegetation was thereafter installed in accordance with the approved plans. Condition 9: A timing restriction will be placed on the 10th hole of the golf course. If Bald Eagles have abandoned the nest and no eagles are present, the hole may be played from April 1st to December 31. If eagles are present, the hole may be played July 1st to December 31st. It may be played earlier if there is nest abandonment and young have fledged. Any alternative plans for the reconfiguration of the 10th hole to allow earlier play must be approved by the Division of Wildlife. Response: From the time the golf course opened until the nest tree was destroyed in 2018, the Aspen Glen Golf Club restricted play on the 10th hole as required by Condition 9. In years when the nest was abandoned early, the Golf Club manager would advise DOW/CPW of the abandonment to confirm that play could occur earlier than July 1st. Presently, play on the 10th hole begins as early as April 1st because the nest is gone and no eagles are present. Condition 10: There will be no construction or activity within the Buffer Zone, hole #10, entry road and bridge, or facilities/units north of hole #18 from January 1st to June 1st if the nest is active. Construction may begin earlier if there is nest failure and abandonment. Response: As is evident by the fact that the Subject Parcels are vacant, no construction has occurred at any time on those parcels. Construction of the entry road and bridge is completed and occurred in compliance with this restriction. Applicant has not conducted or contracted for any construction of facilities or units north of Hole 18. Applicant has no knowledge of whether third parties conducting construction in this area have complied with this restriction. 68 | Page Condition 11: There will be no human entry within 100 yards of the nest except for nest management activities, activities related to the use of Hole #10, or normal ground and ditch maintenance activities. Response: Applicant understands CPW may have conducted monitoring activities in and near the original nest. Normal ground and ditch maintenance activities have occurred over the years, and golf play on Hole #10 has occurred at the allowed times. Applicant has no knowledge of other unauthorized human entry within 100 yards of the nest. If such entry did occur, it was not authorized by Applicant. The tree, nest, and eagles are gone as a result of natural destruction of the tree and nest, so this condition is no longer applicable. Condition 12: No human entry will be allowed within 200 yards of the nest from January 1st to June 30th if eagles are present, except as allowed in condition #11. Response: See response to Condition 11. Condition 13: There will be a seasonal closure of the Roaring Fork River to public fishing/hiking access and Open Space River Park Districts within 200 yards of the nesting site from January 1st to May 15th except for float-through river traffic. Signs will be posted and maintained by the Applicant alerting residents and the general public to this restriction. Response: Applicant originally installed the required signs. Applicant is unaware of whether the Aspen Glen HOA, Garfield County, or another entity or public authority has regularly taken steps to close the Roaring Fork River as required by Condition 13. The tree, nest, and eagles are gone as a result of natural destruction of the tree and nest, so this condition is no longer applicable. Condition 14: The Homeowner’s Covenants will be amended to restrict all dwelling units to one dog per dwelling unit. Response: The Covenants, Conditions, and Restrictions for Aspen Glen were revised to include this restriction. Additionally, this Covenant restriction specifically prohibits all dogs on parcels within or adjacent to any Eagle Nest Buffer Zone within the PUD. This Covenant restriction will not be modified or removed by approval of this Application. Further, the Amended Pet Policy for Aspen Glen requires pet owners to have pets physically leashed and under their complete control when off the owner’s property, and to control noise made by pets within reasonable limits. These conditions will apply to the properties, as included within the Aspen Glen HOA. Condition 15: Coordination will occur on an annual basis between the applicant and the Colorado Division of Wildlife concerning the monitoring of nesting activities occurring within the Buffer Zone. Response: As mentioned above, to Applicant’s knowledge, the Aspen Glen Golf Course manager has been in regular contact with DOW/CPW regarding eagle activity as a result of the Hole #10 play restriction. Applicant also helped conduct monitoring activities in the late 1990s and advised DOW/CPW of eagle activity in the area as it became aware of the same. This coordination will continue. Condition 16: At such time as the Division of Wildlife allows removal of the Eagle Nest Buffer Zone, the applicant may request the Board of County Commissioners to amend the PUD. If approved by the commissioners, the amendment only removes the overlying zoning (Buffer Zone), and the approved underlying zoning will become effective. Response: As noted in this Application, CPW has acknowledged that the original nest that prompted the creation of the Buffer Zone was destroyed of natural causes. There are no eagles nesting in the Buffer Zone, and the Buffer Zone no longer has applicability to the specific tree, nest, and eagles. Many of the original conditions no longer apply. In consideration of the interest in broader wildlife issues that were not part of the original Buffer, the applicant is submitting this application to update and modify the Buffer to add broader wildlife protections with design requirements and to permit development of the Subject Parcels consistent with the underlying zoning. 69 | Page Future Development of Subject Parcels As noted above, the Aspen Glen PUD was approved in June 1992 by the PUD Resolution. As part of the approval process, the BOCC required the developers to subsequently submit a preliminary plan for the entire PUD. A Preliminary Plan for all of the Aspen Glen PUD, except for the areas zoned Club Villas, was approved in 1993 by the 1993 Resolution. See Exhibits I and J. That preliminary plan included Parcels 245 and 246. See Exhibit I. Under the preliminary plan, sixteen ¼-acre lots were approved for Parcel 245, and ten ¾-acre lots were approved for Parcel 246. A final plat for Parcels 245 and 246 has not been presented or approved, so they are considered unplatted future development parcels. The existing boundaries for Parcels 245 and 246 are generally defined by the Aspen Glen Filing 1 final plat and the Second Amended Plat, Golf Course Parcel 5, Aspen Glen Filing 1. Those plats and current surveys of Parcels 245 and 246 are included in this Application as Exhibit E. From SGM 1993 - Preliminary Plan While dwellings on the Subject Parcels cannot be constructed until the Buffer Zone is modified, the data summary on the Aspen Glen PUD zoning map includes the Parcel 245 and 246 units in the total number of approved dwelling units for the PUD. The Concept Plan submitted with this application shows a 30%-unit reduction from the original 26 lots to 18 lots. This density reduction is a part of the applicant’s proposed assemblage of wildlife friendly development features planned with this request to modify the ENBZ. 70 | Page If this Application is ultimately approved and Applicant or a successor proceeds to develop Parcel 245 or 246, the developer must go through the final plan/plat approval process set forth in Section 5-302(D), unless the developer desires to make changes to the previously approved preliminary plan. In that event, the developer would be required to amend the preliminary plan before proceeding with the final plan/plat as provided in Section 5-304 of the LUDC. Wildlife Friendly Development Features Proposed for Site The applicant is proposing numerous wildlife friendly elements to be part of future development of the two parcels. The following Wildlife Friendly Development Overlay Zone modifications are proposed for the subject parcels.  Designation of building envelopes on each lot that will restrict construction to the envelope. This will offer more open area on each lot beyond that provided by setbacks. Restricting structures to the building envelope opens up unfenced areas on each lot to allow better movement of animals through the site. Presently, elk, deer and other ungulates use the golf course as access routes but also find their way amongst the existing homes and fences to travel through Aspen Glen. The expanded unfenced open areas on the lots are above what otherwise exists in the PUD.  Parcel 245 includes an approximate 75-foot set back on the east side of the Glenwood Ditch and is shown in the drawing below. This corridor will be screened on the east from the adjoining structures with landscape screening subject to review and approval by Garfield County that will give wildlife the ability to traverse the property with the advantage of visual screening from nearby structures.  Development on lots in the Subject Parcels will be subject to wildlife friendly vegetation requirements based upon landscaping standards to be submitted to Garfield County for approval for each lot.  All dogs and/or cats must be restrained in a fenced area on the lot when they are outside of the house. The fenced area will restrain domestic animals from startling or otherwise molesting wildlife. 71 | Page  Exterior lighting on homes and outbuildings is to be minimized with fully shielded downcast fixtures and motion sensors to prevent continuous lighting between the hours of 12 AM and 6 AM. Lighting restrictions will ensure a dark environment to further hide animal movement.  All exterior food and garbage waste receptacles shall be bear-proof containers and there will be a prohibition on feeding wildlife.  Except for fenced enclosures for domestic animals, exterior boundary fencing is prohibited with the Wildlife Friendly Development Overlay Zone.  Homeowners shall be required to eradicate and minimize regrowth of noxious weeds and invasive species using methods that are considered environmentally sound.  The applicant proposes to relocate the Crane and Peeples ditch from the center of Parcel 245 to its south boundary adjoining the golf course. The ditch will have wildlife friendly water features and a needed source of drinking water. Environmental Solutions, Inc. investigated possible wetlands associated with relocating the Crane and Peebles Ditch and found “no jurisdictional wetlands present.” The August 18, 2025 wetlands investigation report prepared by Steve Dahmer is included at the end of this section. Parcel 245 72 | Page Parcel 246 The original preliminary plan showed 26 lots (16 on Parcel 245 and 10 on Parcel 246). The applicant proposes reducing the number of lots to 18 single-family units with 12 lots on the north parcel and 6 lots on the south parcel. This is a reduction of over 30% in the original dwelling unit count. 73 | Page 74 | Page 75 | Page 76 | Page 77 | Page Infrastructure Capacity to Serve Subject Parcels As part of the preliminary plan review, infrastructure designs and capacity requirements were submitted for the entire Aspen Glen development. Infrastructure design included water, sewer, roads, dry utilities, and other improvements necessary to serve the full development. Indeed, all the engineering studies and analyses submitted with the preliminary plan application – the traffic study, the Highway 82 access permit, water and sewer studies, all other utilities – considered the full buildout of Aspen Glen including the density approved for the Subject Parcels. Moreover, all the main infrastructure needed to accommodate development of the Subject Parcels – e.g., the internal roads, water and sewer lines, shallow utility lines – has already been constructed. The only additional infrastructure needed to develop the Subject Parcels is the following: (i) extending Leonis Lane to Parcel 245; and (ii) extending and installing the water and sewer lines described in the Roaring Fork Water and Sanitation District letter included below. The following letters from SGM, Inc., the engineering firm that designed Aspen Glen’s infrastructure, explain that the water, sewer, and roadway infrastructure currently installed in Aspen Glen has capacity to serve the project at full buildout. This capacity includes the Subject Parcels. The Roaring Fork Water & Sanitation District is willing and able to serve the Subject Parcels with potable water and wastewater service. In addition, SGM prepared a Signal Warrant Study in October 2018, which was recently updated January 6, 2026 to include current traffic numbers and is included with this application. The Study addresses the issue of signalization at the intersection of State Highway 82 and Diamond A Ranch Road (the Aspen Glen entrance to state Highway 82). See Exhibit F. This report was prepared at the request of the Garfield County Commissioners in response to public comment about the need for traffic signalization at that intersection. This report is in addition to similar studies for the intersection completed by SGM associated with internal development of the subdivision in the early 2000s. The analysis concluded that signalization of that intersection is not warranted now or in the future. Mr. Coakley’s report concludes with the following summary: “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.” 78 | Page 79 | Page 80 | Page 81 | Page 82 | Page Can and Will Serve Letter From RFWSD 83 | Page 84 | Page General Conformity with Garfield County Comprehensive Plan When the Aspen Glen PUD was approved in 1992, the BOCC found the PUD to be in general conformance with the Garfield County Comprehensive Plan in effect at that time. The Comprehensive Plan designation for the property in 1992 was described as an area for high density residential development, which allowed for a density greater than one (1) dwelling unit/two (2) acres. This designation was based on the availability of central water and sewer to the project area. Notably, the BOCC found the Aspen Glen PUD to be in conformance with the then-applicable comprehensive plan even with the potential that the Buffer Zone may be removed one day. Garfield County recently updated its Comprehensive Plan by adopting the Comprehensive Plan 2030 (the “Plan”) on November 10, 2020. “In Garfield County, the Comprehensive Plan establishes the broad land uses and the density of development (number of units/acre) and the Garfield County Land Use and Development Code (LUDC) establishes the detailed standards such as specific uses, minimum lot size, and setbacks. The LUDC requires that land use decisions be in general conformance with the Comprehensive Plan.” Amending the PUD as the Applicant requests is a land use decision that, for the reasons explained below, is in general conformance with the applicable sections of the Plan. I. FUTURE LAND USE AND MAJOR THEMES The Plan’s “major themes” attempt to chart how best to accommodate future growth and development (ex. housing, commercial development, industrial development, etc.) in the County. At the same time, the Plan addresses transportation and mobility, open lands, infrastructure, and other future needs of the County through policies that aim to guide future growth. Ultimately, the intent of the Plan’s Future Land Use Map is to preserve the “livability” of Garfield County over the coming years. A “livable” County means different things to different people. For some, it means retaining open space; for others, planning for a range of development densities; and for still others, it means allowing flexibility to accommodate economic development in the County. The Plan reinforces a major direction of the County’s previous plan: Most new growth should occur in areas that have, or can easily be served by, urban services, which is the case here. The Plan therefore seeks to achieve a broad range of “livability” in a balanced manner. Aspen Glen PUD is identified on the Plan’s future land use map as “Res MH (2 to 6 acres/DU)” as shown on the map below. 85 | Page This designation is based upon the approved PUD and reflects the land-use and densities representative of the project in place. The characteristics of a residential medium high (RM H) designation in the Plan include the following: Amending the PUD to modify the Buffer Zone will activate the underlying zoning of the Subject Parcels. Those underlying zone districts allow for residential development only, albeit at densities greater than 1 unit per 2 to 6 acres. More density is allowed on the Subject Parcels—and within the PUD as a whole—than contemplated in the Plan because the clustering of development in certain parts of the PUD created additional open space in other parts of the PUD and because the PUD Resolution prohibits transferring density from one part of the PUD to another to maintain the original development pattern approved by the BOCC. The Plan articulates five major themes for future land use in the County that are also embodied in the Future Land Use Map. Those major themes are: 1. Growth in Urban Growth Areas (UGA) & 3-Mile Areas of Influence 2. Growth in Unincorporated Communities 3. Growth in Designated Centers, including: • Town Centers • Village Centers • Rural Employment Centers • Rural Regional Employment Centers • New or Expanded Centers 4. Growth of New Major Residential Subdivisions 5. Change in Residential Development Densities Amending the PUD to modify the Buffer Zone will allow future development to occur only within the existing zoned boundaries of the Aspen Glen PUD. Aspen Glen is an unincorporated community with concentrated development and a mix of land uses. The Roaring Fork Water & Sanitation District provides water and sewer services within the PUD. Modification of the Buffer Zone will update an overlay district in the project, but it will not alter the mix of land uses or otherwise change demand for infrastructure in the project. This application reduces the unit count on the subject parcels thereby decreasing the overall PUD 86 | Page development density. Modification of the Buffer will make it consistent with the existing changed conditions and support in-fill housing on properties zoned for homes in the original PUD and subsequent County approvals. Thus, the proposed PUD amendment supports development that is consistent with the Plan’s “Growth in Unincorporated Communities,” which “acknowledges the existence of several unincorporated communities that have concentrated development, a mix of land uses and services provided by special districts.” II. NATURAL RESOURCES, HABITAT AND WILDLIFE As is relevant to the Application, Section 8 of the Plan aims to, among other things, ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and impacts mitigated and that incompatible development is directed away from ecologically sensitive areas. That vision is to be achieved through the three policies and related strategies set forth in Section 8 of the Plan. Each of the Policies and relevant strategies are addressed below. BACKGROUND & KEY ISSUES 1. Nature-based tourism is an integral component of the county’s economy. Therefore, it is important to respect the natural environment that brings residents and visitors to Garfield County. 2. Many high-priority wildlife habitat areas and migration corridors exist in Garfield County. Over the coming years, the county will continue to grow, resulting in greater potential for conflict between these important habitat areas and areas targeted for development. In addition, an increase in people participating in outdoor recreation activities will result in greater pressures on these high priority habitat areas. 3. Many of the natural resources in the county are also under the jurisdiction of other agencies and extend beyond county boundaries. Therefore, a coordinated approach between all involved agencies is required. 4. The continuity of wildlife corridors, preservation of riparian and other wildlife habitat, protection of native fish species and water quality and quantity are all important to watershed health. Threats include development pressure in sensitive areas from industry, land use and roads. Response – Natural conditions resulted in the loss of the historic eagle nest and tree. The eagles moved upstream approximately 1 mile, established a new nest, and have successfully raised many eaglets about 50 feet from an occupied home far away from the protections of the Buffer. Broader wildlife concerns were raised by Aspen Glen residents during the previous hearing process during which removal of the Buffer was proposed and ultimately denied by the Commissioners. Applicant, in consideration of these concerns and because many of the original conditions in the Buffer are no longer relevant to the original purpose, proposes to keep the Buffer in place with modifications that add expanded wildlife protections and which permit residential development on the poor-quality habitat portions of the property. The proposed new development standards will incorporate the following changes that are more specifically described in this application:  A wildlife corridor  Broadened domestic pet restrictions  Dark-sky lighting standards  Bear-proof trash receptacles  Wildlife friendly landscaping  Other enhancements aimed at minimizing wildlife conflicts Development on the property is to be located in previously zoned locations with poor-quality habitat. Use of land originally planned for development in the existing PUD represents infill housing. Infill development reduces the demand for housing sprawl outside established developed areas thereby minimizing wildlife impacts, new service demands, and other effects associated with green-field development. By keeping the Buffer in place with modifications to reflect the current eagle and nest situation along with new broader wildlife protections, lands within the Buffer can be used while minimizing effects on nature-based tourism 87 | Page and reducing pressure on high-priority habitat areas. The Applicant has performed an additional longer-term wildlife analysis of the area which supports protection of the prime habitat and use of the sites with poor- quality habitat. CPW has previously offered input about the former nest site which is included in this Application. Those comments reflect CPW’s acknowledgement of the destruction of the tree and nest and recognize the Buffer conditions, as written, no longer serve the original intended purpose. Mr. Dahmer’s new longer-term study of the Buffer area is included in this application along with his previous professional opinion letter. POLICIES & STRATEGIES Policy 1: Encourage the protection and preservation of critical wildlife habitat. Strategies: i. Protect critical wildlife habitat from conflicts with development by requiring appropriate buffers between proposed development and habitat area. ii. Encourage higher intensity development away from critical wildlife habitat areas and migration corridors as identified by 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. iii. Through the county GIS Department, regularly update wildlife habitat maps and make wildlife data available to county residents and visitors. iv. Support Colorado Parks and Wildlife (CPW) habitat protection efforts and continue efforts to coordinate/cooperate with CPW on all wildlife/habitat matters. v. Work collaboratively with land trusts, conservation organizations and governmental entities to support their efforts in preserving critical wildlife habitat. Response – In the original PUD approval, the Aspen Glen developer worked collaboratively with the Colorado Division of Wildlife (now CPW), U.S. Fish and Wildlife Service, and Garfield County to establish the terms of the Buffer Zone that were ultimately incorporated into the PUD Resolution to protect and preserve a then-existing nest and tree frequented by a pair of bald eagles. To account for the fact that wildlife patterns and habitat change over time, some flexibility was incorporated into the PUD Resolution’s Buffer Zone restrictions. Namely, the golf course play, construction, and human activity restrictions all allow for such activities to occur earlier if eagles are not present in the nest or if the nest has failed or been abandoned. The PUD Resolution contemplated and provided for the removal of the Buffer if the eagle nest was destroyed and the eagles moved. As acknowledged by CPW and as explained in Mr. Dahmer’s report, the nest and tree that were the impetus for the Buffer Zone are gone. The nest and the tree housing the nest were destroyed in 2018 due to a weather event. Even before the historic nest was demolished, the eagles moved and built a new nest about one mile upstream in November 2016. The eagles have used the new nest since 2016 to successfully raise multiple offspring. There are no mapped or CPW-identified migration corridors through the area. The information used to establish the Buffer (see Exhibit C) remains consistent with the current status of bald eagles and their new nest. The eagle guidelines relied on in 1992 have been supplanted by the National Bald Eagle Management Guidelines published by the US Fish and Wildlife Service in 2007. 88 | Page 89 | Page The Aspen Glen PUD includes a protected Open Space/River Park Zone District along the Roaring Fork River corridor. Among the purposes of this PUD zone district are to buffer the riparian corridor from the adjacent residential uses, protect the area from development impacts, and reduce conflicts with wildlife and habitat in the buffer areas. The proposed PUD amendment will not change or impact on the OpenSpace/River Park Zone District and will leave the buffering and habitat protection functions intact. Amending the PUD to modify and update the Buffer Zone does not conflict with the Plan’s policy of protecting critical habitat. Other wildlife habitat areas within the PUD are not affected by the Application. While new infill development will be possible with modification of the Buffer Zone, it will be sited in previously zoned areas of Aspen Glen PUD within the existing water and sewer service area the Roaring Fork Water & Sanitation District has capacity to serve. Policy 2: Avoid disturbance to wildlife habitat; where disturbance cannot be avoided, require development to fully address and mitigate potential negative impacts. Strategies: i. Continue to integrate an environmental review process for the approval of Land Use Change Permits and evaluate the LUDC’s overall effectiveness in this review process. ii. Coordinate and communicate with applicable federal and state agencies to ensure that appropriate reclamation measures occur after extraction operations through adherence to reclamation plans and bond release requirements. iii. Require detailed impact analyses for developments proposed within or adjacent to critical wildlife habitats or migration routes. iv. Evaluate how to make the Conservation Subdivision option (a major subdivision option that allows reduced lot sizes and provides density bonuses in exchange for the preservation of rural lands) more attractive to developers through additional incentives and improved awareness of the option for developers. v. Evaluate various types of incentives to encourage clustered development in areas that present potential impacts to wildlife habitat and discourage densities greater than the underlying future land use designation if the proposed development would adversely affect wildlife habitat. Response – As explained above and in the correspondence from CPW and Mr. Dahmer, the land currently within the Buffer still protects the important wildlife habitat. The bald eagle habitat maps included with the Application similarly show the Subject Parcels are not within any CPW Active Nest or Roost Site buffer zones. As noted in Mr. Dahmer’s letter, the eagles are now nested immediately adjacent to occupied homes in Aspen Glen. This suggests eagle nesting in the Aspen Glen area is not disturbed by residential development or human presence and activity. Indeed, the eagles themselves are the best indicator of what habitat conditions are acceptable and appropriate. Accordingly, allowing previously zoned development on the poor forage areas of the Subject Parcels with modification of the Buffer Zone will sustain the better-quality wildlife habitat. The Open Space/River Park Zone District along the Roaring Fork River corridor already protects and preserves critical wildlife habitat and is not implicated by the Application. Moreover, future development will occur in locations outside the riparian habitat previously approved for clustered development. This application proposes reduced unit counts below the Aspen Glen PUD approved number of homes in this location. A modified Buffer will include new protections for wildlife that do not exist in the Aspen Glen PUD Design Requirements. Policy 3: Work cooperatively with involved agencies to ensure natural resources are protected and preserved. Strategies: 90 | Page i. Work collaboratively with appropriate community resources such as the Middle Colorado Watershed Council, Colorado River District and Roaring Fork Conservancy in their efforts to protect and enhance the health of watersheds in the county; consider adding the agencies to the list of referral agencies for Land Use Change Permit applications. ii. Continue to refer all Land Use Change applications to Colorado Parks and Wildlife (CPW) for input on wildlife habitat concerns. iii. Discourage development in areas of high or extreme wildfire hazards. iv. Continue to monitor air quality issues within the county and respond, if necessary, if negative trends are detected. Response – Applicant is submitting this Application to modify the Buffer after consultation with CPW and based on a thorough analysis of the Buffer area by a professional wildlife biologist. CPW (formerly the Division of Wildlife) was originally responsible for setting the parameters of the Buffer and has therefore been consulted in advance of submission of the Application regarding the proposed PUD change. As a Garfield County referral agency, CPW will also receive this Application so the agency may provide any additional comments it may have on the proposed modification of the Buffer. Finally, if the Application is approved, CPW and other agencies will review the specific layout and intensity of development proposed for each of the Subject Parcels once a land use application is submitted to development of the parcels. In that way, future developers, Garfield County, CPW, and other referral agencies will work together to ensure that natural resources within the Subject Parcels are protected and preserved. 91 | Page Amendment Justification Report In accordance with LUDC Section 6-302(B) and as requested by Staff, the following is provided as Applicant’s Amendment Justification Report: 1. General description of the amendment and any supporting information such as the proposed amendments to the PUD General Description, PUD Technical Descriptions, PUD Plan Map, and/or PUD Plan Guide. Response - The amendment proposed in this Application modifies the Buffer Zone established in the PUD Resolution upon recommendations from the Colorado Division of Wildlife, the U.S. Fish and Wildlife Service, and the BLM. See Exhibit C. This will not necessitate changes to the PUD Plan Map because the boundaries of the Buffer will remain the same. Modification of the Buffer will require the County to change those Conditions in the PUD Resolution regarding the Buffer Zone to add the wildlife enhancements and other changes requested in this application. The applicant intends to use the previously approved underlying zoning designations for the Subject Parcels. Bald eagles abandoned the original nest as of December 1, 2016, and the eagle nest tree and the eagle nest were destroyed by a weather event in June 2018. The CPW correspondence included in this Application confirms the same. Mr. Dahmer’s letter presents a scientific basis and adequate support for his conclusion that “given the preponderance of evidence in this case, it is my professional opinion that the continuation of the ENBZ in question is no longer warranted.” Similarly, the June 13, 2019, CPW email includes the following statement. “As I stated in our conversation, since the eagle nest and tree no longer exist, the Eagle Protection Zone at Aspen Glen is no longer warranted. This was an agreement between Garfield County, CPW and USFWS. CPW is a recommending agency only, and all land-use restrictions are enforced by Garfield County. You may use this correspondence as CPW’s acknowledgment that the Eagle Protection Zone can be lifted as you move forward with Garfield County.” CPW’s comments serve to support modifying the Buffer to make it realistic and consistent with the conditions that now exist in the area. 2. Evaluation of how the PUD either complies with the criteria in Section 6-203C for a Minor Modification or how it does not comply with the criteria. Response – Applicant’s analysis of how the PUD amendment complies with the criteria set forth in Section 6- 203(C) is described in the letter from Garfield & Hecht, P.C. dated October 30, 2020, provided with the Application as Exhibit K. The letter was submitted to Garfield County Planning Director Sheryl Bower as part of Applicant’s request the Application be considered a Minor Modification of the Aspen Glen PUD. Director Bower opted to forward the request, as provided for in the LUDC, to the Board of County Commissioners for a determination about whether the application should be a Minor or Substantial PUD Amendment. On November 23, 2020, the Board of County Commissioners decided that the application would be a substantial PUD amendment. This application is submitted in conformance with the County Commissioner’s decision and the requirements of the Garfield County LUDC. 92 | Page Impact Analysis – Limited to Section 1 Impact Analysis. According to Section 4-203(G) of the LUDC, an Impact Analysis is required when a proposed development will impact specific features of the site. In the Impact Analysis, the applicant is to describe both the existing conditions and the potential changes created by the project. While no development is proposed as part of Applicant’s Application, Applicant’s requested amendment of the Aspen Glen PUD (modification of the Buffer Zone) will have the effect of allowing development on the residential parcels within the Buffer in the future. Accordingly, Staff has requested that Applicant respond to the Adjacent Land Use, Site Features, and Environmental Impact portions of the Impact Analysis. Those sections are addressed below. 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius. Response - The existing use of adjacent property within the PUD and within the 1,500-foot radius consists predominantly of suburban single-family residential uses and recreational amenities including a golf club, swimming facilities, tennis courts, driving range, putting green, and similar activities. The #10 golf hole lies at the center of the Buffer. Other golf holes lie wholly within or partially inside the 1,500-foot radius. Uses outside the PUD consist of large lot rural residential single-family dwellings, vacant land, BLM public lands, and agricultural uses. The north/south Roaring Fork River corridor bisects the 1,500-foot radius through the center of PUD and areas north and south. A portion of State Highway 82 is located within 1,500 feet of the subject properties. Map Showing 1,500-foot Buffer from Subject Properties 93 | Page 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. The area affected by the Buffer includes the following three primary topographic areas with associated flora and fauna. 1) Upper River Terrace area includes the #10 golf hole and Parcels 245 and 246. The predominant vegetation on the undeveloped lots includes various grasses including smooth brome, crested wheatgrass, quack-grass, and several weed species such as scotch thistle, kochia, plumeless thistle, hounds-tongue, giant ragweed, and tumble mustard, which provide limited cover or forage opportunities for wildlife. The #10 golf hole has been planted with golf course grasses utilized for fairways and golf greens. Other portions of this location have been vegetated with imported evergreen and deciduous trees as part of the Aspen Glen landscaping plan and recommendations from DOW for eagle nest screening purposes. These terraces are relatively flat and slope gently toward the river. 2) River Terrace Slopes are the steeper areas which transition between the upper terrace and the river bottom. The river terrace slopes are vegetated with cottonwood trees, ponderosa pine, willows, 94 | Page service berries, red-osier dogwood, and other native plant species. This area is to remain protected by the modified Buffer. 3) River Bottom area includes the roaring Fork River channel, adjacent floodplain, and vegetated areas. Vegetation types in this location include juniper, coyote willow, narrowleaf cottonwood, Russian olive trees, and red-osier dogwood. This area is to remain protected by the modified Buffer. 95 | Page 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 Response: Fauna in the Buffer includes mule deer, elk, raccoon, skunk, fox, coyote, small mammals, domestic dogs, domestic cats, and humans. There are a variety of birds found in the area that travel along Roaring Fork River 96 | Page corridor and utilize the area as habitat. These birds include Bald Eagle, Red Tail Hawk, Blue Heron, Osprey as well as a variety of other smaller birds. The Aspen Glen PUD includes an Open Space/River Parks Zone District, which encompasses the river corridor through the development. This PUD zone district separates the residential uses from the river corridor and provides a level of buffering to the riparian environment. None of the parcels within the Buffer are part of the Open Space/River Parks Zone District. There will be no change in this district if the Buffer is modified. The Open Space/River Park Zone District allows the following uses: Open Space/River Parks Zone District. a) Permitted Uses: Passive and active recreational activities; park facilities; clubhouse with snack bar; fishing tackle sales; equestrian facilities; tack services; reservation services; water treatment facility; water storage tanks; and wastewater treatment facility. b) Maximum Building Height: 25 feet provided that water storage tanks may exceed such height limitation. c) Building Setback from Residential Property Line or Road ROW: 25 feet. The Buffer was established for the sole purpose of protecting an existing nest and a pair of juvenile eagles that became a mating pair. Although the Buffer included specific language providing for its elimination, the Garfield County BOCC declined to remove the designation in 2022. Part of the basis for denial of the application was that the submittal lacked adequate information about impacts to other wildlife in addition to the bald eagles. This submittal includes a new longer-term analysis of other wildlife species and an evaluation of the forage within the Buffer. The County Commissioners heard testimony from Aspen Glen residents about other wildlife that utilized lands in the Buffer and throughout Aspen Glen as habitat. This included elk, deer, small mammals and various bird species. Subsequent work contracted by Aspen Glen residents also offered evidence of use of lands within Aspen Glen by deer and elk on the golf course, in the open space, through the residential areas and within the boundaries of the original Buffer. Evidence shows that much of the habitat used by large ungulates and eagles is in the higher-quality habitat in the open space along the Roaring Fork River, on the golf course and other locations within and adjoining Aspen Glen. Additional wildlife studies were conducted by wildlife biologist Steve Dahmer of Environmental Solutions, Inc., representing the applicant. The first study was completed in 2021. A more recent longer-term analysis was conducted on the 22.8-acre study area within the Buffer. The results of this analysis are detailed in the report titled “Wildlife and Habitat Assessment, Aspen Glen Parcels [245 and 246]” included in this application. Key findings in the report show that Parcels 245 and 246 have poor forage for wildlife habitat. Mr. Dahmer’s report notes, “The dominance of non-native, noxious weeds over most of Parcel [245], and a near- monoculture of crested wheatgrass dominating significant portions of Parcel [246] would rate as poor condition rangeland, producing well under half the excellent condition site, and this production consists mostly of noxious weeds, not preferred forage species. Therefore, one must conclude the combined Parcels offer extremely limited foraging potential for the large mammals in the area.” In contrast, the report states, “The intensively managed golf course fairway itself clearly offers the best available forage for deer and elk in the entire Study Area…” Modification of the Buffer will have no appreciable short- or long-term effect on the eagle nest or the bald eagles that moved from the original nest site to a location approximately one mile upstream even before the tree and nest were destroyed. The Buffer no longer serves the intended purpose as indicated in Mr. Dahmer’s report and the June 13, 2019, email from CPW officer John Groves, so there is no reason not to allow modification of the Buffer Zone restrictions. 97 | Page In contrast to the high-quality habitat in the open space along the Roaring Fork River and the golf course, Parcels 245 and 246 offer limited poor-quality habitat for wildlife. “Therefore, Parcels [245 and 246] remain small inholdings of largely degraded vegetative communities offering limited habitat capability for the common wildlife species noted in the Study Area.” The “Bald Eagle Monitoring Update, Aspen Glen 2023” report prepared by the Roaring Fork Audubon Society echoes the value of the riparian habitat. It notes: “Anecdotal accounts from residents indicated that the riparian habitat surrounding the ancestral nest site has continued to provide foraging and perching habitat essential to the survival of the Bald Eagles and numerous other wildlife species…” The stated purpose of the report is as follows: “Roaring Fork Audubon (RFA) undertook this second year-long monitoring of Bald Eagle habitat use at Aspen Glen to support the findings in the first Bald Eagle monitoring that RFA undertook in 2022. This prior study documented the value and need for the riparian habitat within the buffer zone to long-term Bald Eagle survivability including the ability to raise and fledge the next generation of eagles.” This application proposes to maintain the “riparian habitat within the buffer zone” and to add new protections in the areas outside the riparian habitat for wildlife. BALD EAGLE MONITORING UPDATE, ASPEN GLEN 2023 Prepared by Roaring Fork Audubon Society The proposed modification of the Buffer acknowledges the importance of wildlife values to Aspen Glen residents by preserving and protecting the best habitat for wildlife, while at the same time allowing limited development on Parcels 245 and 246. Modifications to the Buffer will update the conditions to reflect the current realities of the relocation of the eagles upstream and natural destruction of the original tree and nest. Additionally, the applicant proposes new features and restrictions within the Buffer to accommodate and protect wildlife to exceed those that exist in Aspen Glen and that could serve as a model for other future development. 98 | Page The proposed modifications (detailed previously in this application) will include:  Creation of a screened game corridor along the east side of the Glenwood Ditch to accommodate wildlife movement through the property. Screening is to be accomplished with evergreen and deciduous vegetation based on recommendations from our wildlife biologist after consultation with CPW. All above-ground structures will be prohibited in the corridor which will be identified on the final plat for the adjoining subdivided lots.  Additional restrictions to be placed on domestic dogs and cats including fenced enclosures when pets are outside. Currently, all animals are required to be either fenced or restrained at all times within a lot. Dogs are currently prohibited from all lots within or adjacent to the Buffer Zone. Further, the Amended Pet Policy for Aspen Glen requires pet owners to have pets physically leashed and under their complete control when off the owner’s property, and to control noise made by pets within reasonable limits.  Wildlife friendly landscaping standards requiring use of wildlife friendly vegetation that serves as forage and cover.  Restrictions on all exterior lighting requiring minimal illumination and compliance with dark-sky lighting standards.  Closure of the Roaring Fork River public fishing/hiking access and Open Space River Park Districts within the Buffer will be continued.  All exterior food and garbage waste receptacles shall utilize bear proof containers.  A ban on feeding wildlife.  Prohibition on exterior boundary fencing.  Access to the sensitive habitat west of the Glenwood Ditch and in the river corridor will be restricted during periods when disturbance of wildlife is adverse to their survival.  A requirement on homeowners to eradicate and minimize regrowth of noxious weeds and invasive species using methods that are considered environmentally sound. Modification of the Buffer will allow more human use of the area by permitting golf use and fishing/hiking. In the long-term, construction activity will occur on Parcels 245 and 246, which were originally approved for future development and have underlying zoning designations that will apply once construction and development is allowed. The impacts of these activities would be identical to those which have occurred and will occur in the Aspen Glen PUD, including on the lots immediately adjacent to the Buffer parcels. Modification of the Buffer will have no greater impact on flora and fauna than the prior development of the rest of the Aspen Glen PUD as a suburban golf course development. b. Determination of the effect on designated environmental resources, including critical wildlife habitat; Response - No adverse effect is anticipated on designated environmental resources including critical wildlife habitat with the modification of the Buffer. Modification of the Buffer will not create adverse impacts to the eagles that have vacated the buffer zone as a nesting area or other impacts beyond what currently exists in the Aspen Glen PUD. Ongoing impacts in the Aspen Glen PUD include but are not limited to vehicles on roadways, human activity, dogs, golfing, pedestrians, construction activity, facility/infrastructure maintenance, fishing, hiking, river running, and other activities that are common in the suburban environment. The letter dated January 19, 2021, from Steve Dahmer of Environmental Solutions, Inc., and the June 13, 2019, e-mail from Colorado Parks and Wildlife officer John Groves to Mike Elkins clearly state that the 99 | Page Buffer is no longer warranted because both the tree and the nest the Buffer was created to protect were destroyed in June 2018. A subsequent email from John Groves to Davis Farrar, dated February 15, 2021, also confirms that the tree and eagle nest were destroyed. The eagles moved to a new location upstream outside the Buffer adjacent to a residence where they are thriving and have successfully raised several broods of eaglets. The two privately owned parcels slated for residential development were previously evaluated and approved in conformance with the Garfield County land use regulations for development as part of the Aspen Glen PUD, and the impacts of such development were accounted for at the time the PUD was approved. Future development of these properties must comply with the Aspen Glen PUD zoning, architectural design requirements and other applicable provisions of the Aspen Glen PUD and Garfield County regulations, which further ensures that any site-specific impacts from development will be flagged and mitigated through the development process. 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; Response - The Buffer zone was specifically created and was intended to protect an existing tree, bald eagle nest, and nesting birds. The tree and nest are destroyed. The eagles moved approximately one mile upstream to a new location adjacent to residential structures and outside of any eagle protection area. No additional impacts on wildlife or domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions are expected. There are no mapped wildlife migration routes through this portion of the PUD. Except for the river bottom and adjacent riparian areas, most of the original vegetation has been modified by human activity and development of the PUD. To a great extent, wildlife use patterns have adjusted to these changes over the nearly thirty years since the Aspen Glen PUD was approved. Infill development of the Subject Parcels will not disrupt or alter those patterns. Domestic livestock no longer occupies the property. The number of dogs per household has been restricted to one based upon recommendations of the Colorado Division of Wildlife, as reflected in Aspen Glen’s restrictive covenants. The restrictive covenants specifically prohibit all dogs on parcels within or adjacent to the Buffer Zone. Further, the Amended Pet Policy for Aspen Glen requires pet owners to have pets physically leashed and under their complete control when off the owner’s property, and to control noise made by pets within reasonable limits. There may be situations where hazardous attractions are created because of residential development through landscaping, household trash, grills/birdfeeders, pet food and other attractants to wildlife. However, the Colorado Division of Parks and Wildlife has readily available information about living with wildlife that is intended to reduce these conflicts. Moreover, those attractions are the same as the ones posed by all the surrounding lots that have been developed with residential structures. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Response - There are no State or County identified radiation hazards on the site. This was evaluated during the original and ongoing PUD approvals through Garfield County. 100 | Page Additional Comments Regarding Impact of Buffer Zone Modification: This Application does not propose a change to the underlying PUD zoning of the Subject Parcels, so there will be no change from the permitted residential use to any other use. The proposed amendment will not alter the PUD densities allowed on each Subject Parcel, and it will not add additional lots or dwelling units to the PUD. While the Subject Parcels are currently undeveloped and modifying the Buffer Zone will allow development of those parcels, the impacts of such development have already been analyzed, approved, and planned for. It is important to recognize these properties are not identified as open space. To the contrary, the County zoned and platted them for development. The Subject Parcels are and always have been intended for residential use. It is inaccurate for anyone to construe this land as open space. Amending the PUD to modify the Buffer Zone permits future carefully designed wildlife-friendly development on the Subject Parcels without impacting the approved Open Space within the PUD. Modifying the Buffer Zone will eliminate the restriction on golf course use, which is consistent with prior CPW approval for early play during the golfing season after the nest was destroyed and the eagles left. Aspen Glen Golf Club Management Company, which operates Aspen Glen Golf Club, supports modification of the Buffer Zone as evidenced in the following December 2, 2025 letter. 101 | Page Modifying the Buffer Zone to allow development of the Subject Parcels will not affect the enjoyment of land outside the PUD. Parcel 246 is in the interior of the PUD and does not abut any non-PUD lands. The PUD amendment will not allow either of the parcels to be more intensively developed or developed in a different manner than what is already allowed in the underlying PUD zone districts applicable to the Subject Parcels. Development of suitable lands within the existing PUD that are already zoned for residential development and for which infrastructure is designed and installed represents in-fill development. This will minimize impacts to properties outside Aspen Glen by reducing pressure for greenfield development in the area. Additionally, the public interest will not be impacted by the proposed amendment because (a) all the Subject Parcels are private property that adjacent property owners and members of the public have no right to enter upon or use, and (b) the amendment is warranted because CPW has determined the original nest which justified the Buffer Zone is gone, and the Buffer Zone is no longer necessary to protect a nonexistent tree or eagle nest and wildlife. Eagles continue to nest, breed, hunt, and roost within the entire reach of the Roaring Fork River within Aspen Glen where there are no eagle nest protections or restrictions. Residents in Aspen Glen as well 102 | Page as those in the surrounding area can still enjoy the benefits associated with these birds of prey as they travel the river corridor, play the golf course, and utilize the designated open space areas within Aspen Glen. Amending the PUD by modifying the Buffer Zone will not confer a special benefit upon any one person. It will simply allow the current or future owner of any Subject Parcel or portion thereof to develop its property in conformity with the approved underlying PUD zoning districts and approved preliminary plan just like all other Aspen Glen property owners are able to do. It will also clarify that Aspen Glen Golf Course players may play the entire course for the entire golf season without restriction as well as allow fishermen and river users to enjoy the riparian area within the Buffer Zone year-round. The PUD Resolution acknowledges the likelihood that the eagles may move in the future and therefore gives the BOCC flexibility to remove the Buffer Zone with CPW’s agreement. That resolution language, approved by the BOCC, recognizes that when there is no need for the Buffer Zone it can be removed without adversely impacting the PUD. The fact that the BOCC approved underlying PUD zoning for the Subject Parcels in the beginning and later approved the sizing and installation of utilities, road capacity, and other required PUD infrastructure to accommodate development of the entire PUD, including the Subject Parcels, further indicates that the County anticipated removal of the Buffer Zone at some point in the future. While the 2019 and 2021 emails from CPW and Mr. Dahmer’s report provide independent support for the conclusion that the Buffer Zone is no longer necessary, Applicant feels that modification of the Buffer is the best option for Aspen Glen. Modifying the Buffer will not approve or authorize any development that has not already been considered and approved by Garfield County under the PUD Resolution and 1993 Resolution. Modifications will update the Buffer with additional relevant wildlife protections, make it current with existing conditions, and will not adversely impact those within or outside the Aspen Glen PUD. This Application conforms to the LUDC and complies with the requirements contained therein. In addition, this Application conforms with the Garfield County Comprehensive Plan 2030. Further, the Application includes or otherwise addresses all of the submission requirements set forth in the pre-application summary that was issued on March 17, 2025, including information about the existing Aspen Glen PUD infrastructure and its capacity to support future development on the Subject Parcels. The Applicant believes this Application and the supporting documentation justifies modifying the Buffer Zone within the Aspen Glen PUD and therefore asks that the BOCC adopt a resolution that accomplishes that requested amendment. 103 | Page Mineral Owners - Names & Mailing Addresses The records of the Garfield County Assessor and County Clerk and Recorder were searched January 14, 2026 for mineral owners of record for the subject property. 104 | Page List of Mineral Owners 105 | Page Names and Addresses of All Property Owners within 200 Ft. of the Subject Parcels Information Obtained from Garfield County Assessor's Records December 2025 Aspen Glen Golf Company Land Use Change Permit Application Form Mailing List - December 2025 - Property Owners within 200 ft. of Parcel 239320200245 Property Owners Account Number(s) Chris Wirkler & Wirkler Living Trust P.O. Box 1030 9663 82 Hwy Carbondale, CO 81623 R011074 Bureau of Land Management 2300 River Frontage Rd Silt, CO 81652 R082660 KAWAVIEW LLC 33 Iron Horse Road Carbondale, CO 81623 R111469 Spirit Realty LP 3030 LBJ Freeway, Suite 600 Dallas TX 75234 R830192 Aspen Glen Golf Company Land Use Change Permit Application Form Mailing List - December 2025 - Property Owners within 200 ft. of Parcel 239320200246 Property Owners Account Number(s) Hickman, Kenneth & Kimberly 237 Blue Heron Lane Heath TX 75032 R083597 Gerson, Gordon & Elaine 68 Bald Eagle Way Carbondale CO 81623 R830165 Yun Suk Scott 140 Osprey Circle Carbondale, CO 81623 R830166 Brint, Stephen & Brown, Orland 306 Lakeway Drive Austin, TX 78734 R830167 Paula F. Walbert Walbert Family Trust 170 Osprey Circle Carbondale, CO 81623 R830168 Diane E. Sherman Living Trust 214 Bald Eagle Way Carbondale, CO 81623 R830169 Camp Carbondale 244 Raptor Circle Carbondale CO 81623 R830170 John Miernicki 102 Leonis Lane Carbondale, CO 81623 R830173 Holcomb, Victoria & Paschal David 244 Overlook Ridge R830174 R830175 106 | Page Carbondale, CO 81623 John W. Thackson & Marcia F. Hall 18 Leonis Ln Carbondale, CO 81623 R830176 Kevin L & Lisa Anne Reimer 2009 S. Broadway Grand Junction, CO 81503 R830177 Spirit Realty 3030 LBJ Freeway, Suite 600 Dallas, TX 75234 R830192 Names and Addresses of All Property Owners in Aspen Glen PUD Property Owners in Aspen Glen PUD Information Obtained from Garfield County Assessor's Records December 2025 Parcel # Owner Name Mailing Address City St ZIP 239319100396 SPIRIT REALTY LP 3030 LBJ FREEWAY, SUITE 600 DALLAS TX 75234 239319101001 JMS 2021 MANAGEMENT TRUST 4914 BROOKVIEW DR DALLAS TX 75220 239319101002 JMS 2021 MANAGEMENT TRUST 4914 BROOKVIEW DR DALLAS TX 75220 239319101003 COLORADO BROWNS LLC 4531 BLUFF VIEW BLVD DALLAS TX 75209 239319401004 396 BROOKIE LLC 610 E HYMAN AVE ASPEN CO 81611 239319401005 EDWARD J POLEN REVOCABLE TRUST 2780 RIDGE ROAD HIGLAND PARK IL 60035 239319401006 KINARD, KELLY G & TERRI P 1414 WOODLAND TRAIL ABILENE TX 79605 239319401007 WARD, WHITNEY O & VICKI M 918 BROOKIE CARBONDALE CO 81623 239319401008 WARD, WHITNEY O & VICKI M 918 BROOKIE CARBONDALE CO 81623 239319401009 FENDER, 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81623 239513407009 WANG, HONG MAX & SHAN, YUHONG 12515 KINGSRIDE LANE HOURTON TX 77024 239513407010 OROZCO MORENO, MARIO 642 SOPRIS AVENUE CARBONDALE CO 81623 239513407011 PLIMPTON, LEE REVOCABLE TRUST PO BOX 61 CARBONDALE CO 81623 239513407012 DEVERS, WILLIAM J III & CHRISTIAN MICHAELS 560 SADDLEBACK ROAD CARBONDALE CO 81623 239513407013 LUXURY HOMES LLC 602 LAKESIDE DRIVE BASALT CO 81621 239513407014 PETER HARRIMAN & MELISSA AMATO 602 SADDLEBACK RD CARBONDALE CO 81623 125 | Page 239513407015 JROC PROPERTIES LTD 1127 CARA COURT CARBONDALE CO 81623 239513407016 JROC PROPERTIES LTD 1127 CARA COURT CARBONDALE CO 81623 239513408009 COMPENDIUM DEVELOPERS LLC 5000 QUITMAN STREET DENVER CO 80212 239513408010 ROBIN & MARCUS HOWELL 351 GOLDEN BEAR DR CARBONDALE CO 81623 239513408011 373 GOLDEN BEAR LLC PO BOX 6095 SNOWMASS VILLAGE CO 81615 239513408012 KELLY, RAYMOND C AND JULIE A 174 WATERCOLOR WAY, UNIT 356 SANTA ROSA BEACH FL 32459 239513408013 GOLDMAN ISRAEL, SANDRA MAY REVOCABLE TRU 417 GOLDEN BEAR CARBONDALE CO 81623 239513408014 GERSHON, JULIAN 189 LIGHTHILL ROAD SNOWMASS CO 81654 239513408015 HOFFNER, BRENT 414 GOLDEN BEAR DRIVE CARBONDALE CO 81623 239513408016 PAIVA, JOHN D & SABRINA M 376 GOLDEN BEAR DRIVE CARBONDALE CO 81623 126 | Page EXHIBITS Exhibits A through H are submitted under separate cover with this application. 2. The Garfield County Planning Commission reviewed the application and recommended approval of the application with certain conditions on May 7, 1992. 3. The Board of County Commissioners established a date for public hearing on the application to commence on June 1, 1992 at 2:00 p.m. 4. Pursuant to evidence produced at the public hearing on this application, the Board finds: a. All property owners adjacent to the property that is the subject of this application received notification of the date, time and location of the above referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; b. Notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; c. The substance of the mailed and published notifications substantially informed interested parties of the subject matter and location of the requested rezoning. d. The Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon. 5. The hearing before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted, and that all interested parties were heard at the hearing. 6. Pursuant to Section 4.02 of the Garfield County Zoning Resolution of 1978, as amended: a. The PUD will provide necessary commercial and recreational facilities conveniently located to housing; b. The PUD zone district text and map direct the dwelling type, bulk, density and open space in a manner consistent with existing zoning laws; c. The PUD provides a variety of housing types in a layout allowing for open space ancillary to the buildings; d. The PUD will provide a more efficient sewage disposal system through the development of a regional wastewater treatment facility; 2 e. The PUD will minimize the traffic burden through the development of an upgraded State Highway intersection and the improvement of County Road 109 at the partial expense of the developer; f. The PUD, if developed to its full extent, will result in an increased assessed valuation to the property; g. The PUD process was used to develop a plan for the area that preserves the site's relationship to the r.iver, valley floor, and adjoining hillsides; h. The PUD will be developed in phases consistent with the ability of the infrastructure's capability to meet the development's needs. 7. The PUD, subject to strict compliance with conditions set forth herein, is in general conformity with the Garfield County Comprehensive Plan, pursua~t to the provisions of Section 4.04 of the Garfield County Zoning Resolution of 1978, as amended, and Section 24-67-105(1), C.R.S., as amended. 8. Subject to Section 4.07.01 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Aspen Glen Planned Unit Development will maet the standards and requirements of Section 4.00, et seq. of that Zoning Resolution. 9. The requirements of · Section 4. 07. 03 of the Garfield County Zoning Resolution of 1978, as amended, are met as follows: a. Subject to the conditions set forth herein, the impacts of the PUD and its surrounding area are appropriate with all unreasonable adverse affects being minimized; b. The proposed PUD provides adequate internal street circulation fer the traffic generated by the development. The private internal streets provide adequate access for fire and police protection, as well as bicycle traffic; c. Under the conditions set forth herein, the PUD provides adequate parking for all proposed uses; d. Under the terms and conditions set forth herein the Aspen Glen PUD provides common open space that is adequate both for the usage of its own residents, as well as members of the public. Through use of dedicated public areas, as well 3 as common open space, the including the Roaring Fork habitats are preserved development; BOOK 835 PACE3l18 natural features of the terrain, River, the wetlands, and wildlife and incorporated within the e. Under the terms and conditions set forth herein, the Aspen Glen PUD provides for a variety of housing types including single family units on various lot sizes and multiple family units. Additionally, commercial and recreational facilities necessary for the enjoyment of the development are provided on site. The common open space provides a variety of recreational activities including golf, boating, fishing 7 hiking and horseback riding; f. Under the terms and conditions set forth herein, adequate privacy is provided between the dwelling units through lot sizing, building envelopes, and architectural control; and g. Under the terms and conditions set forth herein, the PUD provides pedestrian ways and trails abutting natural terrain features to and along recreational features including the golf course for internal pedestrian circulation. 10. Subject to the conditions set forth herein, and pursuant to the terms of Section 4. 07. 04 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners hereby waives and modifies the maxi.mum building height limitations to allow an increase in heights for the following reasons: a. Under the conditions set forth herein, the increase allowed will have little affect on surrounding slopes and mountainous terrain; b. Under the terms and conditions set forth herein, and pursuant to agreements with adjacent landowners, the visual affects on adjacent sites will be minimal; c. There will be no extreme contrast or influence upon vistas and open spaces for the building heights allowed herein; and d. The uses of the buildings for which building height increases are sought are of a magnitude requiring increased height. 11 . The proposed PUD, under the terms and conditions set forth herein, will allow clustering of development in some areas permitting the creation of additional open space. 4 BOOK 835 ff,Ct309 12. The overall density of the development, under the terms and conditions set forth herein, and pursuant to the provisions of Section 4.07.06 of the Garfield County Zoning Resolution of 1978, as a.mended, will allow development of less than four (4) dwelling units per acre. However, no transfer of densities within the PUD shall be permitted from those zone districts and densities approved herei~ under the terms and conditions set forth herein. 13. The PUD exceeds the minimum number of acres required for PUD size. 14. More than 25% of the PUD is devoted to common open space. 15. Under the terms and conditions set forth herein and pursuant to the PUD Development Plan attached hereto as an exhibit, the PUD demonstrates the location and total acreage for each proposed use together with the limitations on lot size and total density within each use. 16. Pursuant to the conditions set forth below, all uses by right, conditional uses, minimum lot areas, minimum lot coverage, minimum set backs, maximum height of buildings, and all other use and occupancy restrictions applicable to this PUD are hereby approved by the Board of County Commissioners as set forth herein. 17. Pursuant to the provisions of Section 4. 08. 05 of the Garfield County Zoning Resolution of 1978, as amended, the applicant included in their written request for PUD rezoning all of the following: a. A statement of ownership interest and written consent of all property owners; b. A proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated common open space, type of proposed uses and acreage devoted to uses, a proposed major internal circulation system, the acreage dedicated to school sites or payment in lieu thereof, the general location of commercial sites within the PUD, the manner in which provision for water, sewer, telephone, electric, and gas would exist, and other necessary restrictions sought by the applicant; c. A regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilit~es; d. A site map indicating the boundaries of the PUD, its acreage, existing structures, and existing zoning; 5 ' g 0 c:.. ('~3/'l 1 DOOK d<J f,I itt . ...L below. Such conditions are a result of consideration of all evidence, including extensive public comment. STATE HIGHWAY 82 1. Prior to consideration of a Preliminary Plan application as defined by the County Subdivision Regulations, the app1icant will obtain necessary access permits for State Highwcty 82 (SH 82), the access to the equestrian facility, and the emergency access proposed south of the primary entrance point to the project. These plans shall include an assessment of a pedestrian crossing between the Equestrlan · Area and the primary portion of the development west of SH 82, as well as an assessment of the need for signalization at the intersection at some point during the course of development. The construction of the primary entrance from SH 82 will be constructed during Phase III of the project. 2. The applicant will submit a design for an at-grade crossing of the Denver and Rio Grande Railroad Right-of- Way consistent with Public Utilities Commission standards as a part of Preliminary Plan submittal. 3. At the time of Preliminary Plan submittal, the applicant, with the cooperation of the Roaring Fork Transit Agency ( RFTA) and the Colorado Department of Transportation (CDOT), will identify sufficient easements to accommodate bus turnouts adjacent to the project on SH 82. COUNTY ROAD 109 (CR 109) 4. Access to CR 109 will be unrestricted, and allow for access and egress of the site by all residents, employees, and authorized visitors of the project. 5. The applicant and the County will improve CR 109 in the following manner: (A) Section 1 (End of existing pavement at the Gravel Pit entrance south to the southwest corner of the 1/4 acre Residential Zone District adjacent to CR 109) . (1) The Applicant is responsible for 100 percent of the cost of design, engineering and construction costs associated with the improvements of this section of CR 109 to Garfield County Minor Collector Road Standards 7 BOOK 835 Plil1E3i2 if possible, including all engineering and construction costs for the necessary relocation or piping of ditches. The design will include 2" Asphalt surf ace with 4 ' shoulders. Furthermore, the applicant is responsible for realigning and other associated improvements to ditches impacted by improvements to this section of CR 109. These improvements will be completed no later than 12-1-1996. (2) The applicant will dedicate the necessary right-of-way (ROW) to Garfield County, currently shown as a 1.4 acre Open Space River District near Siever' s Corner, to allow for the realignment of CR 109 through this section. The applicant is responsible for all design, engineering and construction costs associated with these improvements. (3) The applicant will, where necessary, dedicate to the County the necessary ROW along CR 109 sufficient to ensure a 60 foot ROW through the portion of roadway through this section. At an appropriate point in time, the County will consider a petition to vacate those portions of the currently existing public right-of-way no longer needed for use as a public road through this section of the project. ( 4) The applicant is responsible for the design and construction of a bike/pedestrian path on the west side of CR 109 through this section. The precise location and length of the bike/pedestrian path shall be defined at the time of Preliminary Plan submittal. The bike and pedestrian path will be 10 to 12 feet in width, paved, and separated from vehicular traffic. ( 5) Sufficient coordination will occur betwe,en the applicant's engineer and the County's Road and Bridge Department to ensure that the design and construction activities between the two efforts are compatible and ensure no scheduling con£ licts. If construction is to commence prior to March of 1996, the County must be 8 83r::_ 3A r) BOOK t. ;.) Pl,GE ..Lu notified on or before August 15 of the preceding fiscal year to allow for the project to be consistent with County budget cycles. (6) The applicant is responsible for the application of dust control on the project site, in addition to CR 109 from the north end of the project to the beginning of the chip and seal surface south of the project on CR 109, approximately ( 3. 2) miles. Prior to the beginning of construction, west of the Roaring Fork River, a Dust Control plan will be submitted to the Road and Bridge Department for approval. (7) If necessary, the County agrees to institute condemnation proceedings to obtain necessary right-of-way allowing conb·::.ruction by the applicant through this portion of the project. All costs of such proceedings, including the cost of land acquisition, shall be borne by the applicant. (B) Section 2 (CR 109, From the southwest corner of the 1/4 acre Residential Zone District adjacent to CR 109 to the intersection CR 109 and CR 108). ( 1) Garfield County will be responsible for 100 percent of the cost of design engineering and earthwork costs associated with the improvements of the section of CR 109 to Garfield County Minor Collector Road Standards where physically possible and at the discretion of the Board of County Commissioners, including 2" Asphalt surface and 4' shoulders. The applicant is responsible for 50 percent of the cost of surfacing (2" asphalt) of this section of CR 109. These improvements will be completed no later than 12-1-1996. ( 2) If deemed physically possible during design and engineering, Garfield County is responsible for the design and construction of a bike path on the west side of CR 109 through this section. The specific location of the bikeway will be refined as engineering and design progresses. The bike and pedestrian path will be 10 to 12 feet in width, paved, and be separated from vehicular traffic. 9 ( 3 ) BOOK 835 P!,CE3i4 The County shall be responsible for all costs of land acquisition for this portion of road reconstruction. (C) Ditching and Piping. The applicant will be responsible for all necessary engineering, design, construction and piping or other improvements of approximately one (1) mile of the Kaiser and Siever's Ditch, from approximately Siever's Corner south. BALD EAGLE NESTING SITE (Buffer Zone) 6. An Eagle Nest Buffer Zone, as indicated on Exhibit F-16 submitted ,~t public hearing, will be established around the nest wht~e there will be no construction of dwelling units or human activities, except as established herein. The area of the Zone is described per a letter dated April 26, 1992 from Kevin Wright of the Colorado Division of Wildlife. Any changes or modifications to the Zone will require approval from the Division of Wildlife. 7. Prior to submittal of a Preliminary Plan, the applicant will submit building envelopes, approved by the Division of Wildlife, for the nine (3/4) acre lots adjacent to the Buffer Zone east of the Roaring Fork River. 8. Prior to submittal of a Preliminary Plan, the applicant will submit landscaping plans, approved by the Division of Wildlife, for the vegetative screening along both sides of the entry road and the downstream side of the bridge and along the east (riverside) boundary of Club Villas, Clubhouse District, per Kevin Wright's April 26, 1992 letter. The screening will be planted immediately upon construction of the entrance road and the bridge crossing the Roaring Fork River. 9. A timing restriction will be placed on the 10th hole of the golf course. If Bald Eagles have abandoned the nest and no eagles are present, the hole may be played from April 1st to December 31. If eagles are present, the hole may be played July 1st to December 31st. It may be played earlier, if there is nest abandonment and young have fledged. Any alternative plans for the reconfiguration of the 10th hole to allow earlier play must be approved by the Division of Wildlife. 10 Bn 'JI' 83r:) I' ~".,, r.: :_ [\ ·-,\Gt 0.Lt_) 10. There will be no construction or activity within the Buffer Zone, hole #10, entry road and bridge or facilities/units north of Hole #18 from January 1st to June 1st if the nest is active. Construction may begin earlier if there is nest failure and abandonment. 11. There will be no human entry within 100 yards of the nest except for nest management activities, activities related to the use of Hole #10, or normal ground and ditch maintenance activities. 12. No human entry will be allowed within 200 yards of the nest from January 1st to June 30th if eagles are present, except as allowed in condition #11. 13. There• will be a seasonal closure of the Roaring Fork River to public fishing/hiking access and Open Space River Park Districts within 200 yards of the nesting site from January 1st to May 15th except for float-through river traffic. Signs will be posted and maintained by the applicant alerting residents and the general public to this restriction. 14. The Homeowner' s Covenants will be amended to restrict all dwelling units to one dog per dwelling unit. 15. Coordination will occur on an annual basis between the applicant and the Colorado Division of Wildlife concerning the monitoring of nesting activities occurring within the Buffer Zone. 16. At such time as the Division of Wildlife allows removal of the Eagle Nest Buffer Zone, the applicant may request the Board of County Commissioners to amend the PUD. If approved by the·commissioners, the amendment only removes the Overlying zoning (Buffer Zone), and the approved underlying zoning will become effective. SOILS/GEOLOGY/HYDROLOGY 17. The Preliminary Plan shall have a building envelope designated for every lot within the PUD. All building envelopes shall avoid sinkholes. Construction upon debris fans and young alluvial fans with debris flow po~ential shall be avoided unless properly mitigated. No lot shall be created that does not contain a geologically acceptable building envelope. No lot shall be created that is smaller than the minimum lot size allowed in that particular zone district, and any density 11 UTILITIES BOOK 835 PAC~318 shall include provisions for the Water Quality Testing Program. The cost associated with the Plan shall be the responsibility of the applicant, and subsequent costs associated with the testing program shall be the responsibility of the Sanitation District. The results of each test shall be sent to the County on a regular basis. 31. At the time of Preliminary Plan submittal, the applicant will submit to the County a detailed Utility Master Plan that indicates the easement size and location for gas, electric, and telephone. Wastewater and water treatment facilities, and drainage/erosion control systems shall include line and facility sizing, in addition to the size and location of easements. WILDLIFE IMPACTS Equestrian Facility 32. The equestrian facility, as shown on the PUD Development Plan Map, will be relocated to the northwest end of the Open Space District. Furthermore, the Community Center proposed in the PUD application is deleted from the PUD. 33. Fencing will be 42" in height, four strand or less, with 12" kick space between the top two wires. If a rail fence is used, it shall be 48" high, three rail or less. No fencing will be allowed in areas not needed for grazing and existing fencing will be removed. 34. No grazing will be allowed in sagebrush. 35. All new utilities within the equestrian area will be buried. 36. Any access trail dEiveloped in the equestrian area will be closed December 1 through April 30th. 37. All dogs on trails in the equestrian area will be leashed. 38. All hay stored i.n connection with the operation of the equestrian facility will be protected by 8 foot fencing, consistent with Division of Wildlife specifications. 14 BOOK 835 PAGE319 West of County Road 109 39. The applicant, at the time of Preliminary Plan submittal, will submit a map identifying the proposed "Wildlife Corridor" west of CR 109. The map will depict the building envelopes and mitigation measures proposed for the 2 acre Residential District. The Division of Wildlife will review the "Wildlife Corridor" plan prior to submittal to the County. 40. No perimeter fences will be allowed in this District. 41. All utilities will be buried or raptor/eagle p~otected, per Division of Wildlife recommendations. General Wildlife Impacts 42. One dog will be allowed for each re5idential unit within the PUD. This requirement will be included in the Protective Covenants, and will be enforced by the Homeowner's Association. 43. Dead or dying Cottonwood Trees within the Open Space/River Parks will be preserved for cavity nesters and perches used by raptors/eagles. If such trees present a hazard, the Homeowner's Association may remove such trees at its discretion. FISHERMAN'S/PEDESTRIAN EASEMENT 44. The applicant shall provide a copy and plat of th~ fisherman/pedestrian easement, running from the open space/river park across the gravel pit lease to BLM Disposal Parcel 215 at the time of Preliminary Plan submittal. The recipient of the fisherman/pedestrian easement shall be the Division of Wildlife or the Aspen Glen Homeowner's Association. The easement grantee shall be responsible for maintenance and liability for the proposed easement. The easement shall be executed and recorded at the time of final plat approval. 45. To ensure continued use of the proposed easement, the applicant will submit plans at the time of Preliminary Plan to provide a pedestrian bridge across the Robertson Ditch. The cost associated with design and construction of the bridge is the responsibility of the applicant. 46. The applicant shall physically delineate that portion of the fisherman's/pedestrian easement that traverses the 15 BOOK 835 picE322 AIR QUALITY 58. No open hearth solid-fuel fireplaces will be allowed anywhere within Aspen Glen with the exception of four (4) fireplaces permitted in the clubhouse, as well as all fireplaces currently in place in existing residences. 59. All dwelling units will be allowed an unrestricted number of natural gas-burning fireplaces or appliances. 60. All dwelling units will be allowed one ( 1) new wood- burning stove as defined by C.R.S. 25-7-401, et. seq. and the regulations promulgated thereunder, 61. Conditions 58, 59, and 60 shall be included in the restrictive covenants and as a plat note on all Final Plats. 62. The applicant shall prepare a fugitive dust mitigation plan to address dust control during construction of roads, utilities, common facilities and the golf course. The plan shall be submitted at the time of Preliminary Plan. · 63. All air emissions shall be in compliance with all applicable state and federal regulations. WETLANDS 64. At least forty-five (45) days prior to Preliminary Plan submittal, the applicant shall apply to the Corps of Engineers for a determination of the impacts upon wetlands of the full project, and the appropriate permits required therefor. The determination of the Corps of Engineers regarding the type of permits required must be made before Preliminary Plan approval. 65. All building envelopes shall be located on lots such that no wetlands will be irapacted by foundation, accessory buildings, driveways or other accessory structures. These building envelopes will be submitted to the County at the time of Preliminary Plan submittal. 66. Covenants will be developed prohibiting the filling of wetlands contained within lots. 18 &8GK 835 ncE 325 REVISIONS TO PUD APPLICATION 74. The reference to Unit Transfer provisions (p. 68 of the PUD Application), Golf Course Approval Process (p. 69 of the PUD Application) and Subdivision Variance #4 (p. 69 of the PUD Application) shall be deleted. 75. The location of the Club Villa District adjacent to the Chuc Property and SH 82 shall be relocated in order to minimize impacts on adjacent agricultural land to a point consistent with PUD Development Plan attached to this Resolution. The density within the relocated Club Villa District shall be consistent with the depiction on the Planned Unit Development Plan Map. The revised Club Villa District may have no more than 77 units, and the revised 1/4 acre District cannot exceed 16 units. SCHOOL IMPACT 76. The applicant shall pay School Impact Fees as designated by the appropriate school district prior to approval of any Final Plat. 77. At the time of Preliminary Plan submittal, applicant shall designate all school bus loading sites requested by the appropriate school district. FIRE STATION SITE 78. A site must be identified for the proposed fire station site at the time of Preliminary Plan submittal. PHASING Phase I IA. II III IV V 79. The following phasing amends the proposed phasing plan included with the application (Phase II and Ila have been combined into a single phase): Commencement Date March 7, 1992 June 30, 1992 January 1, 1994 May 15, 1995 July 1, 1995 August 15, 1995 21 Completion Date December 31, 1992 December 31, 1993 August 15, 1997 December 1, 1996 July 1, 1996 August 15, 1996 MOK 835 P~GE328 Planning Commission and the Board of County Commissioners, shall be considered conditions of approval to the extent that such representations are not inconsistent with the conditions of approval .set forth herein. To the extent of any inconsistency between the conditions of approval set forth in this Resolution, and the statements and representations of the applicant, the conditions of approval set 'for.th herein shall control. CONDITIONAL APPROVAL Pursuant to the foregoing findings and conditions, the Board of County Commissioners of Garfield County, Colorado, herein approves the requested rezoning of the Aspen Glen Company from A/R/RD to PUD subject to strict compliance with the terms and conditions set forth herein. Additionally, through this approval, the Board herein adopts the PUD Development Plan, revised PUD zone text, corrected legal description and Development Agreement attached hereto as exhibits . ..... ,.,·,.·DA~~~>this ,t).q 1N day of June, 1992. ,._,• ; _,_ • '•II / .,r'••' -',, ,,J ,. ... ,. ' \' \ , - ; .··., : ATTEST: ·. (-:: -___ , ~ ' . .... . ..,.. , .· • c_,-:, : .. ··~-'. . '' . :~'-•: . -> i. . ' .. : ___ ;· .. ·.·.·. -~~:)fuard BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO B~ .~,e::~.1€7/- Chairman ',· ' ' . ' . \ ~-.\ \,. ... ··,. . . Upo~,,inotion duly made and seconded the· foregoing Resolution was'addpted by the following vote: Marian: I. Smith Aye Arnold L. Mackley Aye =E=lm=e=r__.(-B~u=c=k=e=y,___) ____ Ar=b=a=n~e~y~·----Aye Commissioners STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) I, Mildred Alsdorf, County Clerk and ex-officio Clerk of the Board of. County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. 24 EXHIBIT TO ~..SPEH GLEN RESOLUTION REVISED ZONE DISTRICT TEXT (1) Minimum Off Street Parking per DU 4 spaces Cu1-de-sac, pie shaped and fhg lots may have a less than minimum width measured at building setback, but no Jot shall have less than 25 feet of width on public access right-of-way or casement. NOTE: Each estate lot will have a predetermined building envelope within which all structures will be confined. The remainder of the lot must be left in its natural state, a portion of which shall be designated as an ri Area Prohibited for Development" on the PUD Development Plan. The building envelope shall be designated at time of preliminary plan. -3- · Single-family detached structures intended for individual lot ownership. (a) Permitted Uses (b) Minimum Lot Size (c) Maximum Building Height (d) Minimum Front Yard if Abutting Public/Private Street (e) (f) (g) (h) (i) (j) (k) Minimum LotWidth* Minimum Lot Depth Maximum FJoor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner LotMinimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-familY: residential . plus access01y uses except · guest and/or caretaker9s quarters; home occupation; existing main residence and guest house may be utilized as a Bed > and Breakfast for no more than 10 beds and temporary· clubhouse for the golf course. Temporarydubhouse uses ·. shall be the same as a typical golf clubhouse facility. 32,670 sq.ft. 25 ft. 35 . ft. from roadway . easement/ROW 140 ft. (at building setback) 175 ft. .25 20 ft. 10 ft. or 1/2 height of principal building. whichever is greater 25ft. from roadway easement/ROW 4 spaces * Cul-de~sac, pie shaped lots may have a lessthan minimum width · measured at bujldiiig setback, but nolotshaU have less than 25 feet of width on public access right-of-way or easem·ent. · -5- 4. 6:7:7K 835 P!,CE336 1/2 ACRE RESIDENTIAL ZONE DlSTRICT DEVELOPMENT STANDARDS: Single-family detached ~trnctures intended for individual lot ownership. (a) Permitted Uses Single-family residential plus accessory uses except guest and/or caretaker's quarters; home oc,cupation; water treatment facility (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (I) Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting County Road 109 Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Ya:-d Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU 21,780 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 120 ft. (at building setback) 150 ft. .25 20 ft. 10 ft or 1/2 he~ght of principal building whichever is greater 20 ft. from roadway easement/ROW 4 spaces Cul-de-sac, pie shaped and tlag lots may have a less than minimum width measured at buiicJing setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -6- 6. DUPLEX RESIDENT!AL ZONE DISTRICT 835 PltE33S B1~V!K DEVELOPMENT STANDARDS: Two-family attached structures intended for individual lot ownership. (a) (b) (c) (d) (e) ,' f) \' (g) (h) (i) (i) (k) (1) (m) * Permitted Uses Single-family residential and two-family residential plus accessory uses except guest ~nd/or caretaker's quarters; home occupation Minimum Lot Size 15,625 sq.ft. Maximum Building Height 25 ft. Minimum Front Yard if Abutting State High\l,'ay 82 50 ft. from ROW line Minimum Front Yard if Al)utting 30 ft. from roadway Public/Private Street easeme!lt/ROW Minim 1Jm Lot Width* 125 ft. ( at building setback) Minimum Lot Depth 125 ft. Maximum Fbor Area Ratio .30 Minimum Rear Yard 20 ft. Minimum River Setback (from 50 ft. for buildings Normal High Water Line) 25 ft. for fences Minimum Each Side Yard 10 ft. or 1/2 height of principal building whichever is greater Corner Lot Minimum Side Yard 15 ft. from roadway Abutting Public/Private Street easement/ROW Minimum Off Street Parking per DU 4 spaces Cul-de-sac, pie shanc1::1 and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -8- . BODK 835 p,iGE 340 7. CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Duplex: (a) Pennittcd Uses (b) Minimum Lot Size (c) Maximum Building Height (d) Minimum Front Yard if Abutting Public/Private Street · (e) Minimum Lot Width"' (f) Minimum Lot Depth (g) Maximum Floor Area Ratio (h) Minimum Rear Yard (i) Minimum Each Side Yard (j) Corner Lot Minimum Side Yard Abutting Public/Private Street (k) Minimum Off Street Parking per DU Single-family residential and two-family residentia: plus accessory uses excluding guest and/or caretaker's quarters; home . occupation; water treatment facility 15,625 sq.ft. 25 ft. 25 ft. from roadway easement/ROW 125 ft. ( at bu iJding setback 125 ft. .30 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway e2sement/ROW 4 spaces • Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured <tt bui!ding line, but no lot shaJJ have less than 25 feet of width on public ,.:ccess right-of-way or easement. -10- 7. BOOK 835 p,•,G~34j_ . CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Single-Family Detached: (a). Pennitted Uses Singl:.!-fami1y residential (detached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment faciJity (b) (c) (d) (e) (f) (g) (h) (i) G) (k) * Minimum Lot Size Maximum Building Height Minimum Front Y,ud if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimllm Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU 10,890 sq.ft. 25 ft. 25 ft. from roadway easement/ROW 75 ft. (at building setback) 120 ft. .25 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft from roadway "a:;ement/ROW 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building line, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -11- .. ; I I ! ·.! 8. GOLF COURSE ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses (b) Golf Maintenance Building and Accessory buildings: BOOK 835 PtGE342 ,. Golf course, golf mainten- ance facility, related activities, fire/security station and accessory uses; water treatment facility (1) Maximum Building Height 25 ft. (2) Building setback from County Road 109 and any adjacent residential land uses 25 ft. -12- 9. GOLF CLUBHOUSE ZONE DISTRICT DEVELOPME:l'.TT STANDARDS: (a) Permitted Uses (b) Maximum Building Height (c) Minimum Front Yard if Abutting Public/Private Street (d) Maximum Floor Area Ratio (e) Minimum Rear Yard (f) Minimum Side Yard (g) Minimum Off-Street Parking -13- MOK 835 ncc:343 Golf clubhouse (including but · not limited to, pro shop, restaurant, lounge, exercise facility, child care facility, locker . rooms, library and · memorabilia rooms, meeting and special · function rooms); Real estate sales office; Fishing tackle sales; Beauty salon and barber shop; Business services; Auto detailing, Reservation services; Recreational and related activities; Convenience store; Bed and Breakfast for no more than 10 beds 40.ft. 50 ft. .. 25 50 ft. 25 ft. 150 spaces plus one additional space per each bed in Bed and Breakfast facility MOK 835 PlCE344 10. OPEN SPACE/RIVER PARKS ZONE DISTRICT DEVELOPMENT ST ANDA.RDS: (a) Permitted Uses (b) Maximum building height (c) Building Setback From Residential Property Line or Road ROW -14- Passive and active recreational activities; park facilities; clubhouse with snack bar; fishing tackle sales; equestrian facilities; tack services; reservation services; water treatment facility; water storage ~nk~ and wa~ewa~r treatment facility. 25 ft., provided that water storage tanks may exceed such height limitation 25 ft. EXHIBIT '!'O ASPEN GLEN RESOLUTION CORRECTED LEGAL DESCRIPTION PAGE NO. 2 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION CENTERLINE N 17°00'00 11 W 238.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 48°00'00" W 547.00 FEET; THENCE CONTINUING ALONG SAID CEN'i'ERLINE N 31°00'00" W 203.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 60°00'00" W 224.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 65°30'00 11 W 220.00 PEET; THENCE CONTINUING ALONG SAID CENTERLINE N 69°00'00 11 W 350.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 59 ° 30' 00 11 W 316. 00 FEET; '11 HENCE CONTINUING ALONG SAID CENTERLINE N 27°00'00 11 W 331.00 FEE'r TO A POINT ON THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20; THENCE LEAVING SAID CENTERLINE OF RIVER AND ALONG THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20 N 8 9" 15 '5 7" W 4 4 0. 6 9 FEET TO 'l'HE SOUTHWEST CORNER OF LOT 13; THENCE ALONG THE WESTERSY LINE OF LO'r 14 OF SAID SECTION 20 S 00 • 01' 25 11 W 59.78 FEET; THENCE N 32°31'00" W 1283.00 FEET; THENCE N 47°20'00 11 W 1561.80 FEET; THENCE N 81°57'00" W 1659.05 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE N 78°07'04 11 W 1354.65 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 N 00°27'55 11 E 811. 92 FEE'I' TO 'I'HE SOU'l'HEAST CORNER OF LOT 14; THENCE ALONG THE SOllTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89°06'27" W 1335.68 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 13, BEING A GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH- SOUTH CENTERLINE OF SAID SECT::'.:ON 13 n 00°52'56 11 E 5332.05 FEET TO THE NORTH ONE-QUARTEH. CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE N 00°.11'14 11 W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 FOUND IN PLACE; THENCE S 13°28'04" E ALONG SAID RIGHT-OF-WAY FENCE 5::;J. 88 FEET; THENCE CONTINUING ALONG SAID RIGET-OF-WAY FENCE S og•os'41'' E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCES 17°42'56 11 E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 40°0J'42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-·WAY FENCE S 32°40'06 11 E 463.99 FEET; THFNCE LEAVING SAID RIGHT-OF-WAY FENCE AND FOLLOWING AN EXISTING FENCE N 89°53'09" E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 81°50'40" E 60.36 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°30'12" E 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°43'30" E 1113.97 FEET; THENCE ALONG THE EASTERLY LINE OF LOT 24 OF SAID SECTION 12 N 01°21'44 11 E 320.88 FEET; THENCE N 47°43 1 00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID SECTION J.2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 S 89°40'00" E 75.86 FEET 'l'O THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONG THE CEN'rERLINE OF SAID RIVER S 17°43'01 11 E 163.46 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 30°45'18 11 E 163.28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 51°43'05" E 662.76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 44°35'57" E 175.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 13°33'31 11 E 255.65 FEET; THENCE A-2 PAGE NO. 3 . ASPEN GLEN. CLUB .P.U.D •. PROPERT.Y DESCRIPTION BOOK 835 P,\CE349 . . . CONTINUING ALONG S~.ID CENTERLINE OF RIVER S 34°02'41 1i E 318.15 FEET: THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER . S 35°41'45 11 E 225.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 55°38'18 11 E 196.47 FEET; THENCE CONTINUING ALONG SAID ·cENTERLINE OF RIVER·S 63,;49'03 11 E .388.20 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 57°51'22 11 E 449.02 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 47°11'37 11 E 122.26 FEET TO A POINT ON THE NORTHERLY.LINE OF·LOT 12; THENCE LEAVING SAID CENTERLINE OF RIVER N. 89 • 49 '40 11 W 406. 44. FEET. TO THE NORTHEAST . CORNER OF LOT 11 OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE ·.oF SAID LOTS 11 AND 14 OF SAID SECTION 18 S 00·00 1 00 11 E 1336.51 FEET · TO THE SOUTHEAST CORNER OF SAID LOT · 14; THENCE· ALONG . THE . SOUTHERLY LINE OF SAID LOT 14 : S 89 ° 58' 06 11 W 672. 53 FEET TO THE SOUTH CENTER ONE-SIXTEENTH CORNER, BEING A BLM ALUMINUM CAP IN .· PLACE; THENCE ALONG THE .EASTERLY BOUNDARY OF LOT 15. OF SAID ·sECTION 18 S 00°36 1 33 11 W 334.72 FEET;· THENCE N 89°55 1 05 11 · E ALONG THE. SOUTHERLY LINE OF THEN\N~SW\SE\ 149.70 FEET.TO THE CENTERLINE.OF. , SAID ROARING FORK RIVER; THENCE ALONG SAID CENTERLINE OF RIVER S 25°46'54 11 •W 106.22 FEET; THENCE CONTINUING ALONG SAID CENTERLINE· OF RIVER S 07 ° 48' 26 11 W 289. 87 FEET; THENCE CONTINUING ALONG SAID . CENTERLINE OF RIVER Sl6°19'15 11 E 186.82 FEET; THENCE CONTINUING.· ALONG SAID CENTERLINE OF RIVERS 60°24'25 11 E 205.10 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF. RIVER N 76°51 1 11 11 . E 164.34 ·· FEE=.r; THENCE CONTINUING ALONG . SAID CENTERLINE OF RIVER N 81°47'36 11 E 280.37 FEET; THENCE CONTINUIN~ ALONG SAID CENTERLINE · OF' RIVER N 78 ° 29' 03 11 E. 233 ~ 93 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 81°45'25 11 E 314.48 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RI~ER S 6l 0 08'27rt E 374.17 FEET; THENCE · CONTINUING ALONG SAID CENTERLINE OF RIVER S 4 6 ° 4 8 1 3 7 11 E 211 • 6 2 . . FEET; THENCE .· CONTINUING ALONG . SAID CENTERLINE OF RIVER .. · .. . S 01•22 1 34 11 E. 113.14. FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 25°51'48 11 E 225.75 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S O 8 ° 4 9 ' 5 5 11 . E 2 6 9 • 9 8 . FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 31.27'28" E 259.89 FEET; THENCE. CONTINUING ALONG SAID CENTERLINE OF RIVER S 46°16 1 00 11 E 573.86 FEET; · THENCE CONTINUING ALONG SAID . CENTERLINE OF RIVER · . : . · S 59°53'51" E 279.72 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 41°56'37 11 E 388.06 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 21 ° 26' 41 E 286. 20 FEET; THENCE CONTINUING · ALONG SAID CENTERLINE OF RIVER S 08 ° 56' 52 11 E 81.11 FEET TO THE .NORTHERLY LINE OF LOT 3 OF SAID SECTION 20; THENCE N 88.33 1 13 11 W ALONG THE NORTHERLY LINE OF SAID LOT 3 385 .14 FEET TO THE NORTHWEST CORNER OF SAID.LOT 3; THENCE S 00°01'46 11 W ALONG THE WESTERLY LINE OF SAID LOT 3 425 .16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; · · · .THENCE N 89°58'18 11 E ALONG THE SOUTHERLY LINE OF SAID LOT 3 697.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT .. 3; · THENCE N 00 ° 04 '00 11 . W· . ALONG THE EASTERLY LINE OF SAID LOT 3 .407.22.FEET TO THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID WESTERLY LINEN 00°04 1 00 11 W 151.69 FEET TO A POINT ON THE A-3 'PAGE NO. 8 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION S 09°05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCES 17°42 1 56 11 E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 40°03 1 42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 32°40'06" E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD #109 S 32.40'06" E 25.66 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 20°26'02 11 E 562.19 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO ·THE LEFT HAVING A RADIUS OF 5287. 84 FEET AND A CENTRAL ANGLE OF 05°52'29", A DISTANCE OF 542.18 FFET (CHORD BEARS S 23°22'16 11 E 541.94 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 26 °18' 31" E 854 .10 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE 'l'O THE RIGHT HAVING A RADIUS OF 730,33 FEET, A CENTRAL ANGLE OF 19.45 1 06", A DISTANCE OF 251.77 FEET (CHORD BEARS S 16°25'57 11 E 250.53 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 06°33'24" E 156. 75 FEET; THENCE CON'rINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO 'l'HE LEFT HAVING A RADIUS OF 1635. 67 FEET, A CENTRAL ANGLE OF 19°07'06", A DISTANCE OF 545.79 FEET (CHORD BEARS S 16°06'57'' E 543.26 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 20°41'20 11 E 11.95 FEET; '!'HENCE CONTINUING ALONG SAID EASTERLY RIGH·r-oF-WAY S 29·02 1 45 11 E 367.48 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 29°19'46 11 E 501.69 FEET; 1rHENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 32°15'50 11 E 38.79 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 34°46'46" E 649.59 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 46°01'35" E 38.04 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 57°35'29 11 E 479.98 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57°36'01" E 517.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGH'l'-OF-WAY S 77°49 1 23 11 E 107.47 FEET; '!'HENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 78°59'34 11 E 402,07 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1001. 79 FEET AND A CENTRAL ANGLE OF 11°53 1 43 11 , A DISTANCE OF 207.98 FEET, (CHORD BEARS S 84.56'26" E 207.61 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 89°06'43 11 E 181.02 FEET THENCE CON'l'INUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 190.10 FEET AND A CENTRAL ANGLE OF 62°50'04", A DISTANCE OF 208.48 FEET, (CHORD BEARS S 59°28'15 11 E 198.19 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 28°03'13" E 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY ALONG THE ARC OF A CURVE TO 'l'HE LEFT HAVING A RADIUS OF 1494. 54 FEET AND A CENTRAL ANGLE OF 18°30'15", A DISTANCE OF 482.67 FEET, (CHORD BEARS S 37°18'21" E 480.58 FEET); THENCE CONTINUING ALONG SAID RIGH'I-OF-WAY S 46°33'28 11 E 453.89 FEET; THENCE CONTINUING ALONG SAIT1 RIGHT-OF-WAY ALONG THE ARC OF' A CURVE 'l'O THE RIGHT HAVING A UADIUS OF 1024.62 FEET AND CENTRAL ANGLE OF _;_q 0 52'05 11 , A DISTANCE OF 355.30 FEET (CHORD BEARS S 36°37'26 11 E 353.52 FEET); 'I'HENCE CONTINUING ALONG SAID RIGHT-OF-WAYS 26°41'23 11 E 161.91 A-8 PAGE NO. 9 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION ~ nr•1' Q~ r::) p11'r: ~ r:: r::) V, ,:_.\'.'\ l_J1 __ ..-,_ ;.,_ ,:i_, '-._:. t.... J'f.. .. FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG 'THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1902.23 FEET AND A CENTRAL ANGLE OF 08°22'57", A DISTANCE OF 278.30 FEET, (CHORD BEARS S 30°52'52 11 E 278.05 FEET); 'rHENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 35°04'20 11 E 518,24 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 89°15'57 11 W ALONG SAID SOUTHERLY LINE 6.66 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 00°01'25" W 59.78 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 32°31'00 11 W 1283.00 FEET; THENC:S CONTINUING ALONG SAID SOUTHERLY LINEN 47°20'00 11 W 761.88 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NC. 109; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1554. 54 FEE·r AND A CENTRAL ANGLE OF 09 ° 36 '39", A DISTANCE OF 260.76 FE.~T, (CHORD BEARS N 32°51'33 11 W 260.45 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 28.03'13 11 W 259.67 FEET; 'THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO 'l'HE LEFT HAVING A RADIUS OF 130 .10 FEET AND A CENTRAL ANGLE OF 62°50'04 11 , A DISTANCE OF 142.68 FEET, (CHORD BEARS N 59°28'15" W 135.64 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 89°06'43" W 177.52 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 47°20'00" W ALONG SAID SOUTHERLY LINE 41.37 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 81°57'00" W 723.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID GARFIELD COUNTY ROAD NO. 109; THENCE N 57°36 1 01 11 W ALONG SAID WESTERLY RIGHT-OF-WAY 513.47 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 57°35'29 11 W 486.06 FEET~ THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 46°01'35 11 W 50.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 34°46'46" W 656.82 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGH'l'-OF-WAY N 32°15'50" W 41.64 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29°19'16 11 W 503.37 FEET; THENCE CON'l'INUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29.02'45 11 W 372.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20°41'20 11 W 13.75 FEET; THENCE CONTINUING ALONG Si>.ID WES'rERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1695.67 FEET AND A CENTRAL ANGLE OF 19°01'46 11 , A DISTANCE OF 563.17 FEET (CHORD BEARS N 16°04'17" W 560.59 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-\-'JAY N 06°33'24n W 156.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 670.33 FEET AND A CEN'I'RAL ANGLE OF 19"45'06 11 , A DISTANCE OF 231.09 FEET (CHORD BEARS N 16°25'57" W 229.94 FEET); 'I'HENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 26 ° 18' 31 11 W 854 .10 FEET; THENCE CONTINUING A.LONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5347.84 FEET AND A CEN'I'RAL ANGLE OF 05°52'29 11 , A DISTANCE OF 548.33 FEET (CHORD BEARS N 23°22'16" W 548.09 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20 ° 26'02 11 W 555. 76 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32°40 1 06 11 W 479.34 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY A-9 PAGE NO. 10 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION :i,1'W R3r::-) p,,.,,. r,::;_~ ',...'•_•!•,, l .. 1t.. '--. ,J,:_t.!L-'t.~ N 4o"oj 1 42» W 183.48 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 17°42'56 11 W 744.93 FEET; THENCE CON'J'INUING ALONG SAID WES'rERLY RIGHT-OF-WAY N 09•05'41 11 W 567.76 FEE•r; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 13°28 1 04 11 W 297.39 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12; THENCE N 00°11'14" W 261.19 FEET TO .Tllli_')JUJE POINT OF BEGINNING., SAID RIGHT-OF-WAY CONTAINING 14.169 ACRES, MORE OR LESS. THE ABO~E DESCRIBED PROPERTY IS ALSO SUBJECT TO THE COLORADO STATE HIGH.WAY #82 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SI'rUATED IN 'l'HE NE\NW~ AND IN LOTS 5, 6, 7, 10, 11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUN'l'Y OF GARFIELD, S'rA'l'E OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ( ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEi-JUNG OF S 00 ° 01 '46 11 W BETWEEN THE NORTHWES'l' CORNER OF S.?-\ID SEC'rION 20 AND 'l'HE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE) BEGINNING A'r THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S 47°24'11 11 E 1785.35 FEET TO 'l'HE POINT OF IN'rERSECTION OF 'l'HE SOU'I'HERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND THE WES'l'ERLY LINE OF SAID NE\NW\, 'l'HE TRUE POIN'r OF BEGINNING; THENCE N 00°05'52 11 E 424.97 FEET TO A POIN'r ON THE NORTHERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY #82; THENC~ ALONG SAID NORTHERLY RIGHT-OF-WAY S 35 ° 21' 30 11 E 231~. 28 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMEN'T FOUND IN PLACE; THENCE CONTINUING .~LONG SAID NORTHERLY RIGHT-OF-WAY S 18°39'30" E 104.40 FEET TO A COLORADO DEPAR'l'MENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 35 ° 21 '30 11 E 1600. 00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAYS 52°03'30 11 E 104.40 FEE'r TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAYS 35°21'30 11 E 495.00 FEET TO A COLORADO DEPAR'rMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; 'rHENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG 'I'HE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5730. 00 FEET AND A CENTRAL ANGLE OF 04°21'31 11 , A DISTANCE OF 435.91 FEET (CHORD BEARS S 37°36'30 11 E 435.80 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 39 ° 51' 30 11 E 455. 00 FEET TO A COLORADO DEPAR'rMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAYS 52°59'30 11 E 44.97 FEET TO A P0INT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG SAID EAS'rERLY LINE S 01 ° 30' 51 11 W 94. 50 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF' SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT A-10 PAGE NO. 12 ASPEN GLEN CLUB P.U.O. PROPERTY DESCRIPTION BIJO~ 835 PtJE358 NE\NW\ OF SAID SECTION 20; THENCE ALONG SAID WESTERLY LINE OF THE NE,NW\ OF SAID SECTION 20 N oo·o5'52" E 173.26 FEET TO THE TRUE POINT OF BEGINNXNG, SAID PARCEL CONTAINING 13.936 ACRES, MORE OR LESS. NET ACREAGE OF THE ABOVE DESCRIBED PROPERTY EQUALS 938.407 ACRES, MORE OR LESS. REVISED 2/18/92, 5/28/92 EXHIBIT TO ASPEN GLEN RESOLUTION DEVELOPMENT AGREEMENT BOOK 835 Pic~36Q DEVELOPMENT AGREEMENT 'WHEREAS, the Aspen Glen Company has tendered a proposed Planned Unit Development to the Board of County Commissioners of Garfield County, Colorado, requesting approval of that extensive development plan; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has determined that such plan should be granted subject to extensive conditions, specifically including a detailed phasing plan. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE ASPEN GLEN COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, AS FOLLOWS: 1. The PUD plan submitted by the Aspen Glen Company, on or about March 3, 1992, and conditionally approved by the Board of County Commissioners on June 29, 1992, shall be deemed to be a site specific development plan entitling the developer to certain vested rights as set forth in Section 24-68-101, et seq., C.R.S., as amended. 2. The proposed PUD, as conditionally approved, contains a specific phasing plan at Paragraph 79 of that Resolution. Additionally, the magnitude of the proposed project, including a regionalized wastewater facility, development of a water treatment system, extensive on and off site road improvements, and development of over 600 housing units, requires that the Board of County Commissioners extend the period for vested rights attaching to that site specific development plan to and including the period of June 30 1 1992 through and including March 14, 2001. 3. The approval of the Aspen Glen PUD, together with th~ extended period for vested rights is specifically conditioned upon strict compliance with all of the terms and conditions of the approval of that PUD as set forth in the Resolution of.June 29, 1992. The developer shall comply strictly with the terms of phasing set forth in Paragraph 79 of that Resolution. By specifically noting that strict compliance is needed with the terms of phasing, neither party herein diminishes the obligation of the developer, the Aspen Glen Company, to comply with all of the conditions set forth in the approval of that PUD. The parties to this agreement recognize that the failure of the applicant to comply with any of the terms and conditions of approval of the PUD as set forth by the Board of County Commissioners, shall subject the applicant to a forfeiture of the vested rights agreed to herein, as set forth in Section 24-68-103(1), C.R.S., as amended. ` L992 Sec. BaId Eagle nest site observations along Roaring Fork River, 19,T7S, RBBhl. March 1"7site. l-9 started noticing 2 batd eagles remaíning at nest March 2O , 1992. Observer: Kevin Wright, DOI^¡ 9:35 a.m. 1- eagle perched on side of nest. 9243 2nd eagle flew around and below nest and then up to nest; brought food to nest. Female standing withhead down feeding on food.Rubbed bifl on límbs,pícked up twigs and rearranged them. Began feedinggi4g Female laid down in nest. Moved back and forth in rocking rnotion as she sat down. She began to preen and male perched on edge of nest. 9:50 Female head above nest, alert 9t56 male vocalízed 9:59 male vocalized, short burst LO:00 male vocalízed, 2 short bursts 1-O: Ol- male vocalized L0:08 female stood up, put head down, moved sideways a few times slowly.1-O:l-l- rearranged nest, sat down rocking, head bobbing, then shake l-0:1-4 male vocalized, rnale never síts on nest LOzl-7 female stood with head down, Iool<ing directly beneath her, then sat back down, rocking motion l-0: L9 male vocalized LOz24 srnaller bírd landed on branch next to fenale, she vocalized immediately. Small bírd left. LOz27 male vocalized, short hÍgh pitch burst LO?29 male vocalized, 3 short burst (2 togetherrthen 1-) l-0:34 male vocalized, rubbed bif Ì on branch, preened. L0:37 female on nest, neck and head stretch upward with open bifll-0:39 f eñale lowered head; l-0:40.35 head back up, male vocalized several times l-0:42 male vocalizedi very short 4 times Ioz44 2 small bírds fluttered around top of tree above nest, female watched and followed movement with her head L0:53 female became more al.ert, looking around. Lowered head with bobbing motion, neck compressed LO:55 male vocalized Lo:57 female crouched up with head looking directly beneath her in nest 10:58 female stood up, moved to branch with male, both EXHIBIT C 1o:58 female stood up, moved to branch with maler both had theír bllls open. Male clÍmbed onto female moved to tail, wings open (copulated?). Moved alongside female, fernale left. Male made periodíc vocalizations. 1-1:09 L1":58 female not returned. male not on nest but perched on its edge. t4ale vocalized every 3-5 min. Vocalizations appeared to be louder arld different LL:58 I had to leave, fenale not back L2,41 f checkecl on nest. Fenale back sitting on nest, male perched beside nest. I arrived back at nest. Fernale left nest, male remained or¡ nest perclred beside it. Female was probably on nest 3* hours. female ¡tot back; I got, called awaY I returned, fenale back on nest, malê gone. Female facing inÈo wÍnd female alert, looking around. MaIe not back female not voca.lizing much. She did once, Several blackbirds flew by, fenale became very attentive and alert, back to previous posture after birds flew by. I had to leave. Female still on nest, male nor back. 3-2I-92 Observer: Kevin Wright, DOW 4: Ll- 4 :48 5:1"5 5:30 5:34 3:53 p.m. 6:00 a. m. Br24 8r26 Bt29 8:45 9:00 10: OL 7 z5O B: 20 male perched on edge of nest, felnale not there fernale arrived. Male raised neck with bíll open several tines. Female flew up to perchecl male bills open vocalizitrg to each other. Fema1e preened breast feathers Both bírds on edge of nest, heads went down, then st.retched upward with bills open. Bobh higlr pitch and rapid vocalizatíons. Begíns to snor¡¡. Male left female turned aroundrfaced other $tay on perch. female not on trestn remaíns perched alongside snowing harder same as B:45 same as B:45. f had to leave. 9225 a 9: 30 3-22-92 Observer: Dave Clark, Attdubon Society one bird on l{est side of nest standing facing west turned to east, climbed on nest, then hopped ottt to dead branch to NE tevel with nest top 2nd bird to branch just NE lst bird put beak straight up and appeared to make sound just as second bird came in to land Ist bird opening and closing beak 2nd jumped up ríght next to first, then climbed sl ightly higher, 2nd then on to nest, head downrrocking side to side, then lowered and sitting with head looking N other bird off facing s nest, preening feathers, periodic preening, sun out Bird on nest, üp, junped up to branches facing N on [^7, vocal i zed rattle , preened , scratched head , shook both trirds just sittíng, sun out again bird to E stretched right wing and called 3 times Bird to E stretched left wing Bird to East onto nest - moved twigs around, head down ínto nest moving twigs Bird to üV flew off, other bird immediately moved to perch other had been on to NW of nest, Iookíng to N[tl m 9:31- 9:36 9:40 1O: l-6 l-0:36 1-O:58 l1:02 l-1:03 11-:05 Il:32 1I:55 l-2:30 p. L2:35 I:39 l:57 2zO4 2z05 22L1, 2zLB 2223 2¡24 2:29 2: 38 2¿4O 2r5l m 3 sharp calls sun bhind cloud, bird in same position no change Ieft for lunch returned, one bird stitl siting to N[rl of nest Bird left perch flew off Larger bird back on teft side of nest feeding on something betow view in nest other smaller bird back both standing on nest smaller bird hopped to left perch on decl< branch smaller bird wiggling head, rubbing beak on branch Larger bÍrd moved off nest to NW perche (faint call) Larger bird (2 quick calls) smaller bird again rubbing beak on branch smaller bird on to nest, head into nest, then down Iow so only head visible, head bobbing as it appears to be feeding ono naterial in nest. top of head facing SE only thing visible on bird nest Both birds relatively still bird ín nest apparently feeding again, 3 calls'3 moreBird in nest, clirnbs out flies off to SE, 3 seconds later, bird on NW perch, flies off to W 3 :00 3 225 3:43 3:46 4246 4:52 5:35 3/23/e2l 1O:4L: 1O:41 1l_: oB 1l:24 t2¡36 t2256 l:00 2r45 2249 3: O5 3 222 Larger bird back on left side of nest, into nest facing Sfv, back vi.si.ble, front of head hrehinrt top tree braltclr other eagle perched in largest cottonwoocl ín center of fíeld-to È of nest tree, about Lo feet below top, to L of maín central branch Bird up off nest, flew off to same cottonwood as other tjirA perched higher to right Bird from Rt ín cottonwood flew back to perclr on W side of nest, landed facíng SE other bírd stil.l in cottonwood Bird onto nesb, feeding again briefly, tlren sittíng with only lread visibl.e, f acing SE to E Both birãs have remained in previous positigns for last Ìrour with very líttle movement Bird on nest turned around, wobbled for few seconds, settled again witlr head to W parti.ally behlnd larger tree lirnl¡ as before Birds ín same locations Observer: LarrY Green, Dfi¡M . Weather overcast and ligttt rain Sitting on nest head up, alert : only one eagle present Éagte got uP, lowered head and moved ít side to siáe, ihen mäved whole body from sÍde to side wlrile turning body 90 clegrees. Rotate body back to nearly origináI position a¡rd settle back down. Wlrole bgOy is liow rotated about 45 clegrees f rorn l-0:41- positf on Raíning moderately turnlrrg to snow Weathei has eased snowing very fightfy, Bírd did have some snovt stickíng to her', tleacl feathers wet. Bird got off nest and stretched wíngs (clear off nest onto a branch) ' Appears to be drying feathers by flapping wings and holding wings out a few seconds Male f ties int,o tree and vocali,zes. Female leaves trees. Male rubs beak on limb. Female just moved to 'nearby tree. Starting to rain lightly. Male sti}l standing on llnb with back to nest. Female gone since 1:01-. CoId rain coning down stea<lYqui.t raÍ.nlng- no change on rlest MaIe vocalized, Female flew back to tree-she went into nest, dld her side to side waddle and sat on the nest. Female does side to side waddle and repositiotls self.3t27 3 /24 /e2 | I :4O p. n. l:50 p.n. 2zLO p.m.Left area. 3-26-92 Observer: LarrY Green, DOW B:30 9:30 Eagle on nest probablY fenale Eagle has not left nest since 8:30 - only one eagle bird observed. Left at this time. 3:35: 3r34 4 t53 3-27-92 8:30 3-30-9 2 7'!,1,O a . m. 8:L5 a.m. Looks like she is picking at her breast feathers. No feathers seen in beak. Both birds stilt in tree. I 1eft. observer: Mark Konishi, AWM and Ron St. PÍerre, Technician we observed a lone bald eagle sitting in the nest. Observations htere made fron the Chuck residence. l.le observed the eagle drop its head. It appeared to be rollíng an egg or eggs. The eagle also made a rocking mótion ás it sat down ín the nest. We did not hear any vocatízation, and we díd not see the second bald eagle. No bird on nest. No bird visible Still no bird observed continuously sínce 3:30 No bird on nest. Chuck saíd it hadn't been there. Observer: Mike Keneal.Y, U. S. F. S. Eagle standing in nest no eagle in nest (observer Kevin Wríght) , ' l1'.J ' blvlslonnl Corresporrdellce 0nly $TATE OF COLORADO trlïVIgrOl-r ()f: WILÞt-IFE 0tPÀRllltlll 0f lltltlRlt Rt$0|,Rcts 0ÂTE: l'làrch 2S ' l9S? TO: FROH¡ SUBJECT: i'lark Konl slt I Jerry Ct'alg Buffer zones or ba eag I es. Hel'e are two referenÔes for buffet' zolìËs' Ths sJngle p69e 'Tls daveloÞecl by Patn sch¡rurr et, ar. rn coop6l.ât1on wtùi it,e Forest s*ru'i"" åt''i glu' ,T^e other ls the appendlx fronr ttre tlorl'Brn Stat,ô;'u;iJ Èagìs Racovery Plâll' Undo,bterlly' we can ¡rodtfy rhese ." îåäË ïpååriið i"ururês 8t your slte. Good t-uck! - ='-- BuFFEnzoNEs^t-lt)$EA$C,NALnESfnIcTlol.lsrOnnAPTOnNEsTs EÀLUJllqLE Noet Slts: yeâr round cìosure to surfacs ocorrparìcy (rleyorrd that wrrlch hlsto-ricnlly ocour.ed tn rhe area) r.iri,rri r-l4 mr1ç. r:ncrrss of .ncs!.' Ñ;i*Ij:{ =i.,ïi¡i1iT'ii:: J? thrpustì-July-ao:iiini;' iti miio ratiitls or t!r,e:-neFt' Tol;al pc prorecrron r u tià'riirå i:olt,,u or tirã'nåur, iitiå ciôguro rs more externsrve than tha Norther. $taies Bard Eagre n"ääuurï pru,', crue to habrt'at usocl bv colo'ado's nesr,trrs Baru Eaéiãs. Astoa-troiì-irå.-cåloratlo tiuåÁ lir conlf e|ous forosts' ål I ottrers ara in ."íiã."ooÎ"iiüoii;;ï ü;- h''ãt ¿onii'-ltuut the vesotntiotral densltv' and thereror" o¡nä;;ï; or'tãr^e'i ¡v li" hnblbats ltr the lal<o stnt'es' Tjfïlri"iil;..0 u, ernrrnared wlurt¡¡=ll4--urre radryî,'l wJrrt¡¡' roosts bet'wesn *November. l5 and t,ter,ch 16. uevoiıp-mãñ[ mav u. päiit'iit*¿ at othor rrerlorls' 1f perrodlc vrsrr* t'Jîoîi'ou-or] .";.11 marrtena^"n *o,it i in r.qur.ar,.wrthtn the buf fer zone aftor.creveropment, âcrJvrtv';üi¡ Ëu ,.*i;í.¿;i tä irru hours of 1000 ancl i¿oó nurt's f rom Nävember '15 to llarclt l5' coJaE[=ËasLr i:Xi'tttff; crc'upâncy (beyoncl tlrat whlch,hls-torl.,t:l^1l :îi::::î"":,:lr:.1"t].i*lllt t/4 rnl le l.aOtus- oi ihe' nest ;ì;; *u,f uttoct.t",í ait*tr''ate ltests' sensotrnl restrf ction to hurnan encroôcJrm-lit ïrirrl n 1/2 m'lle of tha nest ancl ¡nv nìternate i,ãttn f ront Fetrt'uary 1 t'o Juìy l5' QÊEBEY il:-å'itsJ occuÞår'rcv (bevon<J thnL wlrlch lrlîlPi]:'J^rï?i.".ïî,:jli:'"1*,,i'3il"1LtT)tt r/4 mr re of rhe';est s.rre, snu"oirui"ü;;t'ìòito" t' humnn ertcroachmanb withln 1/2 mt ls of tlre no*i f rotn Aprl'l i ¿; Àug'*t 31, Some osprey po¡rtrlal' lotts ltave habrbuated and are roìer^ånr to trurnJrr;;il;]ry tn tlre rnrnradrate vlctrrltv of thoor nests. FËnnuGrilous llalt[ il:tl,:rtTJ occurrarcy (beyorrd rhnr wrrrcrr rrlsror'rca'rv occurred rn tlra aroa) wlt'hln 1/4 nrl le rnd lus of' ttre nost * ite, unq u'"o"iuttú aì [arrlaLe ttesbs' Sensonal restrlcLton t,o llurnan errcroachmäirL "rttrln l¿e mìie of ttttn tlesL atld artY rllt'ernnte nests from February r to ¡urv is. Thts ,puc'tãs-ls espec{nlry pro^s t'o nest ä¡ãnOotlt"rrt dui i'ió 'r ncubnt J on I f dl stur'bed ' ¡gçg¡gn FALcQil l|T-r1,,:rt"'J; occrpn,ìcy o,nyorrcr urat whl.clr hlstorllll]ï.'li'lltlî1,lll*iï^l'ïîl,,iltli" t/z nire rnd,r; ;r itù ,ínnt srie. No humarr oãLruitv o. drstu'bn.oe \'rlt'hln 1/4 mlle radlUs of-Llre rrest site from llarch 15 t'hrotlgh 'luly 3t' PßAIBIF- tA[-oQ!t il:n,i¡rtti occupsrìcy (beyond thab whtclr hrsrorloaty occur.ocr r^ tlro area) wlthln r/2nre of the nesú slbe, s"aro'åì ì-rlr-rctrorr to'rruman errcroacrrnre't wlthln l/4 ;ii; lr tfl. rtest f rom t"larch 16 to Juìv 31' g Coll, t'l N 6 RFERENCES . lgIg, llablbat ntnna.r,emortt gtllclos fot'blrds of pl'try' Iectttllcnl Note o.J38, U.S. tlt,ronu óf l.anrl l{anagenìortt, Daltrrer Serv'lcs çrjlìtsr' Dettvat'' C0' Prr Nor't.lrern st,ates BalcJ Eagìe Recoverry îen¡1', t983' l',lortlror¡t stnt'es Balcl Ëagìa nåcovery pi;ri. ti.s. Flslr anct tllltdllfo servlct¡. l5p. Rocky Hottntaln/soubhwest. Feregt'lrro Fnlcort Rocovery Tonm' 1984'-Ânterlcnn Þeregrlne falcon Rocky Hourrta rnzsouilñwesf lnpulattorí t'6çovery plan. [',s' Flslt arrd |ll'tdllfe Serv- l0$PP' Swenson, J,E. 1g79. Fact,ors affectlrrg status and reproductlCIn of ospreys itt yellowsboris riartonal pa.k, J. nnildl. llnnage' 43:595*li'l' (updatadr Hrrch ?3' lgE2) iì 1, ¡, '¡ d \jl t. I i'ri I I "Ìì .j ¡l ^!,.... . r. ,l a i I I b -z l, ESsIIITIAL IIABITAT DT.F INITIOII AND SIGNIFICANCÊ Ëssentlaì habitats âre locations ttrat blologfsts conslrler necessðry for contlnued survlval and recovery of u specles. The spec les requ irements cons ldered ln the lega I des lgnat lon of Crltlcal llabltat are used here to ltlentlfy essential habltat. Ttlese requirements lnclude, but are not lin,lted to: 1. spåce fçr indiviclua'l rnrl populatlon growth and normal behavior' 2, food, .water, alr, ll9ht, fiìltrerals 0r other nutritional or phys iolog lcal rertu lrements, 3. cover or sheltert 4, sltes for breedl¡g, reproduction, rearlng of offsprlng, ancl 5, prtltec t i on f rom rl i s turbance . Essenti¡l habitat are¡s stroulrl receive appropr'iate nrartaqetnertt. Reconnended guidelines for identlfyirrg_ Êssential habitat ln the Region rre dBscrlbeð below, Specific ðreas óf essential hnbitat have not þeen identlfled ln the Pìan; that task is the res,ponsibilit.y of state and f ederal agenc ies as ident if ied irr section 1.2 oI tlre step-down Plarr. HOwever, iS these äreåS âre iderltified, tlte appropriate tish and Uil¿litå Reglon should be contacted as to the locatiotrs. Critlcal hnbitat for the bald eagle has not been determined. *29- ßNTEDING }IABITAI Breed ing hab i tat, lnc ltrtl ing al I potent i a I rreðs, tlternate (defined in Appendix D)'. and houlð be considered essentla-l -habitat. ðeiineatloni ai eaclt üreä are as follows: l. Essential habitat üt each nest slte ls consldered generalìy to encompass a itiil¡flurn. . çrf 640 acrç's, including aquatlc und ter:r'eitrial nar,tiài ui¡{ for foraging, artd essential ieatures of .ir, water, iit,i, i;;¿'iolitu,ie neiessary ior" the breeding pair qt the slte. lthere sufflcient information exists ttt Show that 640 ACreS probably ðre ttot suf f icior,t, a lnrger areð ShoUìd be considered essi¡'tial; I íkewise, if it can bB cJocunteltted clearlyt less than 640 acres mÐy suf f ice arrd lrt some instances tracts ntay be considered (see &rpenctlx I ). 2, lhe conf lgurat ion of essellt i l'i han itat at each s i te may vûry' but shoulr! coi'respond to ìegal iarto lines or survey descriptions to facilitate llstlng arrd iCentification in public cloçuntents. Ilte actuaì nest struciur e(s) clces (Oo) not need to be at ttre center of the area nor must the uree be in any partlcular configuratiort (e.9., $quare), of hígh nesting densltY, a larger habitai. may be more approprlate than 3, In ôreas essentfal 0nê$. and occup f ed breed i ng l¡f requently-. used areas General guideìines for single urrit of several snaller un ìe.ss f eed i ng ür0üs or relatively far removed 4 Essentlal habitat should be crtntiguous other essenti¡l habitat conponerrts ðre from the nesting ôrea Essentlal haÞltat may inclucle private as well as publ ic land. Essenilal habitat des ignations àss0c iated with -luee-dljtg* glqas that þecoile aÞandolled should lqnlaiir in-eff-ect, p¡ovi¿ed -tbÊ sites remg-lä--óuii,ãtlié-to. reoGcupðtion. tf the breedirtg areas are reriããreO per.rilanently unsul t¡ble the essent'ial hal¡itat desigrratiott may be removed. EsSential hatrìtat associated with unocctlpÍed and potentlaì fieiOing ðreas ls difficult to determine. Thls ls best done by Consideitng areas t¡at are sinrlìar to known oçcupled sltes artd b"y consulting with knowledgeable persons. 5 6. 7 ! ll 30 ÏhepurpOseoftheseguigelilreslstoprovideminimumcrlterlaifor protecting bald eagles, '-i- jlt:.lr breed ing 'areas f rom human dlsturbance and to preserve anã etthance iutportont tr¡iitat features of these nreas' '[he criteriå are basetl on a. tytiîft*ìli of exls!ing guidellf*: tn present use by rhe u.s. -r;;;il servtce ii'ffJ.n"'l:qìä'i' Û"'s' I'lsrr an¿ ïlilrlìlre Ëãiulä., anrl ttre'vier.¡s of eagle researchers. l\Ppend i x E I,TANAGEHTNT GUIDELTNËS FOR BRETDING ARE'\S ür nests for ilìðnY Y ears, tlteY frequ Although eag entlY move les often use to dlfferertt s pär Ite s. ticul Tur nover of existi ìosse s to wind'changes bY the eag ìes r an d other nat,ural ng fa ctors m fre s tst ay be f rom as muclt as tZX of tl¡e sltes Per Y ear. Ëag le "reðl estater'ls much less àrìs. Thusr the c nd manageme nt of nesti ng flxed than for hum onserwljÜ--a the -irlentlf ïcãtìoä'ãñd þr es ervå ti 0n hab i ta t is f¡r more fmp ortant than o spçç if lc nesI iite sc)r even b ree ding areas. Ëag le toìerance of ltuman P re$ence is higltlY variable,both seasona ì lY and ämong different individt¡als or Palrs of eag les.Sorne--baj d-e0g les c.eÞ-t . PqQ-P-le boa ter s ,h lkers, catl 'ins, roads,and other humatt ¡est-an-tl ae- Þnesence -ln -very-:e'lose-proximitY'oossitlìY as a xtremelY irrtol 6e -recôgñ íteil resu I t of hab'ituat ion, erant _qnd be disturbed 0n the other lrand, som emaybee tr both research and .*_t:e-adj-ly.Ihis var labì I I ty must be conserväf ive and assume tltat matìa9emefl t,t'Íanðggm en t shou ld I nto'leran t blrds mity resen i now tir i n tlte iuture.He shottld bebep esp ecialìy conse rvative irt är eös vt1 th low qgpu l at ions. Arl nest,lng -dj.rJ,urb ïr. rrestingeaglesaredlsturberlmoreeasilyatsometirnesofttte season tlran ;i otñ*"' .rä;*pertód's ot senilti-vityJo- anee carr be t,lerriiri;rt i;i n*tt'gîiiî;;-Tiie'e arô às foìlows' r4osr crr!_l!sl p-erLqq. pr.lor t' Brî,Jîil:n illi,å:nlf;i,'1,1,"n"1i Ï:g¡itl["]Jl;iJit i'ij,.^ii! -;;;i'rnroi*'"inË or externar distur'bancesanrlmayreadilya.bandontheðreir,.fhenrostcritical per iod f or ¿ istrrü'uïr*r- tnrref ole ïxten¿s f rom appro'Ii['q!9ly olte montlt prior to egg ìaying th¡ough the incubation period' i,todg¡q!g!)- gi-iJ!.c-ð"1- Prglgll'^^,Thls ìnr:lucles àpproximat'et''ii: mon*r f,rlor ro -'tñê 'ã6ıG perio¿ and abotlÈ f our weeks ðt t harctrirrq. Prior io-tnä nesti,,g tätın ìncliv.idual pairs 'f eagles vary conslcterabìy in tin¡e ot, ruiur:n' to ttre.'-irest site or'. if permatrent |.ns t,ï'*tttl, ' ilt-t t f rnä ":"tttty beg i n to come int'o þhysiologicaì t*¿iiìo^ - for UtätOtng-"auti i'eto"ìe senslt'jve t'o 2 . ET dlsturbance. After lratchlng the chicks are qrrite vul.neroble ttl ìriãiàrent weatner artrJ neðd freqtrent broodlng àtltl feedlng' niçturbanCe Can -keep aduìtS f¡om. nests Anrl' dependìng on. t'he-Ë;iÌi-r-in¡J laiii¡ttt oi t ime irrvoìvedr rìöÏ cnuse ueålierr lng. or^ tle atlt öi-àrrickE, tlre.- adults ðre qrtt!e prot.ect.ìve of the rtest' slte aç lorrg as pne oi more treålthy,'clricks. nre present, IltuSt disíurntnce ðt this tlme f s less critical, aìt'hou9h st'il I polérrt la I ly detr f nrental, than durlng t-he pre-lay ing anrl incubat lon Per iod. critical Der10d. Ttris perfott extentls frorn tfie tlme chicks ãbnif¡iiu'm¡¡tn of oge 'urrt i I apProx|mate ly s i x ureek 5 af ter' glng. Durirrg thls tiire aduìts ôre still quite attached to ino àreâS nft to lerate moderate amount$ 0f ltttmnn presence ' iiËtiô'i sltottld be tlecided on a cilse by cåse basls' 4.Notcrlticalperiod.lheeXlstellceofthisperioddepends0n mãili¿f-¡di¡jt5-afä-permanent residents in their nesting år'eas. tn most regions ¡duìts ìeave the vìclnlty for a few weeks 0r monilrs *n.tí year. Du-r-íng--tlre liry, t!,gf--.qt:q--9qne -glle treed be conee,,,,,ed -ôníy wttn actiiíiJli iilit ãlíei- ilie- tiabitãt ln iu,ivi thãi would rnake lt unsuitable for future nesting' The timing of these perior!s depends on geographlc locatiorr' Ê';rglas tend t0 briecl earì-l_e¡- f.p.rtl.er --so-uth. or ln coastal loc,atietrs. Èitåuliirrmdñl'"trf--criiicåi þeiiıril tn managnrerrt plartnlng wiII thererore depend on the timirrg of nestlng 1n each ñrea' l4anagement of nestlng üreas will depeltd-on the amourtl- of süitäbìe habttatl numbers of patis pt'esent, extent of the areas used by. nestlng eágles, àlrrl present land'uses. Plans shoultJ be prepår'ed lior each bröedlng area'anrl plarrrrirrg slrtluld errcompass larger urtlts .wlten- trabitat is suita¡lé arrrl rnarìy rrestini'pair's ðre present. tnj-lann"ing-f-or:-a*-lat:ge irgiou, particulärly if -majg¡- glt-Lrf.Lqå-jll.-,lgld use or development ðre elli'ipq!çg, rhe roitowirrs rnai0¡* trñl-sli'i¡id iie ãriðr'essert : v,l. [listributiorr of habltat modifi.catlon, Large co.ntigu0us areas ofI - ñiúit¡t=îTiıî t?- rãiîiãîîî*'sültãñ^le, ïı'E jus! smaì ì, specir ic s ites where nests currentìy are located. linrit to Ìrabitat modification' Limitü 01ì hahitat icítiffi sÏîıulð'-¡e c1eãFly-*ei[ãtlisherl itl aclvançe, artd nned developrnent Sttould be discouraged 0r Protr ibited' s set ln üdvance iire generally more acceptirtlle to perS0ns inli- iuitnËi ttevelopmeitt¡ the Pr0cess permits reasonatrle iaiion ancl com¡rrgnlise anrl I imlts ðre eðsie¡ to enfnrce. 3. Lquare fìed nest Rest :X 2 upper mıdil ulrp la Llnrlt desir ncgo L .! g. Rate of development. Developrnent slrould onìy be allowecl to4- -- Ëpf,i",rïlì ffieìpiie¡'^Jlnrit s lowly, over a per iod of years. Sudden. läi^ge-sca le deve lopnrent slloutd-ne prevented I f poss ltt le. .W_4, Seas0naì timinq of ¡unlan aòttvl!y. Constructìon and reìatedF ãÈäüiii.slTiıild-6'e ïoiìfindı-Tı-lñ'e low or non*cr it ica l. per iotJs of the Year described above -8"2- 5. llumarr at'titudqs lqqq¡g eagles irl ![q area' Huch hurn¡n-eagle iñIeiratiì#-arp-¡äî=¡n-irîu- p*d6rnínaä['- atriturre of rrurna. ;;;ih*;iti-or ea,ln area. Residents nnd visitors of some areðs are very favorahly dfsposed rowaro tlre blrds, lf lrot protrd artd qrtite protectlvel 'îf,oy irny f,e ï.iéiul riot to Aisturb the blrds anrl may help prevãirt ¿iiturtia^.. 'or -¿àitiuctton by otlrer pers0ns' Such at¡tudes slrouìd be eniorrrageO tlr'ougir edt¡catlo^ anrl law enforcement. "-iiiegul- sftäàtlng äf .9agles,- especìallv young birds of the yedr still fn [fìı u'i.inlty- oi'nests tluring the f aìì hunt I ng Ë*oson, shou I rl be severe ly peno I i zed ' Ihe above guldelines pertaln to^-lar.ger geographic units.wlrere several eagles may U. n*rting. lhe foilowii¡g ıerIath to specif ic breeding areôs. A, Bas lc lnf ornrat ion antl essent i aì lrab I tat ' S ite-spec tf ic - manügemenf ÞJa's sho'ìd b; iailo.eO to tlre $ize ¡rtrl cotrf iguration of essential ¡abltats, arìd shoulrJ adclress sutii fá.iots as I'tre piey t'nse, habitat' uscti for f oraging, ,nî"",y";;r,-; ieatures necessðr.v ior -n'arrrtainlrrg habitot suitablìÍty. In a¿dition, *rnigt*tt,t.-.?]tn:" shouìd clearly specìfy restr ictions on 'rlunìià a.liu itiei ãno haurtat a lt.erat ions in estðÞì islt ing buf fer z-o^es .;;;; nests (sãe-- nr*r point in outlirte). For basic jniåii".frãn ?nint' see enct of this appendlx' B, Disturbarrce ßuffer zones for Nest Trees, Each nest with'ln. a breed'lng ârea wi r r be protected by Hrree.''iones ilrat beconre ress restr ictive to humarr activity oi tt,e ,tisiance ï.* lìie nest irrcreåses' Sorne actlvil'ies neerJ to be restricterJ only durlng .tlte rtestirrg se-åË0n.'.0r CriIicaì periods. GuiOeiines f or zonei-'b';säd -òn tttose ãeveloped by the U' S' torest Servfce in the Iastern negìãn and- used ln severûl parts of the Unlted States,';;. ãei.rtne,l ùãio*. lf buffer zones are used tltey shouìd be estab,ii;hed uround olt nest sltes wittrln a breedlng area regardress of ir,.ír'--ictivity status, srnce arternate nests often ðre uiËJ as feeding platfornrs ðnd r00sting sites' . l. Pr imary Zone a) 5j1e.: The bounclary of thls tone should be 330 feet (5 chains) f rorn the rìe s t . b) Restrlctions-: All ìantl use except actions necessary to ırfiecfÏF--ìnrprove tfre'iresf tlt* shriuld be prolribited in this zone. llumart erìtry uÀi io*-lnu.l aircraft operations shoÚld 0e pr'¡inited tlurirrg tiiä ntost -crlticaf ano rirorlerately crit'ic<'tl periods, un'less perfättnäJ-in.onuuction wittr eagìe rese¡rclt 0r rnanðgement þy qual iiìä- f noiviJuats;- t40t0ri¿ðd access irrto this zone shoulrl be piãftfuited. Restrictions on humarr ent'ry SITT-SPECIT IC HANAGEHENf PLANS -t3- 2, atothertimesshouldbeatldressedìlrthebreedìn9-ðrea ma.agenre't p i'iìi ðoñr ioì. ing iñ. iyp*, extents, ünd dur at ions ôi pioPoted or ìikeìY üctivltles' Secondary zone 3. TertiarY Zone a}SjlelÏlrislstlreleastrestrlctìvetone.ttshouldextend one_quar't.. *il* (2p-it.'iins) f rom- the nest,. but may extend up to one-lra I f nr j ìe (40 ;tt; iilt) if topograþhy .and vegetation perrnit' ;-'Oiräcr I i'e öf - iigitt f rom tite' t*st to poterrtiaì activitils-oir-úrut' dlstarrce. The conflguration of this z'ne' theref ore, [ìâJ be var iable' b) Restrictions: some actlvities äre permissible in thls zone *rr.p.ï;.ìi,; ti'ã -most critical period' Ëach breeding äreir management plan mly -i¿.ntiiy specific hazards that require adrtilional constralnts' C. Other l4anagement Gu i de I i rtes 1. Abandoned Nest Ïrees a) Hhen a tree containing 'nn 9lg]9 n:.:t has þlown down or has bpen damaged s0 lt ciñ no Ìoñger support a nestr- remove all buffer zorìes. 'The breeding, ar'ea 'n,an.g*ntent.plan ltself ' however, shotrltt remaiir-fn eifcct or be ieviserl' suclt üs by reilïcving buffer zones unti I a new nest is establ ìshed' b) t|lhen a nest structure tlisappears by! the nest tree remairrs the buf f er ¡ones shou ì,1 ;d;ìü - rn ef f ect, through- at least tlte folìowing three breedl'tt!"iäas,,its. .l.f the nesi ls rtot rebuilt' remove the zoning nrt "siiií cons{rler the àreð ü5 essential habitat and proteðt it accordingly' '' a) Slze: This ñı3f, zCIne shouìrl exterrd 660 feet (tO chains) from the b)Restrlctions I Land-use act,lvities tha t result in signlficartt ðn9es n e landscape'such as clea ¡cutt irtg,lancl clearing, 0r m¿'Jo r construction, should be P rohlbited. J\c tions such as thintting tree starrds or maintenanc e of existlng lmp rovemett t s can t¡e P ermitted, btlt not rlurill g tlte most crlt ica ì and rnoderate lY criticaì p eriods. lluma n entrY atrd low-level aircrafr operat.ions slt ould be Pr:ohlÞited d ur inq the most critical P er iod ult less P erforrned in connection with necessary eagle rese arch attd man¡ìge nrent by qrralif led indi víduals.Road s and trails ln tltis zolìe should be obliterate d, or at least c loserJ dur irtg th e ûìos t and moderate lY cr l ticaì periods' Restr{ctions o n human entrY at other times shou ld be addresserJ in the breeding ärea münðg erììetlt p lan, cons ider ing the tYPes ' extents, and dur ations of P roposed or líkeìY actlvities. -84- 3, c) tlnen a nest ls classlfierl as a remnant, that is, one that has been unoccupled for fjve consecutlve years, ðttd is not being maintained by eagles, retain orrly the prlm'rry zone' Roostlng and Potentlal Nest Treas' a) Three or nìore super-cðrtopy treel (preferab.ly rlend or wlth dead'iopii strould ne idarrtifierl and presÊr've(l with'ln otre-quarter mtìe of each nest'as r'oosting and perclting sites' b) ln areas ldentified as p0tentlaì nesting habltlt, there_shot¡ltl' be at least f our to $ t'x OVer-mâture trees of Spec ieS- f av6red b" t¡nlrl eagles for every 320 acres within 1320 feet' of â rlver or ìake lirger than 40 acres. These trees should be taller tlran surroUn,linq trees 0r at the ertge of tlte forest stancl, and there sltou ltl be c lear f ì lght pottrs to tltent' c) Arttftclal nest structures may be providerl wher.e suitable nest sites are unavailable ln ôccupied or potential habltat' Structures may be pìaced in trees contaìning. di lapidated ñãrii¡ tn treðs wltliout existlng nests, but which ot¡erwìse ðppea; sultable; or ln man-made $tructtlr'es such ðs p6werìines oi"' t. ipods. Nest. p I atforrns shotr ìd be appr0x imate l.y f lve to six feåt in length nrrcl width (25-36 sqrråre feet') nnd be m¡rle to laSt f or seutl'a I yearS,. Ropst.ing. st,ructtrres rnay be erected us i ng powerpo I es w itlr sðvera I troi'lzonta I perctres near the upper end. Prey Base F{anngement a) Fisher ies mattagemettt slrouìd strlve to malntain a pre.y base' cons i s tent wi tti eag le f ood hab I ts . b) In some breetling areas, particular]y -in tfie west, marfnaìs,fornt'' i portion oi úr* die[ 'of bald eagles. Land rnanagement in these areà9 slroulrt rnalntain ôn adeqtrate prey bðse in terrestrial habitats c) Feeding of eagles may be considererl a val id managemert tooì in areðs wtrere " naturä I prey åre h lgtr 1y cotìtämf lìated 0r iurnpo.a.lìy unavailanle' for Some reason' IhÍS manðgenrent option rarelY will be used. d) In sqme regions, comribr.clal and sport fishermen may be'piouiding uñ -i*po.tant but unrecognized (by people) food souf.ce f or eaq les by dunrping rouglt f istr, llany conrnercial f ishermen o.u -ílió suif er irig fiorn reduced catcltes of .garrre f i sh and quot¡s ìnrf oseO f or tlie .purp0se of ,managing f jsheries ' iuùtiàizatlon'perhaps in tlle for¡n of monetary .0r tax lncent ives migtìi benef i t eag les, f i shermen, ancl poss íb ly the f I sher les. -t5- i,.fllt:r: . r i I DR'IFT OR,,IFT DR,,IFT DR/IFT STANDARD OPERATING PROCEDURES Bald Eagle Nesting Surveys DRAFT Date Prepared: 06l15l87 I ntroduc t lon Bald eagles are relatively common winter resldents of Colorado, but nestlng has been reported only 5 tlmes between lB97 and 1950 (Balley and Neidrach 1965). Although lt would appear that Colorado may be perlpheral to the eagle's nestlng range, the f lrst recent breedlng by bald eagles r^tas documented at Electra Lake in 1974 and the number of nestlng pairs qradually lncreased to 9 by 1986. Productivlty has been sporadìc at best _qqd_may be impacted.by lnex- -p.édenced,-þneçding eãg!e,q, fluctuatTns-preÌ ãVäiìåbillty ana ðlimåtic- condi- tions. lllnd tiiFıw äf ñeits has been responsíble for loss nesting failure in several cases. Due to the species'federal and state endangered status, ít is important to monítor nesting activity, document productivity, determine key hunting habltats and lmplement management actlons where necessary to encourage populatlon expanslon. Landowner agreements, habitat manipulation to maintain or encourage prey availability, and nest site stabilizatlon practices are loglcal management tooìs that may be utilized. Descr I tion of l,lethod ¿"^ -) Içward.the. end o.f. th.ejr. stay ln coloradq, -I,-if_!_erJlg beld eagles may. undertake ñeEt bu.ilding activitles and even assume incubãtìäg poslg':gç, hut abandon the n'eit and-m-igr:ate*nqrtb-.I.n.-l4ar:ch, S ince some pa irs may actual ly lay eggs, these lñãnuptual nesting attempts should be recorded by lnventory biologlsts in the Loursà of aerlal midw'lnter eagle surveys and waterfowl f I iqhts. Efforts should be made by Dlll'ls to confirnr the presence of adults at potential sites in Aprll gftçr: wlnterlng eagles have vacated the region. An eagle in incubating postgre ôäy*iot-rean-ftrat egss gfe present, and ii esss havð-iıl 6.eeñ sêêä Þ¡ðilôüity from the air, it may be ñııãliãFy to telescoplcally observe from a distance to document incubation exchanges and egg rolling behavior by the adults. All conflrmed breeding territorles should also be surveyed annually by-[!{Us jg ,April_-to--.de!er:mjlç preqenq.e-..pf ""!nc_ubatlng blrds. Behaviors outl ined above säoul¿ be coniideiöd åS ilVldeäce that eggs are present. Active sites should be rev-lsJted-at least.once _i.n May ald_agO_i¡r in early {une to determine the presen- c_g-.of-. young.and their- -age, Fóllage on f Êees ãt this tlme may obscure nests and make observation difficult, so careful note should be made of the surroundings ln order to relocate the nests. Those nests contalnlng young wilì be vislted by the State Raptor Biologlst least 7-10 days prior to fledglng to bancl and color mark nestlings, obtaln ne slte measurements, collect eggshells and nonvlale eggs, and record prey remal ln and immedlately below the nest. In order to guard against premature f'led lng, nests wlll not be cl imbed that contain fully feathered young. Feder bands and colored leg bands will be used to document movement, mortality a breedlng population turnover. at st ns g- a1 nd Documentat ion of potent lal nests and presence of adul ts at conflrmed terrltorles can be a'ccompllshed with little addltional effort in the course of aerlal wlnterlng eagle filqhts and waterfowl counts. App.roximately 0'25 person duys will be réquiied for each nest vlsit by. Dl.lMs. Blnoculars and spotting scópes wlll be ròqulred for observatlon of nests. l,lanpower and Equlpment Needs Procedures for Recording. and Recording 0ata lnformatlon on breeding activities and productivity will be recorded on the ãppended form by the aþproprlate D}lM. Completed fórms should be turned into thä Reglonal 14lidlife Blológist upon completÍon of the breeding season, on or about the mlddle of July. Separate forms on nest site descriptions will be completed and maintained by the State Raptor Biologist. References Balley, !{.4. and R.J. Neldrach.1965. Blrds of Colorado (2 vol). Den. Mus. of l{at. Hist. 865p. a BALO EAÊLE ilEsTIilG EFFORTS III COLORÂDO L974 1975 L976 1977 1978 1979 1980 1981 1982 1983 1984 1985 i986 19875 tre Electra L. l,leaselskin Br.Little Snake R. Crai g Shadow Mtn. Res. S Platte R. Sunmit Res. Totien Res. l,lhite River #1 l,lhite River #3 Yampa River Barr L. Navajo Res. legg iA IA 2Yng lyng Zyng IA 2yng 2yng IA zyng ?yng IA oyng lyng ? iA 2yng ? IA 2yng ? IA 2yng 2eggs IA lyng lyng IA eggs lyng IA 2yng oyng legg eggs eggs ?yng A 2yng oyng IA iA lyng IA 2yng lyng IA iegg 2yng TA IA ? IA ? IA 9Inn iA0yng 0yng IA IA IA IA A lyng IA ?yng AAIAlyng ? eggs 3yng Zyng ?yng A ?yng 2yng IA oyng 2yng Total Yng iA=Inactive A=Active 014441036266510 .1, i BALD E'TGLE ]IEST OBSERV'TTIOII Slte Name: First Vlsit Da te: 0bservation Start: lleather Conditi ons: Observer(s): E Male's ActivÍty Female's Activlty: developmentl: Piésénce and number of eggs or young (r f young present,descrlbe activi ty and Other Observations: Second Visit Date: Observation Start: Heather Conditions: 0bserver ( s En }4ale's Àctiv lty: Female's ActivitY: development): -. Presence and number of eggs or young (i f young present,describe act lv ì ty and 0thãF Obseivations: Third Vlslt Date: 0b servat ion Start: Weather Condltlons: 0bserver ( s) : En i.lale's Actlvity: Female's Activity: PFesènce and number of eggs 0r young (1 f young present,describe actlv.|ty and development): _ - - 0ther 0bservations: Upon terminatlon of the breeding season, return completed forms to the Regional }llldl lfe Biologist. I Unitecl States Departnteut ol- tlte lnterior llt',:.Ir\L' ()l; LÅNI) i\1.\N,\(;l',Ill'.N t- (;t,l..N\\' o()l) sl'lìl N(;s RI.,S()tl I{( ;1,\ lÌ I'.. \ l'r0tì29 I ll(il I\\'¡\\' {i '\Nl) 2'1 l',(). Iì()X l0()f) (; I-tiN\,\'( x)l) .s PII I N( ;s, ( lol-( )lì.\l x ) fl I (;02 Ët ln Reply Rofer To¡ 22Øø ( 7-88ø ) Ìlr. llark KonishÍ Division of T{ildlife 46157 }lvy6&24 Glentrood Sprj.tigos, ütllo::arJo BJ.6i¿f .-^tn| u,uliuDea¡' I'lr, l'Jofì"irhi : I have reviewed your' Ietter ef Apr i-l concerning an agreenpnt between [i0ll, protect the bald eagle nest, I offer rel-ative to the potentiaJ. effecte of management of the BLlf Parcel: llay 'i , GÂ[T}3ii:LD OOUNT,Y 7â, L992 tr; Garfield [,o'.r¡11t Planning As-.,en 61en and three eagle specialists to Èhe folfoving eomnenLs ani questions such an açlreement c¡¡ the future I Stipulation #6 requires a I8lØ foot setback Jrom the river fcr an1' riverside J.ots in the L/4 acre sites on the wesL side of lhe river' Does this mean there couf cl be some construction allr:'ned in the br'¡f f er zone on thE ryest side crf the rj.'¡er if the IØØ toot. sethack vas adhered to? Lf sone devef Lrpment nere t o occrlr on the private la¡iC ín Llris pcrtion of. the blrf f er zonç, I as$une {evelopment on BLÌl land 11¡ f-he evr:nt of a land exchange or possible recrea Lion site development, ) vou.Ld be consistent vrii:h this agreement provicled all facilities wert: set bacl<.10Ø Lcot from the river ? Stipulaticrn #g perni'bs no consL¡-ucticrn nor açt:i.'¡it.In ltitlrin r;he buf f er ucìn€', holç .liIü., enIr¡, roail ancl br ldge, or units north ci.L l¡nle ll 18 f ror¡ january I ta Ju¡le I rt thr nest rs actrvç' I aEsume this apþlies onJ'y tl the actual crn;truct,ic'll and related actívllies. like c"l ea¡ irts and eartlrrlorls. If this is not so, p.lease clarif 1' çhat ethcr n:cti'¡ity" trnuld be restricteC. StipuIatic,n #10 perrnits ncr human errtry vithir-¡ IØØ yards c'f the nest year rc,und. çith ec,rne e;iceptions, PIease clarify [hese excepbic'ns, eapecially as they rnigh",- affect the BLI{ parceJ.. Also, I aEsltme if nçr eagles are present, then no restric'Lj.nns La hlrman activity wou.Ld apply, For exan¡r1ç', if no eagles were ¡lresen.L, i see nc rpason vhy 't he pub j. ic cctrld no L t'icnic or fish on the BLll parcel. i suqgest thie etipuLatìon be clarified' vith exr.:eptions ãrdcled fnr permi.tted periods of use if no eaç¡.1'es a].e FrPsent. Stipulatiorr #14 voulci close lhe BL,Ìl parcel durirrg the critical period for eagJ.es. lgain,. I assltme no restrictions vouLd apply if ¡¡cr eagles are plesent arrd suggest this erlception be nc'ted' L - 4 IAY B tssz q 6 7 '['he complexity oÍ t]re resLricti'ons rill nralce Lhe to enforce. I suggee;t the tinring of "he vari'ous ¡-educe the variatiáns of the time límj'ts' sone of ïeel<s. 'Ilte more colìsistent the clates' l;he eas¡ier implement the agreenent" Anyrestrictj.onsonBLlllanclcouldonlybeenacteclbylhisoffice.There areıtrrrFntlynouseregLrictionsontheBL}lparcel,sincewearenot party to the agreemen}-, l suggest alt c}osttres or regtrictionr lre applied totheprirlat,e.landstlhere..,erpoasible,vl¡ereDOl,lcoulc{¡rrovÍ,le enf orrement and patrol basecl o1 the monitoring progra,rÐ Le t¡e r¡stabLic';lerl by DOT| and ÀsPen Glen' There does not appear to be any condi'tion unclei' become null ancl void iJ the eagles abandon t'ha lost. I suogest such an exceptinll be added so iç¡ not undulY co"tstrained' As you night knrrÌr, Bl-l'l has reqttested ¡:uhlic accesã tr Lhe BLt! parcel f r"or¡ bcth si.des of the rive;-. 1ì; is in tt¡e pr-,bi.:l"r'ç j"nteresl tc' arquire su';ll '¡.'sese to maintain optione for futur* n,ur,uç,*i,tent, of the parcel' Fr:r'exampJ'e' one opLion is to provirle publlc access to trre par:cerl Jor f iehiflq trtrert the c'açlles are not present . Ano''che. opLj.on wou.Id t'e tà provicle'year'ot¡rtci ::ì{:c€}l:lt j'l ths'eagJ'e tree falls do,â,n cr the eaqres rro fonger use the site. iì';ill. arloLlte¡ frrturE option rnight be f or honeeites if the eaq'Ies leave 1he a¡'ea anci l-he J-anr1 jsi disposert of in.LancJ exchange' dorre to lrrntec:t at,* É-'¡:1'¡J* nes[ !¡ite' I ]oq]r DûU ancl al-f ectecl per Li'e:i to lin'J a so'lut:íon tl t'he Dtìll/Aspen [ilert l-'aqe 2 agreement verY clífficrrlt cIçrstrt.es be adjusted to which differ *Y onIY tro t,o inform the'Public and vhich the agreement niçlhrt nesÞ. site or the tree is fuLure use of t-he Parcels 1 appreci.atsi t.lrr¡ "*ork i'nu've lorwarcJ to rc:,rkinq viLh the issues ¡'aisEd :i-¡r tlr'i's retter 'W::Ít', SincerelYt /rr ça l!anqer (.1 ll:: i-ticr. cr:: tlarþ' Bean, Jon Brcvn' Garfielci Count-Y ÂsPen Glerr Cc'inPartY STATE OF COLORADO Roy Bomer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EOUAL OPPORfUNITY EMPLOYER Perry D. Olson, Director 6O6O Broadway Denver, Colorado 8O21 6 lslephon€: (3O3) 297-1 192 June A6, 1993 Aspen Glen 555 E. Durant Ave. Suite 4ÀÀspen, CO 81611 Dear Ms. Hart: over nest REFEN TO For Wildlife- For People thesite f met with Jerry Craiglandscape/screening ptan andand bald eagles. on 6/IL/93 to gornonitoring program for the Landsca pelscreeni nq Plan r would like to commend you for the effort that Aspen Glen has putj-nto.this plan- Jerry ana r $tere both pleased with yã,rr concept ofberminq and feel it is a great ideå. we have the followingcomments on the plan. These will also be made clear once I havemet with you and shown you on the map. l-' Àccess loops along entry road are within the buffer zone. Theberm and- screening needs to continue straiqht alonq the entz:yroad- Thg_entry roops courd become a lurá ror peópre to ,=åwhich could irnpact the eagles. 2. Need predoninantly evergreens from the bridqe to the east sideof the 3/4 ac. lot which lies on north side of entry road.The deciduous trees will not provide adequate =".""ñirrq ofpeople and noise. 3- spacing of evergreens should be closer, around 6r, until treesmature and fill out. Trees can then be thinned andtransplanted to other locations in the developrnent. Thescreening along the entry road on the north side needs to bedense so as to total-Iy block nest views. 4 " Plant more evergreens by bridqe on south side of entry roadwhere the 3/4 Ac. homes are located. 5. Remaining design and spacing on south side is adequate. 6' Plant some trees along 3/4 ac. l-ot at junction of entry roadand road which goes north along HoIe #tt. Mj-xture of sþeciesis okoaoARTMENT oF NAîuRAL RESoURcES, Kenneth satazar, Executive Direclor WILDLIFE COMMISSION, Wilfiam R. Hegberg, Member . Eldon W. Cooper, Menrber Felix Chavez, Menlber . Rebecca L. Frank, Menrber Louis F. Swift, Secretary . George VanDenBerg, Chairman . Arnold Salazar, Mernber . Thomas M. Eve, Vice Chairrnan B 7. Do not use lodgepole pine on north side of entry road or thatportion west of entry road and Hole #11 road. Lodgepole pine have no lower tinbs and screening potential is minimal with this species. There $¡as no landscape/screening plan for I/4 ac. riversidelots on west side of river. 9. Bridge design/screen needs to be addressed once desiqn is completed. Itq¡ti !_q r i n g, P_ro_gr,a_n À formal monitoring proqram needs to be established and coordinated by Aspen Glen and the Division of Wildlife. Mr, Brown committed to fund the program at our meetinq with the U.S. Corps of Engineers. The following are our sugqestions for a monitorinq program. You may wish to run this by Mike V'lhitfield at your convenience. January l- February 15 a. ) L/wR early a.m. (Sunrise - 2 }l'r. after) and late p.m. (1- 2 hr. before to sunset) b. ) Mid-day check if possible February 15 - March 1 a. ) z/urk sunrise til noon 1- day noon til dusk 2nd day 3 March 1 - hatch or abandonment a. ) /wR at 4 hrs/shift. Alternate observation days such as: Monday 4.m., Tues., p.m., Thurs., p.n., Friday a.m.gùork in weekend days also Watch for disturbances (such as fishermen) Costs This program could be accomplished with volunteers as long as there is a commitment to the schedule by them. If observer is hired: $A.so7frr., Spotting scope Approx. $3oo.oo, Tripod for scope Approx. $1oo.oo. observer provide own binoculars. Misc. sugqestions 1) ff eagles leave nest, r^re may want observers to follow birds tohelp determine feeding sites or alternative roost sites. 2) Observation locations. along 109 Rd. Use Leon Chuc's driveway or puII off a/L âÕ l.nl. hrri 'l cli no envel o nê sIt appears that sink holes will dictate building envelopelocations. Due to lot size there is not much room for adjustment. The building envelopes by the bridge on the south side of the entry road do concern me. If these can be placed as far back on the lot t- 2 as possible, it nay help. The remaininq 3/4 ac,. envelopes are ok. Low profile homes would be best in these locations as well as the lot on the north side of entry road and west side of flole #11 road. hlildlife Corridor Easements The corridors as outlined may allobr some movement. However, once development build out is achieved I do not think they will be of much value as they lead into the main development. They mayprovide access for deer and elk to the golf course which couldresult in damage to fairways and greens. What may determine use ofthese corridors is the amount of activity associated with the homesites. 9_È_þ_e_r_ ç_o_n$ents I have 2 other sugqestions that you may wish to consider. Post eagle buffer zone so homeowners and people associatedwith the development know the boundaries and restrictions.This may help prevent unexpected problems. Install fence around nest tree to prevent vandalism and damageto the nest tree. There will be alot of people travellíngclose to the tree when HoIe #fO is able to be played. This fence could be placecl at the l-OO yard mark from nest and along Hole #tO. This would help enforce restriction #11 in the PUD" t- 2 Sinc¡rel %rL Y, Kevin WriDistrict Carbondale tdlife Manager il$ 2 ? 1ee5 IJ Dr¿.llrrv & B¡.r-coaca, P. C. ATTORNEYS AT LAW ORAWER '90 {j]¡d.l¡ l¡iELÜ Gt{-}l^¡-fY G¡.r¡¡-wooo Spænvos, Co¡-on-l¡o ar6o¿ .--11" r¡ ¡ Ra.*r iu*.['4lr ne- {'ú, ütfitt,n L{i{y, i U gI9 COLORAÞO AVENUE tELePHONE 94È-65a€ tEL¿COÞrEã 946-ô9c,2 ÂREA COOE t03 i 5' ?11 ð,, u (i NOðERI OELANEY {OF COUNSEL) xENrgtH BÀúcoHr JOHN A. IHULSÕN ÊDWARO MULHALLI JR' ROAERT C. CUYTER SCOTT BALCOMB LAWRENCE R. GREEN EOBERI M. NOONE June L7, 1993 TTMOÍHY A. fHUL5ON TARGAREl O'OONNELL Mr. Grady L. McNure Mr. Nick Mezei U.S. Army Corp of Engineers Western Colorado Field Office 402 Rood Ave.' Rm. L4 Grand Junction, CO 81501 RE: Aspen Glen-Project 199375069 Gentlemen: Initially, on behalf of the Aspen Glen companyr \dê wish to thank you for your time in meeting with us on June 9 | 1993. We appreciated the opportunity to clarify the concept of the. Eagle nããt Buffer Zone and the manner in which the concept will be employed to protect any bald eagles which may be present within the Aspen Glen Project. As far as the Aspen GIen Project is concerned, the concept of an Eagle Nest, Buffer Zone was first articulated Þy three gagle experfs who investigated the situation: Mr. Mike Ï{hitfield' Moñtana State University; Dr. Rick Knight, Colorado State University; and Mr. Jerry Craig, Colorado Division of Wildlife. The planr âs conceived by the experts' \ías approved by As_pen_ GIen and the Colorado Divísion of wildlife. The plan involved the creation of an area around the nest tree ín whieh only cert-ain clearly defined activities can occur. The terms and conditions of the pIãn were set forth in a letter from the Colorado Division of V{ildlife to the Garfield County Planning Department dated April 26' Lgg2 (hereafter DOW letter), It rdas the intention of Garfield County and Aspen Glen to have all of the terms of the DOW letter incorþorated into Garfield County Resolution 92-056, the Resolution of thä eoard of County Commissioners of Garfield County approving the Aspen GIen PUD. -the guffer ?,one provisions are set forth in paragrãphs 6-16 of Garfield county Resolution No. 92-056. The Buffer Zone itseLf is an overlay zor.e district. !{e have attached a map hereto (Exhibit F'-16 as referenced in paragraph 6 "{the resolution) which depicts the Buffer Zone. AII future maps and plats of that'portion of the Aspen Glen Project will depict the Mr. Grady L. McNureMr. Nick MezeiU.S. Army Corps of Engineers June L7, L993 Page 2 Buffer Zone as shown on the attached map until and unless theBuffer zone is removed. For so long as the Buffer zone is inplacer Do activity can occur within that Zone except in accordancewith the terms of the Buffer Zone district. It is the position of Garfield County, and Aspen Glen agrees,that "no construction of dwelling ulits or human activities, éxceptas established herein" will occur within the Buffer Zone lparagraþh6 of Resolution 92_-056). Garfield County will have the ãuthórityto enforce the Buffer Zone restrict,ions as they are included withinthe zoning ordinance and will remain for so long as the Buffer Zoneremains in p1ace. The Buffer zone will remain in p1ace, with allof its restrictions, until such time as the Colorãdo Divisíon ofwildlÍfe allows removal of the Buffer Zone, and the Board of CountyCommissioners acts to remove that Zone. fn practical terms, thiË means that only the limited activity set forth in the DO!{ letter isgoing to occur within the Buffer Zone until and unless the Divisionof ffildlife, after consulting with the united States Fish and!{ildlife Service, if it so desires, authorizes the elimination ofthe Buffer Zone. I have conferred with Don DeFord, Garfield CountyAttorneyr olt this issue, and he confirms that t,he foregoing is théintended and correct interpretation of the Buffer zone provisionsof Resolution 92'056. Please feel- free to contact Mr. DePorddirectly if you wish to confirm this matter with him. !{e understand that you have concerns that there is someinconsistency between the Buffer Zone restrictions as contained inResolution 92-056 and the DOW letter. Againr any inconsistency infact was an oversiqht by all parties, ãnd the eoncerns r.rili beresolved as follows: -1. Bui]-dinq Fnvelopes. Aspen GIen's preliminary plan Application will depict a building envelope for each lot within thePUD. The location of the building envelopes on the 3/4 acre lotsadjacent to the Buffer Zone will be approved by the Division ofwirdlife as required by paragraph number 3 of the Dorf letter. 2. One-Hundred Foot Setback on Ouarter Àcre Lots. ParagraphNo. 6 of the DOVÍ letter requests thaL there be a 100-foot setbackfrom the river on the riverside lots within the ä-acre zonedist,ríct on the west side of t,he Roaring Fork River. As explainedin paragraph Lt above, all lots within Aspen Glen will havebuilding envelopes. The building envelopes for the riverside ,4- acre lots will be located such that, there will be a 100-foot .tJ Mr. Grady L. McNure Mr. Nick Mezei U.S. Army Corps of Engineers June L"7 , L993 Page 3 setback from the ordinary high water line. Aspen GIen will obtain DOW's approval of these building envelopes to assure that nobuilding envelope for the riverside ]¡-acre lots intrudes on the 100-foot setback. 3. Screeni¡rg. Paragraphs 4 and 7 of the DOlf letter setforth certain requirements regarding screening of the Aspen Glenfacilities from the nest tree. Aspen GIen will submit to the DOV{ a screening plan consistent with aII provisions of paragraphs 4 and7 of the DO!{ letter and obtain approval from the DOll for such screening plan. The screening plan will include vegetative screening for the k-acre residential lots on the west side of the river. The Aspen Glen screening plan will also provide for a screen on the downstream side of the bridge across the river. This screen will be designed to minimize the noise and visual impact of traffic crossing the bridge upon the nest site. Because Aspen Glen wishes to make sure that the bridge screen is consistent, with other architectural features of the project, the exact design of the bridge screen will not be available at this time. However, the bridge screening plan will be approved by DOT{ and Aspen Glen wi}l submit drawings of the approved plan to the Corps of Engineers. 4. Monitoring Plan. Paragraph No. L of the DOff letter provídes that a program to monitor the presence of the eagles will be established and coordinated by DOI{ and Aspen GIen. Aspen GIen has commenceci work with IlOw- to create an acceptable monitoring program. The approved monitoring program will be implemented and be continued at the expense of Aspen GLen. 5. Doq Restrictions.Resolution 92-056 provides that only one dog shall be allowed for each residential unit within the PUD (Condition 42 of the Resolution). Further, such restriction will be imposed and enforced through restrictive covenants (Condition 42l' and final plat notes (Condition 67(D)). This provision is inconsistent, with the DOI{ letter in that the DOW requested that no dogs be allowed within the 3/A-acxe zone district southeast of the nest, the club villas on the west side of the river, and the L'o-acre zone district on the west side of the river. By both covenant and plat note, Aspen GIen wiII provide that no dogs be allowed in those areas. Mr. Grady L. McNureMr. Nick MezeiU.S. Army Corps of Engineers June L7, 1993 Page 4 _.6: Construction Actívity. Paragraph 9 of the DOW letter andCondition 10 of Resolution 92-056 leC forth restrictions onconstruction activity wit,hin the Buffer Zone and adjacent areas.All _parties agree that the wording of those provisionã is somewhatconfusing. .Aspen GIen agrees wltt¡ the Unitea States Fish andwildlif e service and the Ðow that the word rror,, in the f irstsentence of both such provisions should be deleted so that thereferenced pa.ragraphs clearly refer to "construction activity. "Furthermore, it is agre_ed that the area where construction activityis regulated be more clearly defined to incl,ude the 1gt.h hole. We believe that with two exceptions this letter addresses alItÞ" poínts that, $¡ere discussed at the meeting of June g,1993. Those two exceptions are potential wetlands impãcts of the outfallline and structure for the prop_osed wastewater treatment facíIity,and a clarífication of the wetland enhancement measures that wíiibe undertaken by.Aspen Glen. !{e believe that you have already t oÍwill soon, receive a separate letter from Ãquatic and welÍandConsultants, Aspen Glen's wetland consultants, which separatelyaddresses those two issues. T"I yogr further information, since our meeting of June g Iofficials of Aspen Glen have_ been wofking closely with Kevin Wrighi,of the Division of lrítdlife regarding the vegetative ""r""níngplalt bridge screening pran, buirding enve-lopes, and eagrémonitoring pIan. rt is our understanding that ã great. deal ofpositive progress has been made on those iséues and tñat Aspen Glenis now in the process of makinçt some final- revisions to thoie plansas suggested by DOI{. It is ûur fi¡rther ur¡derstanciing thaL DOW-witlsoon issue a letter setting forth its posit,ion on tñose items. Aspart, of that process, Aspen Gren has agreed, at the suggestion ofD9Il to post the e,agle Buffer Zone so homeowners and other peoplewill know the boundaríes of the Buffer Zone, and. to install ifeircearound the nest tree, at a location acceptable to Dow, to preventvandalism and damage to the nest tree. . A"Pen GIen neither desires nor believes that its project willimpact.bald eagì.s5. This commitment is clearly evidêncãa by theprovisions of the DOW tetter and the applicable provisioris ofGarfield County Resolution 92-056. This commitmeñt is furtherclarified and implemented by the provisions of t,hís letter. lrtetherefore believe t,þat upon your receipt of this letter you willhave the necessary information at hand to allow you to prãceed to Mr. Grady L. McNure Mr. Nick Mezei Ú.S. Army Corps of Engineers June L7, 1993 Page 5 process the road crossing authorizatíon previously submitted by Aquatic and Wet,Iand Consultants on behalf of Aspen Glen. Please do not hesitate to contact me should you have questions or desire additional infor¡natíon cn any aspect of the hspen Glen project. Very truly yours, DELANEY & BALCOMB, P.C. ,-----':'- ,¿ nce LGldK cc: Kevín Vüright Bob Leachman Don DeFord, Esq./ David Steinman Terri Hart John E1kins lili: AS;¡rirN CLFI'j CiUI] June 2L, 1-993 Mr. Kevin Wright Colorado Division of Wildlife 50633Hwy.6&24 Glenwood Springs, CO 81601 Dear Kevin: Thank you for your assistance j-n creating the individual components that together v/il-I create the Eagle Nest Buffer Zone at The Àspen Glen CIub. Per our meeting last Thursday, June l-7 and your June 16 letter, wê have modified our plans in the following Í¡ays: l-. The access J-oops aJ-ong the entry road have been eliminated. The berm and screening have been continued straight al-ong the entry road. 2. We have eliminated the Lodge PoIe Pines from the bridge to the east side of the 3/4 acre lot which lies on the north side of the entry road. These trees have been replaced with 50 8-10' Spruce and 50 LO-L2' Spruce. frle have added another 60 8-10' Spruce in this area. We have also almost doubled the road to help create the AspenGlen the size of the berm to l-O' hiqh from sol-id screen reguested by the CDOW. 3. AII trees Lo-Lz ' high and L4-L6' high are already too big to plant six feet apart. We believe that the measures outiined ín #2 above satisfy the objective of your request to plant the trees six feet apart. rf you have any questions regarding this issue, pJ-ease talk to our landscape architect Greg Mozian directl-y. 4. More everçtreens have been planned by the bridge on the south side of the entry road where the 3/4 acre homes are located. 5. Landscape screening has been planned for the first seven I/4 acre riverside lots on the west side of the river to the island. Here 7O 2-2 7/2" cottonwood trees wil-I be interspersed with existing mature vegetation. 6. Al-1 building envelopes al-ong the river in the I/4 acre zone district are now l-OO' from hiqh water mark. l i I The Aspen Glen Company . 555 E. Durant Avenue, Suite 4A . Aspen, Colorado 816ll . 303-920-9400 . FAX 303-920-9494 Mr. Kevin t{right June 2L, L993 Page Two 7. hfe have raised the screen along the downstream side of the bridge to 1-2' 6rr high. This wilI totally block all- everyday vehicular and pedestrian traffic on both sides of the bridge. Construction traffic wiIl not be aIl-owed to use the bridge when the eagles are present. 8. I{e agree to post the eagle buffer zone so the boundaries are evident to all. 9. We agree to install a fence around the nest tree to prevent vandal"ism and darnage to the nest tree. This fence will be placed at the 1-00 yard mark from the nest and along HoIe #1-O. I am sending you the revised plan overnight delivery so that you can see these chanqes Tuesday morning. Irle realize that you are very busy trying to get out of town for your vacation. If at alL possible, we v/ould greatly appreciate you sending us a letter approving the vegetative screening, the 3/4, acre building envelopes, the 7/4 building envelopes along the river, the bridge screening concept, and the migration corridors. of f of CR l-09. Kevin, again thank you for hetping to create this eagle Sincerely, Terri Hart Senior Vice Pres t cc: Mike l,¡hitfield Greg MozianLarry Green valuable assistance in zone. all of your nest buffer ST-{TE OF COLORADO fioy Romer, Governor DEÞARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN ÊOUAL OPPORfUNIIY EMPLOYER Perry D. Olson, Director 6O60 Broadway Denver, Colorado 8o216 Telephone: (3O3) 297-l 192 For Wíldlife- For People July 20, 1993 Aspen GIen 555 E. Durant Ave", Suite 4A Aspen, CO 81611 Dear Ms" Hart: I will address each of the following areas which you have requested: vegetative screening, 3/4 ac. building envelopes, I/4 acre building envelopes' bridge screening colìcept and migration corridors off 109 Rd- 1. Vegetative screeninq For Blad Eagle Nest Protection Zone The plan should be ãdequate with the changes you made as outlined in my 6/16/93 letter tó you and your 6/21/93 letter to me- If the berm raised to 10' along with the veqetative screening adjustment provides the solid screãn we suggested, then the vegetative screening plan should be adequate. 2. 3/4 Ac. Lot Buildíng Envelopes - As I mentioned in my 6/16/93 letter, the sink holes dictãte envelope location' Due to lot size there is not much room for adjustment. Low profile homes in these locations would be best. Placement of homes as far back as possible, especiatly on the lots just souLheast of the bridge may be helpiul.- If this has been done then envelopes are located adåquately. In addition, we recommend no sale or advertisement of lots withl-n eagle protection zone unt.il protection zone is removed. REFER TO r - As stated now adequatelY3 4 I/ 4 Ac. in #6 of located. Building Envelopes Along Roaring Fork Rive your 6/2I/93 letter, these envelopes are Bridge Screening Concept The screening concept for- the bridge is aóceptabte rá long ã= the new heighl- of 12'6" will totally block nótfr sides of bridge traffic. I agree with #7 of your 6/2L/93 letter. If screening is removabrle, then it should be in place each fall when eagles arrive, generally around Nov' 15' Scràening should remain in place until there is nest abandonment' DEPARTMENT OF NATURAL RESOURCES, KENNEIh SAIAZAT, EXECUIiVE DiTECIOT TILDLIFE COMMISSION, William R. Hegberg, Member . Eldon w. cooper, Menrber Felix chavez, Member ' Rebecca L Frank' Member Louis F. swift, Secrerary . George vanDenBerg, Chairman ' Arnold Salazar' Member ' Thomas M' Eve' Vice Chairman I July 2O, 1993 Page Two Aspen Glen 5 Migration Corridors Off 109 Rd.may a1low some movement. OnceI do not think they will be ofthe main developm"it. trrãy *.yto the golf course which åou1dgreens. What may determine useof activity .ssoði.te¿ wifrr the The corridors as outlineddevelopment build out is achieved,much value as they lead intoprovide access fór deer and elkresult in damage to fairways andof these corridors is tr,"'"*ã"ithomesi_tes west of 109 Rd. I would like toour suggestì-ons Sin rely, Kevin W hrDistrict Wildlife Carbondale thank you for Aspen Glen'sfor the screening plan for in dealing withIt is appreciated. cooperation the eagles. Manager Krül1mp €YF TO'STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORÌUNITY EMPLOYER Perry D. Olson, Director 6O6O Broadway Denve¡ Colorado 80216 Telephone: (3Og) 297-1 192 September 30, :-.993 Wildtife impacts will stitloutlined in my 4/L3/92 l-etter. items. occur with this proposal which II would like to address a couple of ,rti REFER For Wildlife- For People iffiür # ú fggs Garfield County Ptanning 109 8th St., Suite 303 Glenwood Springs, CO 81-601 Dear Mark: I have reviewed the Preliminary Plan Application for Aspen Glen andrefer you to my original letters of 4/L3/92 and 4/26/92 to you regarding wildlife ímpacts. Over the past months I have net withAspen Glen, U.S. Army Corps of Engineers, and U.S. Fish andúüildlife Service to ad.dress wil-dlif e concerns, mainly the baldeaE1e. I have attached copies of pertinent letters you may wish toreview (6-16-93 | 6-21,-93, 7-20-93, 7-3A-93). These are some of thesame retters referenced by The u.s. corps of Engineers underSection X of the application. 1-. Dogs have been restricted to l/hone as outlíned in #1-4 of thePUD. However, it is important to also have a kennelrestriction in place and that the kennel be constructed beforethe c.o. is issued. This becomes very important for thosehomesites west of 109 Road if those homesites are alloweddogs. lrfithout a kennel restrictiono¡{prohibition, these dogswill have a negative impact to winte'ring deer and elk along 109 Rd. and the mesa directly above it. I strongly recommendthis restríction. 2. The eagle screen on the bridge should be in place by Novemberl-5 of each year as stated in rny 7-20-93 letter included inSection Q of the application. This date was not specificallyincluded in Section K of the application referencing thèbridge over the Roaring Fork River. Thank you for the opportunity to comment. ff you have anyquestions, please gíve me a catl. f District dlife Manager-Carbondale DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Member . Eldon W. Cooper, Member Felix Chavez, Member . Rebecca L. Frank, Member Louis F. Swift, Secretary . George VanDenBerg, Chairman . Arnold Salazar, Memþer . ïhomas M. Eve, Vice Chairman NORTH GRAPHIC SCALE Feet 0 20 40 80 1 INCH = 80 FEET PR E P A R E D B Y : We s t e r n S l o p e C o n s u l t i n g L L C PO B o x 4 1 1 Ca r b o n d a l e , C O 8 1 6 2 3 97 0 . 6 1 8 . 4 7 0 8 AP PL I C A N T : As p e n G l e n G o l f C o m p a n y BY D A T E RE V I S I O N NO . PROJECT: Aspen Glen Eagle Nest Buffer Zone Removal Application SHEET: PUD-1.0 Parcels Included Within the Bald Eagle and Wildlife Friendly Overlay Zones NOTES 1.This map shows the parcels included within the Bald Eagle Nesting Site (Buffer Zone) established by Garfield County Resolution No. 92-056 with a hatch: and the parcels that would be within the renamed Bald Eagle Overlay Zone and the Wildlife Friendly Development Overlay Zone. The underlying zoning for each of parcel is noted on this map. 2.All properties not identified with a hatch are unaffected by this amendment to the Aspen Glen PUD Map. 3.The parcel boundaries shown on this map were sourced from Garfield County GIS Data. There may be minor inaccuracies in the line work depicting these boundaries. 4.The alignment of the Roaring Fork River; areas of water; Golf Course areas; and, vegetated areas shown on this map were digitized from aerial imagery. There may be minor discrepancies between the location of these elements and the parcel boundaries depicted. BLM Parcel No. 239320200951 Parcel No. 239320200390 Zoning: Club Villa Residential Zone District Lot 11 Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 Lot 10 Parcel No. 239320200245 Zoning: 1/4-Acre Residential Zone District Parcel No. 239320200111 Parcel No. 239320200110 Parcel No. 239320200242 Parcel No. 239320200246 Zoning: 3/4-Acre Residential Zone District Parcel No. 239320300385 Zoning: Golf Course Zone District Hole 10 R o a r i n g F o r k R i v e r Lot G1 Lot G2 Lot G3 Lot G4 Lot G5 Lot F21Lot F22Lot F24Lot F25 Lot F26 Lot F27 Parcel No. 239320301082 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Club Villas Aspen Glen Clubhouse & Clublodge Parcel No. 239319100396 River Park Lot M1 Lot M2 Lot M3 Lot M4 Lot M5 Lot M6 Lot M7 Hole 11 Hole 9 Parcel No. 239319200386 Parcel No. 239319102037 Roa r i n g F o r k R i v e r Parcel No. 239320300385 S t a t e H i g h w a y 8 2 ( S H - 8 2 ) Ri o G r a n d e T r a i l Bald Eagle Way R aptor Circ l e O s p r e y C ir cle L e o n i s L a n e Brookie River Glen Road The Preserve River Park Bald Eagle Way Parcel to be included within Wildlife Friendly Development Overlay Zone Parcel to be included within Wildlife Friendly Development Overlay Zone Parcel to be remain within Bald Eagle Overlay Zone Parcel to be remain within Bald Eagle Overlay Zone - VICINITY MAP -Not to Scale Site - LEGEND - Subject Parcel 293,238 Square Feet +/-6.73 Acres +/- Improvement Survey PlatA parcel of land situated in theNorthwest 1/4 of Section 20, Township 7 South, Range 88 West of the 6th P.M.Garfield County, Colorado Approved: Graphic Scale In U.S. Feet : 1" = 50' 0 25 50 100 Title:Improvement Survey Plat Re v i s i o n # Sheet No. Un p l a t t e d o f A s p e n G l e n Ga r f i e l d C o u n t y Job No. Drawn by: Date: File: 2020-496.001 JE 12/8/2020 REB AG_TheUnplatted_ISP 11 8 W e s t S i x t h S t r e e t , S u i t e 2 0 0 Gl e n w o o d S p r i n g s , C O 8 1 6 0 1 97 0 . 9 4 5 . 1 0 0 4 w w w . s g m - i n c . c o m Da t e B y : 1 1Of : REB PLS: Robert E. Brandeberry Colorado PLS # 38388 For, and on behalf of SGM - VICINITY MAP -Not to Scale Site - LEGEND - Subject Parcel 266,116 Square Feet +/-6.11 Acres +/- Robert E. Brandeberry Colorado PLS # 38388 For, and on behalf of SGM Improvement Survey PlatA parcel of land situated in theWest 1/2 of Section 20, Township 7 South, Range 88 West of the 6th P.M.Garfield County, Colorado Approved: Graphic Scale In U.S. Feet : 1" = 50' 0 25 50 100 Title:Improvement Survey Plat Re v i s i o n # Sheet No. Un p l a t t e d o f A s p e n G l e n Ga r f i e l d C o u n t y Job No. Drawn by: Date: File: 2020-496.001 JE 12/2/2020 REB AG_TheUnplatted_ISP 11 8 W e s t S i x t h S t r e e t , S u i t e 2 0 0 Gl e n w o o d S p r i n g s , C O 8 1 6 0 1 97 0 . 9 4 5 . 1 0 0 4 w w w . s g m - i n c . c o m Da t e B y : 1 1Of : REB PLS: w w w.sgm-inc .co m January 6, 2026 Davis Farrar Western Slope Consulting, LLC Subject: SH 82 and Diamond A Ranch Road (Aspen Glen) Signal Warrant Study Update for Eagle’s Nest Area Dear Davis, The purpose of this letter is to provide an update to the January 24, 2019, Signal Warrant Study prepared by SGM for the intersection of State Highway 82 and Diamond A Ranch Road, the Aspen Glen entrance to SH 82 (attached). The existing intersection is located along a 4-lane divided highway segment with an approximate native median width of 25 ft and is at milemarker 9.7. One criteria used by the Colorado Department of Transportation (CDOT) to provide an assessment of the need for a traffic signal is a Warrant Study. The Warrant Study is defined by eight (8) signal warrants in the Manual on Uniform Traffic Control Devices (MUTCD). Section 4C in the MUTCD states, “Traffic control signals should not be installed unless one or more of the warrants in this manual are met. The satisfaction of a warrant or warrants is not in itself justification for a signal.” The MUTCD Traffic Signal Warrants are as follows: 1. Eight (8) Hour Vehicular Volume 2. Four Hour Vehicular Volume 3. Peak Hour 4. Pedestrian Volume 5. School Crossing 6. Coordinated Signal System 7. Crash Experience 8. Roadway Network w w w.sgm-inc .co m To re-assess the volume warrants, the previously performed 12-hour traffic counts (6 am – 6 pm) on August 22 and 23, 2018 at the Diamond A Ranch Road intersection with SH 82 were used as a basis. The SH 82 volumes have increased approximately 16% based on the CDOT continuous count station (000214) located in Glenwood Springs south of the Blake Avenue intersection near Walmart. The previous traffic counts included approximately 545 existing units, the Aspen Glen PUD allows 643 units total, and the Eagle Nest area is proposing 18 units, for a potential of 116 additional units. This analysis compares the 2018-unit count to the potential total unit count resulting in a unit factor of 1.20 applied to increase the traffic volumes on Diamond A Ranch Road reviewed in volume warrants 1-3. Warrant 4-8 are not reviewed in this analysis. Warrant Analysis Summary Signal volume warrants are NOT met for the intersection based upon SH 82 volumes and Diamond A Ranch Road factored buildout volumes that do not meet warrant thresholds for warrants 1-3. Based on this analysis, we do not believe that a signal will meet volume warrants for the complete buildout of the Aspen Glen PUD, including the additional Eagle Nest area. Details for each warrant are provided as an attachment. Sincerely, SGM Inc. Dan Cokley. P.E., P.T.O.E Principal w w w.sgm-inc .co m Warrant 1, Eight Hour Vehicular Volume Standard: The need for a traffic control signal shall be considered if an engineering study finds that one of the following conditions exist for each of any 8 hours of an average day: A. The vehicles per hour given in both of the 100 percent columns of Condition A in Table 4C-1 exist on the major-street and the higher-volume minor-street approaches, respectively, to the intersection; or B. The vehicles per hour given in both of the 100 percent columns of Condition B in Table 4C-1 exist on the major-street and the higher-volume minor-street approaches, respectively, to the intersection. Table 4C-1. Warrant 1, Eight-Hour Vehicular Volume Condition A—Minimum Vehicular Volume Number of lanes for moving traffic on each approach Vehicles per hour on major street (total of both approaches) Vehicles per hour on higher-volume minor-street approach (one direction only) Major Street Minor Street 100%a 80%b 70%c 56%d 100%a 80%b 70%c 56%d 1 1 500 400 350 280 150 120 105 84 2 or more 1 600 480 420 336 150 120 105 84 2 or more 2 or more 600 480 420 336 200 160 140 112 1 2 or more 500 400 350 280 200 160 140 112 Condition B—Interruption of Continuous Traffic Number of lanes for moving traffic on each approach Vehicles per hour on major street (total of both approaches) Vehicles per hour on higher-volume minor-street approach (one direction only) Major Street Minor Street 100%a 80%b 70%c 56%d 100%a 80%b 70%c 56%d 1 1 750 600 525 420 75 60 53 42 2 or more 1 900 720 630 504 75 60 53 42 2 or more 2 or more 900 720 630 504 100 80 70 56 1 2 or more 750 600 525 420 100 80 70 56 a Basic minimum hourly volume c May be used when the major-street speed exceeds 40 mph or in an isolated community with a population of less than 10,000 Analysis: Condition A – Major Street = 1800 vph (8-hour average) >> 600 vph Minor Street = 23 vph (8-hour average) << 105 vph Condition B – Major Street = 1800 vph (8-hour average) >> 900 vph Minor Street = 23 vph (8-hour average) << 53 vph Status: Using the 8-hour peak period from 9 am – 5 pm, minor street peak. Because the speed limit is > 40 mph and this is an isolated community, guidance allows the use w w w.sgm-inc .co m of 70% volume threshold. Condition A minor street volume is 20% of the required volume, while major street volume is three times greater than the threshold. Condition A volumes are not met. Condition B minor street volume 30% of the required volume and major street volumes exceed the threshold. Condition B volumes are not met. Warrant 2, Four Hour Volume Standard: The need for a traffic control signal shall be considered if an engineering study finds that, for each of any 4 hours of an average day, the plotted points representing the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher- volume minor-street approach (one direction only) all fall above the applicable curve in Figure 4C-1 for the existing combination of approach lanes. On the minor street, the higher volume shall not be required to be on the same approach during each of these 4 hours. Analysis: Using the option noted above, speed greater than 40 mph, Figure 4-2C is utilized. Major Street = 1575 vph (4-hour average during minor street peak, 10 am-2 pm) Minor Street = 25 vph (4-hour average) < 60 vph Status: The plotted points representing the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher-volume minor- street approach (one direction only) Do NOT fall above the applicable curve in Figure 4C-2, threshold is not met for warrant for one 4-hour peak period on an average day. Warrant 3, Peak Hour Volume Standard: This signal warrant shall be applied only in unusual cases, such as office complexes, manufacturing plants, industrial complexes, or high-occupancy vehicle facilities that attract or discharge large numbers of vehicles over a short time. The need for a traffic control signal shall be considered if an engineering study finds that the criteria in either of the following two categories are met: A. If all three of the following conditions exist for the same 1 hour (any four consecutive 15-minute periods) of an average day: 1.The total stopped time delay experienced by the traffic on one minor-street approach (one direction only) controlled by a STOP sign equals or exceeds: 4 vehicle-hours for a one-lane approach or 5 w w w.sgm-inc .co m vehicle-hours for a two- lane approach; and 2. The volume on the same minor-street approach (one direction only) equals or exceeds 100 vehicles per hour for one moving lane of traffic or 150 vehicles per hour for two moving lanes; and 3. The total entering volume serviced during the hour equals or exceeds 650 vehicles per hour for intersections with three approaches or 800 vehicles per hour for intersections with four or more approaches. B. The plotted point representing the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher-volume minor-street approach (one direction only) for 1 hour (any four consecutive 15-minute periods) of an average day falls above the applicable curve in Figure 4C-3 for the existing combination of approach lanes. Option: If the posted or statutory speed limit or the 85th-percentile speed on the major street exceeds 40 mph, or if the intersection lies within the built-up area of an isolated community having a population of less than 10,000, Figure 4C-4 may be used in place of Figure 4C-3 to evaluate the criteria in the second category of the Standard. Analysis: Condition A – The delay (<< 4 hours vehicle hours) and the one-lane volume (33 vph < 100 vph) criteria are not met, while total intersection volume criteria is met (1550 vph > 650 vph) is met. All criteria must be satisfied in this category, so warrant is not met. Condition B – Using the option noted above, speed > 40 mph, Figure 4C-4 is utilized. Major Street = 1550 vph (peak hour of minor street, 10- 11am) Minor Street = 33 vph (peak hour) < 75 vph Status: The plotted points representing the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher-volume minor- street approach (one direction only) Do NOT fall above the applicable curve in Figure 4C-4, the threshold is not met for warrant. I 7T' CEil"OOD \sPpl fs ¡1, ASPEN GLEN :?1¡s: !l 3çi! SHEET INÐEX to,t ,2IJ 1t 12 (ROYAL CrcHßN) ¿, sate) <r-16 cøflw- PlAllrvtlo PWflVß PUN|V*C 17 stA .9t s2sr-s6 s7-sro rc10(rl)MD(t5) R(AD /37)(Jó)øoM t-2J-9 t1-t5 ,6tr-t9 20-2 zJ.JI J2 JJ-J1 J'-J' J7-10 M10 Rí:t rclÙ N4 'ß-5657-6'62-6t 61-65 66-67æ-æ 70 7t-72 ,J-74 75-76 77-78 79 æ6l E2 EJ8t-atA-t A-2A.J A-1 A-5 A-6 A-7 A-8 A-9 A-r0 A-1 'A-t2A-IJ A-r1 oÍfgtE AtN x1Pn*. unuv 3P (ry*íELæHM,AEC)rA! 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