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HomeMy WebLinkAbout1.00 ApplicationAspen Glen Eagle Nest Buffer Zone Removal Application Submitted by: Western Slope Consulting LLC PO Box 411 Carbondale, Colorado 81623 970-618-4708 Davis@coloradoplanning.com 2 | P a g e Table of Contents Page Application Submittal Letter 4 Applicant & Consultant Information 5 Land Use Change Permit & Application Form 6 Agreement to Pay Form 8 Pre-Application Conference Summary 9 Proof of Ownership – Title Commitments 18 Statement of Authority 26 Letter of Authorization 27 Vicinity Map 28 Project Narrative 29 Status of Eagle Nest & Basis for Removing Buffer Zone 31 Compliance with Buffer Zone Conditions 38 Future Development of Subject Parcels 40 Infrastructure Capacity to Serve Subject Parcels 41 General Conformity with Garfield County Comprehensive Plan 47 Amendment Justification Report 54 Impact Analysis – Limited to Section 1 55 Mineral Owners - Names & Mailing Addresses 63 Names and Addresses of All Property Owners within 200 Ft. 65 Names and Addresses of All Property Owners in Aspen Glen PUD 67 EXHIBITS – Exhibits A through K are submitted under separate cover with this application. 81 EXHIBIT A - Aspen Glen PUD Approval Resolution 92-059 (Including Original PUD Plan Guide) EXHIBIT B - Original Aspen Glen PUD Plan 3 | P a g e 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 - Bald Eagle Nest & Roost Sites EXHIBIT G - Site Plan Showing Key Locations, & Relationship to Overlay and Affected Parcels EXHIBIT H - Cokley Signal Warrant Study EXHIBIT I - Aspen Glen 1993 Preliminary Plan EXHIBIT J - Aspen Glen Preliminary Plan Approval Resolution 93- 121 EXHIBIT K - October 30, 2020 Letter from Garfield & Hecht, PC 4 | P a g e Application Submittal Letter March 24, 2021 Mr. Glenn Hartman Garfield County Community Development Department Planning Manager 108 8th St # 401 Glenwood Springs, CO 81601 Dear Mr. Hartman: Western Slope Consulting, LLC is pleased to submit herewith the Aspen Glen Eagle Nest Buffer Zone Removal Application (the “Application”) on behalf of Aspen Glen Golf Company (“Applicant”). 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 as of December 1, 2016, and relocated to a new nest approximately one mile upstream. Then, 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, includes language providing for removal of the Buffer Zone if a change in conditions eliminated the need for the Buffer. Specifically, Condition 16 of the PUD Resolution states as follows: “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.” This request is therefore made because the tree and nest are no longer viable. Support and justification for elimination of the Buffer Zone is detailed in the Application. 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. 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, 5 | P a g e Applicant & Consultant Information Property Owner Aspen Glen Golf Company c/o Balcomb & Green - Chad Lee 818 Colorado Ave. Glenwood Springs, CO 81601 970-945-6546 - 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 Haley Carmer - Garfield & Hecht, P.C 901 Grand Ave., Suite 201 Glenwood Springs, Colorado 81601 970-947-1936 - Telephone E-mail: hcarmer@garfieldhecht.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 6 | P a g e Land Use Change Permit Application Form 7 | P a g e 8 | P a g e Agreement to Pay Form 9 | P a g e Pre-Application Summary 10 | P a g e 11 | P a g e 12 | P a g e 13 | P a g e 14 | P a g e 15 | P a g e 16 | P a g e 17 | P a g e 18 | P a g e Property Ownership – Title Commitment Parcel 390 19 | P a g e 20 | P a g e Parcel 245 21 | P a g e 22 | P a g e 23 | P a g e Parcel 246 24 | P a g e 25 | P a g e 26 | P a g e Statement of Authority 27 | P a g e Letter of Authorization 28 | P a g e Vicinity Map Subject Properties Inset Map 29 | P a g e Project Narrative The purpose of the Applicant is to request that the Aspen Glen PUD be amended to remove the Buffer Zone that was originally established by Conditions 6 through 16 of the PUD Resolution, which is attached to this Application as Exhibit A. The terms of the Buffer Zone were later modified when the preliminary plan for the entire Aspen Glen PUD was approved 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. If the Buffer Zone is eliminated, Conditions 6, 9-13, 15, & 16 of the PUD Resolution, as modified by the 1993 Resolution, will be of no further force or effect. The PUD Resolution conditions that establish the terms of the Buffer Zone include specific language providing for removal of the Buffer if allowed by the Division of Wildlife—now called the Colorado Parks and Wildlife Division (“CPW”)—and with the approval of the Garfield County Commissioners. Specifically, Condition 16 of the PUD Resolution states “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.” As explained below, removal of the Buffer Zone is now warranted because the reason for and function and purpose of the Buffer Zone no longer exist. The only parcels that are have ever been encumbered by the Buffer Zone are those owned by Applicant and hole 10 of the Aspen Glen Golf Course, which is owned by Aspen Glen Owner, LLC. The boundary of the Buffer Zone is shown below. 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. Eagle Nest Buffer Zone Boundary (in red) 30 | P a g e Each of the residential parcels within the Buffer Zone was assigned an underlying zone district by the Aspen Glen PUD Plan that contemplates residential development. Specifically, Parcel 2393-202-00-390 (“Parcel 390”) is zoned Club Villas Residential, 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 390, 245, and 246 will be referred to throughout the Application materials as the “Subject Parcels.” A site plan showing the Subject Parcels is attached as Exhibit G. 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 that was 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 changed to reflect the removal of the Buffer Zone should the Application be approved. Instead, the lifting of the Buffer Zone will be accomplished by the terms of the Application approval resolution itself. Accordingly, Applicant requests that the resolution approving the Application eliminate Conditions 6, 8- 13, and 15-16 of the PUD Resolution and find that Conditions 7 and 141 have been satisfied. An Amended PUD Plan Map including only the Subject Parcels and Hole 10 is also included with this Application for approval by the BOCC. See Exhibit D. The amended map simply shows the Subject Parcels with their underlying zoning designations that were approved as part of the PUD Resolution. As explained in more detail later in this Application, removal of the Buffer will have no appreciable short or long-term effects on the eagle nest or the bald eagles that moved from the site to a location upstream even before the original nest was destroyed. Indeed, 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 now, even with the Buffer in place, construction and golf course play can occur at any time beca use the nest has been abandoned since as early as December 1, 2016. Amending the PUD to remove the Buffer Zone will not take away designated open space or destroy essential eagle habitat. Instead, it will simply 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. 1 Condition 14 of the PUD Resolution required that the Aspen Glen covenants include a provision limiting owners to one dog per lot. That provision is included in the Amended Declaration of Covenants, Conditions, and Restrictions for Aspen Glen. Nothing in this Application is intended to eliminate that provision from the Covenants, render it ineffective, or require that the Covenants be amended to remove the provision. 31 | P a g e Status of Eagle Nest & Basis for Removing 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 constructed and 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, 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. 32 | P a g e 33 | P a g e Considering Mr. Groves’ June 12, 2018 e-mail, it appears that 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 that the Buffer Zone is no longer warranted. Applicant has also received a report from an independent wildlife biologist, Mr. Steve Dahmer of Environmental Solutions, Inc., that comes to the same conclusion. That report is reproduced below. 34 | P a g e 35 | P a g e 36 | P a g e 37 | P a g e 38 | P a g e 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 actual 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. A preliminary plan has not yet been submitted for Parcel 390 as the Club Villas portion of the PUD was not part of the preliminary plan that was approved in 1993. 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. During the 2019 and 2020 golf seasons, play on the 10th hole commenced as early as April 1st because the nest was gone and no eagles were 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. Upon information and belief, construction of the entry road and bridge 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. 39 | P a g e 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 that 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 actual knowledge of other unauthorized human entry within 100 yards of the nest. If such entry did occur, it was not authorized by Applicant. 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: The required signs were originally installed by Applicant. Applicant is unaware of whether the Aspen Glen HOA, Garfield County, or another entity or public authority have regularly taken steps to close the Roaring Fork River as required by Condition 13. 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. This Covenant restriction will not be modified or removed by approval of this Application. 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, 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. 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 and there are no eagles currently nesting in the Buffer Zone, meaning the Buffer Zone is no longer warranted. Applicant has therefore submitted this Application to remove the same to allow development of the Subject Parcels consistent with their underlying zoning. 40 | P a g e 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 but did not include Parcel 390, as it was (and currently is) zoned Club Villas. See Exhibit I. Under the preliminary plan, sixteen ¼-acre lots were approved for Parcel 245, and nine, ¾-acre lots were approved for Parcel 246. A final plat for Parcels 245 and 246 has not been presented or approved, so they, along with Parcel 390, are considered unplatted future development parcels. That said 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 provided with this Application. See Exhibit E. Parcel 390 was created by the final plat titled “Second Amended Plat Golf Clubhouse Parcel, Aspen Glen, Filing No.1,”, which was signed by BOCC Chair Marian Smith on November 24, 1997. See Exhibit E. Parcel 390 is the 1.225-acre parcel shown on the plat as “Riverfront Club Villas Tract B.” Per a plat note on the Golf Clubhouse Parcel plat, “All Club Villas Tracts Shall Be Subject to a Preliminary Plat Review Prior to Resubdivision.” A similar requirement is reflected in Condition 17 of the 1993 Resolution. Riverfront Club Villas Tract A was further subdivided following preliminary plan and final plat approval as shown on the Aspen Glen Filing 5 final plat (see Ex. E), leaving Parcel 390 to be further subdivided on its own at a later date if desired. Note that notwithstanding the density allowed for the parcel under the Club Villas zone district, Parcel 390 is subject to a restrictive covenant limiting maximum development to two residential units. While dwellings on the Subject Parcels cannot be constructed until the Buffer Zone is removed, 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. It also accounts for the Club Villas units. 41 | P a g e If this Application is ultimately approved and Applicant or a successor proceeds to develop the 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. Applicant is currently under contract to sell Parcel 390. If this Application is approved, the potential buyers intend to construct a single-family dwelling on Parcel 390, which is a permitted use in the Club Villas zone district. No subdivision approvals from the County will be required to proceed with that proposal, but the potential buyer will need to obtain a building permit from the County and project approval from the Aspen Glen Design Review Committee. 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) construction of Eagle Run Road as shown on the Filing 5 plat; (ii) extending Leonis Lane to Parcel 245; and (iii) extending and installing the water and sewer lines described in the Roaring Fork Water and Sanitation District letter included below. The following letters from David Kotz of SGM, Inc., the engineering firm that designed Aspen Glen’s infrastructure, and Scott Grosscup of Balcomb & Green on behalf of the Roaring Fork Water and Sanitation District, explain that the water, sewer, roadway infrastructure currently installed in Aspen Glen has capacity to serve the project at full buildout. This capacity includes the Subject Parcels. Mr. Grosscup’s letter states that they are willing and able to serve the Subject Parcels with potable water and wastewater service. In addition, Dan Coakley from SGM prepared a Signal Warrant Study in October 2018 which 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 H. 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 2000’s. 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.” 42 | P a g e 43 | P a g e 44 | P a g e 45 | P a g e 46 | P a g e 47 | P a g e 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. 48 | P a g e 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 remove 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 remove the Buffer Zone would allow future development only within the existing 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 and Sanitation District provides water and sewer services within the PUD. Removing the Buffer Zone will modify an overlay district in the project, but it will not change overall development density, mix of land uses, or otherwise change demand for infrastructure in the project. Instead, it will simply allow the use of properties identified in the original 49 | P a g e PUD approval and subsequent County approvals for residential land uses. Thus, the proposed amendment would allow 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 the 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 – With the loss of the historic nest and tree where it was located, no high-priority wildlife habitat areas exist within the Buffer Zone. The Subject Parcels currently encumbered by the Buffer Zone is private land slated for residential development. The golf course parcel that is also within the Buffer Zone is part of a private club that is not open to the public. Lifting the Buffer Zone to allow the land within it to be used to its full potential therefore will not affect nature-based tourism or put added pressure on high-priority habitat areas. The Applicant has been in communication with CPW about the former nest site as indicated by CPW comments that are included as part of the Application. Those comments reflect CPW’s acknowledgement of the destruction of the tree and nest and support for elimination of the Buffer Zone because it no longer serves its original intended purpose. Mr. Dahmer, an independent wildlife biologist, has also provided a professional opinion letter to that effect. As with the creation of the Buffer Zone, its elimination will be the result of a coordinated objective scienced based effort among the Applicant, the County, independent professionals, and necessary agencies such as CPW. 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. 50 | P a g e 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. Most important, the PUD Resolution expressly contemplates the removal of the Buffer Zone altogether once CPW approves the removal. We have now reached that point. 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 tree housing the nest fell over in 2018 due to weather, destroying the nest. Even before the historic nest was destroyed, the eagles that frequented that nest built a new one about a mile upstream in November 2016 and have used that nest since to raise their young. Without the historic nest, the land within the Buffer Zone does not include any critical or essential wildlife habitat and does not offer any unique habitat that is not otherwise available along the rest of the Aspen Glen reach or the river corridor upstream or downstream from the PUD. And there are no mapped or CPW-identified migration corridors through the area encumbered by the Buffer Zone. Seeing as the Buffer Zone no longer serves its intended purpose, CPW has indicated that the Buffer Zone is no longer warranted. As explained in the memorandum from Mr. Dahmer reproduced below, the guidelines used to establish the Buffer Zone conditions in the first place (see Exhibit C) are outdated and not in keeping with the current status of bald eagles and our understanding regarding their biology, habitat needs, and range and variability among individuals and habitat selection. Indeed, the 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. Mr. Dahmer’s conclusions regarding removal of the Buffer Zone are based on those guidelines, not the antiquated ones. That said, even the original guidelines acknowledge that when a tree containing an eagle nest has blown down and no longer supports a nest, all buffer zone restrictions should be removed. 51 | P a g e 52 | P a g e It is also worth noting that the Aspen Glen PUD includes an Open Space/River Park Zone District along the Roaring Fork River corridor. Among the purposes of this PUD zone district are the buffering of the riparian corridor from the adjacent residential uses, protect that area from development impacts, and reducing conflicts with wildlife and habitat in the buffer areas. The proposed PUD amendment will have no impact on the OpenSpace/River Park Zone District, leaving its buffering and habitat protection functions intact. Amending the PUD to remove the Buffer Zone does not conflict with the Plan’s policy of protecting critical habitat because, as acknowledged by CPW and another wildlife biologist, the critical habitat the Buffer Zone was created to preserve is no longer present and there is no other unique habitat within the Buffer to protect. Additionally, other wildlife habitat areas within the PUD are not affected by the Application. While new development will be possible if the Buffer Zone is eliminated, it will be infill development in previously approved portions of the Aspen Glen PUD that lie within an existing water and sewer service area that the Roaring Fork Water and 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 Zone does not offer any critical or unique wildlife habitat without the historic nest and tree. The bald eagle habitat maps included with the Application similarly show that the Subject Parcels are not within any CPW Active Nest or Roost Site buffer zones. See Exhibit F2. As noted in Mr. Dahmer’s letter, the fact that eagles have now nested immediately adjacent to occupied homes in Aspen Glen suggests that the eagles in the Aspen Glen area are 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 development of the Subject Parcels by lifting the Buffer Zone will not disturb wildlife habitat, especially because the Open Space/River Park 2 Exhibit F reflects a nestsite area described as “Unknown.” This designation comes from CPW, and, according to the CPW’s ArcGIS website, an unknown nestsite is one that does not have a recorded monitoring record in over 5 years. It is unclear how, if at all, CPW addresses or protects “unknown” nestsites. In any event, the Buffer Zone was added only because there was a known, active, viable nest in place at the time the PUD was approved. To keep the Buffer in effect now because of an unknown and unverified site is neither in keeping with the basis for the Buffer Zone in the first instance nor with current guidelines regarding eagle habitat. 53 | P a g e Zone District along the Roaring Fork River corridor which serves to protect and preserve critical wildlife habitat is not implicated by the Application. Moreover, future development will occur in the areas previously approved for clustered development by the PUD Resolution with densities that are consistent with or less than that approved as part of Aspen Glen PUD. Policy 3: Work cooperatively with involved agencies to ensure natural resources are protected and preserved. Strategies: 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 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 – As contemplated in the PUD Resolution, Applicant is submitting its Application following consultation with CPW that the Buffer Zone is no longer warranted. CPW (formerly the Division of Wildlife) was primarily responsible for setting the parameters of the Buffer Zone 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 that the agency may provide any additional comments it may have on the proposed removal of the Buffer Zone. 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 with the Subject Parcels are protected and preserved. 54 | P a g e 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 - As explained above, the amendment proposed in this Application is removal of 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. Specifically, the Applicant is requesting that the PUD Plan Map be amended as necessary to eliminate the Buffer Zone and that the County eliminate those Conditions in the PUD Resolution regarding the Buffer Zone that restrict development and activities on the land within the Buffer and have not been satisfied to date, namely, Conditions 6, 9- 13, 15, & 16. As a result of lifting the Buffer, the previously approved underlying zoning designations for the subject parcels would govern future use and development of those 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 confirm 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 the 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.” Removing the Buffer Zone is therefore warranted. 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 that 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. 55 | P a g e 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— removal 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 56 | P a g e 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 four 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. 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 gently slope 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, service berries, red-osier dogwood and other native plant species. 57 | P a g e 3) Lower River Terrace area is elevated above the 100-year floodplain and lies on the west side of the Roaring Fork River. This area is characterized by developed residential lots with non-native landscaping that includes deciduous and evergreen trees, lawn grasses, bushes/shrubs. The undeveloped portions of the lower river terrace area—including Parcel 390—include various native grass species willows, service berries, red-osier dogwood and other native plant species. 4) 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. 58 | P a g e 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: Response: a. Determination of the long-term and short-term effect on flora and fauna; 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 59 | P a g e River 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 distri ct if the Buffer is removed. 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 originally established to protect an existing nest and a pair of juvenile eagles that eventually became a mating pair. The Buffer was created for this purpose and was not intended to be used or designated for other purposes. It is important to note that the Buffer included specific language providing for its removal if allowed by the Division of Wildlife and with the approval of the Garfield County Commissioners. Condition 16 of the PUD Resolution states “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.” Removal 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 upstream approximately 1 mile even before the tree and nest were destroyed. The function of 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 to keep the Buffer Zone restrictions in place. Elimination of the Buffer will remove the restriction on golf course use between January and the end of March. Doing so will clarify that the 10th hole of the Golf Course may be played at all times that the remainder of the Course is open. The restriction on construction activities between January 1 and June 1 if the nest is active, would also be removed. Presently and under the current restrictions, “construction may begin earlier if there is nest failure and abandonment.” This is the current situation as previously noted. The restriction on “no human entry” within 200 yards of the nest from January 1 to June 30 if the eagles are present “except for nest management activities, activities related to the use of hole #10, or normal ground and ditch maintenance activities” would be eliminated too. Finally, the “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 between January 1 and May 15” would be eliminated. Elimination of the Buffer in the short-term would 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, 246, and 390, all of 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 that which has occurred and will occur in the Aspen Glen PUD, including on the lots immediately adjacent to the Buffer parcels. Elimination 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. 60 | P a g e 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 elimination of the Buffer. Elimination of the Buffer would 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 6/13/2019 e-mail from Colorado Parks and Wildlife officer John Groves to Mike Elkins clearly state that the 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 2/15/2021 email from John Groves to Davis Farrar also confirms that the tree and eagle nest were destroyed. The eagles have moved to a new location upstream. The three privately owned parcels that are 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 was 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; and 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 have moved approximately 1 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 have been restricted to one based upon recommendations of the Colorado Division of Wildlife as reflected Aspen Glen’s restrictive covenants which encumber the subject parcels. There may be situations where hazardous attractions are created because of residential development through landscaping, household trash, grills/birdfeeders, petfood 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. 61 | P a g e Additional Comments Regarding Impact of Buffer Zone Removal: 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 removing the Buffer Zone will open the door for 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 by removing the Buffer Zone permits future development of the Subject Parcels without impacting the acreage of approved Open Space within the PUD. Removing the Buffer Zone will also 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. The Aspen Glen Golf Club Management Company supports removal of the Buffer Zone as evidenced in the following January 28, 2021 letter. 62 | P a g e Removal of 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 any of the three 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. 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 that 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. 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 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 removing 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. Finally, 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 and that removal is appropriate. To conclude, removing the Buffer Zone 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 and will not adversely impact those within or outside the Aspen Glen PUD. It is clear from the foregoing materials and the enclosed exhibits that this Application conforms to the LUDC and complies with the requirements contained therein. In addition, this Application is in general conformity 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 December 23, 2020, including information about the existing Aspen Glen PUD infrastructure and its capacity to support future development on the Subject Parcels. The Applicant believes that this Application and the supporting documentation justifies removing the Buffer Zone within the Aspen Glen PUD and therefore asks that the BOCC adopt a resolution that accomplishes that requested amendment. 63 | P a g e Mineral Owners - Names & Mailing Addresses The records of the Garfield County Assessor and County Clerk and Recorder were searched February 2021 for mineral owners of record for the subject property. 64 | P a g e List of Mineral Owners 1. Sandra McCabe 772 Castle Drive Palisade, CO 81526 2. Deborah Chuc 1612 Grand Avenue Silt, CO 81652 3. Telinde Family Trust 994 Brush Creek Lane Glenwood Springs, CO 81601 4. United States (BLM) P.O. Box 1009 Glenwood Springs, CO 81601 5. Esta Arlene Estes and Cora Lea Gentry PO Box K Meeker CO 81641 6. Estate of Caesar J. Chuc (address unknown) 7. Ella Chase (address unknown) The list of mineral owners was determined by identifying the mineral owners listed on the Aspen Glen Filing 1 plat recorded February 16, 1995, at Reception No. 476330, and searching said owners forward in the grantor/grantee index of the Garfield County Clerk & Recorder. The Clerk & Recorder records did not show any further conveyance of the minerals held by Caesar Chuc or Ella Chase, and no contact information could be located for those owners. Note that only owners 1 – 4, above, own a portion of the minerals underlying the Subject Properties. 65 | P a g e Names and Addresses of All Property Owners within 200 Ft. of the Subject Parcels Information Obtained from Garfield County Assessor's Records January 2021 Aspen Glen Golf Company Land Use Change Permit Application Form Mailing List - January 2021 - 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 Ruby Ann Richardson 9177 Highway 82 Carbondale, CO 81623 R111469 Aspen Glen Owner, LLC 9 West 57th Street 40th Floor New York, NY 10019 R830192 Aspen Glen Golf Company Land Use Change Permit Application Form Mailing List - January 2021 - Property Owners within 200 ft. of Parcel 239320200246 Property Owners Account Number(s) Kaiser Family Trust 256 Bald Eagle Way Carbondale, CO 81623 R083597 Bonnie K and Roland M Mclean 68 Bald Eagle Way Carbondale, CO 81623 R830165 Yun Suk Scott 140 Osprey Circle Carbondale, CO 81623 R830166 Elena & Phil Motuzko 98 Sweet Grass #B Carbondale, CO 81623 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, LLC 16 Bardon Street Madison, NJ 07940 R830179 John Miernicki 851 Latigo Loop Carbondale, CO 81623 R830173 John Bailey, Trustee Lavender Hill Properties, LLLP R830174 R830175 66 | P a g e 1570 Linda Vista Drive San Marcos, CA 92078-3808 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 Aspen Glen Golf Company Land Use Change Permit Application Form Mailing List - January 2021 - Property Owners within 200 ft. of Parcel 239320200390 Property Owners Account Number(s) Homeowners Association at Aspen Glen 0080 Bald Eagle Way Carbondale, CO 81623 R820066 Christopher & Nicole Hilgert 734 Camelot Lane Houston, TX 77024 R820128 Fraser Family 2008 Revocable Trust 2069 Boundary Drive Santa Barbara, CA 93108-2251 R820129 Donneil Hecker Gayle F. Hecker Revocable Living Trust 139 River Glen Carbondale, CO 81623 R820130 R820131 MN Carbondale, LLC 2531 Del Lago Drive For Lauderdale, FL 33316 R820132 Olden C. & Carol S. Lee 2555 N. Pearl Street Apt, 602 Dallas, TX 75201 R820133 R820134 Roy M. Spence, Jr. & Mary Couri 403 Lake Cliff Trail Austin, TX 78746 R820135 Andy Kwitowski 134 River Glen Rd Carbondale, CO 81623 R820136 ML2, LLC 96 River Glen Carbondale, CO 81623 R820137 McNearney McPherson Revocable Trust 78 Riverglen Carbondale, CO 81623 R820138 67 | P a g e 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 February 2021 Parcel # Owner Name Mailing Address City St ZIP 239319100396 ASPEN GLEN OWNER LLC 9 W 57TH ST # 40TH NEW YORK NY 10019 239319101001 RICHARD STAFFORD 4914 BROOKVIEW DR DALLAS TX 75220 239319101002 THE MARY JANE STENEMAN REVOCABLE TRUST & THE ROBERT J STENEMAN REVOCABLE TRUST PO BOX 1044 ASPEN CO 81612 239319101011 VITALE, ANDREA F VITALE LAND TRUST 823 N SOANGETAHA RD GALESBURG IL 61401 239319101012 CRYSTAL RIVER LAND COMPANY LLC 918 BROOKIE CARBONDALE CO 81623 239319101013 SHAY & DEBORAH ONEILL 24 GOLDEN STONE DR CARBONDALE CO 81623 239319101014 JAMES PIZZO 26852 MCLAUGHLIN BLVD BONITA SPRINGS FL 34134 239319101020 FORSMAN FAMILY TRUST 74 ANGLER CARBONDALE CO 81623 239319101028 DONNA HUSON & DONNA J HUSON LIVING TRUST 36 GOLDEN STONE DR CARBONDALE CO 81623 239319101029 JOSEPH & MELINDA DUWAN 352 GOLDEN STONE DR CARBONDALE CO 81623 239319101031 LEONE ROSSO LLC 431 E BAYAUD AVE APT 306 DENVER CO 80209 239319101032 PENSCO TRUST COMPANY & SUSAN GOLDSTEIN 23 ROYAL COACHMAN CARBONDALE CO 81623 239319101061 HOMEOWNERS ASSOCIATION AT ASPEN GLEN 80 BALD EAGLE WAY CARBONDALE CO 81623 239319101064 STEVEN & JERRI PEDRO 6800 DESERT HIGHLANDS DR FORT WORTH TX 76132 239319102003 JOHN MCKAY & LESLIEANN GALLAGHER 54 INDIAN PAINT BRUSH CARBONDALE CO 81623 239319102004 CLIFTON & HEATHER KLING 8780 SW 64TH CT PINECREST FL 33156 239319102005 FRED STANDEFER & FRED W STANDEFER 1982 REVOCABLE TRUST 94 INDIAN PAINT BRUSH CARBONDALE CO 81623 239319102006 DAVID & LAURA SHUKOVSKY 3684 FESCUE LN SARASOTA FL 34232 68 | P a g e Parcel # Owner Name Mailing Address City St ZIP 239319102007 ROBERT & CAROL JENKINS AND PAUL BROWN AND LEIGHANNE JENKINS PO BOX 14 WOODY CREEK CO 81656 239319102008 VICTOR FASCIANI 83 INDIAN PAINT BRUSH CARBONDALE CO 81623 239319102009 THE DANIEL M KEENAN TRUST & THE SUSAN R KENNAN TRUST 1716 SEVERN FOREST DRIVE ANNAPOLIS MD 21401 239319102010 DAVID & DORA LEE 13 INDIAN PAINT BRUSH CARBONDALE CO 81623 239319102011 ERIN FERGUSSON 220 COLUMBINE CARBONDALE CO 81623 239319102012 SWARTZENDRUBER PROPERTIES LLC 1435 N 24TH ST GRAND JUNCTION CO 81501 239319102013 HARVEY & JANET GOLDBERG 252 COLUMBINE CARBONDALE CO 81623 239319102014 PUDER FAMILY LTD PARTNERSHIP NO1 LTD 3930 MAX PL BOYNTON BEACH FL 33436 239319102016 RAYMOND & MONDEEN SNYDER 12609 SAGAMORE RD LEAWOOD KS 66209 239319102018 KEISTER 2012 LONG TERM TRUST & WALTER T WEATHERS JR 406 MENKING CT HOUSTON TX 77024 239319102020 GEOFF & VICKI HASLEY 221 WILDFLOWER RD CARBONDALE CO 81623 239319102021 MARK HARRIS & CLAUDIA LAUER 195 WILDFLOWER RD CARBONDALE CO 81623 239319102022 AARJAVE SHAH & MEGAN HAYES 171 WILDFLOWER RD CARBONDALE CO 81623 239319102023 ALEXANDER & DOROTHEA THOMSON 127 WILDFLOWER RD CARBONDALE CO 81623 239319102024 RICHARD & LEANN KATCHUK 12 PRIMROSE LN CARBONDALE CO 81623 239319102025 THOMAS RITZEL 36 PRIMROSE LN CARBONDALE CO 81623 239319102026 RICHARD & PAMELA STRASSBERG 3400 SW 27TH AVE APT 1202 COCONUT GROVE FL 33133 239319102027 DOUGLAS YORK 602 CLIFFGATE LN CASTLE ROCK CO 80108 239319102028 FFRP LLC 1621 CENTRAL AVE CHEYENNE WY 82001 239319102030 KENNETH & DEBORAH ROBERTS 12 MARIPOSA CARBONDALE CO 81623 239319102031 AGV8 LLC 37 PRIMROSE LN CARBONDALE CO 81623 239319102032 WILLIAM & FRANCES HOGAN 54 MARIPOSA CARBONDALE CO 81623 239319102033 JAMES & CYNTHIA NOWERY 63 MARIPOSA CARBONDALE CO 81623 239319102034 KEISTER FAMILY 2012 LONG TERM TRUST 3101 S OCEAN DR APT 3708 HOLLYWOOD FL 33019 69 | P a g e Parcel # 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