HomeMy WebLinkAbout2.0 Extension Request - 10.06.2014
MEMO
TO: BOARD OF COUNTY COMMISSIONERS
FROM: TAMRA ALLEN, PLANNING MANAGER
DATE: OCTOBER 6, 2014
RE: HOMESTEADS AT MILLER LANE – RECONSIDERATON OF A REQUEST FOR EXTENSION
The Board reviewed a request for extension of the Homesteads at Miller Lane Preliminary Plan at the
September 15th Board meeting. At that meeting, no representative of the Applicant was present and the
Board unanimously denied the extension rendering the project void. Upon notification of the decision,
it was found that, in fact, the Applicant’s representative had not received notice due to an emailing
error and therefore staff is asking that the Board reconsider this request for Extension based upon the
Applicant’s initial request.
The Preliminary Plan for the Homesteads at Miller Lane (previously Sun Meadows) Subdivision was
originally approved via Resolution 2012-72 on July 16, 2012. The Subdivision is a residential
development of 8 lots (7 buildable lots and 1 open space lot) on 36.45 acres located approximately 1.6
miles west of the Town of Silt.
The Applicant, JimBob Ventures II, LLC requested in 2013 a 1-year extension request which was
approved in Resolution 2013-61 but that expired on July 16, 2014.
On August 28, 2014, the Applicant submitted a request to the Community Development Department for
an additional 1-year extension to meet conditions of approval.
The Preliminary Plan was originally approved with 21 conditions. To date, no documentation has been
submitted to the Community Development Department addressing any of these conditions.
Pursuant to Section 4-101.I.(4), if an Applicant fails to timely request an extension, the approval will be
void and the Applicant must submit a new application for the desired division of land approval. The
Board, however, may grant an extension of an otherwise expired approval upon a finding by the BOCC
that the failure to file for an extension was due to extenuating circumstances and that it benefits the
public interest to grant the extension.
Transmittal
TO: GARFIELD COUNTY BUILDING & PLANNING
108 8TH STREET, STE. 201
GLENWOOD SPRINGS, CO 81601
ATTN: TAMRA ALLEN
CC:
ATTN:
DATE: AUGUST 28, 2014
SUBJECT: EXTENSION REQUEST
PROJECT NO. 10003.01
ENCLOSURES:
NO. OF
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1 LETTER & SUPPORTING DOCUMENTS
1 LETTER & SUPPORTING DOCUMENTS CD
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BY: DERIC WALTER, PE
August 26, 2014
Garfield County Building & Planning 108 8th Street, Ste. 201 Glenwood Springs, CO 81601 RE: The Homesteads on Miller Lane – Extension of Conditional Approval Resolution 2013-61 BUI #13019.01 To Whom it May Concern:
The purpose of this letter is to request a second Extension of Conditional Approval for the Homesteads on
Miller Lane Subdivision. A previous extension on year extension was approved by the Board of County
Commissioners (BOCC) on September 3, 2013 (Resolution 2013-61) and recorded with the Garfield County
Clerk and Recorder under Reception No.840746. Although the approval was granted on September 3,
2013, when the Applicant, Mr. Jim Cagle of JimBob Ventures II, LLC, contacted me earlier this month to request that I help him process this request, it was revealed that the extention date was somehow retroactively set for July 16, 2014 and not one-year from the date of the approval. I have enclosed a copy of Resolution 2013-61 with the dates highlighted. In representing the Applicant’s case, please know that the Mr. Cagle relied heavily upon his attorney, Mr. Loyal E. (Lee) Leavenworth, to process the previous request for extension. Mr. Leavenworth did an excellent job in preparing and processing the necessary paperwork, but on the day of the hearing fell
extremely ill. I don’t mean to storytell too much, but with a few gasps of air, he managed to tell his wife that
day to track me down and cover for him. Thus I raced over to the BOCC hearing, managed to present the
information prepared, and the BOCC was kind enough to grant the request. Although I presented the
information to the BOCC, all documentation of the approval was delivered to Mr. Leavenworth, as would be
expected. Unfortunately, Mr. Leavenworth’s health prevented him from representing the project further
beyond that day and the understandings and expectations, including the retroactive extension date, were never reviewed and fell through the cracks. Despite the economic hardships still facing Western Colorado, the Applicant has maintained his vision for the subdivision and fully intended to submit a request for extension in good faith and on time, which is why he contacted me well in advance of his understood deadline of September 3, 2014. The economy and homebuilding industry have improved slightly over the past 12 month, which is encouraging, but improvements are still needed to justify the financial investments required to construct the infrastructure and fullfill the other conditions of approval. When increased demand does arrive, it will be
beneficial to the homebuying community to have subdivisions like the Homesteads on Miller Lane approved
and ready for construction without the extended 12-18 month delay typically required to process a
subdivision application. This ‘on the shelf’ inventory will also help control the rate of increase in home prices
by maintaining available supply closer to the immediate demand.
The Applicant and I appreciate your considerations and understanding and would like to request a two (2) year extension for the subdivision with hopes that the economy will continue to improve favorably. If you have any questions, please feel free to contact me at 945-5252 x 1. Sincerely, BOUNDARIES UNLIMITED INC.
Deric J. Walter, P.E.
Enc.
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Reee~tion#: 840746 09/17/2013 09 43:58 AM Jean Alberico 1 of 3 Rec Fee $0.00 Doc Fee·O.OO GRRFJELD COUNTV CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 3ro day of September A.D. 2013, there were present:
O'Jo:'hnC"--'M!:!"'art,_.i..,n'---------------' Commissioner Chairman
=M!.!ik"'e~Sa!!!m!!.s.,o"'n'--------------' Commissioner
-"-T""om~J"'an"'k,_,o,_,v_,sk"-y,__ ___________ , Commissioner
..,A"'n,.dr..,e~w'-'G,.o,r.,.g.,.ey..._ ___________ ~. County Manager
~F~ra"'n~k~H~u~tfl~e~s~s _____________ ,,CountyAttomey
"'Je.,an.....,.A....,I""b"'er"'ic.,o'--------------•• Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO. dD/3-i>/
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ONE YEAR
EXTENSION TO COMPLETE THE CONDITIONS OF APPROVAL FOR THE
HOMESTEADS ON MILLER LANE PRELIMINARY PLAN, ON A 36.465 ACRE
PROPERTY OWNED BY JIMBOB VENTURES II, LLC LOCATED ON COUNTY
ROAD 227 (MILLER LANE), IN THE NWY. SE Y. OF SECTION 6, TOWNSHIP 6
SOUTH, RANGE 92 WEST OF THE 6111 P.M., GARFIELD COUNTY
P ARL"'EL NO. 2179-064-00-725
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for an one year time extension to complete the conditions of approval for the
Homesteads on Miller Lane Preliminary Plan and as further described in Resolution 2012-72,
recorded at Reception No. 822759.
B. The Homesteads on Miller Lane subdivision is located on a 36.465 acre parcel of land
owned by JimBob Ventures II, LLC.
D. The subject property is located within unincorporated Garfield County in the Rural
zone district, approximately 1. 7 miles west of the Town of Silt, Colorado.
E. During the regular public meeting the Board on the 12th day of August, 20 13 upon the
question of whether an one year extension to complete the conditions of approval for the
I
,
1111 ~',"o~.l'l'1i~.II'~,HI~,~f,I~U~~IIllM~ M\1~~ ~~~~ IIIII
Reception#: 840746 09f17f2013 09:43:58 RM Jean Alberico 2 of 3 Reo Fee:$0 00 Doc Fee:O.OO GARFIELD COUNTY CO
Homesteads on Miller Lane Preliminary Plan should be approved, approved with conditions, or
denied, during which meeting the public and interested persons were given the opportunity to
express their opinions regarding the request
F. The Board of County Commissioners continued the meeting to September 3, 2013 in
order for the Applicant to remedy an existing violation on the property involving the placement
of a sign on the subject parcel "offering to sell" the lots of the subdivision.
G. During the regular public meeting the Board on the 3rd day of September, 2013, the
Applicant gave testimony that the sign was removed which was verified by County staff.
The Board on the basis of substantial competent evidence produced at the aforementioned
meetings, has made the following determinations of fact:
I. That proper public notice was provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. The Applicant has demonstrated that the one year time extension to complete the
conditions of approval is necessary due to the economic market; and
4. The Applicant has satisfactorily cured a violation on the property that would
otherwise prohibit the County from approving an extension of the Subdivision
Preliminary Plan.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A one year extension, to and including July 16, 2014, to complete the conditions of
approval for the Homesteads on Miller Lane Preliminary Plan is hereby approved.
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1111 ~~~~t·~~~~~~~~~~~l¥1~11t'II,II~~~~\(I'I'I~I'M lrll ~·~ IIIII
Reception": 840746 09/1712013 09:43.58 ~M Jean Alberico 3 of 3 Reo Fee:$0.00 Doc Fee 0_00 GRRFIELD COWHY CO
, A.D. 20.__:.t_3 __
ATTEST:· BOARD OF
GARFIELD
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
"'C-"O""MM~I.,S""S..,IO""N"'-'E"-"R'-C"'HA'-"-'-"'IR"'J'-'O~HN....,_,_"'-F.,_,MA-'-"-'""'R"'-T.._IN_,__ _______ ,, Aye
,C-"O""MM.....,..I.,S"'S..,IO""N_,.E""R'-M"""'IKE~""SAo.=.M.,S"'O""'N,__,..,.,-------------~· Aye
-"'C-"'O""'M"'M""I""SS"-'I""O-'-'N""E-"'R--'T-"O"'M"'J'"'-A"'-NK=O"-'V'--"S'-"K"-'Y~---------' Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , 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 Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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