HomeMy WebLinkAbout4.0 Staff Report BOCC July 20.2015Board of County Commissioners - Public Meeting July 20, 2015
!ronbridge PUD Phase lll Preliminary Plan Extension
A 2013LandUse and Code, as amended
Letter of dated Jul 2015 from Neu Hanlon, PCB
C Resolution 2008-42
Resolution 2OLO-44D
Resolution 20lI-09E
Resolution 2013-49F
G Staff Memo
H Draft Resolution
KarpNeu^Han[gn;Sander N. Karp
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F. Fosnaught
Jeffrey J. Conklin
Matthew L. Trinidad
Mark L. Iodice
OfCounsel
Anna S. Itenberg
Greg S. Russi
Hollie L. Wieland
201 l4'h Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Telephone: 97 0 -945.2261
Facsimile: 97 0.945.7 336
uawt*lsgu nteiolavInm. caE
Kathy Eastley, AICP
Senior Planner
Garfi eld County Community Development
108 8th Street, #401
Glenwood Springs, CO 81601
Transmit via emai I : keastley@garfi eld-county.com
Re: Request for Extension of Approval for lronbridge Phase III Preliminary Plan
Dear Kathy:
Thank you for working with Blue Heron Properties, LLC over the past several months on
their Final plaiApplication foi Phase III of the Ironbridge PUD. At this time we are requesting an
extension of the Preliminary Plan until July 1,2016 to allow Final Plat approval of the Phase III,
Filing I, Final Plat in 2015 and Phase III, Filing II in 2016'
The reason for the request for extension is to allow for the completion of the Filing I and II
plats as separately filed Final Plats. This allows for staggered implementation of Public
Improvements reducing security costs for Public Improvements which have risen dramatically since
200g. ln addition *, i6 designating lots in Phase ill, filirg I for the remaining affordable housing
requirements. Currently, stiff tras- determined that splitting Phase III into two (2) Filings is
peimissible under the LUDC allowing for us to make this request.
We recogni ze thatthe extension will need to be considered by the Garfield County Board of
County Commisiioners and are hopeful that the Preliminary Plan extension can be considered either
contemporaneously with or prior to the public meeting on the Phase [II, Filing I Final Plat'
Should you havc any questions please do not hesitate to contact me.
Karl J. Hanlon
kih@mountainlawfi nn.com
July 2,2015
Very trulY Yours,
KARP NEU HANLON, P.C
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STATE OF COLORADO
CountY of Garfield
At
Colorado,
Glenwood
)
)ss
)
Cornmissioner
Commissionet
Assistant County AfiomeY
Clerkofthe Board
CountY Manager
when the following ptoceedings' amorg others were had and done' to-wit:
RESOLUTION NO. ,OO8'4'
ARESoLUTIONCoNCERNED^]ITHTHEAPPRovaLoFAPRELIMINARYpiA'.r-Apilrcir"r[t'ffi"ffi ';Bi'b#fi
ANi-idr,o,rDE'EL,PMENr
WIIEREAS, the Board or co.roty iommissioner:
-oI
Guffitltl county' -colorado'
received a rr"iiminfi'ril;;p,,*tt"rJH;ffi'[o" n^tr" ''c to subdivide a46'29-
acrc property into s;iy (60; resiaential lots; and
WHEREAS, the subject property is zoned PLJD; and
WHEREAS,onJune6h,[ooT,theGarfiell?**yPlanrringandZoning
commission tor**a.a a recomme"gti; ;; "ipt-""d
with conditions to the Board of
County commissilniii [itt'" p*riininary Pian; and
WHEREAS, on March 10t',2008, the Board o{9o:"tv Commissioaers opened a
oublic hearing "p*-iit qu":tio: tf,;t"il';; P;;:d;' ilan should be grantetl'
emnted wittr coniii"i, ri a.*ra utirii.*i'h"*i"g ttre puutic and interested persons
ivere given the oppornrnity to e*presr tf,ti' tpi"ioo"Jg]tiioj t' itt"*te of said
PreliminarY Ptan; and
WHEREAS,theBoardo-fpoyrtrCommissionersclosedthepublicheuingonthe
March dfi:too8 ;rG ' final decision; and
1
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[."ff f fu]f ti;ifii?=,8r."' Fr!, I I BE" l;fi r r ELD co uNr y co
WHEREAS,theBoardofCountyCommissionersonthebasisofsubstantial
competent evidence produced at the ^f;?;;i;;;-h;*i"g,
has made the following
deteimination of facts :
l.Thatproperpublication,publicnotice,andposlingwasprovidedasrequiredbylaw
for the hearings before tti pt-oing ;d Z"tffiCi*itiion and before the Board of
2. That the public hearings before the Ptanning and zonln;scommission and the Board
of county co*i*ioi"rs were ""t.r[il" LJ complete; all oertinent facts' matters
and issues *"r. ,,rb*it .d; and ,rr* iiili"r**d parties *# t"'ra at those hearings'
3. The application is in compliance yrth the standards set for*r in section 4:00 of the
Garfield co*tyi"uii"iti[' ntg"fations of 1984' as amended'
4.Thattheproposedsubdivisionoflandisincompliancewiththerecommendationsset
forth in the comprehensive plan ror ti"-*i"corporated areas of the county'
5. The proposed subdivision of land conforms to the Garfield county zonngResolutioa
of 1978, as a:nended'
6. The proposed use is inthe best interest of the health, safety and welfare of the citizens
Corrnty Commissioners'
of Garfield CountY
Commission;
z
NOW, THEREFORE' BE -IT RESOLVED by tlre Board of County
Cornmissioners of C#;,d E;r:nty, Coloradl, tf''t [*ta on determination of facts set
forth above, the preliminary plan r"qrr"oirlipror"a *i*t the following conditions:
lAllrepresentationsoftheApplicant,*ry'gl,fu,theapplicationorstated
at the hearing before ur"'ioara of cor:nty commiisioners'.shall be
consideredcooditions"t"pp*"aunlessoth"''uis"modifiedbythe
A geotechnical engineer shall be retainbd to inspect and evaluate all raw
grading surfaces, "i- 'iop"' ditches' Td *y ott'"t- excavations before
covered with stmcturJi;ffifiii; erosion blankets, foundation elements'
etc, in order to inswe, as'best u, porribl, trrua visitte.ground and soil
conditions that may-indicate local g",;;Gidence wilt be discovered
and addressed;
3 Site-specificfor:ndationinvestigationsshallbeconductedforthe
2
individual sites;
llll lltrr fll,fEl,flllttl'tf h'Hll'ffiH Lltitlil l{'$ lll{ il ll I
fifif FR'fl ti ;if]1",3u".'r$, B I EE tER" ELo couNrY co
4TheApplicantshalldisclosethepotentialrisks.toallfutrrrepruchasers
conceming potential settlemelt "ilr" l"ii"p=itr" soils and risk of
spontaneou* ffi#;prJre;rrr*ed to evaporite kalst phenomena;
5PriortothesubmittalofthgFinalPlatApnliglio'ntheApplicantshall
demonsrrate compliance with d; on;;;teh'Rffordable Housing Escrow
Agreement;
6Drainageshallbeaddedasauseoftheside,rear,andfronteasementson
theplat;
7 Outlet protection shall be added to the drain system;
SErosionCgntrolBlanketsshallbecalledoutonthesteeperslopes;
9 The applicant shall place the following plat notes on the final plat:
a) "cotorado "I"fftii; ;;:;;.iiii-pu"uont ro c'^R's' 3s-3-101' et seq'
Landowners,resiientsandu.isttiii.mustbepr.eparedtoacceptthe
activities, sights, sounds ona r*rix"r7-b;;nr11'countv's agricultural
operations*.iniiolandn,c"si.a}fwi,iLllning.inaCountywitha
strons ,u'ot
-"i;"i'u- ina ^ ;;fi'w 'onihiys 'sector'
All must be
' prepared * ,,#,ii,;.*;i;;:, 9i,i'"iiin'i, i"d"dust .smofo chemtcals,
machinery on public 'o!+' ti*''rcT*"i' puili' r'oads' storage and
disposal o7 iinir, and the ,ppii"iiro" by spraying or otherwise of
chemical feniff Ji'rrii o*rrd*[nii, lrertiiidri, and nesticides' anv one
ormoreo1il'icnmdynawallyii'u'asapartoialegalandnon-
negligent agrtcultural operations "'
b)*Noopenhearthsottd.fuelfireplaceswiltbeallowedanw,lherewithinthe
subdivision,one(1)iewsotid-fuetburningstoveaSaineabyC.R.S,25.
7-401, et. sew., and the ,rgotoii'r;;'iii*iis*e.d th'ereunder' will be
allowed in arty dwelling unit.
"ii-awrtting units wilt be allowed an
unrestricted-ii*tq of natural gas burning stoves and applinnces'"
c),,Allowwrsofland,whetherranchorresidence,.hrveobligationsunder
State low onicounty ,,gilotron, *iil,,'iia t9 t\.maintenance offences
and irrigati;r";r;r;;;, int ottinl i'r'iifurping tivestock and pets tmder
control, using property in o,,oidoi"" with.zoiing, and, other aspects of
usingand-iarn?arningprope;ty"Residentsl'"dlandownersare
encowaged;:;t;; ;;"* ,i,i1i)Enis and responsibiltties and act as
good neish;;;";; 'i'i'"1 of ine Zountv' A go-od introductory source
for such i;i,*oi,tton * "A .i;id,-lo'n*o| Livins & Small Scale
Agriculnrei prut out by the cruiJ, ir*i unt *sitybxtenslon'ofice tn
GTrfietdCountY"'
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[q'f ?!B?'f ?i:ffi 3B
" "' F r!' E I BE' lEE, r ELD couNr y co
d) "All exterior lighting- will .be the minimum amount necessary and all
exterior lighting wi, be aorrira'i*oni and downward towards the
intertor of the subdivision, "*"rpi _tnot provistons_may be made to allow
forsafetvtiii""ri'";;;;;iivi"athepropertvboundaries'"
e),,one(1)dogwillteallow(.foreachresidentialunitandthedogshatlbe
r e Qutr e d,, i'"' "i ffii i i i'nii th e ow n e r' s pr bp er ty b o un dar i e s' "
f) ,,There are potential rislrs concerntng settlement ;from collapsible soils
and risk of spontan'ou' g'o;ia';';';W relaid to evaporite larst
10
11
12
ATTEST:
phenomena.
Plan APProval;
GARFIELD
BOARD
COMMIS SIONERS,
COUNTY
OF
COI.]NTY,
The Applicant shall provide Statrwith a copy of the 9?PlD:"nstruction
StormwaterPermit(orpermit"m"namenD,*ithi',60daysofPreliminary
TheApplicantshallprovideacopyofa.ConstructionPermitfromCDPtlE
Air pollutioo conri"d;r;;'(.. u trtt.i from GDPIIE Air Pollution
control Division stating a permit i, ,,J-r.quired) within 60 days of
Preliminary Plan APProval;
construction on Lot 24 is limitedto single storr dey-elopTelt and shall be
constmcted in ,"*i;; iiti - lrJ n"ised visual Impact Studv
completed by Norris ilesign, dated May 2"d' 2OO7 )
,.lh
Dated tt i. ''7 E
aav otA{ruL 'A'D' 2008'
4
f sper
ofthe Board
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UponmotiondulymadeandsecondedtheforegoingResolutionwasadoptedby
the following vote:
Jo,hn
Aye
Aye
Aye
STATE OF COLORADO
CountY of Garfield
office.
)
)ss
)
l, - ----------tCounty Clerk and ex-officio Clerk of the
Board of county cffi co*rty and state aforesaid do hereby
cerriff that the ,r"";;d;tior"goiog n"rot''tio" is truli copied from the Records of the
proceeding of the B;d ;iCo*ity C"*;;;i;" fot tuia C*f'"ld Countv' now in mv
IN WITNESS WHEREOF' I have hereunto
said county, at Glenwood springs' this
-
day of
set mY hand and affixed the seal of
A.D.2008
CountyClerkandex-officioClerkoftheBoardofCorlntyCommissioners
5
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fleception#: 78?57Ad6t22l2Dfi @3t472O Pil Jean Qlberlcoi-6l-g-nec Fie:$0.00 Doc Fee;O.0o G0RFIELD GOUNTY C0
STATE OF COLORADO
County of Garfield
)
)ss
)
At a regutar meeting of the Board of cormty commissiorprs for Garfield county'
colorado, t}eld in tlr" co-ii"sioners, Me.tG o*ra-9feld corrrty Plaza Building, in
Olenwood Spings onMonday, the ?m day of Jrme' 2010' there were present:
Commissioner Chairman
Commissioner
Commissioner
Cormty Attorney
Clerk of the Board
Couuty Manager
when ttre following proceedingq among ofhers were had and doue' to-wif
RESOLUTIONNO' *o 'O-41
A RESOLUTION CONCERNED WITH TI{E APPROVAI' OF A]"I EXTENSION FOR
IRoNBRIDGE,PIIA,SETIPRELIMINARYPLANLoCATEDWITHINTHE
IRONBRIDGE PUD OU A PARCEL OiMVSP BY LB ROSE RANCH LIC' AS
DEBToR AI.rD DEBi6h-is possBsslohl IN ITs CHAPTER 11 cAsE IN rIrE
1JNITED STATES BANKRUT'TCY COUNT OF THE SOI'JTTIERN DISTRICT OF
Nilw voin cAsE No- l8-13ss5, GAPJTELD coLJNTY
PARCEL N O - 239 5 -Ot2a6-00 1
Recitals
A.GarfieldCountyisalegalandpoliticatsrrbdivisionoftheStateofColoradofor
which tt" norra of county commissioner" pourd) is authorized to act
B. On 7fi d"y of June, 2010, the Board of County Commissioners opened a public
meeting upon the qur*tior of whether tt"-t*"*io" to fite a Final Plat should be granted'
gra$ted with conditioli;; fu; 1t *F:h meeting the pubtic and interested persons were
given the opportunity t" "-p*t ,t"it opiniort teg*iirg ti" i*t'*tt of said e:rtension'
c. The Board of county commissioners acted on the basis of substantial
competent evidence produced at the aforemenrioned meaing'
D. The Preliminary Pian for the "Ironbridgg Phry Itr" subdivision was approved
by the Boad oo U" Aui of ffyn 10, 2008 ,La,, Resol'tiou No' 2ffi8-42 for real
prop€rty currcnfly oo,oJty LB Rose n*"U LLC, as Debtor md Debtor in Possession in
3
Et.lt.1tl
EI[| fil.r ! J?rHl,UtFfi I!$r rF;Ell[ t1lr lfi} lilt H'u Er rr t
E"j?,?'5l{if h,{fF;lFg".'r::,BlBE'tEF,,,'-oco'|''NrYco
its, chapter I I case in rhe united states Banlruptcy court of the $outhern District of
Ni* Virf,, Crs*ll"- 08-13555, GarrreldCounry' Colorado'
E. In accordance with the GarEeld county Laod Use Resolution of 2008, as
afioended and the Pretiminary Ph";;;; for-"1r9!riige' Phase IIf'nrbdivision' the
Applicant is required to file a TochniJiiv co*pr"t' Final F161 application prior to March
10,2009.
F.TheBoardofCorurtyCommissionersconsideredaone.yearexterxionofthe
preliminary pfi J a n tfi" li""ti"g h"!9 ot*y"r"h. ?,,,009 and approved a one year
**t *ion io fiilai""toi"afy Complete Fiml Plat to March l0' 2010.
G. In accordance with proposed amendments to the Garfield cormty Land use
Resolution of 200E, as amelrded, "raG f*fi''f""y Plan apploval for1|e,*lronbridge'
phase IIf, subdivision and n Urrqu""t;*-yeat "rrte,nsion'
the Afplig{-filed a.request to
cxtend t6e deadline for submittal oi o f""f"i*Uy Complete Fina ptat application to
March 10,2011.
Resolution
Now,THEREF0RE,BEITREsoLvEDbytheBoandofCounty
Commissioners of Carfield Couuty' Colorado' that:
A. The forgoing ReCitals are incorporaed by this reference as part of this Resolution'
B. The request for an octension to file a Final Plat will be consistent wiih the
,"qoirril."t, of rn" G"rfidd b;*ry urdfied Laod Use Resolution of 2008, as
**J;-]*; goara adoption oi a proposed amendment to permit such
extensions.
C.ThepubliomeetingbeforetheBoardofCouqtrCommissionerswasextensive
and complete; atl pertinent-f#; *rr,:* and issues were submitted; aod all
interesti pu*io wire heard atthathearing'
D. The requested
"t<tension
is in the best interest of the health, safety and welfare of
the citizens of Garfield CountY'
E. A motion was rnade to approve the exte'nsion to file a Teohnically complete Final
plat application for *frooUriielfi; ff until Mrch 10, 2011 and approved by
avote of 34'
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Dated this ? / r
dav of *d ,A.D- 2olo'
o
ATTEST: GARFIELD COUNTY BOARD OF
COUNTY. COLORADO
Clerk ofttre Bord
Upon motion drtlY
following vote:
STATE OF COLORADO
Countyof Cmrfield
.t/'/b
the foregoing
GAIIFIELD
by the
Lye
Aye
Aye
)
)ss
)
I, , Courrty Clerk and ex-offrcio Clerk of the Boaril of
6 County and Stare aforesaid do hereby certify that
the annexed ana fotegoing Resolution is truty copied from the Records of the Proceeding
of the Board of Courty Cimmissioners for said Gar6eld County, now in my office'
IN WTTNESS WHEREOF" I have herermto set my hand and Bffixed the seal of said
C;"1r, ;iGl*;*d Springs, this
-
day of - ' A'D' 2010
County Clerk and ex-officio Clerk of ihe Board of County Comnrissioners
,|,,
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Recrotlon$i 798879
Ez#d{'8ll 81?1a3.'I*'F33,8186'iffi' rELD cou*ry co
STATE OF COLORADO
County of Garfield
)
)s.s
)
At a reg,lar meeting of the Board of Courty Commissioners for Gtarfield CouDty'
conrJo, nettintue Corrfrissioners'Meetins Room, carfieltl Corroty PlanBuilding, itr
Cilenwood Springs on Mondan the 7ft day of February, 2011, there were presgnt
Mke SatQso!. ' '. -.'
Commissioner Chaiqan
Commissioner
Cornmissioner
Assistant CormtY AttorneY
ClerkoftheBoard
Couflty lvlanager
whenthe following proceedings, among otlus werehad and done, to-wit:
RESOLUTION 59. 2011-Q9
A RESOLUflON CONCERNED WITT{ TI{E APPROVAL OF AI{ EXTENSION FOR
IRONBRIDGE, PHASE M PN TNM.UNV PLAN L@ATED WTTIIN TIG
IRONBRIDGE PIJD ON A PARCEL OWNED BY LB ROSE RA}'ICH LLC' AS
pilri'i'ot-auo-orsron IN POSSEssIoN IN ITs CHAPIER l1 CAsE IN rlm
ffiTED Srems neNrntmcY CpIJRT oF TIIE SoIJrHERN DISTRIcT oF
NEWYORK CASENO. 08-13555, GARFIELD COUNTY
PARCEL NO. 2395-0 12-2G001
A. Garfiell County is a legal and political subdivision of the State of Colorado for
which the Board of Cormty Commissioners @oard) is authorizrd tb acl
B. On Zffi dry of Februuy,2Ol!, the Board of Cormty-Commissionen gPened a
publio iffig "p;"rh, questiop'of vnefier the extension to file a Final Plat should be
gr*A ga#d'with concitions, or denied at ufuich meeting fte public aod imercsbd
igoo* i"r. given the opportrmity to exprcss their opinions regarding the iszuance of said
extension.
a
C. The Board of Couty Coumissioners acted on the. basis of substaotial
compe-tent evidence producrd at the aforemelrtioned meeting'
. D. Ths proliminary Plur for the *ho,ubridge, Phase III" subdivision was ap'proved
by the noard 9n th; d"i of Maroh 10, ?008 ,mae. Resolution No. 200842 for real
?
I
i)
ltfiE?ldii?: :Ju:elEu F:s, el Ba' aEfi F r ELD corJ*ry co
Fope,rty cunedly owned by-LB.Rg;e Ranch LLC' as [btor and Debtor in Possession in
its Chapter f f Eor itmo UoituO Sffit-nu"f*.pt*y Court of the Sortrhem Distict of
New y6rk, case No. 0g-13555, ffield County, colorado.
^^^-r^-^a -,i+rr rhe I rd USe ResOlution of 2008, asE. In accordance wiih tho Garfield Couuty Lar
amended, and the Preliminary Plr" tppt;rJ for "Ironbridge, Phase { subfivision' the
Applicqntis required to file uf*mf,fiV Complete nna Ftat applicationpriorto March
10,2009:
F, The Board of corJn6, commissiouers considered a on.e-Yem entension of the
Protiminry Plan at a Public nAo,i"g n"l{ o-trvlarch- 2,2W9 and approved a one year
.r.t"*io, io fl;T";hi""Ily Compfete Final Plat to Mar61 f 0, 2010.
sion of theG.TheBoadlofCountyCommissioneBconsideredaone-yeurortea
preliminary ptan; a public Meeting n"H g1.h-7.,2919-T1.1pP*""d a one year
ortensiori to filea Techoically conplete Fhal Plat to Match 10, 2011'
H. In accordance with the Garfieful County Land Use Resolution of 2008' as
amemdeq and lbe Preliruinry plan approvar-rg ftr-."trnbridge, Phase ffi? subdivision
and subseq,ent oItB-]Ear extensions, deAryIi-gant filetl a rcqrrest to extend the deadline
. for rot*ltl of a Tectnically Complete Final Plat applioation ;
Resolution
'Now,ureneroRE,BEITREsoLvEDby,theBoadofCounty
Commissioners of GrEeld Couqff, Colorado, that:
A. Thre forgoing Recitals are incorporated by this r'eferencp as part of this Resotution'
B. The req,est for m extension to file a Final Plat is consi$t€nt with &e requirenreots
;i.h".ffidd c"*ty u"ined Laud Use Resolutio:e of 2008, as amended'
C.TheprrbticrrreetingbeforetheBoardofCormtyCommissionerswasextensive*d "Gl"t t uu"potir*t;;.*r, ;"fisn and-issue$ were submitted; anq all
int*ttttO'p"rtio w6re head at that heaing'
D. The requestod extension is inthe best inte'rest of fte bealft' safety and welfue of
tho citize4s of Garfield CountY'
E. A motiou was made to applove a trvo-- Y-ear extension^.to s".: Teohnically
Complete Final Plat apdicJtio" for "honbridgq Phese m" unfil March 10' 2013
aud aPProved bY a vote of3-0'
.; r'.i
)
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Datedtti, tYt dat of1ebr,la,,T"A-D' 2011'
ATTEST: GARFIELD COI.]NTY BOARD OF
COUNTY, COLORADO
rrew tn Ailtai
oftheBomd
Upon moti.on dulY mede aod
follou,ing vote:
STATE OF COLORADO
County ofGarfield
IN WIINESS WHEREOF, I have hereunto set my
COMIWSSIONERS, GARFIELD
by the
haod and. affxed the seal of said
A.D- 2011
Aye
Aye
Aye
)
)ss
)
t Co*ty *1 q11e aforesaid do hereby certi8'that
the annexed anO fore[oG n *-totioo is mrly copi"l T* the Recortls ofthe Proceeding
of the Board of Co*tCi*irrioo"o for said6*fr"U County, now inmyof6ce'
Couuty , d Glenwood SPrings,this:- daYof
county clerk aud ex-officio clerk of the Board of county commissioners
SEAI
the
,)
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STATE OF COLORADO
County of Garfield
)
)ss
)
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Carfield County Plaza Building, in
Glenwood springs on Monday, the 5tr day of August,z}73,there were present:
Tnm lqnlrnvc
Cornmissioner Chairman
Commissioner
Commissioner
Assistant County AttorneY
Clerk ofthe Board
County Manager
Ieqn Alhcrinn
when the fotlowing proceedings, among others were had and done, to-wit:
RESOLUTION No. /o/J - 4g
A RESOLUNON CONCERNED WITH THE APPROVAL OF AN EXTENSTON FOR
IRONBRIDGE, PHASE III PRELIMINARY PLAN LOCATED WITHIN THE
IRONBRIDGE PUD ON A PARCEL OWNED BY LB ROSE RANCH LLC, AS
DEBTOR AND DEBTOR IN POSSESSION
PARCEL NO. 2395 -0 I 2-26-001
Reoitals
A. Garfietd County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On 5rH day of August,2013, the Board of County Commissioners (the Board)
opened a public meeting upon the question of whether the extension to file a Final Plat
should be granted, granteil with conditions, ot denied at which meeting the public and
interested persons were given the opportunity to express their opinions regarding the issuance
of said extension.
C. The Board acted on the basis of substantial competent evidence produced at the
aforementioned meeting.
D. The Preliminary Plan for the "Ironbridge, Phase [II" subdivision was approved
by the Board on the day of March 10, 2008 under Resolution No. 2008-42 for real
pioperty currently ownedby LB Rose Ranch LLC, as Debtor and Debtor in Possession in
itr -Ctupt r II iase in the United States Bankruptcy Court of the Southern District of
()Dtr-
F
f fl iltl thrt'ttL'il'fhu H t.l { lf F{,ll+iH+ flil dll lll't ll tt I
E':",'?!8.ff [:.iE'r'111f;8 ""'; 3! 8 1 86' aER,,.LD co'{ rrJr y co
New York, Case No. 08-13555, Garfield County, Colorado.
E. In accordance with the Garfield County Land Use Resolrrtion of 2008, as
amended, and the Preliminary Plan approval for "Ironbridge, Phase II[" subdivision, the
Applicant is required to file a Technically Complete Final Plat application prior to March
10,2009,
F. The Board considered a one-year extension of the Preliminary Plan at a Public
Meeting held on March 2,2009 and approved a one year extension to file a Technically
Complete Final Plat to March 10,2010.
G. The Board considered a one-year extEnsion of the Preliminary Plan at a Public
Meeting held on June 7, 2010 and approved a one year extension to file a Technically
ComplJte Final Plat to March 10. 2011 as memorialized in Resolution}0T0-44-
H. The Board considered a two year extension of the Preliminary Plan at a Public
Meeting held on February 7, 2}ll and approved a two year extensiol 1o 11" "
technically Complete finai plat to March 10,2013 as memorialized in Resolution 2011-
09.
I. The Ironbridge Phase III Preliminary PIan expired on March 10, 2013 without
submittal of a technically complete final plat or request for extension of the Preliminary
Plan. On July 15,2013 the Land Use and Development Code of 2013 (LUDC) was
adopted by thl Board of County Commissioners, effective immediately. Thrc LUDC
authorizes the Board to consider extension of an expired Preliminary Plan in Section 4-
101 (IX4) upon a finding by that the failnre to file an extension was due to extenuating
circumstancCs and that it benefits the public interest to grant the extension'
J. The Board considered a two year extension of the Preliminary Plan at a Public
Meeting held on August 5, 2013 and found that extenuating circumstances did exist in the
failure Io request the necessary extension and that an extension would benefit the public
interest. Those circumstances include the fact that
-.Resolution
NOW, THEREFORE, BE lT RESOLVED by the Board of county
Commissioners of Garflreld County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution-
B. The public meeting before the Board of County Commissioners was extensive
and tomplete; all petinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
C. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield CountY.
I ll llrt1 l]lrlltl\Flt I Hil, lYr I ld f ltlflll' ltt'[ I irl, lfl .'l I I I I I
Receptionfl: E3Egl4
08/06/2019 08.45r44 Al1 Jean Alberrco
3 ol 3 Rec FeEi$O OO Doc Fee:o,0O GARFIELD CoUrllY Co
Dated tt i* 5a aay or (dutru,,f ,A.D. 2013.--
D. The request for an extension of the Ironbridge Phase III Preliminary Plan shall be
approved. Applicant is required to file a Technically Complete Final Plat
application prior to March 10, 2015.
ATTEST: GARFIELD COIINTY
COL'NTY, COLORADO
OF COMMISSIONERS, GARFIELD
Qruilr,
of the Board
Upon motion duly made
following vote:
by the
v
Mike
Tnm Jankovskv
STATE OF COLORADO
County of Garfield
I, , , County Clerk and ex-ofiicio 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.2011
County Clerk and ex-officio Clerk of the Board of County Commissioners
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aEXHIBtr
I lronbridge Phase lll
Preliminary Plan Extension
MEMORANDUM
REQUEST
APPLI / OWNER
REPRESENTIATIVE
LOCATION
SITE DATA
NIN
Preliminary Plan Extension of lronbridge Phase
lll to July (, Zot6
Blue Heron Propefties, LLC
Karl Hanlon, Karp Neu Hanlon P.C.
3.5 miles south of Glenwood Springs on CR 109
45.29 acres/ 61 Lots
lronbridge PUD
I
i
I
I
I. REQUEST & BACKGROUND
Blue Heron Properties, LLC requests the Board of County Commissioners, the "Board",
grant a fifth extension to file a technically complete Final Plat for Phase lll of the
lronbridge Planned Unit Development (PUD).
The Board granted Preliminary Plan approval on March 10, 2008, memorialized in
Resolution No. 2008-42 (Exhibit C), with a one year timeframe in which a technically
1
lronbridge Phase !ll
Preliminary Plan Extension
complete final plat must be submitted to the County. Extensions to the Preliminary Plan
have been requested in the intervening time period with the current expiration of the
Preliminary Plan having occurred on March 10, 2015. Exhibits D, E and F contain
resolutions which extended the Preliminary to this timeframe.
A final plat application was submitted to Community Development on February 27,2015,
however that application has not been determined to technically complete as of the date
of this report. A wriften request was re@ived for an additional extension of the
Preliminary Plan in a letter dated July 2,2015 from Karp Neu Hanlon, PC (Exhibit B).
II. AUTHORIW
Section 4-101(l) of the Unified Land Use Resolution of 2008, as amended, the "ULUR",
requires the Applicant seek an extension prior to expiration of a Division of Land approval,
specifically the ULUR states:
l. Extension of Approval.
Prior to the expiration of a Land Use Change Permit or Division of Land approval,
the Applicant may request an extension of the expiration date as follows:
1. Application shal! be made to the decision maker that issued the
original approval.
2. Extensions of 1 year may be granted for all Land Use Change
Permits and Division of Land approvals, except Final Plats, which are
limited to a 90day extension.
3. Requests for longer periods of time, or additional time extensions
following the first extension, shall be made to the BOCC prior to the
expiration of the current approval.
4. lf an Applicant fails to request an extension prior to expiration of the
approval, the approval will be vokl and the Applicant must submit a
new application for the Land Use Change Permit or Division of Land
approval.
III. BOCGCONSIDERATION
The Board has the option to extend the timeframe in which to submit a final plat pursuant
to the LUDC and Preliminary Plan requirements. This extension may be appropriate due
to a submitted final plat that is pending technical completeness, as well as the Applicant
determination to plat the lots in two separate filings.
-2-
STATE OF COLORADO
County of Garfield
John Martin , Commissioner Chairman
I\rfilre Sorncnn Commissioner
Tom Jankovskv
I(errin Refchelder Acting County Manager
Acting County Attorney
Assistant County Attorney
Clerk of the Board
Tqri'W'illiqrnc
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At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County PlazaBuilding, in
Glenwood Springs on Monday, the 20th day of July, 2015, there were present:
_, Commissioner
ean Alberico
when the following proceedings, among others were had and done, to-wit
RESOLUTION NO.
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR
IRONBRIDGE, PHASE III PRELIMINARY PLAN LOCATED WITHIN THE
IRONBRIDGE PUD ON A PARCEL OWNED BY BLUE HERON PROPERTIES,
LLC, GARFIELD COUNTY
PARCEL NO. 2395-012-26-00r
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On 5rH day of August, 2013, the Board of County Commissioners (the Board)
opened a public meeting upon the question of whether the extension to file a Final Plat
should be granted, granted with conditions, or denied at which meeting the public and
interested persons were given the opportunity to express their opinions regarding the issuance
of said extension.
C. The Board acted on the basis of substantial competent evidence produced at the
aforementioned meeting.
D. The Preliminary Plan for the "konbridge, Phase III" subdivision was approved
by the Board on the day of March 10, 2008 under Resolution No. 2008-42 for real
property currently owned by Blue Heron Properties, LLC, Garfield County, Colorado.
t-+
E. In accordance with the Garfield County Land Use Resolution of 2008, as
amended, and the Preliminary Plan approval for "Ironbridge, Phase III" subdivision, the
Applicant is required to file a Technically Complete Final Plat application prior to March
10,2009.
F. The Board considered a one-year extension of the Preliminary Plan at a Public
Meeting held on March 2,2OOg and approved a one year extension to file a Technically
Complete Final Plat to March 10,2010.
G. The Board considered a one-year extension of the Preliminary Plan at a Public
Meeting held on June 7, 2010 and approved a one year extension to file a Technically
Complete Final Plat to March IO,2Ol1 as memorialized in Resolution2OlO-44.
H. The Board considered a two year extension of the Preliminary Plan at a Public
Meeting held on February 7, 2Ol1 and approved a two year extension to file a
Technically Complete Final Plat to March LO,2OI3 as memorialized in Resolution 2OIl-
09.
I. The Board considered a two year extension of the Preliminary Plan at a Public
Meeting held on August 5,2013 and approved a two year extension to file a Technically
Complete Final Plat to March 10,2015 as memorialized in Resolution 2013-49.
J. The Applicant has determined to plat the lots contained in the Phase III
Preliminary Plan into two separate filings, therefore a valid Preliminary Plan must be in
place until such time as a technically complete final plat has been submitted for all of the
lots proposed in the Preliminary Plan.
K. The LUDC authorizes the Board to consider extension of an expired
Preliminary Plan in Section 4-IOl (I)(4) upon a finding by that the failure to file an
extension was due to extenuating circumstances and that it benefits the public interest to
grant the extension.
L. The Board considered an extension of the Preliminary Plan to July l, 2016 at a
Public Meeting held on July 20, 2015 and found that extenuating circumstances did exist
in the failure to request the necessary extension and that an additional extension would
benefit the public interest.
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 this Resolution.
B. The request for an extension of the konbridge Phase III Preliminary Plan shall be
approved to July 1,2016.
C. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
D. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
Dated this day of
-,
A.D. 2015
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Clerk of the Board Date Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
John Martin AyeA.{ay
Aye/I.{ay
AyeA{ay
I\,uTike Samson
Tom fankovskv
STATE OF COLORADO
County of Garfield
I,,CountyClerkandex-officioClerkoftheBoardof
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.20r5
County Clerk and ex-officio Clerk of the Board of County Commissioners
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