HomeMy WebLinkAbout3.0 Staff Report BOCC 05.06.2013 RevisionBoard of County Commissioners
Public Meeting June 3,2013, continued from May 6, 2013
lronbridge PUD Phase lll Preliminary Plan Extension
A Unified Land Use Resolution of 2008, as amended
B Letter of request dated April 19,2013 from Karp Neu Hanlon, PC
C Resolution 2008-42
D Resolution 2010-44
E Resolution 20ll-09
F Staff Memo Ib1kgvcS>r( M
f,T\O n^,ou( b (Av\h,vr,,'1, '1" 71dtb
2-o
KarpNeu^Hg"qplgn;Sander N. Karp
Iames S, Neu
Karl J, Hanlon
Michacl J. Sawycr
James F. Fosnaught
Jeflley J. Conklin
Hollie L. Wieland
Matthew L. Trinidad
O/Counsel
Anna S. Itenberg
Greg S. Russi
2Ol l4d Street,
P. O. Drawer 2030
Glenwood Springs, CO 81602
Tclcphonc: 97 0.945.2261
Facsimile: 97 0.945.7336
Karl J. Hanlon
kih@morintainlarv fi nn.conr
wrvrr,.rrrountainltrvl'inn.corn
April 19,2013
Via Email and U,S, Mail
Garfi eld County Community Development
c/o Kathy Eastley
108 8th Street, #401
Glenwood Springs, CO 81601
Request for Extension of Approval for Ironbridge, Phase III Preliminary Plan
Parcel No. 2395-0 12-26-001
Dear Ms. Eastley:
My firm reprcsents LB Rose Ranch, LLC, the developer of the Ironbridge community in
Garfield County (the "Applicant"). In 2008, the Board of County Commissioners for Garfield
County ("BOCC") approved the Preliminary Plan for the Ironbridge, Phase III subdivision under
Resolution No. 2008-42. The Preliminary Plan approval required the Applicant to file a
Technically Complete Final Plat application prtor to March 10, 2009 (the expiration of said
approval), rmless extended. The Applicant has obtained several extensions of the Preliminary
Plan approval for Ironbrtdge, Phase [II. Most recenfly, the Applicant obtained an extension to
submit a Technically Complete Final Plat application under Resolution 2011-09 that expired on
March 10, 2013. The Applicant only recently discovered that this expiration date lapsed without
obtaining an additional extension. The pulpose of this letter is to request an exemption from
Garfield County Land Use Code Section 4-101.I.4 and further request approval from the BOCC
for extension of Preliminary Plan approval for lronbridge, Phase III. The existence of numerous
exigent cilcumstances warant such an exemption and extension.
The Applicant is a banklupt entity currently under Chapter 11 bankruptcy in the United
States Bankruptcy Court of the Southem District of New York, Case No. 08-13555. The
Applicant has not been in a financially viable position in which to complete the development of
Ironbridge, Phase IlI. Pursuant to the bankruptcy, the Applicant has the Ironbridge property for
sale. Given the precarious state of the Applicant, it has simply not had the resources in which to
develop Phase III; however, the Applicant seeks to maintain the Preliminary Plan approval for
the property. Further, the Preliminary Plan approval has only recently lapsed. My firm did not
represent the Applicant when it obtained the most recent Preliminary Plan approval extension.
Upon change of counsel, notice was not provided of the pending approval expilation. We
recently discovered the expiration and immediately contacted the Garfield County Community
Development Department. Upon conferral with staff, they instructed us to request an exemption
Re:
KARP NEU HANLON, P.C.
Page2
from Land Use Code Section 4-101.I.4 given the exigent and unique circumstances under which
the Preliminary Plan approval expired.
As a result we respectfully request that the BOCC grant the Applicant an exemption
from Land Use Code Section l0l.I.4 and extend the Preliminary Plan approval for Ironbridge,
Phase III for two (2) years. Feel free to contact me with any questions you may have.
Very tuly yours,
KARP NEU HANLON, P.C.
?
Fo<
KIHjjccc: Client
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STATE OF COLORADO
County of Oarficld
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At a regular meeting of the Board of Corrnty Commissioners for Garficld County,
Colorado, hcld itr the Commissioncrs'Mccting Room, Garfield County p1rr" Suilding, in
Gleuwood Spiags on Monday, December l0rr, 2007, therc were present:
fahn l\lfar,+ir Commissioner Chairman
Commissioner
Commissioner
f omr Lfalt^.t-
Ito*1.- n-Ll*-Assistant County Attonrsy
Jcan Albcrico -.- . Clerk of the BoEd
Iirl f.!ma-County Managcr
whcn the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2oo842
A RESOLUTION CONCERNED WTTH THE APPROVAL OF A PRELIMINARY
PI.A}.I APPLICATION FOR IRONBRIDGE PLA}.INED UMT DEVELOPMENT
(PUD), PHASE Itr
WHEREAS, the Board of County Commissioners of Garfeld Cormty, Colomdo,
rcceived a heliminary Plan Application from LB Rose R.anch, LLC to suMivide a46.29-
acre property into sixty (60) residential lots; and
WHEREAS, the subject proporty is zoned P[JD; and
WIIEREAS, on June 6o, 2007, thc Garficld Corurty Planning and Zoning
Commission fonuasdcd a recommendation of approval with conditions to the Board of
County Commiesioners for the prcliininary Plan; and
\ITHERBAS, on March 10t, 2008, the Board of Couuty Commissionen opencd a
public lrearing upon the question of whsthcr thc Preliminary Plan should bo grautcd,
granted with conditions, or denied at which hearing the public and intcrosted p€rsons
wene given the opportunity to exprcss their opinions rcgarding tlc issuance of said
Prcliminary Plan; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
lv[arch lOn, 2008 to make a final dccision; and
T'dai lfanrr+
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WI{EREAS, the Board of County Commissioncrs on the basis of substantial
gomPet!trt evidence produced at the aforementioned hearing, has made the following
dete,mination of facts:
l. That proper publication" public notice, and poging was provided as required by law
for thehearings before the Plmning and Zoning Cornmission and before,the Board of
Coun$ Commissioners
2. That the public hearings before the Planning and Zoning Coromission and th€ Board
of County Cornmissioners were ortensive and cornplete; all pertinent facts, matten
and issues were submitted; and that all interested parties were treard at those herings.
3. Ihe application is in compliance with the stadards set forth in Section 4:00 of the
Garfield Corm$ Subdivision Regulations of l9&4, ss am€nded.
4. That the proposed subdivision of land is in compliance with the recommendations set
forth in the comprehensive Plan for the unirrcorporated areas of the county.
5. The proposed subdivision of land sonforms to the Garfield County ZofugRcsolution
of 1978, as amended.
6. Thc proposed use is in the best inerest of the health, safety and welfare of thc citizens
of Garfield Coudy.
NOVf, TIIEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that bqs€d on dctermination of facts set
forth abovg the Preliminary Plan request is approved with tre following coaditions:
All representations of tte Applicant, either within the application or stated
at the hearing before the Board of County Commissioners, shall be
considered conditions of approval unless otherwise modified by the
Commission;
2 A geotechnical cngineer shall be retained to inspect and evaluatc all raw
grading surfaces, cut slopes, ditcheg and any other excavations before
covcted with stuctrral filf topsoil, erosion blankets, foundation elernents,
etc, in ordcr to iasu,e, as bcst as possible, tha visible gror.rnd and soil
coaditions that may indicate local ground subsidence uriil be discove,red
and addrcssd;
3 site-specific foundation investigations shall be conducted for the
individual sites;
I
2
5
6
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4 The Applicant shall disclose the poteDtial risks to all future purchasers
conoeming potential settlemcnt from collapsible soils and risk of
spontaroous gound openings related to evaporit€ karst phenome,n4
hior to the submittal of the Final PIat Apptication the Applicant shall
domonstate compliance with the Approved Affordable Housing Escrow
Agre€rnenq
Drainage shall be addcd as a use of the side, rear, and front easements on
the plaq
7 Outlet protcction shall be added to the drain system;
8 Erosion C,ontrol Blmkets strall be called out on the steepr slopes;
9 The applicant shall place the following plat notes on thc final plat:
a) "Colorodo is a "Rlglx-to-Fmm" State purwot to C.RS. 35-3-lU, et seq.
Lotdowners, resi&nts and vkitors must be prepwed to accept the
acttvitles, sights, sowtds and smells of Gofield Cotnty's agriaitwal
operatlow as a normal ard necessary aspect of living tn a Cowty wirt a
strong rural chsacter and a healtlry rarchW sector. All must he
preped to encounter noises, ofur, lights, mud dust, smoke chemlcals,
machinery on pfilic roads, ltvestock on public roads, storage cnd
disposal of manure, and tlle application by spraying or otheruise of
clwmical fertiltzers, soil annndnenE, herbicides, and pesticldes, afiy one
or mo?e of which may natwally occut as a part of a legal d now
negligent agrlcullural operdions. "
b) "No apen hearth solid-fueltireplaces will be allwted atwhere within the
subdivision One (1) new solid-firc|burning stove as delied by C.R-I. 25-
7401, et. sew., and thc regulations promulgoted thereunder, will be
allowed in any dwelltng untt. All dweAing mits will be allowed an
unrestricted ntmtber ofnatural gas bwning stoves otd appliances."
c) "All owrurs of land, wlrcther ranch or residence, have obligations under
State law and Cotnty regulations wlthregardto the malntenance oftences
ond irrigation ditches, controlling weeds, keeprng livestock ond Ints under
control, using property in accordance with zontng and other aspects of
wing and maintaining proryrt!. Residents and landou,ners oe
encouraged to leant about these rlghts and responsibilities ad sct as
good neighbors ard citizeru of tlu Courfi. A good tntrofirctory sorfice
for such information ls nA Guide to Rwal Llvtng & Small Scale
Agricultwen put ottt by the Colorada State University Extension ffice in
GmfieldCor,trrty."
3
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d) "AII exterior lighting will be tlu minlmwn amount necessary and all
mterior liShtW will be directed imvard *td dowm+od towards the
interlor of the subdivtsiotl except that provisiou mq) be madc to alla+,
for safety lighting that goes beyond tlu property botmdaries."
e) " One (l ) dog wlll be allowed for each residential unit and the dog shall be
re{uired to be confircd within tlre owrur's property boundnies.';
0 "There are ptential risks concerning settlement frofr, collapsible soils
and risk of spontaneous growtd openlngs related to evaporite lcarst
phmomcna.
10 The Applicant shall provide Statr\+,ith a copy of the CDPHE Construction
Stormwater Pmnit (or permit aneudment) within 60 days of Preliminary
Plan Approval;
ll The Applicant shall povide a copy of a Construction Permit from CDPI{E
Air Pollution Contol Division (or a lettcr from CDPHE Air Pollution
Control Division stffing a permit is not requird) within 60 days of
PrEliminary Plan Approval;
Conshuotion on [.ot 24 is limited to single story development and shall be
constnrcted in compliance with the Revised Visual lmpact Study
completed by Norris Design, dated May2il,2OO7;
n{h
Daredtti, '/ = day of 0{Nt-L , A.D.2008
12
ATTEST:GARFIELD COI.'NTYBOARD OF
COMMTSSIONERS,
COUNTY,
9"V1
of the Board
4
SEAL
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Re ccption#: 7t063:lE@4lllrmr{, 08:51 ,10 fll Jeen e lbGrioo5 of E R.o Fe8:t0.@ Doo F..io.@O €RRFIELD C0UNTY co
Upon motion duly made and secondcd the foregorng Resolution was adopted by
the following votc:
fnhn l\rfnrtin
T-ntrv tfnCourrr
Tnici l{nrrnt
STATE OF COLORADO
County of Carfield
f, , County Clerk and ex-omcio Clerk of the
Bord o-f Co*ty C""ity and State aforesaid do hereby
a€rtify that thc annexed and foregoing Resolution is tuly copied from the Records of the
Proceeding of tr€ Board of Cormty Commissioners for said Garfield Connty, now in my
office.
IN WfTNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Gleowood Springs, tbis _ day of A.D.2008
County Clerk and ex-officio Clerk ofthe Board of County Commissioners
Aye
Aye
Aye
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)ss
)
5
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STATE OF COLORADO
County of Garfield
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At a ragular meeting of the Boad of County Commissioners for Garfield County,
Colorado, held in the Comnrissioners'Moeting Rmm, Garfield Cotmty Plaza Building, in
Glcmwood Springs on Monday, the f day ofJune 2010, tlrcre weroprescnt:
JphnMartin . CornmissioncrChairman
Llilrp Sornonn Commissiom€r
Commissioncr
Couty Attorney
Clerh of the Board
Ed Gracn (,absenO .. . County tvlana&r
when the following proceedings, among othcrs urere had and dore, to-wit:
RESOLUTIONNO. dO 10.11
A RESOLUTION CONCERNED WTIH TTIE APPROVAL OF AI.I EKTENSION FOR
IRONBRIDGB PHASB III PRELIMINARY PLAI{ LOCATED WTHIN THE
IRONBRIDGE PI.,D ON A PARCEL OWNED BY LB ROSE RAI.ICH LLC, AS
DEBTOR AI{D DEBTOR IN POSSESSION IN ITS CHAPTER I I CASE IN THE
UMTED STATES BAI{KRUPTCY COI,'RT OF THE SOI,TTHERI{ DIT|TRICT OF
NEW YORrg CASE NO. 18-13555, GARFIELD COI.JNTY
PARCEL NO. 2395-012-26-001
Rscitels
A. Garfield Cormty is a legal and political srbdivision of the Starc of Colorado for
which thc Board of Cormty Commissioneis (Board) is altorizod to act
B. On 7o d"y of June, 2010, th€ Boad of County Commissioners opened a public
meeting rrpon the question of whsther the ortemsion to file a Final Plat should be grantc4
granted with conditions, or denied at which mecting the prblic md interested pclriltos urarc
given the opportuity to express their opinions rcgErding the issuanoe of said odeosim.
C. The Boad of County Comnrissionerc actod on the basis of substantial
competent widence produced at the aforcrnentioned meeting.
D. The Preliminary Plan for rhe "honbridge, Phase III" suHivision unrs approved
by the Boad on the day of March 10, 2008 nnder Re.solution No. 2fi)8.t2 fc real
property currently omod by LB Rose Ranch LLC, as Debtor ad [lshor in Possossim in
f)nn Defnrrl
Ipon Alhednn
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ic Chapter I I Case in the Unitd States Santcruptcy Court of the Soubern DisEict of
New Yorl Case No. 08-13555, Garlield County, Colora&.
E. In rccordance with the Garfiold Comty l+nd Usc Resolution of 2(X)t, as
am€nded' and the keliminay Plan approval for "honbridge Phase IIf'suMivision, the
Applicant is required to file a Tochnically Complete Final Pld applietion prior to March
10,2009.
F. The Board of County Commissioners considered a o(E-year extemior of the
Preliminary Plan at a Public Meeting hld on lvlarch 2,2009 ard approved a one year
extension to file a Technically C-omplete Final Platto March 10, 2010.
G. ln accordance with proposed adments to thc Crarfield Cormty land Use
Resolution of 200t, as amended, atrd the Pr,eliminary Plan approval for the *Inrnbridge,
Phssc III" subdivision and subso$Ent omyear extemsion, the Applicaut filed a reqrrcst to
exterd thc dcadliue for zubmithl of a Technically Corplete Final Plat application to
lvlarch 10, 201l.
Rasolutioq
NOW, THEREFORE, BB IT RESOLVED by the BoEd of Cormty
Cornmissioners of Garfield County, Colorado, that:
A. The forgoiry Recitals are ircorporafed by this reference as put ofthis Rcsolution-
B. The request for an exteDsion to file a Final Pld will be consiste,ut with thc
requirements of the Garfield County Unificd I-ad Urc Resolution of 200t, as
arcnded rpon Bod adopion of a proposed amendment to pemit srch
extensions.
C. ThG public mceting before th Board of C,ounty Commissioners ryas exteruive
and complc{c; all pertinent facts, mafiers and issues ruere suhifled; and all
interested parties were heard at that haring.
D. The requested extension is in the best interest of the healtb safety and welfrre of
thc citizcu of Gasficld County.
E. A motion was made to ap;xove the extmion to file a Technically C-omplete Fiml
Plat application fc "honbridge, Plrase III" rrrtil lt/tarch 10, 2011 and approved by
a vde of 3-0.
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Dated this fl /'r day ot *nqt7Al. 2010.
ATTEST: GARFIELD COIJNTY BOARD OF GARFIELD
COUNTY, COLORADO
.o//'lb
Clerh of the Board
Upon mtion duly
following vote:
the foregoing by the
John Mertin
Tr€si ldoutr
Mike Samson
STATE OF COLORADO
Countyof Garfield
I, .-., , Coun8 Cleft ad ex-officio Clerk of the Board of
Cormty Commissioners in and for the Comty ad State afor€said do hercby ccrtiry thd
the anrexed and foregoing Resohilion is tnrly oopied from tbe Records of the Pr,oceding
of the Board of County Commissioncrs for said Gufield County, now in my office.
IN WTINESS WHEREOF, I have hcrcunto set my hand md atrxed the seal of said
Couuty, at Glenwood Springs, this _ day of 4.D.2010
County Clerk and ex-officio Clerk of the Board of County Commissionem
Aye
Aye
Aye
)
)ss
)
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STATE OF COLORADO
County of Garfield
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At a regular mccting of tho Bord of County Commissioners for Garfield County,
Colorado, hcld inthe Commissioners'Meeting Room, Garfielil County p1r2s Building, in
Glenwood Sptiugs on Monday, the 76 day of Febnrary, 2011, there were prcsent:
JobnMprtin . . CornmissionerChairman
Commissiouer
Cbmmissioner
Assistant County Attorney
JemAlHco ,,. .ClerkoftheBoard
Ii.d C'mc.n (nhsenf\CountyManage
whan the following proceedings, qmong othcrs wer,ehad and done, to-wit:
RESOLUTIONNO. 2011-0e
A RESOLUTION CONCERNED WITH THE APPROVAT OF A}.I EXTENSION FOR
IRONBRIDGB PHASE M PRELIMINARY PLAN LOCATED WITHIN TTIE
IRONBRIDGE PIrD ON A PARCEL OWNED BY LB ROSE RAI.ICH LLC, AS
DEBTOR A}.ID DEBTOR IN POSSESSION IN ITS CHAPTER 11 CASE IN TTIE
TJNITED STATES BAI{KRIJPTCY COI'RT OF TI{E SOUTIIERN DISTRICT OF
NEW YORK CASE NO. O8-I3555, GARFIELD COI.'NTY
PARCEL NO. 2395-012-2G001
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of Counf Commissioners (Bo'ard) is authorizod to rct.
B. On /I{ day of Febnrary, 2011, the Board of County Commissioners opened a
public meeting upon the question of uihether the extension to file a Final Plat should be
Sante{ branted with conditions, or denied at vihioh mceting &e public and intq,ested
persom were given the oppotmity to o4prcss ttreir opinions regarding the issuance of said
e:ktension
C. The Bomd of County Commissioners aoted on the basis of zubstautial
competeirt cvidencc produced at the aforcmeirtioned meeting.
?
. D. The Prrsliminary Plan for the "honbridge, Phase IIf' suMivision was approved
by the Board .on the day of March 10, ?008 under Resolution No. 2008-42 for real
llll firr llhhlT,lllltllt lr'ilI tlFiH{rlfi':tr+'iHflll't I ll I
ReceotionE: 79E879
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proptrty currelrtly owned by l,B Rose Ranch LLC, as Dehor and Htor in Possession in
its Chapto 11 Case in &e Unitcd Statos nanmptcy Court of the Soulhern Disrict of
New Yotlg Case No. 0&13555, Garfield &*ty, Colorqdo;
E. In accordance with the Cmrfield County Lmd Use Resolution of 2008, as
ammded, and the ppliminary Ptan approval for "honbridge, Phase IIP'subdivision, the
Appticantis required to file a Technicalty Complete Final Plat applioation pror tb lvfarch
t0,2009.
F..The Boad of County Commissimers considaed a oneyear extension of the
Prelimintry Plan at a Publio Meetins held on March 2,2009 and apprroved a otre year
extension to file a Technically Complete Final Platto March 10,2010.
G. Ihe Board of County Commissioners considered a one-y@r ortension of the
Prslininry Plan st a Public Meeting held on June 7, 2010 and approvod a one year
extension 0o file aTehnically Complete Final Plat to Matoh 10, 2011.
H. I:n accordance with the Garficld Cormty Iand Use Resolutiqn of 2008, as
amemde{ and the heliminary Plan appnoval for the "Irronbridge, Phase IIf'zubdivisioo
and zubsequent on+yBsl extensions, the Applicant filed a request to extend tbe deadline
for submittal of aTechnically Complete Final Plat appliOation.
R,esolution
.NOW, nmnffOnf, BE IT RESOLVED by the Board of County
Commissioners of Gafield Cormty, Colorado, that:
A The forgoing Recitals are incorporaed by this reference as patt ofthis Resolution.
B. The request for an extiensioa to fiIe a Final Plat is consistent urith the rcquirerrents
of the Garfield County Unified Land Use Remlution of 2fi)8, as amended
C. The prrblic meeting before ttre Board of County Commissioners was extensive
and complcrc; all pertinent facts, rnatters and issues vrrcre submitteq aod all
interestedparties were hemd at that hearing.
D. The requested extensioo is in the best interest of the health, safety and welfae of
the citizeas of Grfield County.
E. A motion was made to approve a two-year extension to file a Technically
Complete Final Plat application for "honbridge, Phase ltr" undl March 10, 2013
and approved by avote of3-0,
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ReceptlonS: 79E879
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Datedthis JY- dal of f*r",a"I"A-D.2011.
ATTEST: GARFIELD
COUNTY, COLORADO
COI.JNTY BOARD OF COMMISSIONERS, GARFIELD
4*tv rA
ofthe Boad
Upon motion duly made and
followingvote:
by the
-Inhn Merfin Aye
Aye
Aye
was
a
o sE/tt
the
STATEOFCOLORADO )
County of Garfield
)ss
)
I, County Clerk and ex-officio Clert of the Board of
Counfy Commissione,rs in ad for the County and State aforesaid do hereby certi$ that
the anrexed and foregoing Resolution is mrly copied fr,om the Rscor<ls of the Prcceeding
of the Board of County Commissioners for said Gufield County, now in my office.
IN WITNESS WHERBOR I have hereunto set my hand and affixed the scal of said
Corrrty, at Gleirwood Springs, this
-
day of A.D.2011
County Clerk and ex-officio Clerk ofttre Board of County Corrmissioners
REQUEST
APPLICANT
'
OWNER
REPRESENTIATIVE
LOCATION
SITE DATA
EXISTING ZONING
BOCC May 6, 2013
KE
MEMORANDUM
Preliminary Plan Extension to March 10,2015
LB Rose Ranch LLC, as Debtor and Debtor in
Possession in its Chapter 11 Case in the United
States Bankruptcy Court of the Southern District
of New York, Case No. 08-13555
Karl Hanlon, Karp Neu Hanlon P.C
3.5 miles south of Glenwood Springs, Co,
cR 109
45.29 acres/ 61 Lots
PUD
I. REOUEST & BACKGROUND
LB Rose Ranch, LLC requests the Board of County Commissioners, the "Board", grant a
2-year extension to file a technically complete Final Plat for Phase lll of the lronbridge
Planned Unit Development (PUD).
-1-
BOCC May 6,2013
KE
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
complete final plat must be submitted to the County. The owner has since requested
extensions of the Preliminary Plan which the Board granted and which has expired as of
March 10,2013 (Exhibits D and E).
A written request was received for an additional extension of the Preliminary Ptan in a
letter dated Apri! 19,2013 from Karp Neu Hanlon, PC (Exhibit B), However, the tetter of
request was submitted after the Preliminary Plan expired on March 10,2013 rendering
the Preliminary Plan approvalvoid.
II. AUTHORITY
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. Extenslon 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 shall 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 g0-day
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. !f an Applicant fails to request an extension prior to expiration of the
approval, the approval will be void and the Applicant must submit a new
application forthe Land Use Change Permit or Division of Land appoval.
The Applicant seeks an exemption from the above referenced code section so that the
extension could be approved, and submits what they consider to be exigent
circumstances to support this request.
!I!. STAFFRECOMMENDATION
The ULUR does not appear to offer an 'exemption'from the expiration date regardless of
the circumstances, therefore the expiration of the Preliminary Plan for lronbridge, Phaselll requires that the Applicant submit a new application pursuant to the ULUR
requirements.
-2-
Frum:
Tol
Cc:
Subject!
Date3
Attachm€nt3:
Karl L Hanlon
Kathv A. Eastlev
leffrev I. Conklln
RE: Ironbrldge
Thursday, May 30, 2Ol3 12:56:53 pM
lmaoe002.ono
Kathy: '
Based on the anticipated adoption schedule lronbridge would like to continue the this matter to the July g,
2013 BOCC meetinB.
Thanks.
KarpNeu-Hanlgm
Korl J. Honlon
201 l4th Streel, Suite 200, P.O. Drower 2030, Glenrvood Springs, CO gl602
T1970.945.2261/ft970.945,7336 www.mountainlawfirm.com
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