Loading...
HomeMy WebLinkAbout1.0 ApplicationLeavenworth Consulting LLC lel@lellaw.net 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Molly Orkild-Larson Garfield County Connnunity Development Department 108 8tl 1 Street, Suite 401 Glenwood Springs, CO 81601 July 14, 2013 Also Sent Via Email to morkild-larson@garfield-county.com RE: Homesteads on Miller Lane Preliminary Plan Telephone (970) 963-6200 Facsimile (970) 963-6201 Cell (970) 948-2261 VIA HAND DELIVERY Request for Extension of Time in which to file a Final Plat Dear Molly: I am writing as a consultant to, and on behalf of, JimBob Ventures II LLC, the owner of the Homesteads on Miller Lane Subdivision. As you know, the Preliminary Plan for this subdivision was approved on July 16 as later confirmed by Resolution 2012-72, which was signed on August 13, 2012. I am writing to request an extension of time of one year (or more if possible, up to two years) in which to file the Final Plat Application. This extension is requested pursuant to the provisions of Section 4-101(1) of the Garfield County Land Use Code. The reason for the request is that the real estate market in Western Garfield County has not yet recovered to a point where it is financial feasible to go forward with the capital expenditures necessary to construct the infrastmcture for this subdivision. There is currently an excess of iiwentory on the market and new product would simply not be financial or economically competitive at this time. As required by the Code, and as outlined in your email to me of June 19, I am enclosing: A. Application form (two forms, one entitled Land Use Change Permit Application form, the other entitled Division of Land Application fonn); B. A vicinity map of the project; C. Approved Preliminary Plan of the project; D. A copy of Resolution No. 2012-72; E. Letter of Authorization authorizing me to act on behalf of the Applicant; F. Payment Agreement form signed by the Applicant; and G. Statement of Authority. As requested, I am submitting three paper copies of this Application, as well as an electronic copy simultaneously with the delivery of the paper copies. Your emails sel)t me the two different application forms. I suspect only one is needed. Feel free to discard the other . . Please call me if you need any further infonnation. Let me know when the request will be heard by the Commissioners, so Jim Cagle, the sole owner of the LLC, and I can appear to present the Applicant's position. cc: JimBob Ventures II LLC Deric Walter Very Truly Yours, Leavenworth Consnlting LLC 1---'1. 1&1 E. Le ve1 orth lee Leavenworth From: Sent: To: Lee Leavenworth [lel@lellaw.net] Wednesday, July 24, 2013 9:29 AM 'Molly Orkild-Larson' Cc: Subject: 'Jim Cagle'; 'Deric Walter' RE: Letter I am writing on behalf of Jim Bob Ventures II, LLC. A recently enacted ,revision to the LUC requires that we indicate a time frame to go forward. We expect, and hope, the real estate market will pick up by next summer. We expect to file a final plat application in June or early July and proceed with the public improvements once the plat is approved. We will also sign and secure a subdivision improvements agreement. I will include several extra hard copies of this email when I drop off the 7 additional copies of the entire submittal you requested. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326Hwy133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error and are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents TAX ADVICE DISCLOSURE: Any U.S. Federal tax advice contained in this communication (including any attachments] is not intended or written to be used, and cannot be used or relied upon, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending any entity, investment plan or other transaction. From: Molly Orkild-Larson [mailto:morkild-larson@garfield-countv.com] Sent: Wednesday, July 24, 2013 9: 10 AM To: Lee Leavenworth Subject: Letter Lee: I still haven't received this additional information from you. Thanks, Molly 1 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com TYPE OF APPLICATION ,_D Administrative Review D Limited Impact Review D Major Impact Review D Amendments to an Approved LUCP OUR 0Mm OsuP D Minor Temporary Housing Facility D Vacation of a County Road/Public ROW D Pipeline Development D Comprehensive Plan Amendment 0 Major 0Minor I I I I i I I I I I LAND USE CHANGE PERMIT APPLICATION FORM D Location and Extent Review D Development in 100-Year Floodplain D Designation of Flood Fringe/Floodway D Rezoning 0 Zone DistrictO PUD 0 PUD Amendment D ULUR Text Amendment D Appeal of Administrative Interpretation D 1041 Regulations D Variance / DY Time extension --~--l INVOLVED PARTIES -_, Owner/Applicant Name: J1;111 l?d? V ;;/ N1fo_ f2:t;;; I[ 1 /,.-/_-C a 2-I Phone: ( z /o ) q lf-f' 2 · 6 Mailing Address: />6 !J>o,K Z-=500 City: (}f.__.//N J> :J111J ft:::[i/13/ State: w Zip Code: 8[S/J -Y-- E-mail: ,7;fv, c_ rP .:ft. w i/n;uj . a ctt" Representative (Authorization Required) Name: L-!J,z,4t_ !? I L£ ttvE f\I ti/) ,,2,1IJ--Phone: (Cf :ft; ) qtpg -~_,2-tJtJ { /! rJ !!>:.'> y !53tJ Mailing Address: ' City: r!tJ&, ~{) /\}'/) AUii'? Co State: co Zip Code: ,!iliz Z ~3 E-mail: /,-1£ L-@]__ f.,,Ja. t-/biJ. J 1 /tIE [' PROJECT NAME AND LOCATION -- Project Name: 1-/PJUtFo/1 [!:~)j .2 t>;tl ll1. I U--U: /l iftdV'~ --Assessor's Parcel Number: 2-. __j_ ·;--. _i_ -0 b 4--() Q_ -_!l_ 2 5 Physical/Street Address: ;_LI/ A-tl1i-c--1+-/V"f fAVi/ • legal Description: 5!2E t;;?eD !2-RtJUk"iJ ;ts l?/?C,t;::fJT7/JN NO 7-/ ?/IC/? Zone District: 12 u /!_ A-t/ Property Size (acres): .3? • t./.(,, S d., • J REQUEST FOR WAIVERS ,-----~··----·-----------·----·---·-------- Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: -------------Section: ____________ Section:------------- Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: -------------Section: ____________ Section: ____________ _ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (,,-28-1.3 Date . D Garfield County Community Development Department 108 81 " Street, Suite 401 Glenwood Springs, CO 81601 {970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISIONS Sketch Plan u:i--Preliminary Plan D Preliminary Plan Amendment D Final Plan/Final Plat D Final Plat Amendment D Conservation Subdivision Yield Plan D Common Interest Ownership Community INVOLVED PARTIES Owner/Applicant D D D D D DIVISIONS OF LAND APPLICATION FORM TYPE OF EXEMPTIONS Minor Exemption Major Exemption County Road/Public ROW Exemption Rural Land Development Exemption Final Plat Amendment ITV Time Extension Name: JJ/Vl l3oi3 Vt:< A)fM/lE:J ff, -f £.--JC', Phone: ( 11-tJ) q if' J? ·· 2-J.-6 / Mailing Address: r. tl. /.!;;{))( 2-?JDO 612.IMlV .,,,Ttw c11oN State: LO / City: Zip Code: 'J 15 ty E-mail: Jim c ti)_ :FL hrr6f't>µ_p .µ;ri ' Representative (Authorization Required) Name: )-,(} •tlh-e. ;,.~ !tV~IVwZ>,e r!I Phone: ( tJ fV) ?/6 7 6 2tJtl Mailing Address: fJl) /:3cx /.tJJt> City: f!. l~IZ (!:;{) N lJA-t.~ State: u> Zip Code: Jf/t{, 2? E-mail: LGt-@ lEL l-A-W , ;JtET PROJECT NAME AND LOCATION Project Name: ;+ tf1tt£97~1l-D5 J;J //.11 l-/_,E: f(_ L/+tvE Assessor's Parcel Number: ')_ __!_ + C/ -CJ ..f_'i_-0 0 -l l tJ ,__, Physical/Street Address: N/;i tffl-('.fbv7 .L/4}.f'f} r),U !111 uE£ Lflnlr I Legal Description: f;E?e [)_£:,8/) /Ufc.,'0/2.iJE 0 45 f2E?t:?flf/p/J' Ah ::ff1'l1'? /(&tfV/-'l. . . ,_,.. Zone District: Property Size (acres): 30, Lf&'5 a. Project Description . Existing Use: 11' / /' ,, /1 .r .11 A I'' d",, 1rtv1,.,.1 la..uf I Proposed Use (From Use Table 3-503): 12.?J 1/t.£1-<-h t:rl Description of Project: /11.t lit&:lltd 'Af ;11 /?!7rt_p_( /J1?//rh!)11Uti ~/;:t.;z.. ti? ftM;?'/klf~M !/J~ · 2of2 --:/2-~d Proposed Development Area Land Use Type #of Lots #of Units Acreage Parking Single Family .5( Duplex Multi-Family . A -. A • , Commercial -'-€!~ , ·~ 1,;l<O /--, v r -1 Pv/) /.1,{JJ..-Lf. 'JI !/i./ '7:' '-Y Industrial A• .A A ,,,,....._.,,,. _ { ... , -. I . ~ ~ Open Space I -· ., ...... ,., 'j/ f{,•C.Jv•"VL I V/V Other A fi, ~ ...-/ ,., Total f v I/' µ_ )f ,?--r r REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Date I I File Number: ____ ·----Fee Paid:$ ___________ _ 92S Cooper Avenue Suite 201 Glenwood Springs, CO 8160 I tele: 970.945.5252 fax: 970.S8-4.28SS Scale: 1"=2000' Date: 7/11/11 Proj #: 10003 File: 10003V_PPLAT Jimbob Ventures II, LLC Garfield County, Colorado The Homesteads on Miller Lane Vicinity Map Q) c:: cu -.J I... Q) :::::: ·- ~ ~ $2 c:: "' c: 0 ~ ~ ['.> "' .s cu ~ ~ ,t Cl) Q) E 0 :r: Q) i5: 15, ~ ():' ,i::' 'S ~ (Q .Q_ ii ~ 12 .g ~ <o~ .Q -~:;{Cl 13~' QJ C) Crj :S ~ ~..,(,Q $! ~ Q.) Ctj w:f::::t:l ... "i" ~ ~ C)~ ~ 1il lJ.J QJ& <:SE" QJ"" C) ""a; ?-, ~ ~ ·S § a Cl .@ ~ ~ a ~ .... 'Ci " l:' 8'. " 1eaqs em1 eue7 Je!ffW uo spee1seWoH SI.fl ! 111!ll1111 ! /!!lllli!!r,., _ I ·11111 11\ 0 i lillllliH ' -! h~OJ{~~. I, " / ~ --- ' ' LJrJ/d 101iuoo uo1so13 '8 af5eu1e1a 'f5u1pe19 'Nlmn 'Bl!S aue7 JB!f!W uo spee1seWOH e41 "---------=---' , , , , , "' 0 \ uo/so13 'li' ens s11e1eo1011uoo e41 ! .'!! I rn • ~· ~ lt c ' ,, ~ ! ~ d~ • ,, I ~ ' II ! {; ' !. ".;i,, .. i!!~ ''h,, " li~l l:: ~ ~ U) • eue7 JBlf!W uo spee1sewOH Bl.fl oi>•X>t<>o 'Atmioo Pl•!JmD .. ;,J. Ii ' ' ' ' ' ', , , ', ,' , , , UFJ/d ede:.Jspue7 eue7 J<Jf/!W uo spea;sawoH a41 . ~ dew ie1d NeUJWJ/eJd ~ :::::,: eue7 JBJl!IN uo spee1sawoH e41 ; jl, ~ ~ '"' !! ~" ! ~g~~~· J ' i~ !S~ ~~~r~ I' ,, ; ! si' ~i al:<b I I!~ ill ''''! ! :ni h,;B~ ! ~i~L a~a~~i •-iii !!!~~~.:"; ' ' ~! ~~ ~~,~!;-~ ' ' liilj ~~ ii~~ I g~ J ~i!i:~r.1 ; !, ~~~~~ ::o;n~ j ;: 1 ~~ .. ~~ ; ;~~:§~ i~:r I ii§~~ ! " "!" ! f''' ' !! ~i! ~!!~ ' "1::91! ~ ' ~~~ {1 I r", i ·-<;J:~~ !;: ! ~g b 1 ll'~! ' ~!!~~~~ ~ ' ~ .. ~ g~::b1~ :: ' hJ I, I i~~~~ I ~~ ~e ~~ ~ ~ § ~i l~i~U~ j !! ' J~ ~~ !1 ~ ii <ll J~~g!!~ ~ S:o ~ ' g ill '' I 1'' i:~ 1J• i I ,, ! ·l~' !• ll;•! ;!·1•!1 !" !! <li~o 1 I !! ij 1d:I ,, ' ! !i•h " l r .. r· .. ~b ,, 1~2~11 ~~!~~~~. ~~ '• ~1'.;lf ~ ~ \\l~~ I ,, ~~ hii!~ :111111! •• " "I •' l~~il. i ·~ ' i • :1, ' ' ' j1L r ~ "! i ' i ~ . !! It: r·i! ~~ g ~ ~ " I n ' " ~~ai~ ~! g ''I • s~i . ' . ' , .. ' "~ ·~ ii! lli ~~~ ~ l'I·-~~~ ill!! ••• !• I!~~ ~ ! ~~~i~ ~"to ' i I etre7 JB/J/IN uo spee~sewoH e41 ap,,,O/O:J '.{)Un0,'.1 Pl•_IJ1•9 ., !n· 11 1: 1i 1,, ! ~~!!~5i~~!~is ~1 ! 11°P!·•l1!! B B B '!a ~~ :1·1 I JI § I ~p I 'I I I .. I ,I .1,I I 11 I -' i~ .. _, I I I I I I I I ! !•1 I h~a~ I ~~~1€~ 1111M\l'"'~i~.~·11.~1111Fll lfthll& ~\UW !~!tt-11 ~·~ 11111 Rsceptiofitt: 822759 00/14/2012 02:35:62 PM Jean Alberico 1 of 10 Rec Fee:$0.00 Do~ Fea:0.00 GARFIELD COUNTY 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 16th ofJuly A.D. 2012, there were present: "'Jo=hn~M=artin=·~---~a=b=se=n=t _________ ,, Commissioner Chairman =MTh=e~S=am=s=o=n ______________ ,, Commissioner =T=om~J=an=k=o~v=sky"-'--------------'' Commissioner· ""C""are""'-y_,,Ga,,...gn..,o .. n.__--'-------------'' Acting County Attorney ,,_,Je"'an.,.._Al .. b.,,e""ri"'c"-o _____________ __, Clerk of the Board An"""d,,,~,,,ew,,__,Go"""rg""ey"". '--------~------~' County Manager when the follow:Ui.g proceedings, among others were bad and done, to-wit: RESOLUTION NO. ~O/J. -'1.f1 A RESOLUTION OF APPROVAL FOR A PRELIMINARY PLAN FOR HOMESTEADS ON MILLER LANE, ON A 36.465 ACRE PROPERTY OWNED BY JIMBOB VENTURES II, LLC LOCATED IN SECTION6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2179-064-00-725 Recitals A. The Board of County Commissioners of Garfl.eld County, Colorado, (Board) received a request for a Preliminary Plan as further described in Exhibit A, SITE PLAN. B. The Homesteads on Miller Lane is located within a 36.465 acre parcel of land owned by JimBob Ventures II, LLC. The ownership of this property is described in a Special Warranty Deed found at Reception Number 719193 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in Rural zone · district, approximately 1.6 miles west of the Town of Silt. D. The Planning Commission opened a public hearing on the 25th day of April, 2012 for consideration of whether the proposed Preliminary Plan should be approved, approved with conditions, or denied, during which hearing the public and interested penmns were given the opportunity to express their opinions regarding the request. 1 \0 E. The Planning Commission closed the ·public hearing on the 25th day of April, 2012 to make a final decision. The Planning Commission voted to recommend the Board of County Commissioners approve with conditions the Preliminary Plan. F. The Board of County Commissioners opened a public hearing on the 16th day of July, 2012. for consideration of whether the proposed Preliminary Plan should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 16th day of July, 2012 to make a final decision. I. The Board of County Commissioners on the basis of substantial competent evidence produced at. the aforementioned hearing, has made the following determinations of fact: · 1. That proper . public notice was provided as required for the hearing before the Planning Commission and Board of County Commissioners. 2. The hearing before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. · 3. The Preliminary Plan is in general confonnance with the Garfield County Comprehensive Plan 2030. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of2008, as amended. 5. The proposed use is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. J. The Board of County Commissioners voted to approve the Preliminary Plan with conditions. Commissioner Martin was absent for the hearing and the vote. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Ga:rfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 "· 1111'1\l".i.~1~.V'.ll,~~Ml.~llll~~rt'll'.l"rfC~.~"i11 llJ ReeeptionH: 82.2759 08/1412012 02:35:82 PM Jean Alberico 3 of 10 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO B. The Preliminary Plan for Homesteads on Miller Lane is hereby approved subject to compliance with the following conditions: l. That all representations made by the Applicant in the application, and at the public hearing before shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Fees 2. The Applicant shall include 50% of the road impact fee With the Final Plat. The remaining 50% shall be collected at the time of issuance of a building permit. 3. The Applicant shall pay a Cash-In-Lieu Payment for schools as calculated in Section 405 (D)(3) of the ULUR with the Final Plat. Permits 4. Prior to the approval of the Final Plat, the Applicant shall obtain a National Pollutant Discharge Elimim1tion System Pemtlt and air pollution permit from the Colorado Department of Public Health and Environment. These permits shall be submitted to the Garfield County Planning Department for review as part of the Final Plat application submittal Plat Notes S. The following plat notes shall be placed on the Fin81 Plat: a. Control of noxious weeds is the responsibility of the property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. b. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et. seq. Landowners, . residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, liaise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and · in a non-negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil am~mdments; herbicides, and pesticides, any one or more of which may naturally occur as a part .of a legal and non-negligent agricultural operations. 3 ,/ c. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining propeftY. Residents and landow.iiers are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. d. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. e. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the propeftY boundaries. f. Uranium is present in the ground water. All residential dwellings within the subdivision shall, at a minimum, have an ''under the sink" type reverse osmosis (RO) unit in each kitchen. g. All single fumily homes within the subdivision shall incorporate the provisions of Appendix F Radon Control Methods found in the 2009 International Residential Code for new construction. h. The mineral rights associated with this property have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural· resource extraction on the property by the mineral estate owner(s) or lessee(s). i. Any benn!dam constructed for the detention pond shall be located at least 25 feet from the toe of the northern bank of the Lower Cactus Valley Ditch. j. At the time of building pennit, a flow meter with above ground readout capacity shall be installed for each water well. k. To insure the preservation of open space ~ 1he Homesteads at Miller Lane Subdivision, no structures shall allowed to be constructed outside of the 4 11111 Mll•P11,~~ll,~'lfl lll ,lfil-ll& r¥~N«ifi'l:f#I ~-& 11111 Reeeptiontt; 822759 IZIS/14/2012 02:35:62 PM Jean Alberico 5 cf 10 .Reo t:-"ee:$0,00 Doo Faa:0.00 GARFIELD COUNTY co designated building envelope for each lot shown on the Final Plat aod as restricted in the Declarations of Covenaots, Conditions and Restrictions for the Subdivision . . However, a lot owner may construct a water well, driveway, underground utilities, perimeter fencing, aod an Individual Sewage Disposal System outside the building envelope. This plat note shall not be changed without the express written consent of the Board of County Commissioners of Garfield County in a public meeting .. Water 6. The Final Plat submittal shall contain all well permits aod demonstrate that all wells have been drilled aod tested for quality and quantity. 7. All residential dwellings within the subdivision shall, at a minimum; have an "under the sink" type reverse osmosis (RO) unit in each kitchen, which requirement shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal. 8. At the time of building pennit, a flow meter with above ground readout capacity shall be installed for each water well. This requirement shall be added to the Declaration · of Covenaots, Conditions and Restrictions as part of the Final Plat submittal. 9. The Final Plat submittal shall contain proof that the Applicant has transferred water rights to the Homeowners Association to meet the representation of legal water supply except Silt project water will be conveyed appurtenaot to 'each lot. Individual Septic Disposal System CTSDS) 10. The ISDS Design and Performance Standards prepared by Boundaries Unlimited Inc. dated February 28, 2011 shall be incorporated into the Declaration of Covenaots, Conditions and Restrictions as part of the Final Plat submittal. Building Construction 11. All single family homes within the subdivision shall incorporate the provisions of Appendix F Radon Control Methods found in the 2009 International Residential Code for new construction, which requirement shall be incorporated into the Declaration of Covenaots, Conditions and Restrictions as part of the Final Plat submittal. Revegetation 12. Revegetation security in the amount of $16,250 (.5 acres x $+,500) shall be paid prior to the approval of the Final Plat. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards 5 . " ·1111 wr".i.~:1.M".11,~'!Allli!HM.lmll~M~LR!i'I m·~ 11111 ReceP.tion~: 82275S 08/14/2~12 02:35;52 PM Joan Alberico 6 of 10 Rso Fea:$0,00 Oco Fee:0.00 GARFIELD COUNTY CO section in the Garfield County Weed Management Plan. The Reclamation .Standards at the date ofpennit issuance are cited in Sections 4.06, 4.07, 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). Weed Management 13. Weed Management is not addressed in the Declaration of Covenants, Conditions and Restrictions. At Final Plat, the Applicant shall add narrative to the following sections: a. Section 9.09 -Maintenance of Drainage Facilities -Add language that addresses the management of noxious weeds along the ditches. b. Section 10.07 -Lots to Be Maintained -Change the sentence in the sixth line from "free from the accumulation of trash, debris, or excessive weeds" to "excessive or County Listed noxious weeds." Wildlife 14. Mitigation measures specified in the Wildlife & Ecological Assessment of Residential Development for County Subdivision -The Homestead on Miller Lane report prepared by Colorado Wildlife Science, LLC (dated June 30, 2010) shall be incorporated into the subdivision's Declaration of Covenants, Conditions and Restrictions submitted with the Final Plat except that wildlife compliant fencing shall be allowed. Utilities 15. Prior to the approval of the Final Plat, the Applicant shall provide Garfield County staff "Will Serve" letters from the applicable electric, natural gas, and telephone companies. Fire Protection 16. All · homes within the subdivision shall install code compliant fire sprinkler systems and a water tank (minimum of2,500 gallons) to accomniodate domestic use and sprinklers. 17. The driveway on Lot 8 shall be designed to accommodate fire and emergency vehicles. Preliminazy Plan Maps . 18. Prior to the approval of the Final Plat, the Applicant shall make the following revisions to Sheets V2 and C2. 6 I ... Make the following revisions to Sheet V2: a. Title this sheet as shown on Sheet Vl (top center) but the first line shall read "Preliminary Plan" instead of"Preliminary Plat Map"; b. Add legal description; c. Add Land Use Summary chart as shown on Sheet Vl; d. Identify areas oflandscaping and delineation of the type and extent of vegetative cover on the site; e. Identify the zone district on the site; f. Label existing land uses and zoning on adjacent parcels; g. Show a 70 foot wide ditch easement (35 feet from both sides of the ditch centerline) for the Lower Cacti.is Valley Ditch. Also, adjust the berm for the detention pond so that it's at least 25 feet or more from the toe of the northern bank of the ditch; and b. If the BOCC proposes to alter Lots 2 and 3 as specified by the Planning Director at the Planning Commission hearing on April 25, 2012 (attached as Exhibit A), the Applicant shall remove the building envelopes on Lots 2 and 3 and modify the building envelope on Lot 8, if necessary, to meet the 50% open space requirement. The north lots lines of Lots 2 and 3 shall also be adjusted to increase the open space acreage on Lot 8 while maintaining a minimum two acre lot size on Lots 2 and 3. Make the following revisions to Sheet C2: a. Show a 70 foot wide ditch easement (35 feet from both sides of the ditch centerline) for the Lower Cactus Valley Ditch. Also, adjust the berm for the detention pond so that it's at least 25 feet or more from the toe of the northern bank of the ditch. Declaration of Covenants. Constraints and Restrictions/Bylaws/Subdivision Improvements Agreement 19. The Applicant shall work wifu the Garfield County Attorney's Office to finalize the Declamtion of Covenants, Constraints and Restrictions, Bylaws, and Subdivision Improvements Agreement prior to Final Plat approval. 20. The Applicant shall install a crown at the entrance/exit to the Homestead Drive to create a downward sloping grade at the mouth of the road which shall result in a down casting of vehicle headlights leaving the subdivision. The Applicant shall also widen the right turn lane of Homestead Drive to ensure vehicles exiting the subdivision will turn 7 .I .. earlier and further to the right in order to avoid vehicle headlights from shining into the residence located at 382 County Road 227. The Applicant shall also provide a cash contribution not to "exceed $1,500 to the residents of 382 County Road 227 that shall be applied toward the actual cost of materials and construction for an extension of the six (6) foot privacy fence on that property. 21. The Applicant shall modify the Declaration of Covenants, Constraints and Restrictions to include narrative stating: a. Owners of Lots 1-7 shall maintain the native grass up to the edge of Homestead Road; b. Owners of Lots 1-7 shall maintain without obstruction the drainage ditch along Homestead Drive that crosses their lot; and, · c. Owners of Lots 1-7 shall install a driveway culvert to maintain positive drainage of the roadside ditch along Homestead Drive, if necessary. I ~'ti-n . 'I-. ~ Dated this ____ day of -~cu~· ="i~<0"kL~~----~· A.D. 20~/ __ ATTEST: BOARD OF GARFIBLD ·--, Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: =CO=MM~~IS=S=IO=NE~R~C=H=A=IR~J~O=HN~F~·=MA~R=T=IN~~~~~~~~· Abstains due to absence on hearing date. ,,,C=O=:MMI,....=SS,,,I=O~NE,,,R=MIKE==SAM~,,.S=ON~----------'' Aye ~CO"':MMI~""'S,_,,.S~IO=N=E""R~T,__,,O=M~J=AN~K~O~V~S~KY~---------' Aye 8 Ill/ i!l"J.,i,1r11.~211 ll'i'CIR. l!V.IW.I!.'!£ !WWI ,m•lk Ill Ill Reception#: 622769 06/14/2012 02:35:52 PM Jean A1berioc 9 of 10 Rsc F$G:$0.00 Doc Fee;0.00 GARFI~LO COUNTY CO STAIB OF COLORADO . ) )ss County of Garlield ) 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 CoW1ty Commissioners for said Garfield CoW1ty, now in my office. . lN WITNESS WHEREOF, I have hereW1to 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 ofColinty Commissioners 9 ,., :)·. '•,. l. -- 1111ft\\".i.llMlM1K'll!Mltll'Nrir.lt1ll:Wl~!lli,ffl 1 ~11111 Reception#: 822759 09/14/2012 lll2:35:62 Pn Jean AlberJ.oo 10 or 10 Reo Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO Building Envelope- Lot8 Exhibit A Building Envelope, Min. 2 ),1 > Lot2-No ~ \ Building ··I' ···1, J Envelope, Min. · L -;:-. 2 acres in size .,, I/ 10 Jim Bob Ventures II, LLC 7/12/2013 . To Whom it may concern, I am the sole owner and manager of Jim Bob Ventures II, LLC. I hereby authorize Loyal ( Lee) Leavenworth, our land use consultant, to act on my behalf to process an extension request with Garfield County of the Preliminary Plan approved by Resolution No. 2012-72. Jim Cagle, Jr. Sole owner and manager Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") .:fffl.1 16"~ I t,;:"fV1Ul..J;s zr1 Ltt! ______________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ m'ffll Jtf/'lt/ u:: Ptlet.. t 1"1/AJP<d.q ft.,lfft} FIR. !kflU'SrgA--OJ UV • frlt u.l?lt. 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person : __ "I,.,__,_; vv..."-"-__,C.,_._,0"''3rl~e,,__,J"'--'-1•_,, ____ Phone: ( 't 7 o ) Z G, I • D J '+ 3 Billing Contact Address: ~~-·~O~. ~\S~o~)l,~-~=S~o_o _________________ _ City: G /'A.vll J e-1. State: Co, Zip Code: __,8LL>JS',__,o'-"'J.,__ __ Billing Contact Email: --~T~l_l'V\_c._9~~:T~L~A~e~s~-~'-G'~~~"'~"-+!1~. ~C~o~M.~·~---------,- Printed Name of Person Authorized to Sign: ___ :r'_,,_~i~M __ ,..(_,fl .... 3'!-"le:"-T, _,_;-rJ....O("_,_, --------- (Sig~ture) II (Date) Garfield County STATEMENT OF AUTHORITY I The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is 17111 CA<}t.E, ':J" ,12. 1 ~1-t. ff-wt/..t:.A" r hM,g,tltf '2.r , The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): _ _,_/1/.-'-"-IJ-'M_<E?:: ________ _ Other matters concerning the manner in which the En ity deals with any interest in real property are (if no other matter, leave this section blank): ___ A.l+-A _______________ _ EXECUTED this 2 8 day of_~:f~v~rJ~e..~----~' 20 J 3 STATE OF ~a=Jo=,J.=· =·o __ ) COUNTY OF /ngs;CL- )SS. ) The foregoing instrument was acknowledged before me this .;LJ day of $.v\.e.-. 20 13 by ..:Jti.,mg..s f <1-q,f.e_vr ,onbehalfof ;:fimfhb fjgn/u.re..s1t,LlC..., ,a Cl- Witness my hand and official seal. My commission expires: /o-~J'-/--13 (Date) [SEAL] My Commission Expires 10114/2013 Lee Leavenworth From: Sent: To: Cc: Subject: Attachments: Molly: Lee Leavenworth [lel@/e/law.net] Sunday, July 14, 2013 3:56 PM 'Molly Orkild-Larson' 'Lee Leavenworth'; 'Jim Cagle'; 'Deric Walter' Homesteads on Miller Lane, Request for Extension of Time 20130714161214903.pdf FILE COPY Attached is the formal Request for Extension of Time. hard copies to you today. Please let me know when the Than/< you for all of your help. I will be hand delivering the three request will be on the BOCC agenda. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents -----Original Message----- From: copiertech@sopris.net [mailto:copiertech@sopris.net] On Behalf Of copier@lellaw.net Sent: Sunday, July 14, 2013 4:12 PM To: Lee Leavenworth Subject: This E-mail was sent from "RNPFD87DF" (Aficio MP C2550). Scan Date: 07.14.2013 16:12:14 (-0600) Queries to: copier@lellaw.net 1 Lee Leavenworth From: Sent: To: Subject: Attachments: Jim and Deric: Lee Leavenworth [lel@lellaw.net] Friday, June 21, 2013 11 :14 AM 'Deric Walter' FILE COPX FW: Homesteads on Miller Lane Resolution_Final_Recorded.pdf; Homestead on Miller Lane Preliminary Plan -Time xtension Attached are two emails from Molly at the Garfield County Planning Office. The first outlines the submittal requirements for the extension request. Deric, I would like to propose that you and I get together early next week (maybe Tuesday, I am wide open) and divide up the task of preparing the necessary submittal. Once we have a time for that meeting, it might make sense to get Jim Cagle on the phone as we go through the list. Note the second email corrects the earlier email regarding timing. Note that we simply have to have the request filed prior to the expiration of the one year period, not a decision out of the Commissioners. Deric, let me know when on Tuesday you would like to meet. I will come to your office. Jim, let me know when on Tuesday you would like to meet. I will come to your office. Jim, if there is a time that you would not be able to conference in, let us know. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents From: Molly Orkild-Larson [mailto:morki/d-larson@garfield-county.com] Sent: Wednesday, June 19, 2013 2:53 PM To: Lee Leavenworth Subject: RE: Homesteads on Miller Lane Lee: 1 As per Section 4-101 (1)(2), " Extensions of 1 year may be granted for all Land Use Change Permits and Division of Land approvals, except Fihal Plats, which are limited to a 90-day extension." I have attached the applicable Resolution. This Preliminary Plan received approval by the BOGG was on July 16, 2012 which is coming up very soon. Please get your submittal in asap so that I can get you before the Board before this expiration date! To put together an application for a time extension request you will need the following material: 1. A letter requesting an one year time extension and the reasons why this is necessary; 2. Vicinity map of the project; 3. Application form; 4. Statement of Authority; 5. Letter of Authorization stating you can act on behalf of the Applicant; 6. Payment Agreement Form (signed by the Applicant) -Please note that this type of application is charged on a time and material basis; and, 7. Approved Preliminary Plan of the project. Please submit three copies to the Glenwood Springs Planning office. Give me if you have any questions at 970-625-5903. Thanks, Molly From: Lee Leavenworth [mailto:lel@lellaw.net] Sent: Wednesday, June 19, 2013 11:10 AM To: Molly Orkild-Larson Cc: 'Jim Cagle' Subject: Homesteads on Miller Lane Molly: I am acting as a consultant for Jim Cagle in connection with his Preliminary Plan Approval for the Homesteads on Miller Lane property. He received a Preliminary Plan Approval last August. I am wondering if I could please get a copy of the executed Resolution as soon as possible. Because of economic conditions, we would like to ask the County to grant a one-year extension on the Preliminary Plan Approval and the time in which the owner must file a Final Plat Application. I assume as you can schedule this for a July meeting. The reason for the request is the downturn in the economy has made proceeding at this time to Final Plat economically infeasible. We are hopeful the market will turn around but would like a one-year extension to allow that to happen. Let me know if you need anything more formal than this email to proceed with the extension request. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 2 Lee Leavenworth From: Sent: To: Molly Orkild-Larson [morkild-larson@garfield-county.com] Wednesday, June 19, 2013 4:23 PM Lee Leavenworth Subject: Homestead on Miller Lane Preliminary Plan -Time Extension Lee: I was incorrect in saying that you had to be before the BOCC and receive approval for the time extension prior to the expiration date of the approval for the Preliminary Plan. Rather you need to make a request for a time extension prior to the expiration date. See below. Thanks, Molly Section 4-101 (I) 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 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 90-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. If 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 for the Land Use Change Permit or Division of Land approval. 1 Lee Leavenworth From: Sent: To: Subject: Jim: Lee Leavenworth [lel@lellaw.net] Wednesday, June 19, 201311:10AM 'Jim Cagle' RE: extension of property plat FILE COPY I have sent an email to Molly requesting the extension and copied you on it. I did want you to know however, that I am no longer practicing law and will be closing my law office. I am happy to do this work for you as a consultant (which is what I am doing now). If you prefer to have someone else do the work, let me know. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual orthe entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents From: Jim Cagle [mailto:Jim@jlrestgroup.com] Sent: Wednesday, June 19, 2013 10:02 AM To: Lee Leavenworth Cc: Jack K. Pretti; Lee Pretti; 'Deric Walter' Subject: extension of property plat Lee, I talked to Jack and he told me that you were going to take care of the plat extension for me. I am all for that, so whatever you need, please let me know. He said July is deadline, so please let's not miss this. Thanks Jim Cagle Jim Cagle, Jr. J & L Development LLC P.O. Box 2300 Grand Junction, Co. 81502 970-242-2485 Main 970-261-0343 Cell 1 Lee Leavenworth From: Sent: To: Cc: Subject: Molly: Lee Leavenworth [lel@lellaw.net] Wednesday, June 19, 2013 11:10 AM 'Molly Orkild-Larson' 'Jim Cagle' Homesteads on Miller Lane FILE COPY I am acting as a consultant for Jim Cagle in connection with his Preliminary Plan Approval for the Homesteads on Miller Lane property. He received a Preliminary Plan Approval last August. I am wondering if I could please get a copy of the executed Resolution as soon as possible. Because of economic conditions, we would like to ask the County to grant a one-year extension on the Preliminary Plan Approval and the time in which the owner must file a Final Plat Application. I assume as you can schedule this for a July meeting. The reason for the request is the downturn in the economy has made proceeding at this time to Final Plat economically infeasible. We are hopeful the market will turn around but would like a one-year extension to allow that to happen. Let me know if you need anything more formal than this email to proceed with the extension request. Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only forthe use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents 1 Lee Leavenworth From: Lee Leavenworth [lel@lellaw.net] Sent: To: Cc: Thursday, June 27, 2013 11:26 AM FILE c 'Molly Orkild-Larson' OPY 'Deric Walter'; 'Jim Cagle'; 'Jack K. Pretti' Subject: RE: Homestead on Miller Lane Preliminary Plan -Time Extension Molly: Thanks for the clarification. Can I get a copy ofthe Application form and the Payment Agreement form so I can complete those and get it signed by the owner? Also, if you have a form for the Statement of Authority or Letter of Authorization, that would be helpful. I can create those if needed so don't worry about it if you don't have a sample that was previously used that would be acceptable. Also, in reviewing the Preliminary Plan Approval Resolution you sent, I noted that the hearing occurred on July 16, but the Resolution was not signed until August 13, 2012. Wouldn't that make the deadline to apply for the extension August 13? It seems to me that until the Preliminary Plan Approval Resolution was signed on August 13, the approval was not final? Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: {970) 963-6200 Facsimile: (970) 963-6201 This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents From: Molly Orkild-Larson [mailto:morkild-larson@garfield-county.com] Sent: Wednesday, June 19, 2013 4:23 PM To: Lee Leavenworth Subject: Homestead on Miller Lane Preliminary Plan -Time Extension Lee: 1 I.was incorrect in saying that you had to be before the BOCC and receive approval for the time extension prior to the expiration date of the approval for the Preliminary Plan. Rather you need to make a request for a time extension prior to the expiration date. See below. Thanks, Molly Section 4-101 (I) 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 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 90-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. If 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 for the Land Use Change Permit or Division of Land approval. 2 Lee Leavenworth From: Sent: To: Subject: Attachments: Lee: Molly Orkild-Larson [morkild-larson@garfield-county.com] Thursday, June 27, 2013 1 :59 PM Lee Leavenworth RE: Homestead on Miller Lane Preliminary Plan -Time Extension LUCP Application Form.pd!; Payment Agreement Form.pdf; Statement of Authority Form.pdf Please find attached the Application, Payment Agreement, and Statement of Authority forms. The County doesn't have a Letter of Authorization form but you can write one up that the Applicant can sign giving you authorization to act on the Applicant's behalf. The approval date of an application is the date that the BOCC approves it not the date the resolution was signed. Molly From: Lee Leavenworth [mailto:lel@lellaw.net] Sent: Thursday, June 27, 2013 11:26 AM To: Molly Orkild-Larson Cc: 'Deric Walter'; 'Jim Cagle'; 'Jack K. Pretti' Subject: RE: Homestead on Miller Lane Preliminary Plan -Time Extension Molly: Thanks for the clarification. Can I get a copy of the Application form and the Payment Agreement form so I can complete those and get it signed by the owner? Also, if you have a form for the Statement of Authority or Letter of Authorization, that would be helpful. I can create those if needed so don't worry about it if you don't have a sample that was previously used that would be acceptable. Also, in reviewing the Preliminary Plan Approval Resolution you sent, I noted that the hearing occurred on July 16, but the Resolution was not signed until August 13, 2012. Wouldn't that make the deadline to apply for the extension August 13? It seems to me that until the Preliminary Plan Approval Resolution was signed on August 13, the approval was not final? Lee Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201 1 This e-mai'I transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents From: Molly Orkild-Larson [mailto:morkild-larson@garfield-countv.com] Sent: Wednesday, June 19, 2013 4:23 PM To: Lee Leavenworth Subject: Homestead on Miller Lane Preliminary Plan -Time Extension Lee: I was incorrect in saying that you had to be before the BOCC and receive approval for the time extension prior to the expiration date of the approval for the Preliminary Plan. Rather you need to make a request for a time extension prior to the expiration date. See below. Thanks, Molly Section 4-101 {I) 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 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 90-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. If 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 for the Land Use Change Permit or Division of Land approval. No virus found in this message. Checked by AVG -www.avg.com Version: 2013.0.3345 /Virus Database: 3199/6437 -Release Date: 06/24/13 2 Gar.field County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE O~'APpLICATl()N , > ·. D Administrative Review D Limited Impact Review D Major Impact Review D Amendments to an Approved LUCP OUR DMIR DsuP D Minor Temporary Housing Facility D Vacation of a County Road/Public ROW D Pipeline Development D Comprehensive Plan Amendment D Major D Minor INVOLVED PARTIES .. .· Owner/Applicant Name: Mailing Address: City: E-mail: Representative (Authorization Required) Name: Mailing Address: City: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: ---- Physical/Street Address: Legal Description: Zone District: - ·.. /< • > • ... • .• ··•··•··· • • ••• • • . . D Location and Extent Review D Development in 100-Year Floodplain D Designation of Flood Fringe/Floodway D Rezoning D Zone DistrictD PUD D PUD Amendment D ULUR Text Amendment D Appeal of Administrative Interpretation D 1041 Regulations D Variance D Time extension Phone: ( ) State: Zip Code: Phone: ( ) State: Zip Code: . . ---------- Property Size (acres): PROJECT DESCRIPTION . . . ... ·. ; .·. . ·. . .. . . Existing Use: _________________________________ _ Proposed Use (From Use Table 3-503): ----------------------- Description of Project: ------------------------------ REQUEST FOR WJ\IVERS . .... • .. . . . . . . ... .· Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL USE ONLY ·. . . . . . . . . FileNumber: _______ _ Fee Paid:$ ------------~ Garfield County Community Development Department 108 8'" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com · n'e~ oil A'PPLtlEJioti(j1\i : ' .,-<---_/_;_:-____ /·.t':>.:' -> - ---------: >-,;: ---->-< <;. >>-<< :_::>-:;::::-·:>/_': _-:---_-_:::_-r_:;,y:_:_~<-< ~ ····.· .... <<.; •::. (•\::; D Administrative Review D Location and Extent Review D Limited Impact Review D Development in 100-Year Floodplain D Major Impact Review D Designation of Flood Fringe/Floodway D Amendments to an Approved LUCP D Rezoning OUR OMIR OsuP 0 ZoneDistrictO PUD 0 PUD Amendment D Minor Temporary Housing Facility D ULUR Text Amendment D Vacation of a County Road/Public ROW D Appeal of Administrative Interpretation D Pipeline Development D 1041 Regulations D Comprehensive Plan Amendment D Variance 0 Major 0Minor D Time extension INV()I,VED:~MlTIES Owner/Applicant Name: _____________________ Phone:( ___ ) ______ _ Mailing Address: _____________________________ _ City: _________________ State: ___ Zip Code: ________ _ E-mail: _________________________________ _ Representative (Authorization Required) Name: _____________________ Phone:( ___ ) ______ _ Mailing Address: _____________________________ _ City: _________________ State: ___ Zip Code: ________ _ E-mail=---------------------------------- PF{C>JECT NAl\llEANOl..QCATION Project Name: Assessor's Parcel Number: Physical/Street Address: __________________________ _ Legal Description: _____________________________ _ Zone District:---------------Property Size (acres):-------- F'RmECT [)ESCRIF'TIOJll Existing Use: _______________________________ _ Proposed Use {From Use Table 3-503}: ----------------------- Description of Project: ---------------------------- Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section:-------------- Section: _____________ Section: _____________ _ Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: _____________ _ Section: _____________ Section: _____________ _ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL US.E ONLY File Number: ____ -___ _ Fee Paid:$ ___________ _ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ ------------------------------agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: ________________ Phone:( __ ) _______ _ Billing Contact Address:----------------------------- City: ____________________ State: ___ Zip Code: ______ _ Billing Contact Email:------------------------------ Printed Name of Person Authorized to Sign:---------------------- (Signature) (Date) Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ---------------'a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is---------------------------~ andisformedunderthelawsof ________________________ _ The mailing address for the Entity is------------------------ The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is------------- The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"):------------- Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank):---------------------- EXECUTED this ___ day of ___________ , 20 __ _ Signature:---------------- Name (printed):--------------- Title (if any):---------------- STATE OF _______ ) )SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this __ day of _______ ~ 20 __ by on behalf of ---------------'a Witness my hand and official seal. My commission expires: _____ _ (Date) (Notary Public) [SEAL) ·.U ·'/ I / c:--' Scale: 1''=2000 Date: 7/11111 Proj #: 10003 File: 10003ll_PPLAT •I •I I -/ --i : < __ I I ' ) ' ' Jimbob lfenWtes 11, Ll.C GoJflfJ/d Counl)t, Colotado Qff( / he Homesteads on Miller Lan Vicinity Map