HomeMy WebLinkAbout1.0 ApplicationGENERAL INFORMATION (Please print legibly)
> Name of Property Owner: LB Rose Ranch LLC
A Mailing Address: 430 Ironbridge Drive Telephone: (970 ) 384-0630
A City: Glenwood Springs State: co Zip Code: 81601 Cell: ( )
A E-mail address: FAX: ( )
> Name of Owner's Representative, if any, (Attorney, Planner, Consultant. etc):
> Tim Thulson
A Mailing Address: 818 Colorado Avenue Telephone: (970 ) 945-6546
A City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( 970) 618-9914
A E-mail address: timebalcombgreen. Com
A Property Parcel ID See attached
FAX: ( 970 ) 945-8902
> Existing Property Zone District: PUD
• Existing Comprehensive Plan Designation: PUD
A Proposed Zone District: No change to existing zone
• Purpose for the proposed rezoning to Planned Unit Development:
See attached
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfiield-county.com
❑ PLANNED UNIT DEVELOPMENT (PUD)
® PUD Amendment
(Check the Appropriate box above)
Last Revised 12/12108
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I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to
rezone their property as shown on the Official Garfield County Zone District Map to
Planned Unit Development. As a minimum, specifically respond to all the following
items below and attach any additional information to be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the purpose of
the proposed Planned Unit Development.
2. Submit a copy of the deed and legal description of the real property, owned
by the Applicant in Garfield County, which will be affected by such change.
3. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or within
200 ft. of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-101, et seq. (That
information may be found in your title policy under Exceptions to Title).
4. If you are acting as an agent for the property owner, you must attach an
acknowledgement from the property owner that you may act in his/her behalf.
If the property is owned by a corporate entity (such as an LLC, LLLP, etc.)
Please submit a copy of a recorded "Statement of Authority" demonstrating
that the person signing the application has the authority to act in that capacity
for the entity."
5. Vicinity map: An 8 '/z x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1°=2000' showing the general topographic and geographic
relation of the proposed land use change to the surrounding area for which a
copy of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre -Application Conference form from the original Pre -
Application Conference.
7. Submit payment of the $500.00 base fee and a signed "Agreement for
Payment' form with this application.
8. Please provide a response that demonstrates that the request meets the
following PUD Standards as more fully detailed in Article VI, Section 6-203 of
the Unified Land Use Regulations of 2008.
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9. Please provide the general PUD submittal requirements as more fully detailed
in Article VI, Section 6-203 of the Unified Land Use Resolution of 2006.
10. Submit 3 copies of this completed application form and all the required
submittal materials to the Building and Planning Department. Staff will
request additional copies once the application has been deemed technically
complete.
11. PROCEDURAL REQUIREMENTS
The following outlines the process for a Planned Unit Development in Garfield
County which is also codified in Article VI, Division 2, Section 201 of the Unified
Land Use Resolution of 2008.
A. Pre -application Conference. A Pre -Application Conference shall be held in
accordance with the provisions of Section 4-103 A, Pre -Application Conference of
Article IV.
1. Concept Narrative. The applicant shall present a Concept Narrative of the
proposed PUD in sufficient detail to accurately convey the general concept of
the proposal. Detail shall include:
a) Concept Description. Location of property; existing zoning, use and
density; proposed zoning, use, densities and lot sizes; existing zoning and
use of surrounding property, including densities; existing and proposed
access; existing and proposed source of water; existing and proposed
wastewater treatment system; phasing if entire project is not being done
at one time; unique features on the site which might enhance the site and
proposed use; a discussion of the anticipated impacts and proposed
mitigation.
b) Additional Information Required. At the request of the Director, the
applicant shall provide any reasonable additional conceptual information
as needed to help clarify the proposal being made.
B. Rezoning. The process for Rezoning is set forth in Section 4-201, of Article IV,
Application and Review Procedures.
C. Subdivision Review (if division of land is proposed within PUD). The process for
subdivision review is set forth In Section 5-406 of Article V, Divisions of Land.
Where a Preliminary Plan application is included with a PUD application, the
subdivision regulations requirements will supersede the PUD requirements where
the same information or more detailed information is required as part of a
subdivision application.
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D. Preliminary PUD Plan Review. The following procedures shall apply to the
Preliminary PUD Plan Review. The Director may allow combined review of the
Preliminary PUD Plan and the Final PUD Plan.
a) Application. The application materials required for Preliminary PUD Plan
Review are set forth in Section 6-202 D.
b) Determination of Completeness. The Director shall review the application
for determination of completeness in accordance with the provisions of
Section 4-103 C, Determination of Completeness of Article IV, Application
and Review Procedures.
c) Schedule Public Hearing. Upon a determination of completeness, the
Director shall schedule the Preliminary PUD Plan for consideration by the
Planning Commission.
1) Public hearing by the Planning Commission shall be held within
sixty (60) calendar days of the date of determination of
completeness.
2) Public notice of the hearing shall be made pursuant to Section 4-
103 F, Notice of Public Hearing of Article IV, Application and
Review Procedures.
4. Evaluation by Director/Staff Review. Upon determination of completeness, the
Director shall review the application for compliance with the applicable
standards set forth in Section 6-303, PUD Approval Standards, and prepare a
staff report pursuant to Section 4-103 E of Article IV.
a) Review by Referral Agencies. The Director's evaluation of the application
shall include comment by referral agencies received under Section 4-103
D, Review by Referral Agency of Article IV, Application and Review
Procedures.
5. Review and Recommendation by the Planning Commission. An application for
Preliminary PUD Plan shall be considered by the Planning Commission at a
public hearing, after proper notice, conducted pursuant to Section 4-103 G,
Conduct of Public Hearing of Article IV, Application and Review Procedures.
a) Recommendation by Planning Commission. The Planning Commission
shall recommend approval, approval with conditions or denial of the
application based upon compliance with the standards set forth in Section
6-203, PUD Approval Standards.
1) Recommendation of Approval. If the application satisfies all of the
applicable standards, the Planning Commission shall recommend
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that the application be approved. The Commission may
recommend approval with conditions determined necessary for
compliance with applicable standards.
2) Recommendation of Denial. If the application fails to satisfy all of
the applicable standards the Planning Commission shall
recommend that the application be denied.
6. Schedule Public Hearing. The Director shall schedule the application for
consideration by the Board of County Commissioners.
a) Public hearing by the Board of County Commissioners shall be held within
forty-five (45) calendar days of the date of the Planning Commission
recommendation.
b) Public notice of the hearing shall be made pursuant to Section 4-103 F,
Notice of Public Hearing of Article IV, Application and Review Procedures.
7. Review and Action by the Board of County Commissioners. The final decision
to approve, approve with conditions or deny an application for Preliminary
PUD Plan shall be made by the Board of County Commissioners at a public
hearing.
a) Decision by Board. Following a public hearing conducted pursuant to
Section 4-103 G, Conduct of Public Hearing, the Board of County
Commissioners shall approve, approve with conditions or deny the
application based upon compliance with the standards set forth in Section
6-203, PUD Approval Standards.
1) Approval of Application. If the application satisfies all of the
applicable standards, the application shall be approved. The Board
may approve the application with conditions determined necessary
for compliance with applicable standards.
2) Denial of Application. If the application fails to satisfy any one of
the applicable standards, the application shall be denied.
E. Final PUD Plan Review. The following review procedures shall apply to Final PUD
Plan Review.
1. Application. The application materials required for PUD Final Plan Review
are set forth in Section 6-202 E.
2. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section
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4-103 C, Determination of Completeness of Article IV, Application and
Review Procedures.
3. Schedule Public Hearing. Upon a determination of completeness, the
Director shall schedule the Final PUD Plan for consideration by the Board of
County Commissioners.
a) Public hearing by the Board of County Commissioners shall be held within
forty-five (45) calendar days of the date of determination of completeness.
b) Public notice of the hearing shall be made pursuant to Section 4-103 F,
Notice of Public Hearing of Article IV, Application and Review Procedures.
4. Evaluation by Director/Staff Review. Upon determination of completeness,
the Director shall review the application for compliance with the applicable
standards set forth in Section 6-203, PUD Approval Standards, and prepare a
staff report pursuant to Section 4-103 E of Article IV.
5. Review and Action by the Board of County Commissioners. The final decision
to approve, approve with conditions or deny an application for Final PUD
Plan shall be made by the Board of County Commissioners at a public
hearing.
a) Decision by Board. Following a public hearing conducted pursuant to
Section 4-103 G, Conduct of Public Hearing, the Board of County
Commissioners shall approve, approve with conditions or deny the
application based upon compliance with the standards set forth in Section
6-203, PUD Approval Standards.
1) Approval of Application. If the application satisfies all of the
applicable standards, the application shall be approved. The Board
may approve the application with conditions determined necessary
for compliance with applicable standards
2) Denial of Application. If the application fails to satisfy any one of
the applicable standards, the application shall be denied.
6. Revisions to Zoning District Maps. Approval of a PUD Final Plan shall be
recorded on the Official Zoning Maps filed in the Planning Department as
soon as practicable after the PUD becomes effective.
7. Expiration of Approval. Unless otherwise stated in action by the Board of
County Commissioners, the Board's decision to approve or conditionally
approve the PUD plan shall be effective for a period of one year. The
applicant may request an extension of one year.
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8. Extension of Approval. A request for extension of approval shall be
considered by the Board of County Commissioners at a regularly scheduled
public`meeting.
a) The request for extension shall include the following information.
1) The reasons for the applicant's inability to comply with the specified
deadlines.
2) Changes in the character of the neighborhood or changes in the
Land Use Code or Comprehensive Plan which have occurred since
approval of the preliminary plan, and the effect of such changes on
the proposed development.
b) The Board may grant an extension based upon the following criteria.
1) The applicant has applied for an extension prior to the date of
expiration of approval.
2) There has been no change or proposed change in the Code, the
Comprehensive Plan, or the surrounding neighborhood which would
substantially affect the proposed development.
F. Recordation.
1. Completion of Conditions of Approval. The applicant must complete all conditions
of Final PUD Plan approval prior to recording the Final PUD Plan and associated
documents.
2. Approval of PUD Development Guide. The Final PUD Plan may not be filed for
recording until the Board has approved a PUD Development Guide.
3. Effective Upon Recording. The Final PUD Plan does not become effective until it
is properly filed for recording with the County Clerk and Recorder.
4. Public Sale of Lots. A PUD becomes complete and eligible for public sale of Tots
and development only after the Final PUD Plan and associated documents are
recorded.
III. Process for Amendments to Existing Planned Unit Developments
This section only applies to property owners wishing to amend an Existing Planned Unit
Development. All amendments to an approved PUD shall be processed as a Rezoning as
set forth in Section 4-201, of Article IV, Application and Review Procedures.
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A. Pre -Application Conference. A Pre -Application Conference shall be held in accordance
with the provisions of Section 4-103 A, Pre -Application Conference.
B. Application. The application materials required for a PUD approval are set forth in Section
6-301. Within thirty (30) working days of the date of the Pre -Application Conference, the
Director shall make a determination as to whether the proposed change(s) constitutes a
substantial modification to the' approved PUD or conditions of approval contained in the
Resolution of Approval.
Garfield County defines Substantial Modification as a Substantial Change which is
defined as a change to and existing approved land use resulting in one or more of the
following.
1. A change in land use category;
2. A change In site design which Increases
a) The number of dwelling units.
b) The maximum square footage of structures less than 10,000 sq.
ft. over 100% and structures over 10,000 sq. ft. by 10%, if a
maximum has been specified In a permit or approval.
c) Projected traffic such that a highway access permit or an
amendment to a highway access permit Is required as a result of
the change.
d) The size of the land which is the subject of the permit or
approval
3. A change In land use which creates or increases the incompatibility
of the use.
1) No Substantial Modification. If the Director determines that the change does not
constitute a substantial modification to the approved PUD, the Director shall
determine the applicable submittal materials.
2) Substantial Modification. If the Director determines that the change constitutes a
substantial modification, the PUD amendment shall be considered a new
application and submit the required materials identified in Section 6-301.
C. Written Notice of Decision. The Director shall inform the applicant of the determination in
writing within five (5) working days of the date of decision. Notice of the Director's
decision shall also be provided to the Board of County Commissioners.
D. Request by Applicant for Reconsideration of Decision. An applicant may request review
of the Director's decision by the Board of County Commissioners by filing a written
request within ten (10) calendar days of the date of receipt of written notice of the
decision by the Director.
1) Schedule Public Hearing. The Director shall schedule the request for review by
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a) Public hearing by the Board of County Commissioners shall be held
within forty-five (45) calendar days of the date of receipt of the request
for review.
b) Public notice of the hearing shall be made pursuant to Section 4-103 F,
Notice of Public Hearing.
2) Decision by Board. Following a public hearing conducted pursuant to Section 4-
103 G, Conduct of Public Hearing, the Board of County Commissioners may
uphold the Director's decision, modify the decision, or reverse the decision.
I have read the statements above and have provided the required attached information
which is correct and accu t= to the best of my knowledge.
Jeffrey Fitts kO,.0\D9
(Signatur f Prope Owner) Authorized Signatory Date
LB ROSE RANCH LLC, as Debtor and Debtor in Possession
in its Chapter 11 Case in the United States Bankruptcy
Court for the Southern District of New York, Case No. 08-13555 (JMP)
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and LB ROSE RANCH, LLC
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for PUD Amendment
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and 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. OWNER agrees to make payment of the Base. Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR THORIZED REPRESENTATIVE)
Signature
Jeffrey Fitts
Authorized Signatory
Print Name
Mailing Address:
Date
1271 Avenue of the Americas and 430 Ironbridge Drive
Glenwood Springs, CO
81601
39th Floor
New York, NY 10020
Page 4
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• NARRATIVE STATEMENT
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Applicant, LB ROSE RANCH LLC, hereby requests administrative approval of the within
Applications for FINAL PLAT AMENDMENT/CORRECTION PLAT and PUD AMENDMENT
(without Substantial Modification) and in support of this request states as follows:
1. As part of the PUD Zoning and Subdivision approvals' for the Ironbridge Planned Unit
Development, Phase 1 ("Phase 1") as incorporated within the Final Platz and
Subdivision Improvements Agreement ("SIA") therefore3, Applicant was required to
locate and construct those sidewalks more particularly described within the SIA to
facilitate pedestrian travel through Phase 1.
2. Under the SIA, the sidewalks were to be constructed in accordance with the
specifications set forth within the engineered drawings (HCE Miscellaneous Detail
Sheet, Sheet 67 Of 77) incorporated therein, a copy of which is provided herewith as
Exhibit A.
3. Due to drainage and onsite conditions, Applicant was unable to locate and construct
the sidewalk above required and in lieu thereof constructed a community pedestrian
path extending through Phase 1. The community pedestrian path is located entirely
within Common Area4 owned by the Property Owners Association and public right-of-
way as is confirmed by the map of the same provided herewith as Exhibit B. The
community pedestrian path was built to the specifications set forth within the
certification of Scott Gregory, P.E., High Country Engineering, provided herewith as
Exhibit C.
4. Approval of the above applications will remove the sidewalk specifications from the
SIA and substitute the same with the specifications for the community pedestrian
path; no amendment to the Final Plat as such should be required in that: a) the
sidewalks were never surveyed within or depicted upon the Final Plat and b) the
community pedestrian path has heretofore been constructed, is located entirely
within Common Area and dedicated public right-of-way and constitutes a fixture to
the same. Approval of the PUD Amendment will confirm substitution of the sidewalks
1 BOCC Resolution Nos. 98-80 and 99-067 as amended by Resolution Nos. 99-068, 2004-26 and 2004-20.
2 Final Plat recorded September 13, 1999 as Reception No. 569188 as amended and restated by Final Plat recorded
on June 09, 2004 as Reception No. 654210.
3 Subdivision Improvements Agreement recorded on September 11, 2000 as Reception No. 569190 and
amendments thereto recorded on September 11, 2000 as Reception No. 569191, on September 11, 2000 as
Reception No. 569192, on February 02, 2002 as Reception No. 597597, on March 01, 2002 as Reception No.
598280, and on June 16, 2004 as Reception No. 654211.
4 The location facilities such as the pedestrian path is a use permitted and reserved to the Applicant, as Declarant
under the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge recorded on
March 13, 2003 as Reception No. 623133.
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by the community pedestrian path for purpose of providing community pedestrian
circulation or travel.
In further support of the above applications, Applicant has provided herewith as additional
exhibits the following:
1. Exhibit D - Statement of Authority of the Applicant, LB Rose Ranch LLC; and
2. Exhibit E — Pre -Application Conference Summary.
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
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SUBDIVISION APPLICATION
(CHECK THE BOX THAT APPUES)
SKETCH PLAN (optional)
CONSERVATION SUBDIVISION
PRELIMINARY PLAN
PRELIMINARY PLAN AMENDMENT
FINAL PLAT
FINAL PLAT AMENDMENT / CORRECTION PLAT
COMBINED PRELIMINARY PLAN & FINAL PLAT
GENERAL INFORMATION (Please print legibly)
• Name of Property Owner: LB Rose Ranch LLC
> Mailing Address: 430 Ironbridge Drive
Telephone: (970 ) 384-0630
• City: Glenwood Springs State: co Zip Code: 8i6A1 Cell: ( )
> E-mail address: FAX: ( )
• Name of Owner's Representative. if any. (Attorney. Planner, Consultant. etc):
➢ Tim Thulson
> Mailing Address: 818 Colorado Avenue Telephone: ( 970) 945-6546
D City: Glenwood Springs State: c0 Zip Code: 81601 Cell: (970 ) 618-9914
➢ E-mail address: tim@balcombgreen.com FAX: (970 )945-8902
• Location of Property: Section 1. 2 & 35 Township 6 & 7 Range 89 West
Assessor's Parcel Number: See attached- -
• Practical Location / Address of Property: 430 Ironbridge Drive
Glenwood Springs, Colorado 81601
• Current Size of. Property to be Subdivided (in acres): 433 acres
D Number of Tracts / Lots Created within the Proposed Subdivision: same as platted
Last Revised 12/24/08
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4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the
subject property and all public and private landowners adjacent to your property (which should
be delineated). in addition, submit a list of all property owners, private and public, and their
addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
County Assessor's Office. You will also need the names (if applicable) of all mineral interest
owners of the subject property, identified in the County Clerk and Recorder's records in
accordance with §24-65.5-101, et seq. (That information may be found in your title policy under
Exceptions to Title).
5. Vicinity map: An 8 % x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the boundaries of the subject property and all property within a 3 -mile radius of the
subject property. The map shall be at a minimum scale of 1"=2000' showing the general
topographic and geographic relation of the proposed exemption to the surrounding area for
which a copy of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre -Application Conference form.
7. Submit 3 copies of this completed application and all the required submittal materials to the
Building and Planning Department Staff will request additional copies once the application has
been deemed technically complete.
The following section outlines and describes the subdivision processes for the variety of subdivision actions
that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR).
Please refer to Article V in the regulations themselves for a higher level of detail.
I. THE SKETCH PLAN
The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an
optional plan review process intended to review at a conceptual level the feasibility and
design characteristics of the proposed division of land. The Yield Plan Review process, set
forth in Section 5-309, may be combined with Sketch Plan Review for applications
proposing Conservation Subdivision.
A. Process: The Sketch Plan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5-301 of the ULUR:
1. Application
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review by Planning Commission
B. Application Materials: The Sketch Plan review process is set forth in Article V,
Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials.
1. Application Form and Fees
2. Vicinity Map (5-502(C)(2))
3. Yield Plan (required for Conservation Subdivision)
4. Sketch Plan Map (5-502(C)(2))
5. Land Suitability Analysis (4-502(D))
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H. THE CONSERVATION SUBDIVISION
The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a
clustered residential development option that allows reduced lot size and provides density
bonuses in exchange for preservation of rural lands through provision of open space. A
Conservation Subdivision shall be designed as a Density Neutral Development Plan or an
Increased Density Development Plan. The design standards for each development Plan
option are set forth in Article Vil, Section 7-501 of the ULUR.
A. Process: Conservation Subdivision Review process is the same as the general
subdivision process with the addition of the Yield -Plan Review. The overall
Conservation Subdivision Process shall consist of the following procedures and as
more fully described in Article V, Section 5-301 of the ULUR:
1. Pre -Application Conference
2. Sketch Plan (optional)
3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan)
4. Preliminary Plan Review
5. Final Plat Review
B. Application Materials: The Conservation Subdivision review requires the following
application materials that cah found more fully described in Article V, Sections 5-502
and 7-501 of the ULUR:
1. Application Form and Fees
2. Sketch Plan (Optional) (5-501(J))
3. Yield Plan (5-502(C)(8))
4. Preliminary Pian (5-501(G))
5. Final Plat (5-501(E))
6. Narrative addressing Design Standards (7-501 through 7-503)
III. THE PRELIMINARY PLAN
The preliminary plan review process will review the feasibility and design characteristics of
the proposed subdivision based on the standards set forth in Article VII, Standards. The
preliminary plan process will also evaluate preliminary engineering design. The Director
may allow the preliminary plan and the final plat process to be combined if the proposed
subdivision has seven (7) parcels or less and development of the lots does not require
extensive engineering.
A. Process: Preliminary Plan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5-303(6) of the ULUR:
1. Pre -Application Conference
2. Determination of Completeness
3. Evaluation by Director/Staff Review
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4. Public Hearing and Recommendation by Planning Commission
5. Public Hearing and Decision by Board of County Commissioners
B. Application Materials: The Preliminary Plan review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fees
2. Preliminary Plan Map
3. Yield Plan (Conservation Subdivision only)
4. Open Space Plan, preliminary
5. Open Space Management Plan
6. Landscape Plan (Common Ownership Areas)
7. Impact Analysis
8. Land Suitability Analysis
9. Lighting Plan consistent with standards in 7-305
10.Visual Analysis
11. Preliminary Engineering Reports and Plans
a) streets, trails, walkways and bikeways
b) engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) identification and mitigation of geologic hazards
d) sewage collection, and water supply and distribution system
e) Erosion and Sediment Control Plan
1) Water Supply Plan
g) Sanitary Sewage Disposal Plan
12. Draft Improvements Agreement, Covenants and Restrictions and By-laws
IV. THE PRELIMINARY PLAN AMENDMENT
Any proposal to change a preliminary plan approved under these Regulations shall require
application to the Director for Amendment of an Approved Preliminary Plan. The Director
shall review the application to determine whether the proposed change constitutes a
substantial modification to the approved plan as more fully described in Article V, Section 5-
304. (A substantial modification is defined as a Substantial Change in Article XVI:
Definitions)
A. Outline of Process. The review process for a proposed Amendment of an Approved
Preliminary Plan shall consist of the following procedures.
1. Pre -Application Conference
2. Application
3. Determination of Completeness
4. Evaluation by Director/Staff Review
5. Decision by Director
B. Application Materials: The Preliminary Plan Amendment review requires the following
application materials as more fully described in Article V, Section 5-501(H):
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1. Application Form
2. Written Statement of proposed amendment(s)
3. Supporting documents necessary to evaluate the proposed revision(s)
V. THE FINAL PLAT REVIEW
Unless otherwise provided by these Regulations, the applicant must receive preliminary
plan approval before beginning the final plat process. The final plat review is to formally
finalize the actions resultant from the preliminary plan in order to complete the subdivision
process.
A. Outline of Process. The Final Plat Review process shall consist of the following
procedures:
1. Application
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review and Action by Board of County Commissioners
5. Recordation of Plat
B. Application Materials: The Final Plat review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Final Plat
3. Final Engineering Reports and Plans
a) Streets, trails, walkways and bikeways
b) Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) Mitigation of geologic hazards
d) Sewage collection, and water supply and distribution system
e) Soil suitability information
f) Groundwater drainage
g) Erosion and Sediment Control Plan (4-602 C. 4.)
h) Final cost estimates for public improvements
i) The certification listing all mortgages, liens judgments, easements,
contracts, and agreements of record regarding the land to be platted and
the Board of County Commissioners may require, at its discretion, that the
holders of such mortgages, liens, judgments, easements, contracts or
agreements shall be required to join in and approve the application' for
Final Plat approval before such Final Plat is accepted for review. All other
exceptions from title shall be delineated.
4. Landscape Plan (Common Area) (4-602 5.)
5. Open Space Plan (if applicable)
6. Open Space Management Plan (If applicable)
6
•
•
7. improvements Agreement, if applicable [include record drawings in digital format,
(4-602 J.)]
8. Letter of Intent for service from all of the utility service providers
a) Contract for Service, required prior to Final Plat recordation.
9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation
and bylaws
10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees)
VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW
The purpose of the Final Plat Amendment review is to allow for certain amendments to an
approved Final Plat. An amendment may be made to a recorded Final Plat if such
amendment does not increase the number of subdivision lots or result in a major relocation
of a road or add one or more new roads (pursuant to Section 5-306). A correction can be
made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that
does not affect the substance of the plat.
A. Outline of Processes. The review processes for amending a Final Plat or an
Exemption Plat shall consist of the following regardless of whether the division was
initially approved as a subdivision or an Exemption:
1 Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section
4-104 of Article IV, shall be used for review of a request to amend or correct a
Final Plat modifying lot lines, building envelopes, easement locations or other
interests affecting up to four (4) subdivision lots.
An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or
easements affecting not more than two (2) adjacent Tots or Exemption Lots or a
single building envelope shall be subject to the Administrative Review Process
set forth in Section 4-104 of Article IV, with the addition of presentation of the
Amended Plat to the Board of County Commissioners for signature, prior to
recording with the Office of the Clerk and Recorder.
2. More Than Four Lots: The Major Exemption Review Process, detailed in Section
5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot
lines, building envelopes, easement locations or other interests affecting more
four (4) subdivision Tots or Exemption Lots.
An Amended Final Plat which modifies lot lines or easements affecting more than
four (4) subdivision lots or more than one (1) building envelope shall be subject to
the Major Exemption Review Process set forth in Section 5-403.
B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the
following application materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
•
3. Final Plat, Amended Final Plat
4. Subdivision Improvement Agreement, if necessary
The Director may allow the Preliminary Plan and the Final Plat process to be combined if
the proposed subdivision has seven (7) parcels or less and development of the lots does
not require extensive engineering. (Section 5-303) No submittal of a combined application
shall be allowed until the Director has made a determination after holding a pre -application
conference.
1 have read the statements above and have provided the required attached information
which is co'-- and ac9. te to : e best of my knowledge.
Jeffrey FittS
tO\LD 01
Authorized Signatory Date
LB ROSE RANCH LLC, as Debtor and Debtor in Possession
in its Chapter 11 Case in the United States Bankruptcy
Court for the Southern District of New York, Case !o. 08-13555 (JMP)
•
•
•
•
•
• •
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and LB ROSE RANCH, LLC
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for
Final Plat Amendment _ (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and 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. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OAUTHORIZED REPRESENTATIVE)
Signatur,
Jeffrey Fitts
Authorized Signatory
Print Name
Mailing Address:
Date
1271 Avenue of the Americas
39th Floor
New York, NY 10020
Page 4
and 430 Ironbridge Drive
Glenwood Springs, CO
81601
•
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L.B. ROSE RANCH
IRONBRIDGE PUD, PHASE 1
PEDESTRIAN PATH OVERLAY
EXHIBIT
HIGH COUNTRY ENGINEERING, INC.""" FWH
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SI 7 BLAKE AVENUE, STE 101,
GLENWOOD SPRINGS, CO 81601
PHONE (970) 9485676 -FAX (970) 948.2555
WWW.HCENG.COM
CNEC"eD BY:
NO. DATE
REVISION
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REVISION
•
An Employee -Owned Company
February 12, 2010
David Joseph
LB Rose Ranch, LLC
403 Ironbridge Drive
Glenwood Springs, CO 81601
Re: Ironbridge P.U.D., Phase 1— Pedestrian Trail
HCE Project No. 2051019.00
Dear David,
The pedestrian trail completed through the phase 1 portion of the Ironbridge P.U.D. was completed in
lieu of the four (4) and five (5) foot detached sidewalk as depicted on the original construction
documents. This change was completed to eliminate the possible drainage problems that the
sidewalks could have imposed. The sidewalks could have hindered the drainage flow path to the
roadside ditches, and with the hydro -compressive soil on the project, this was deemed undesirable.
So, the alternative pedestrian trail was designed to promote connectivity throughout the entire
development. This eight (8) foot wide pedestrian path was constructed to the same standards as the
existing ten (10) foot wide pedestrian trail that is along County Road 109, along the western edge of
the property. The cross section that was used consisted of three (3) inches of Hot mix asphalt over six
(6) inches of aggregate base coarse. These two trails, along with the trail through the phase 2 portion
of the development have all been connected to complete the pedestrian trail system thus far in the
development. This trail will continue through the rest of the development once the required approvals
have been received from Garfield County, for the phase 3 portion of the site.
Please contact me if you have any questions or need additional information.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Scott P. Gregory, P.E.
Project Manager
SPG/blf
Enc
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
7 telephone (970) 945-8676 — fax (970) 945-2555
1111P♦NZhhANiIfiiiQ11LI41#1eIifi'l iIK11N111®I111
Receptionti: 777915
11/17/2009 03.05.36 PM Jean Plberaco
1 of 2 frac Fee :$11 DD Doe Fee:0,00 GGRF1£LD COUNTY CO
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of
Authority on behalf of LB ROSE RANCH LLC (the "Entity"), a Limited Liability
Company, and states as follows:
The name of the Entity is LB ROSE RANCH LLC and it was formed as a
Delaware limited liability company pursuant to the -Delaware Limited Liability Company
Act.
The mailing addresses for the Entity are (i)1271 Avenue of the Americas, 39th
Floor, New York, New York 10020 and (ii) 430 Ironbridge Drive, Glennwood Springs,
Colorado 81601. r "
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 PAMI LLC, as its Managing Member for LB Rose Ranch LLC.
The limitations upon the authority of the person named above or holding the
position described above to bind the Entity are as follows:
Pursuant to the Entity's Limited -Liability Company Operating Agreement, the
Entity is authorized to (a) acquire, hold, maintain, operate, improve, develop, construct,
sell, exchange, lease and otherwise use all of the right, title and fee interest in and to a
parcel of real property known as Rose Ranch, located in Garfield County, Colorado for
profit, and (b) do any and all other acts or things that may be necessary or incidental to
carry on the business as described in clause (a) above.
On February 9, 2009, the Entity commenced with the United States Bankruptcy
Court for the Southern District of New York (the `Bankruptcy Court") a voluntary case
under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"). [Case
No. 09-10560 (JMP)). The Entity's chapter 11 case is being jointly administered with the
chapter 11 case of its affiliate Lehman Brothers Holdings Inc. [Case No. 08-
13555(JM11. The Entity is subject to the jurisdiction of the Bankrilptcy Court and any
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USTACTI V UM3178537101 M3178537_1.DOCX583W.1X)03
II EXHIBIT D
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Pnr)liViiMM,NdriVileritellEflieelifi.111.111111
ReceptSon#: 777915
11/17/2009 03:05 35 P11 Joan Albericc
2 of 2 Rec Pee :$11.00 Doc Fee:0.00 GARFIELD COUNTY CO
restrictions and limitations imposed upon a debtor in possession under the Bankruptcy
Code Federal Rul of Bankru tc Procedure and other a..licable rules. The Entit 's
Managing Member, PAMI LLC, has not commenced a case under the Bankruptcy Code.
Other matters concerning the manner in which the Entity deals with any interest
in real property are:
Pursuant to the Entity's Limited Liability CompanyOperating Agreement, PAMI LLC is
the Managing Member of the Entity and is vested with authority to act for the Entity
pursuant to the Delaware Limited Liability Company Act.
EXECUTED this k day of October, 2009.
LB ROSE RANCH LLC,
as Debtor and Debtor in Possession in its chapter 11 case in the United States Bankruptcy
Court for the Southern District of New York, Case No. 08-13555 (JMP)
by its Sole Member:
PAMI LLC, its Managing Memb
By
Name: Jeffrey Fitts
Authorized Signatory
Title:
A t-yh 1 E>-•
STATE OF ip")� jt''tc
COUNTY OF `:/ Ylt'h 5S,
The foregoing instrument was acknowledged before me this day of O6ab•C.C"2009 b
Jeffrey Fats , on behalf of �(kI.li"(' 1 r a AUTHORIZED SIGNATORY
Witness my hand and official seal.
My commission expires:
(SEAL)
US ACrTVEE 4317553TD P43178537_1.DOC\58399.0003
DEANNA EMILIO
Notary Public, Siatrt of New York
No. O1 E k15 171082
Qunlitiad in Richmond County
Tcir., Expires July 23. 2011
e
• •
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Tom Veljic
PROJECT: PUD/Plat/SIA Amendment
COMPREHENSIVE PLAN: Study Area 1
OWNER: LB Rose Ranch, LLC
REPRESENTATIVE: Tim Thulson
PRACTICAL LOCATION: Ironbridge Phase 1, east of CR 109
TYPE OF APPLICATION: PUD Amendment
• GENERAL PROJECT DESCRIPTION — Ironbridge PUD/Plat, Phase I is an approved and
finalized plat. The PUD approved the zoning followed by a preliminary plan approval for
subdivision of the entire PUD with phasing for the subsequent final plat(s)..The Phase 1
Final Plat accomplishes the subdivision of the lots within Phase 1 of the PUD and
represents an approved subdivision. The Phase 1 final Plat also included a Subdivision
Improvement Agreement (SIA) which specifically mentioned the sidewalks.
The original Preliminary Plan approval was in Resolution 99-68 with additional approvals in
Resolution 2004-21, and then modified in Resolution 2004-26 which included all the prior
approvals. Phase 1 Final Plat was submitted under the initial approval and the Final Plat was
approved subject to the terms and conditions of the SIA (see SIA of 9-13-99). The SIA
references improvements including "pedestrian ways" per "Rose Ranch PUD Phase 1 Road
Plan and Profile". It's probable that a specific plan sheet was submitted with the Phase(
final Plat that may need to be amended in this request. Please submit a copy of the
approved plans and as -built drawings showing the specifications used for construction of
the pedestrian path.
The applicant must demonstrate all the previous representations for sidewalks within Phase
I (or the entire PUD) before a determination which amendment process will apply. Any
PUD, Final Plat, or SIA which detail the pedestrian circulation element of this project may
need to be amended which can occur concurrently.
PreApp DATE: December 31, 2009
PARCEL: Phase I of Ironbridge
ZONING: Planned Unit Development
•
0fEXHIBIT E
•
•
•
•
The amendment request is to alter the requirements for sidewalks and replace the intended
pedestrian circulation system with an internal pathway system. The application narrative
must describe the requested changes and how it relates to the approved PUD and final plat
for Phase 1 of lronbridge. The PreApp discussion suggests that the application may be
approved administratively if the Director determines there is no substantial modification to
the approved project. Any alteration of the final plat and SIA will require a separate
application for plat amendment.
Submittal documents should include copies of pertinent plat and PUD documents that show
the approved text and plans related to sidewalks and pedestrian circulation and the
amended text and plans with the proposed changes. Any discussion of sidewalks within
the Subdivision Improvement Agreement for this first phase of Ironbridge will need to be
amended, approved by the Board of County Commissioners, and recorded as an
amendment.
The Unified Land Use Resolution is vague about the exact administrative process required
for PUD amendments that are deemed without "Substantial Modification". An amendment
to the Unified Land Use Resolution of 2008 is in process which will alter the amendment
process and clarify the necessary procedures for all Land Use Change Permits including
PUD amendments.
Please include copies of the approved documents (PUD, Final Plat, and SIA) and your
requested amendments with your application. Use full size sheets, to scale, for any
alteration to plat documents that require approval by the Board of County Commissioners.
A previous Preapplication for this request occurred on January 21, 2009.
I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS:
• Garfield County Comprehensive Plan of 2000 as amended
• Garfield County Unified Land Use Resolution of 2008 as amended
o Article III, Zoning
o Article IV, Application and Review Procedures (Section 4-103)
o Administrative Review Process (Section 4-104)
o Article V, Divisions of Land
o Article VI, Planned Unit Development
o Section 6-201 (F) Amendment to an Approved PUD
o Article XVI Definitions
o Substantial Modification
0
II. PROCESS
In summary, the process will be the following:
1. Pre -application Meeting (held 12/31/2009)
2. Submittal of complete PUD Amendment Application
a. Please Note; additional applications may be required for amending the final
plat and or SIA which will be determined upon the initial request for the
PUD amendment.
3. Review by for Technically Complete (TC) Status (30 working days)
•
•
•
• •
4. Determination by Director for "Substantial Modification" and request for any
additional submittal materials
NOTE: The Directors Determination will include the required processes and
documents necessary to proceed with your PUD amendment. This may include
amendment to the PUD, Plat, and/or Subdivision Improvement agreement. Public
hearings may be necessary if alterations affect the recorded final plat of Phase I of
Ironbridge.
III. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing: X Director of Building and Planning
Planning Commission
X Board of County Commissioners (on appeal or call-up) .
Board of Adjustment
c. Referral Agencies:
Garfield County Road and Bridge
Garfield County Attorney
IV. APPLICATION REVIEW FEES
a. Planning Review Fees:$ 300.00
Fire District
Other agencies determined by the Director
b. Referral Agency Fees: $ (Separate Check, see attached fee schedule)
c. Total Deposit:
$ 300.00 (additional hours are billed at $_40.50_ /hour)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case
planner contacts applicant and sets up a site visit. Staff reviews application to determine if
it meets standards of review. Case planner makes a recommendation of approval, approval
with conditions, or denial to the appropriate hearing body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right.
•
•
•
• •
Pre -application Summary Prepared by:
Thomas Veljic, AICP
Senior Planner
/4"/20/0
Attachments: Preapplication Summary dated 1/21/2009
D ate
A digital version of the Planned Unit Development Application is available on-line at;
http://www.garfieid-county.com/Index.aspx?page=1113
Please refer to the sections of the Unified Land Use Resolution of 2008 noted above which
is located at; http://www.garfield-county.com/lndex.aspx?page=578
• •
NARRATIVE STATEMENT
Applicant, LB ROSE RANCH LLC, hereby requests administrative approval of the within
Applications for FINAL PLAT AMENDMENT/CORRECTION PLAT and PUD AMENDMENT
(without Substantial Modification) and in support of this request states as follows:
1. As part of the PUD Zoning and Subdivision approvals1 for the Ironbridge Planned Unit
Development, Phase 1 ("Phase 1") as incorporated within the Final PIat2 and
Subdivision Improvements Agreement ("SIA") therefore3, Applicant was required to
locate and construct those sidewalks more particularly described within the SIA to
facilitate pedestrian travel through Phase 1.
2. Under the SIA, the sidewalks were to be constructed in accordance with the
specifications set forth within the engineered drawings (HCE Miscellaneous Detail
Sheet, Sheet 67 Of 77) incorporated therein, a copy of which is provided herewith as
Exhibit A.
3. Due to drainage and onsite conditions, Applicant was unable to locate and construct
the sidewalk above required and in lieu thereof constructed a community pedestrian
path extending through Phase 1. The community pedestrian path is located entirely
within Common Area4 owned by the Property Owners Association and public right-of-
way as is confirmed by the map of the same provided herewith as Exhibit B. The
community pedestrian path was built to the specifications set forth within the
certification of Scott Gregory, P.E., High Country Engineering, provided herewith as
Exhibit C.
4. Approval of the above applications will remove the sidewalk specifications from the
SIA and substitute the same with the specifications for the community pedestrian
path; no amendment to the Final Plat as such should be required in that: a) the
sidewalks were never surveyed within or depicted upon the Final Plat and b) the
community pedestrian path has heretofore been constructed, is located entirely
within Common Area and dedicated public right-of-way and constitutes a fixture to
the same. Approval of the PUD Amendment will confirm substitution of the sidewalks
1 BOCC Resolution Nos. 98-80 and 99-067 as amended by Resolution Nos. 99-068, 2004-26 and 2004-20.
2 Final Plat recorded September 13, 1999 as Reception No. 569188 as amended and restated by Final Plat recorded
on June 09, 2004 as Reception No. 654210.
'Subdivision Improvements Agreement recorded on September 11, 2000 as Reception No. 569190 and
amendments thereto recorded on September 11, 2000 as Reception No. 569191, on September 11, 2000 as
Reception No. 569192, on February 02, 2002 as Reception No. 597597, on March 01, 2002 as Reception No.
598280, and on June 16, 2004 as Reception No. 654211.
4 The location facilities such as the pedestrian path is a use permitted and reserved to the Applicant, as Declarant
under the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge recorded on
March 13, 2003 as Reception No. 623133.
• •
by the community pedestrian path for purpose of providing community pedestrian
circulation or travel.
In further support of the above applications, Applicant has provided herewith as additional
exhibits the following:
1. Exhibit D - Statement of Authority of the Applicant, LB Rose Ranch LLC; and
2. Exhibit E — Pre -Application Conference Summary.
• •
Ironbridge Property Owners Association
1512 Grand Ave., Suite 109
Glenwood Springs, CO 81601
(970) 945-7266
March 24, 2010
Thomas Veljic
Garfield County Building & Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: PDAA-6319 — Amendment to the Ironbridge Planned Unit Development
Dear Mr. Veljic:
The Ironbridge Property Owners Association, as owner of the Common Area in
the above referenced Planned Unit Development, hereby authorizes LB Rose
Ranch LLC to amend the plat and provide the required plat amendment
information required by Garfield County.
The bike path located in the common area will be the responsibility of the
Property Owners Association.
In a meeting held March 24, 2010, the Property Owners Association Board
approved the above mentioned authorization and responsibility for the
maintenance of the bike path.
Sincerely,
1 /,
J Thomas Schmidt
President
Ironbridge Property Owners Association
1111 in ♦ MJ+lih i.P10i11, 041LI4't#11'Ilih, CIrki IN Il 11 II I
Rac.ption#: 777915
1I/IT/200g 0305 36 'N Jun R16.raco
1 of 2 R.c Faa:$11 00 Doc Foo.0. 00 GARFIELD COUNTY CO
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of
Authority on behalf of LB ROSE RANCH LLC (the "Entity"), a Limited Liability
Company, and states as follows:
The name of the Entity is LB ROSE RANCH LLC and it was formed as a
Delaware limited liability company pursuant to theDelaware Limited Liability Company
Act.
The mailing addresses for the Entity are 0)1271 Avenue of the Americas, 39*
Floor, New York, New York 10020 and (ii) 430 Ironbridge Drive, Glennwood Springs,
Colorado 81601.
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 PAMI LLC. as its Managing Member for LB Rose Ranch LLC.
The limitations upon the authority of the person named above or holding the
position described above to bind the Entity are as follows:
Pursuant to the Entity's Limited liability Company Operating Agreement, the
Entity is authorized to (a) acquire, hold, maintain, operate, improve, develop, construct,
sell, exchange, lease and otherwise use all of the right, title and fee interest in and to a
parcel of real property known as Rose Ranch, located in Garfield County, Colorado for
profit, and (b) do any and all other acts or things that may be necessary or incidental to
carry on the business as described in clause (a) above.
On February 9, 2009, the Entity commenced with the United States Bankruptcy
Court for the Southern District of New York (the "Bankruptcy Court") a voluntary case
under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"). [Case
No. 09-10560 (IMP)1. The Entity's chapter 11 case is beingiointly administered with the
chapter 11 case of its affiliate Lehman Brothers Holdings Inc. [Case No. 08-
13555(JMP)]. The Entity is subject to the jurisdiction of the Ba Bankruptcy C9urt and any
ko4 4r6. -to: �7�
Gl*/»„„toSf riy?, 008/68(
US ACTIVG1431711537WIH3176537_1.xJc3N3YV.0003
EXHIBIT D
■ ll rill1W,IIIMPIT1C4411111rfAillii B111
ReceptionU: 777915
11,1:17009 03:06 35 PM Jean P1bericc
2 of 2 Roc Fee:$11.00 Doc Fee:0.00 GPRFJELO COUITY CO
restrictions and limitations imposed upon a debtor in possession under the Bankruptcy
Code, Federal Rules of Bankruptcy Procedure and other applicable rules. The Entity's
Managing Member, PAMI LLC, has not commenced a case under the Bankruptcy Code.
Other matters concerning the manner in which the Entity deals with any interest
in real property are:
Pursuant to the Entity's Limited Liability Company Operating Agreement, PAMI LLC is
the Managing Member of the Entity and is vested with authorij+ to act for the Entity
pursuant to the Delaware Limited Liability Company Act.
EXECUTED this day of October, 2009. s,
LB ROSE RANCH LLC,
as Debtor and Debtor in Possession in its chapter 11 case in the United States Bankruptcy
Court for the Southern District of New York, Case No. 08-13555 (IMP)
by its Sole Member:
PAMI LLC, its Managing Memb
By:
Name:
Title:
Jetirsty Fitts
Authorized Signatory
STATE OF New Yo:t(
i(
COUNTY OF by ., Yc; "f1)SS.
The foregoing instrument was acknowledged before me this day of (DC bb.Q,f' 2009 b
Jeffrey Fitts , on behalf of -PA 4 L Lc , aAUTH0RIZE6-SZNATOR'
Witness my hand and official seal.
My commission expires:
(SEAL) Notary Pub!
DEANNA EMILIO
Notary PUhlin, Slntn of New York
No. 01EM6171062
Ountitiod in Rioltmonrl County
VC, m Expires July 23. 2011
US ACTIVE:N317N53710IN317&537 1.DOC158399.000
1 •
Tom Veljic
From: Deborah Quinn
Sent: Tuesday, May 11, 2010 11:42 AM
To: Tim Thulson
Cc: Tom Veljic
Subject: RE: Ironbridge
Thanks, Tim. Actually, John Madden didn't discuss with me, it was probably with the construction company and/or the
title company. However, on the face of the authority it appears that Jeffrey Fitts is authorized to act for LBRose through
PAMI. It is sufficient for LBRose.
However, since the actual property owner affected is the Ironbridge Property Owners Association, so the application
needs to include a recorded statement of authority for Tom Schmidt from the IPOA.
Finally, because the 5'concrete sidewalks are referenced in the original SIA (I think that is how we discovered the
change, wasn't it?) in the engineer's costs of completion, I think your idea of an amended SIA, to be signed by the BOCC
and recorded, is the way to provide notice of the change. If you can prepare a draft for my review, that would be great.
If you want to include an engineer's certificate that the pedestrian paths were completed in accordance with the
amended Miscellaneous Detail Sheet, Sheet 67 of 77, then we won't need security for them. Wasn't there one other
item in Phase I that needed to be completed, per the security we let go? If you want to address that one as well, perhaps
this SIA amendment could show that all improvements required (including AH requirements???) by the SIA have been
completed.
Tom Veljic, call me if you have questions. We should finalize all these details at the time the PUD amendment is
approved.
Deborah Quinn
Assistant Garfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
(970) 945-9150
Fax (970) 384-5005
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From: Tim Thulson [mailto:tim@balcombgreen.com]
Sent: Tuesday, May 11, 2010 10:46 AM
To: Deborah Quinn
Subject: Ironbridge
Deb — Here is the Statement of Authority. I am sure John Madden has previously gone over this with you. Call with any
questions. Thanks.
Very truly yours,
Timothy A. Thulson
Balcomb & Green, P.C.
P.O. Drawer 790
818 Colorado Ave.
Glenwood Springs CO 81602
970-945-6546
970-945-8902 - Fax
1
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2
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LB ROSE RANCH, LLC
GARFIELD COUNTY. COLORADO
ROSE RANCH P.U.D.
MISCELLANEOUS DETAIL SHEET
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HIGH COUNTRY ENGWEERING, INC.
923 COOPER AVENUE
GLENWOOD SPRINGS, CO 81601
- PH.(970) 945-8676 FX.(970) 945-2555
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DATE 3-15-02
FILE: DETI
NO,
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RE VISI ON
BY
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L.B. ROSE RANCH
IRONBRIDGE PUD, PHASE 1
PEDESTRIAN PATH OVERLAY
EXHIBIT
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE 101,
GLENWOOD SPRINGS, CO 81601
PHONE (970) 945.8876 - FAX (970) 945-2565
WWW.HCENG.COM
DRAWN Or
CHECKED 9WN
07/07/09
NO.
DATE
REVISION
By
CALLUTILGYNOTI6CA6ON
CENTER OF COLORADO
1-800.922.1987
OR534-00700 IN METRO DENVER
CALL 2.BUSINES5 DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR
EXCAVATE FOR THE MARKING OF
UNDERGROUND MEMBER UTILITIES
•
CERTIFICATE OF MAILING
I hereby certify that I served a true and correct copy of the within PUBLIC NOTICE for
LB Rose Ranch LLC to request an Administrative Amendment to the Planned Unit Development
of Ironbridge PUD, situated in the County of Garfield, State of Colorado, by placing the same,
postage pre -paid, certified, request return receipt in the United States mail, first class, addressed
to the following:
2395-121-18-092
2395-121-18-093
Tasker Investments LLC
106 Diamond A Ranch Road E
Carbondale, CO 81623
2395-121-18-098
Matthew and Taylor Verheul
586 Highway 133
Carbondale, CO 81623
2395-121-18-095
2395-121-18-096
Dr. Ronald Dozoretz
240 Corporate Blvd.
Norfolk, VA 23502
2395-124-18-123
James S. Denton, Jr.
Kimberly T. Denton
P.O. Box 1360
Carbondale, CO 81623
2395-121-18-113
Jesse Causa Steindler
Jill Leann Steindler
P.O. Box 1465
Carbondale, CO 81623
2395-121-18-114
James C. and Audrey K. Crowley
746 Silver Shores Road
Vero Beach, FL 32963-1101
2395-124-18-121
Anne Hodgson
177 Silver Mountain Drive
Glenwood Springs, CO 81601-8655
2395-121-18-104
THKW, LLC
4639 Burgundy Lane
Boulder, CO 80301
2395-121-18-102
2395-121-18-166
Judy Alexander
1894 Highway 50 East, No. 4 PMB 207
Carson City, NV 89701
2395-121-18-097
Erik and Jessie Johnson
0403 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-110
Michael A. and Janice E. Bennett
158 Wild Rose Lane
Glenwood Springs, CO 81601
2395-121-18-107
Lynn and Courtney Kleager
0214 Wild Rose Drive
Glenwood Springs, CO 81601
2395-124-18-116
2395-124-18-118
2395-121-18-091
2395-124-18-117
Denis and Linda Trupkin
3535 Windmill Ranch
Westin, FL 33331
2395-121-18-100
Bryce N. and Jamie B. Olson
325 River Bend Way
Glenwood Springs, CO 81601-8633
2395-121-18-106
Rocky G. and Mary S. Whitworth
270 River Bend Way
Glenwood Springs, CO 81601
2395-124-18-126
Robert F. Petts
P.O. Box 963
Glenwood Springs, CO 81602-0963
2395-121-18-094
Dale G. Rands
121 W. Long Lake Road, Suite 310
Bloomfield Hills, MI 48304
2395-124-18-125
Kristin F. and Joseph S. Davis
1.36 Silver Mountain Drive
Glenwood Springs, CO 81601
2395-121-18-109
David and Paula Matheson
172 Wild Rose Drive
Glenwood Springs, CO 81601
2395-124-18-122
Robert and Robin Cooke
4312 Greeley Street
Houston, TX 77006-5904
2395-121-18-128
Gary Adam and Carol F. Juul
290 Silver Mountain Drive
Glenwood Springs, CO 81601-8634
2395-124-18-127
Robert J. Gibbons
P.O. Box 2058
Glenwood Springs, CO 81602-2058
2395-124-18-119
William Tony Comer
Mary Kathleen Comer
203 Silver Mountain Drive
Glenwood Springs, CO 81601
2395-121-18-101
Jeffrey and Jessica Hale
59 Wild Rose Court
Glenwood Springs, CO 81601
2395-121-18-130
William and Jayne Poss
605 East Main
Aspen, CO 81611
2395-121-18-134
Onewest Bank, FSB
2900 Esperanza Crossing
Austin, TX 78758
2395-124-24-003
2395-121-24-013
2395-013-24-010
2395-121-24-002
2395-121-24-006
2395-121-24-005
2395-124-24-004
2395-121-24-001
2395-121-24-014
2395-122-24-012
2395-012-24-008
2395-014-24-007
2395-122-24-011
2395-012-24-009
Ironbridge Property Owners Association, Inc.
1007 Westbank Road
Glenwood Springs, CO 81601
2395-121-18-154
James and Susan McClelland
73 Wild Rose Drive
Glenwood Springs, CO 81601
2395-121-18-131
John S. Schaumburg
28 Wild Rose Drive
Glenwood Springs, CO 81601
2395-124-18-141
2395-121-18-147
Kurt and Helen Kornreich
73 Blue River Drive
Palm Desert, CA 92211-3254
2395-121-18-156
Kurt W. and Marla M. Korn
149 Wild Rose Drive
Glenwood Springs, CO 81601
2395-121-18-146
Andre and Julie Pontin
0031 White Peaks Lane
Glenwood Springs, CO
2395-124-18-136
Vaughan and Suzanne Counts
3603 Durhill Street
Houston, TX 77025
2395-121-18-169
Patrick Nesbitt
205 Lambert Road
Carpinteria, CA 93013
2395-121-18-129
Brent S. and Angela M. Buchanan
302 Silver Mountain Drive
Glenwood Springs, CO 81601
2395-121-18-160
Richard Riahoshek
Kathleen Peixotto
170 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-150
Paul and Joleen Incze
48 Silver Mountain Drive
81601 Glenwood Springs, CO 81601
2395-121-18-165
David and Lisa Ice
20 Silver Mountain Drive
Glenwood Springs, CO 81601
2395-122-23-001
2395-121-23-003
2395-013-23-005
2395-012-26-001
2185-354-23-007
2395-013-23-006
2395-122-23-002
2395-121-23-004
LB Rose Ranch LLC
1007 Westbank Road
Glenwood Springs, CO 81601
2395-121-18-171
Paul M. and Eden Henschel
171 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-152
Jeffrey J. and Holly A. Knable
43 Wild Rose Drive
Glenwood Springs, CO 81601
2395-121-18-164
Darbe C. and Shannon L. Gosda
3123 Castlewood Street
Houston, TX 77025-3217
2395-121-18-159
Daniel and Karen Johnson
441 Lewis Lane
Basalt, CO 81621
2395-121-18-132
Chris and Karen Woods
10 Wild Rose Drive
Glenwood Springs, CO 81601-8638
2395-121-18-167
Daniel and Toni Hock
735 Buckley Road
San Luis Obispo, CA 93401
2395-121-18-168
Sandra Herron
103 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-149
Richard G. Moore
15 White Peaks Lane
Glenwood Springs, CO 81601
2395-124-18-140
Federico J. and Graciela Pena
580 Main Street, #100
Carbondale, CO 81623
2395-121-18-170
2395-121-18-105
Brian Alonge
Michael Cryan
Gary Gray
2949 Heavenly Ridge
Thousand Oaks, CA 91362
2395-121-18-153
Brian Lee and Valerie Fuller
1121 Riverview Drive
Glenwood Springs, CO 81601
2395-121-18-158
William R. and Kathy K. Hegberg
140 River Oaks Lane
Basalt, CO 81621
2395-124-18-138
Bank of America, National Association
3476 State View Blvd.
Fort Mill, SC 29715
2395-121-18-155
Michael D. and Linda Lou McFerrin
117 Wild Rose Drive
Glenwood Springs, CO 81601-8653
2395-121-18-151
Marcia M. and Denver R. Randol
0066 Silver Mountain Drive
Glenwood Springs, CO 81601
2395-121-18-163
Paul H. and Kandice S. Allen
108 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-090
Deborah Marienthal Living Trust
Michael Marienthal Living Trust
406 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-161
Shannon Michelle Francis-Pienaar
Etienne Pienaar
150 River Bend Way
Glenwood Springs, CO 81601
2395-124-18-124
John H. McKay
Leslieann Gallagher
70 Greystone Trail
Evergreen, CO 80439
2395-121-18-157
Leslie Way
Cary Lakeman
179 Wild Rose Drive
Glenwood Springs, CO 81601
2395-121-18-162
. Sohrab Amini Trust U/D/T 3-13-1989
8067 S. Fairfax Court
Centennial, CO 80122
2395-121-18-112
James E. and Connie J. Meine
2903 S. Oak Way
Lakewood, CO 80227
2395-121-18-099
Cheryl A. Pitout
James Curto, Jr. and Janet Curto
365 River Bend Way
Glenwood Springs, CO 81601
2395-121-18-115
Alpine Bank
810 Castle Valley Blvd.
New Castle, CO 81647
2395-121-18-148
Integrated Real Estate Development LLC
1010 Washington Avenue, Suite 200
Golden, CO 80401
2395-124-18-120
The Alan F. Gibson Family Trust
Alan F. Gibson, Trustee
310 McArthur Way, #A
Upland, CA 91786
2395-121-18-108
Michael A. and Janice E. Bennett
158 Wild Rose Lane
Glenwood Springs, CO 81601
2395-124-18-143
Morgan Stanley ABS Capital Inc. Trust 2006-NC4
Deutsche Bank National Trust Company, Trustee
3476 Stateview Blvd.
Fort Mill, SC 29715
2395-124-18-144
John B. Richards, III
45 Eagle Nest Court
Carbondale, CO 81623
2395-121-18-133
Thisha and Kevin Craig
91 Silver Mountain Drive
Glenwood Springs, CO 81601-8641
2395-124-18-137
Craig and Pam Willis
0092 White Peaks
Glenwood Springs, CO 81601
2395-121-18-135
James Vidakovich Revocable Trust
3575 Cahuenga Blvd. West, Suite 200
Los Angeles, CA 90068-2280
2395-124-18-142
Stephen and Kori New
99 White Peaks Lane
Glenwood Springs, CO 81601-8629
2395-121-18-145
Stephanie Mosher
P.O. Box 8488
Aspen, CO 81612
2395-124-18-139
Charlie D. and Sarahliz Lawson
126 White Peaks Lane
Glenwood Springs, CO 81601
2395-121-18-111
Kent and Karen Woodard
P.O. Box 1567
Aspen, CO 81612
Dated this ,J' of July,
Bri oate