HomeMy WebLinkAbout2.0 Staff Report BOCC 11.07.16Board of County Commissioners - Public Meeting Exhibits
River Edge Colorado (REC)
PUD Phasing Schedule Amendment
Preliminary Plan Amendment
Extension of Vested Rights
November 7,2016
Exhibit
Number
Exhibit
1
Letter from David McConaughy of Garfield and Hecht, P.C. dated October 19,
2016
)Staff Memo
3
Resolution 2016-32 - Resolution of Denial for River Edge Colorado PUD and
Preliminarv Plan Amendments
4
Resolution 2011-85 - Resolution of Approval for River Edge Colorado Site
Specific Development Plan Establishing Vested Property Rights (Development
Asreement)
5 River Edee Colorado PUD Recorded at Reception Number 812802
6
Page l-1 I of 127 Pages of Resolution 2011-84 - Resolution of Approval for River
Edge Colorado PUD and Preliminary Plan (PUD Plan, PUD Development Guide,
Preliminary Plan, Phase 0 Improvement Agreement)
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REQUEST:
OWNEH/APPLICANT:
REPRESENTATIVE:
LOCATION:
PROPERTY SIZE:
WATEF/SEWER:
ACCESS:
EXISTING ZONING:
SURROUNDING ZONING:
COMPREHENSIVE PLAN:
BOCC November 7,2016
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PROJECT INFORMATION AND STAFF COMMENTS
River Edge Colorado: Amended PUD Phasing
Schedule / Amended Subdivision Preliminary Plan
Deadline / Extension of Vested Rights
Carbondale lnvestments, LLC
Garfield and Hecht, P.C. - David McConaughy
Mid-way between Carbondale and Glenwood
Springs on the west side of SH 82 at Cattle Creek
+160-acres
Roaring Fork Water & Sanitation District AND/OR
Private Central Water and Sanitation
State Highway 82
PUD
CL, CG, PUD, Rural
Future Land Use Map - Residential High Density,
Unincorporated Community
t. APPLTCANT',S REQUEST (SUMMARY)
The Applicant is requesting to reinstate the expired Preliminary PIan for the River Edge Colorado
Subdivision and PUD and extend it for an additional 5 years. This would extend the approval
through November 21,2019. The Applicant is also requesting to revise the Phasing Schedule for
the associated PUD as outlined below. Stafl has provided information on the general background
of this project as well as an analysis of this request.
!I. GENERAL SITE INFORMATION
A. Property Location
The property is generally located in the western /z of Sections 7 and 18 of Township 7 South,
Range 88 West and in the eastern half of Sections 1 and 12 of Township 7 South, Range 89
West. More practically, the property is located 2.5 miles south of Glenwood Springs east and
adjacent to State Highway 82 (SH 82) with a proposed primary access point located west of
Cattle Creek Road (CR 1 13) as it intersects with SH 82 in the lower Roaring Fork Valley.
B. Property History
i. Sanders Ranch
The Sanders Ranch Planned Unit Development (PUD) was approved by the Board of
County Commissioners (BOCC) in 2001 with a site specific development plan that
included a golf course, 62 single-family dwelling units and 168 multi-family dwelling units
for a total average density of 1.22 acres / du or conversely, 0.81 du I acre.
Application in 2003
based on the PUD
which was approved by
the BOCC in 2004 and
extended in 2005.
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ii. Bair Chase
Subsequently, the
owner of the property at
the time (Sopris
Development Group)
sold the property to
Linksvest I Bair Chase,
LLC who submitted a
Preliminary Plan
The net result was that the Preliminary Plan Application became invalid due to expiration;
certain obligations / timeframes contained within the Phasing Plan in the PUD also
became invalid thus rendering the entire PUD Plan invalid.
ln February, 2008 the Board of County Commissioners revoked approval for the
uncompleted portion of the PUD and rezoned that portion to Residential Suburban (known
as RGSD under the Zoning Resolution of 1978, as amended) leaving the area
encompassed by the conservation easement held by the Roaring Fork Conservancy
zoned as Open Space / Conservation District in the Sanders Ranch PUD as shown above.
iii. Cattle Creek Colorado
ln October 2008 the site was owned by River Bend, LLC when Related WestPac, LLC
submitted an application for a Zone District Amendment for Planned Unit Development
(PUD). This PUD proposed 1,006 dwelling units, 30,000 square feet of commercial, a
school site, open space and recreation as shown on the development plan. This
Open Space Conservation
District in Sanders Ranch PUD
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application was subsequently withdrawn by the Applicant prior to any action taken on the
request.
iv. River Edge Colorado (REC)
ln 2011, the current owner of the site, Carbondale lnvestments, LLC, (Cl) was approved
to rezone a portion of the original site discussed above, from Residential Suburban to PUD
to allow for development of 366 dwelling units (including 55 affordable units), 30,000
square feet of public, quasi-public and commercialfloor area, open space and recreation.
The owner was also approved for a Preliminary Plan Application to allow for subdivision
of the site.
The Applicant originally proposed that the development proceed in 11 phases with
reclamation of the entire 160-acres being completed in Phase 0. The developmentwas
anticipated to be built-out in 2019 based upon an average annual absorption rate of 58
units per year. The Applicant requested and was approved for a vesting period of 10
years.
ln early 2016, the Applicant requested amendments to the PUD and Preliminary Plan that
was approved in 2011. The request included amendments to accommodate the relocation
of the access to and from State Highway 82. The new access point was proposed to be
moved north from River Edge Drive to a new roadway known as Terrace Parkway and
was planned to provide access to both the Project and the GCCI property through a single
access road. The creation of Terrace Parkway would have resulted in a new layout of the
Project's intersection with State Highway 82 and a modification of the Project's internal
streets. The Amendment largely maintained overall density, with a slight reduction from
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366 residential units to 362. The Amendment also created a new Rio Grande Trail crossing
and related improvements for Terrace Parkway; eliminated the River Edge Drive Right-of-
Way extension to State Highways 82 and related plat adjustments; created new trail
connections and/or crossings of State Highway 82 at the old access location; relocated
the secondary emergency vehicle access onto State Highway 82 to run through adjoining
properties to the north of the Project to connect to County Road 167; reorganized the
Subdivision Filings as reflected on the Preliminary Subdivision Plan; and revised the PUD
Phasing Plan to shift earlier phases of development to the vicinity of the new access point.
At a Public Hearing with the Board of County Commissioners on April 18,2016, the Board
Denied the request for all aforementioned amendments, including all requests for
extensions, by a vote of 3-0.
C. STATUS OF PRELIMNARY PLAN, DEVELOPMENT AGREEMENT & VESTING
As a result of previous approvals in 2011 and the denial of all requested amendments to the
River Edge development in April2016, the current status of the development is as follows:
i. Preliminary Plan
As approved, the 2011 Preliminary Plan expired December 19, 2014 since the first
final plat was not submitted and deemed Technically Complete before this date.
However, because the Applicant had a pre-application conference on the
aforementioned amendments prior to this expiration date, Staff considered this step
the beginning of the application process and supported the Applicant at that time to
pursue an extension to the Preliminary Plan. However, as this amendment application,
including the extension requests, was denied on April 18, 2016, the Preliminarv Plan
is now expired.
ii. Development Agreement
According to the ULUR of 2008, the Board of County Commissioners may enter into a
development agreement with the landowner for a vesting period for longer than three
years where, in the discretion of the Board, an extension is warranted due to all
relevant circumstances including but not limited to project size and/or phasing of the
development, economic cycles and/or market conditions.
The Development Agreement for River Edge Colorado executed in 20'11 states that
the "Developer shall have no obligation to develop all or any portion of the Project;
provided, however, that if a buildinq permit for development of the first phase of the
Proiect is not issued on or before five (5) vears after the Effective Date of this
Aqreement, this Aqreement shall automaticallv terminate..." As the Effective Date for
this Agreement is December 22, 2011, the expiration date is December 22, 2016.
While this agreement is technically not yet expired, a building permit has yet to be
issued for any building within the River Edge development.
iii. Vested Rights
According to the ULUR of 2008, a vested property right shall be deemed established
for a period of three (3) years with the approval of a Site Specific Development Plan.
When a Site Specific Development Plan is approved, the vested right shallconfer upon
the landowner the right to undertake and complete the development and use of the
property under the terms and conditions of the Site Specific Development Plan. lf the
term of approval for the Site Specific Development Plan is approved for more than
three (3) years pursuant to these Regulations, the term of vested property rights may
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be extended to conform with the extended approval term pursuant to a Development
Agreement. The ULUR of 2008 stipulates that a Site Specific Development Plan shall
only mean:
A Final Plat for Subdivision, Rural Land Development Exemption Plat,
Subdivision Exemption Plat, the fiting of a PIJD after the signing and
recording of the first Finat Plat required pursuant to the PUD approval
or in the case of the PL)D subject to no further subdivision requirements,
physical installation of all required improvements consistent with the
approved PUD plan.
ln the case of this approval the Board modified what was considered a Site Specific
Development Plan and recognized the Development Agreement as such despite the
ULUR criteria (Section G of the Site Specific Development Plan as Recorded Under
Reception Number 812356). According to Resolution 20'11-85, River Edge obtained
Vested Rights pursuant to Article 68 of Title 24, C.R.S. According to this Article (C.R.S.
24-68-102.5(1)):
Except as otherwise provided in subsection (2) of this section, an
application for approval of a site specific development plan as well as the
approval, conditional approval, or denial of approval of the plan shall be
-the
aiptication is submitted to a tocal qovernment. For purposes of this
section:;taws and regulations" includes anv zonino law of qeneral
applicabilitV adopted bv a local oovernment as well as any zoninq or
clevelopment reOulations that have previously been adopted for the
particular parcel described in the plan and that remain in effect at the time
of the application for approval of the plan.
As a result, the Site Specific Development Plan for River Edge is vested under the
Unified Land Use Resolution of 2008 for a period of 10 years, so long as a building
permit is pulled within 5 years of the execution of the Development Agreement.
iv. Phasing Plan
Resolution 201 1-85 identifies a Vesting Period of 10 years. ln addition, this Resolution
states that the applicant will submit final plats as shown in Table 5 in the River Edge
Planned Unit Development Plan. This approved Phasing Schedule is outlined below.
Filinq
1
1B
2
2A
1A
3
4
4A
5
5A
6
Schedule of Plattino
2014
2014
201 5
201 5
201 6
2017
2018
2019
2020
2020
2021
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As is evident from this approved Phasing Schedule, the applicant is currently 5 years
behind schedule. According to Resolution 2011-85, "the platting schedule may be
modified as Developer deems appropriate in its sole discretion."
v. PUD Zoning
As a result and as outlined previously in this Memo, while the Preliminary Plan is
currently nutl and void the PUD zoning on the property remains in place. ln addition,
the Development Agreement remains valid until December 22, 2016 althouqh the
value of the Development Aoreement is questionable without a valid Preliminarv Plan.
The PUD zoning on the property will remain in place unless the Board or the property
owner initiates a revocation of the PUD and rezoning of the property.
vi. Summary of Current Status
Below is an outline of the current status of the Development Agreement, Preliminary
Plan, Vested Rights, Phasing Schedule, and PUD Zoning Status:
o Development Agreement (Pull Building Permit within 5 years of Effective Date)
Original Timef rame: December 22,2011 - December 22,2016
Status:Will Expire on December 22,2016
Extension Process: By Mutual Agreement of Applicant and BOCC (per
Resolution 201 1-85)
o Preliminary Plan (Submit first final plat within 3 years of Preliminary Plan)
OriginalTimeframe: December 19,2011 - December 19,2014
Status:Expired
Extension Process: None Available (per ULUR of 2008, as vested)
o Vested Rights (Vested Rights for 10 Years)
OriginalTimeframe: 2011 -2021
Status:5 Years behind Schedule
Extension Process: By Mutual Agreement of Applicant and BOCC (per
Resolution 201 1-85)
o Phasing Schedule
OriginalTimeframe: 2011 -2021Status: 5 Years behind Schedule
Extension Process: At "Sole Discretion" of Applicant - No BOCC
Approval Necessary (per Resolution 201 1-85)
o PUD Zoning
Status:Valid and in place until revocation and rezoning
il!. APPLTCANT',S REQUEST & STAFF ANALYSIS (DETAILED)
A. Amendment to Preliminary Plan Deadline.
The Applicant is requesting to reinstate the expired Preliminary Plan and extend it for an
additional 5 years. This would extend the approval through November 21,2019.
Staff Analysis: The Preliminary Plan is vested under the Unified Land Use
Resolution of 2008, which, unlike the current Land Use and Development Code of
2013, does not have a provision to reinstate an expired Preliminary Plan for any
reason. As a result, a legal means to reinstate the expired River Edge Colorado
Preliminary Plan does not exist.
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B. Amendment to PUD Phasing Schedule.
The Applicant is requesting to revise the PUD Phasing Schedule as outlined below.
Filinq
1
1B
2
2A
1A
3
4
4A
5
5A
6
ApprovedPlattinq ProposedPlattinq
2014
2014
2015
201 5
2016
2017
2018
201 I
2020
2020
2021
2019
2019
2020
2021
2021
2022
2023
2024
2025
2025
2026
Staff Analysis: Resolution 2011-85, Development Agreement, states that 'the
platting schedule may be modified as Developer deems appropriate in its sole
discretion." Since this alteration does not change the approved sequence of
platting, it is Staff's opinion that the Applicant may change the platting schedule
without approval of the Board or even notification of the County. As a result, Staff
has no issues with the proposed modification to the proposed platting schedule.
C. Extension of Vested Rights.
The Development Agreement currently vests the rights for a total of '10 years from the Effective
Date (December 22,2011). ln addition, the Development Agreement requires that the
Applicant obtain a building permit within 5 years of the Effective Date. The Applicant is
proposing to extend both expiration dates by 5 years, which would bring the overall expiration
to December 22,2026 and the deadline to obtain a building permit to December 22,2021.
Staff Analysis: Regarding the extension to the overall term of the vested rights,
Resolution 201 1-85 (Development Agreement) states that "the County agrees that
the rights identified as vested rights in this Section 3 shall commence on the
Effective Date, and shall end on the tenth anniversary of the Effective Date (the
"Term"), unless extended by mutual agreement of the Parties."
Regarding the extension to obtain a building permit, Resolution 201 1-85,
Development Agreement, states that "in the event a building permit for
development of the first phase of the Project is not issued prior to the end of such
five-year period, the County and Developer may agree in writing that this
Agreement shall nevertheless remain in place for the remainder of the Term."
As a result, it is Staff's opinion that by mutual agreement of the County and the
Developer, an extension may be granted to both obtain a building permit and to
the overall 10 year Term of the vested rights.
D. Restatement of Phase 0 Subdivision lmprovement Agreement (SlA)
The Applicant is proposing a restatement of the SIA indicating that the Completion Date for
the SIA is determined by the submission of the Grading Permit. ln addition, the Applicant
proposes to state that "no Grading Permit had been submitted to the County as of this
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Agreement. Therefore, the Parties agree and acknowledge that the Completion Date for
purposes of the SIA has not yet been triggered or determined."
Staff Analysis: As this is merely a restatement of the approved SIA and
acknowledgement that the Completion Date of the SIA has not yet been triggered,
Staff has no issue with this proposal.
E. Notices.
The Applicant wishes to update the contact information for the Developer and legal counsel.
Staff Analysis: Staff has no issues with this request.
IV. STAFF RECOMMENDATION
On April 18, 2016, the Board denied the property owner's request for multiple amendments to the
Preliminary Plan, PUD Phasing Schedule and Vested Rights. The following was presented to the
Board in the Staff Report on April 18, 2016:
"should these applications be denied, it is wotih noting that since the Preliminary
Plan technicatty expired in 2014, this Plan would become null and void. ln
addition, the Development Agreement and vested rights will expire December
22, 2016 unless a building permit is pulled before that date."
ln the draft Amendment to the Development Agreement letter of request from David McConaughy
dated October 19,2016, it is stated that the "Developer is in the process of working with an
adjacent property owner to submit an amended PUD plan that may or may not include both the
Property and adjacent property, and Developer desires to preserve its existing land use
entitlements for the Property while working on a new application to be considered by the County."
With the expressed expiration of the Preliminary Plan and the represented intent to submit a new
application in the future for this property, Staff considered some of the following avenues for the
applicant or the Board to pursue that may more easily accomplish the Applicant's expressed
objectives.
o Submit a New Preliminary Plan, Amended PUD Plan, and Development Agreement. Since
the current Preliminary Plan is expired and the property owner is currently "in the process
of working with an adjacent property owner to submit an amended PUD plan that may or
may not include both the Property and adjacent property", one option is for the property
owner to submit an amended or new PUD Plan which includes the desired changes once
the direction is decided. Since the PUD zoning will remain in place until it is rezoned,
unless the process is started by the property owner, the Board has discretion as to when
and if to initiate the rezoning process. As a result, it is Staff's recommendation that the
property owner allow the Development Agreement to expire on December 22,20'16 and
come back to the County for approval of a new Preliminary Plan, Development Agreement,
and an Amended PUD Plan when the property owners'team has settled on a direction for
development of the property. All such Plans and Agreements would also then be updated
to the Land Use and Development Code (LUDC) of 2013.
o Necessary Steps for Extension of Preliminary Plan: Re-Vest the Preliminary Plan under
LUDC of 2013 and decouple it from the ULUR of 2008, under which it is currently vested.
This is necessary because the ULUR does not have a provision for reinstating expired
Preliminary Plans due to extenuating circumstances. ln order to accomplish re-vesting the
Preliminary Plan, the Applicant would need to:
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Submit and be approved for a new Preliminary Plan. This new Plan must meet the
requirements of the LUDC. Since the old Preliminary Plan is expired, amending
this Plan is no longer an option.
Amend the PUD Guide and Plan. The PUD Guide and Plan would need to be
amended to change all references to the LUDC instead of the ULUR. ln addition,
the Amended PUD Guide and Plan would need to meet the standards of the LUDC.
Amend the Development Agreement. The Development Agreement would need to
be amended to update any reference from the ULUR to the LUDC.
V. BOCC DISCUSSION AND DELIBRATION
Concerning the current request, it is Staff's opinion that there is no legal means for the
Applicant to reinstate or extend the River Edge Colorado Preliminary Plan. As a result. it is
Staff's opinion that the Board has no authoritv to act on this request.
Regarding the Amendment to the PUD Phasing Schedule and extension of the Vested Rights,
should the Board and the Developer mutually agree to extend these provisions, then these
requests may legally be considered.
It is worth noting that although there is a means to extend the PUD Phasing Schedule and the
Vested Rights, because the Preliminary Plan is expired, the real effect of this extension is
moot unless the Applicant resubmits and is approved tor a new Preliminary Plan that is entirely
consistent with the Development Agreement and Vested Rights approved in Resolution 201 1-
85. To this end, it is Staff's opinion that the Board has the following options:
o Approve only the extension request for the PUD Phasing Schedule and Vested Rights.
o Deny the request for extension of the PUD Phasing Schedule and Vested Rights.
The Development Agreement is technically in place until December 22,2016 after which the
BOCC has the discretion to decide if it would like to revoke the approved PUD zoning and
rezone the property after the Development Agreement has been terminated. Should the
BOCC want to proceed in this direction, similar to the action taken with the Bair Chase
development in 2008, this direction should be provided to staff.
EXHIBIT
IroooI
GLENWOOD SPRINGS OFFICE
The Denver Center
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (970) 947 -1936
Facsimile (97 0) 947 -1937
GARFIELD &HECHT, PC.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
David McConaughy
dmcconau ghy@ garfieldhecht. com
October t9,2016
VIA U.S. Mail and E-mail
Sheryl Bower, Director
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
E-mail : sbower@ garfield-county. com
RE: Cerise Park, LLC - Thompson Park Subdivision, Phase 2
Subdivision and Major Site Plan Application
Dear Ms. Bower,
This law firm represents Carbondale Investments, LLC ("CI"). CI is the owner of the real
property that comprir"r th. River Edge Colorado PUD ("Projgct") located adjacent to Highway
-82
between Glenwood Springs and Carbondale. By Resolution No. 2011-84, the Garfield County
Board of County Commissioners ('BOCC") approved Planned Unit Development zorring, a PUD
plan and development guide, and a preliminary subdivision plan for the Project. By Resolution
2O1t-gS, the BOCC also approved a site-specific development plan, Development Agreement
(..Agreement"), a16 vested iigt tr for the Project. By its terms, the Agreement between the
Co,irty a"A ii will terminate on December lg, 2016. To preserve its Project entitlements, CI
hereby requests that the BOCC consider an amendment to the Development Agreement that
extends the termination date of the Agreement itself along with the vested rights established
thereby and that amends the Project phasing schedule. A proposed Agreement amendment is
included with this letter.
Earlier this year, CI sought to amend its PUD Plan and Preliminary Subdivision Plan to
relocate the access point for the Project, amend the phasing plan, and upd{e the phasing
schedule to push back the platting deadlines. That application was deemed timely but was
ultimately Aeniea. Following the denial, the BOCC encouraged CI to request an extension of its
vested rigtrts to keep the Project alive. To that end, in addition to requesting the extension, CI has
also been in discussions with the owner of the property adjacent to the Project about the
possibility of amending the Project.PUD to include the adjacent land. Amending the Agreement
as CI proposes will help further those discussions.
County staff has indicated that CI's ability to develop the Projeci according to the
Preliminary Subdivision Plan has lapsed because the first final plat for the Project was not
submitted and deemed complete by December 19, 2014, CI's most recent application was
denied, and the current land use code does not include an eXtension provision, Staff has also
expressed some concern that the Agreement itself expired in 2014 when then Preliminary
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GARFIELD &HECHT, P.C.
Sheryl Bower, Director
October 19,2016
Page2 of3
Subdivision Plan expired. CI respectfully disagrees with that analysis and takes the position that
the BOCC has authority under the Agreement to amend the phasing schedule and extend the
term of the Agreement.
The Agreement provides that the site specific development plan-the document that
establishes vested property rights under state statute and the County land use code-is comprised
of the Agreement itself and the Project Plans. See t[ 3(c)(vi). The Project Plans include the PUD
Plan and the Preliminary Subdivision Plan. See Recital I. Among the specific rights granted to CI
is CI's right to commence and complete development of the Project according to the Project
phasing plan, provided, however, that "the platting schedule may be modified as [CI] deems
appropriate in its sole discretion." See I l(c)(iv). The rights identified as vested rights in the
Agreement 'oend on the tenth anniversary of the Effective Date" of the Agreement. t[ 3(d). The
foregoing language appears to conflict with the Preliminary Subdivision Plan expiration
provision set forth in Resolution No. 2}fi-84, creating an ambiguity that the BOCC should
clarify. Even if the Preliminary Subdivision Plan did expire the BOCC can nonetheless grant the
extension upon a finding of extenuating circumstances and that the extension benefits the public
interest. Land Use Development Code, $ 4-101(IX4).
Regardless of the status of the Preliminary Subdivision Plan and associated approvals, it
is clear that the PUD Plan and Development Guide ard the Agreement have not expired.
Paragraph 9 of the Agreement states:
"Notwithstanding anything to the contrary contained in this Agreement or
the Project Plans, [CI] shall have no obligation to develop all or any portion
of the Project;provided, however, that if a building permit for development
ofthe first phase ofthe Project is not issued on or before five (5) years after
the effective date of this Agreement, this Agreement shall automatically
terminate..."
The expiration of the Agreement is not tied to any aspect of the preliminary subdivision plan, and the
Agreement sets its own termination date. Moreover, the Project PUD PIan and Development Guide do
not include expiration provisions, and Resolution No. 20Il-84 does not otherwise impose an
expiration date therefor. Accordingly, the BOCC can, at minimum, extend the Agreement and the
vested rights granted thereby, as well as amend the phasing schedule set forth in the PLID Plan and
Development Guide,
Over the nearly seven yeirs it has taken CI to obtain the Project approvals, CI has invested
more than $5.5 million and coturfless hours into the Project. CI spent much of that time and money
responding to requests and recommendations fiom County staffto ensure the Project was a good fit
for the County, In addition, CI is now exploring options for incorporating neighboring properties into
the Project to enhance the benefits and viability of the Project. CI already sought to timely extend its
approvals along with other changes to the PUD PIan and Preliminary Subdivision Plan, but the
application was denied primarily for reasons unrelated to the phasing extension request. As such, the
BOCC's denying the requested extension would be unduly harsh and punitive in nature. CI
desires to develop the Project to bring much-needed housing to Garfreld County, but its ability to do
so will be significantly hindered without the requested Development Agreement amendment.
1567271_r
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GARFIELD & HECHT, P.C.
Sheryl Bower, I)irector
October 19,2016
Page 3 of3
Please contact me if you need additional information or have questions regarding CI's
request. We look forward to working with the County in this and future endeavors.
Enclosures
Attorney for Carbondale In
t567271_l
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AMENDMENT TO DEVELOPMENT AGREEMENT
RIVER EDGE COLORADO PLANNED IJNIT DEVELOPMENT
THIS AGREEMENT is made and entered into this
-
day of
-,
2016, by and
between the BOARD OF COUNTY COMMISSIONERS OF TI-IE COUNTY OF GARFIELD, a
body politic and corporate (the "Couf,ty"), and CARBONDALE INVESTMENTS, LLC, a Texas
limited liability company registered to do business in Colorado (o'Developer"). The County and
Developer may hereinafter be referred to the "Parties."
WHEREAS, Developer is the owner of certain real property in Garfield County,
Colorado, described on Exhibit A (the "Property"); and
WHEREAS, on Novemb er 21,2011, by Resolution No. 2011-84, a copy of which was
recorded as Reception No. 812357, the Board of County Commissioners for the County
("BOCC') approved Planned Unit Development zoning and a Subdivision Preliminary Plan for
the Property; and
WHEREAS, also on November 21,2011, by Resolution No. 2011-85, a copy of which
was recorded as Reception No. 812356, the County approved a site specific development plan
and a Development Agreement granted certain statutory vested rights relating to the Property;
and
f WHEREAS, Developer is in the process of working with an adjacent property owner to
I submit an amended PUD plan that may or may not include both the Property and adjacent
I property, and Developer desires to preserve its existing land use entitlements for the Property
I while working on a new application to be considered by the County.L
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The foregoing recitals are incorporated by reference herein.
2. Amendment to Preliminarv PIan Deadline, Pursuant to Resolution No. 2071-84,
the Subdivision Preliminary Plan was to be valid for three years or until the first final plat was
determined to be complete. Within such time period, the BOCC had received an application for
amendment of the Preliminary Plan that would have extended said deadline, but said application
was denied. Despite such denial, the BOCC finds and determines that Developer has been acting
with reasonable diligence to complete the development of the Property. Therefore, the deadline
for final plat submittal as set forth in Paragraph 2 of Resolution No. 2011-84 is hereby extended
for an additional five (5) years, through and including November 21,2019.
3. Amendment to PUD Phasing Schedule. The phasing schedule set forth in Table 5
of Exhibit C to the PUD Development Guide included in Resolution No. 2011-84 is similarly
extended by an additional five (5) years. The revised schedule is sct forth below. The other
details of Table 5 remain unchanged.
t56t752
Filine Schedule of Platting
I 20t9
18 20t9
2 2020
2A 2020
, 1A 202t
3 2022
4 20234A 2024
5 202s
5A 2025
6 2026
4. Extension of Vested Riehts. Pursuant to the Development Agreement approved
by and attached to Resolution No. 20ll-85, the County has previously granted statutory vested
rights for aperiod of 10 years for the "Project" as defined therein, or until December 22,2021.
However, Paragraph 9 of the Development Agreement provides that such rights shall terminate if
a building permit for development of the first phase of the Project is not issued on or before five
years after the effective date of the Development Agreement, orby December22,2016. This
deadline for issuance of the first building permit is hereby extended by five (5) years, or until
December 22,2021, and the overall vested rights period is similarly extended until December 22,
2026.
5, Phase 0 SlA. Resolution No. 20ll-84 approved the form of the River Edge
Colorado Phase 0 Improvement Agreement ("SIA"), which addressed, among other things, the
construction of and security for various public improvements for the Project. The "Completion
Date" as defined in the SIA was to be determined based on the timing of submission of an
application for a "Grading Permif' as defined in the SLA. The SIA included no particular
deadline for the Grading Permit application, and no Grading Permit application has been
submitted as of the date of this Agreement. Therefore, the Parties agree and acknowledge that
the Completion Date for purposes of the SIA has not yet been triggered or determined.
6. Notices. Section 10(f1 of the Development Agreement is hereby amended to
update the notice address for Developer as follows:
TO DEVELOPER:
Carbondale Investments, LLC
5121 Park Lane
Dallas, TX 75220
With a copy to:
David H, McConaughy, Esq.
GARFIELD & HECHT, P.C.
420 Seventh Street #100
1s6r752
Glenwood Springs, CO 81601' dmcconaughy@garheldhecht.com
7, No Other Modifications. Except only as expressly modified herein, all provisions
of Resolution Nos. 20lI-84 and 2011-85, including the Development Agreement, the PUD
Development Guide, Phasing Plan, and SIA remain in effect and are hereby ratified and affirmed
by the Parties hereto. All provisions in the Development Agreement concerning remedies and
enforcement, except only as modified above, are incorporated by reference in this Agreement.
SO AGREED as of this _ day of _,2016.
CARBONDALE II\N/ES TMENTS, LLC
By:
Ted Skokos, Manager
STATE OF COLORADO )
) ss.
)
Acknowledged, subscribed, and sworn to before me this _ day of
2016, by Ted Skokos as Manager of Carbondale Investments, LLC
WITNESS my hand and official seal.
My Commission expires:
Notary Public
COIJNTY OF
Attest:
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COLINTY
John Martin, Chairman
By:
County Clerk
1561752
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EXHIBITts
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 Plaza Building, in
Glenwood Springs, on Monday, the 18ft day of April AD 2016, there were present:
John Martin . Commissioner Chairman
Mike Samson . Commissioner
Tom lankovskv , Commissioner
Tari Williams , County Attorney
Kellv Cave , Assistant County Attomey
-Iean Alherico . Clerk of the Board
Kevin Batchelder , County Attorney, County Manager
when the following proceedings, among others were had and done, to-wit:
R.ESOLUTIoN No. Jt'/,'3 n
A RESOLUTION CONCERNED WITII DENIAL OF A REQUEST TO AMEND AN
APPROYED PRSLIMINARY PLAN AND PLA}INED UNIT DEYELOPMENT (PUD)
KNOWN AS RIVER EDGE COLORADO ON PROPERTY OWNED BY CARBONDALE
INVESTMENTS, LLC, LOCATED MID.WAY BETWEEN CARBONDALE AND
GLENWOOD SPRINGS ON T}TF WEST SIDE OT STATE HIGHWAY 82 AT CATTLE
CREEK SECTTON 7, TOWI{SHIP 7 SOUTH, RANGE 88 WEST OF THE 6rII P.M.,
GARFIELD COTJNTY
PARCEL NOs. 2393073000i2 and 239307300033
Recitals
A. An application for an amendment to an approved Preliminary Plan and PUD was
submitted by Carbondale lnvestments, LLC on property located mid-way between Glenwood
Springs and Carbondale on the west side of Highway 82 at Cattle Creek which is approximately
73.237 acres (Parcel Number 239307300032) and,85.924 acres (Parcel Nurnber 239307300033)
in size (the Property).
3
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B. The Properly is located within unincorporated Garfield County in the Planned Unit
Development (PUD) Zone District.
C. The application requests and an amendment to the existing Preliminary PIan and
PUD known as River Edge Colorado and memorialized under Resolutions 20lL-84 and 201l-85.
The application file nurnbers are PDAA-02-15-821,2 and PPAA-02-15-82L4.
D. The Board opened a public hearing on April 18, 2016, for consideration of whether
the applications should be approved, approved with conditions, or denied. At the hearing, the
public and interested persons were given the opportunity to express their opinions regarding the
applications.
E. The Board closed the public hearing on April 18, 2016, to make a final decision.
F, The Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before
the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive
and complete, that all pertinent facts, matters and issues were submitted or could
be submitted and that all interested parties were heard at that meeting.
3. That the requests for an amendment to the Preliminary Plan and PUD are
NOT in the best interest of the health, safety, convenience, order, prosperity and
welfare ofthe citizens of Garfield County for reasons including, without limitation,
issues concerned with the proposed intersection design aod location with State
Highway 82.
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RES_OLUTLqN
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that based on the determination of facts set forth above, the Preliminary PIan
and PUD AmendmentApplications, PDAA-02-15-8212 and PPAA-02-15-8214, is denied.
n*ilDatedthis A'= davof /Aa+- 2016.-_---0-
GAMIELD COUNTY BOARD OF
CARFIELD
made and seconded
WHEREOF, I have hereunto set my hand and affixed the seal of said
Springs, this _ day of A.D.20
County Clerk and ex-officio Clerk of the Board of County Commissioners
fftt*'"*.r*h
i:::,)*tlHioq
Upon motion duly
following vote:
Ave_
COMMISSIONER MIKE SAMSON . A e-
COMMISSIONER TOM JANKOVSKY . Ays_
STATE OF COLORADO
County of Garfield
Clerk and ex-oflicio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certiff that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
)
)ss
)
IN WITNESS
County, at Glenwood
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STATE OF COLORADO )
) r..
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 Plaza Building, in
Glenwood Springs on Monday, November 21,2011, there were present:
John Martin , Commissioner Chairman
Mike Samson . Commissioner
Tom Jankovskv . Commissioner
Andrew Gorgey , County Attorney
Carey Gagnon , Asst. County Attorney
Jean Alberico . Clerk ofthe Board
Ed Green (absent) , County Manager
when the following proceedings, Ermong others were had and done, to-wit:
RESOLUTION NO. 11- ?'
A RESOLUTION OF APPROVAL F'OR A SITE SPECIFIC DEVELOPMENT PLANT
ESTABLISHING A YESTED PROPERTY PURSUAI\T TO ARTICLE 68 OF TTTLE 24,
C.R.S,, AND SECTION I-202 OF THE GARFIELD COUNTY UNIFIED LAND USE
RESOLUTION OF 2008, AS AMENDED, FOR RryER EDGE COLORADO.
Tm Parcel Numbers: 2393-073-00-032 and 2393-023-30-033
Reeitals
A. The Board of County Commissioners of Garfield County, State of Colorado
("Board') is a legal and political subdivision of the Stale of Colorado for which the Board is
authorized to act.
B. Carbondale Investments, LLC is the owner of a *160-acre parcel of land located
on the west side of State Highway 82 at County Road I 10/1 13 in Sections 7 and. 16, Township 7
South, Range 88 West, and Section 12 in Township 7 South, Range 89 West, Garfield County,
Colorado (the "Property").
C. On November 2l,2Lll, the BOCC approved with conditions the River Edge
Colorado Planned Unit Development ('PUD"), the River Edge Colorado PUD Guide, and the
River Edge Colorado Subdivision Preliminary Plan for the Property. The River Edge Colorado
PUD contemplates attached and detached single-family residential uses, community service uses,
passive and active recreational uses, open space, limited sand and gravel mining uses, and
IL
limited uses for the Property. The River Edge Colorado PIJD will be developed in
multiple phases.
D. The Colomdo Vested Property Rights Statute C.RS. $$ 24-68-101 et seq. (the
'Yested Righs Statute') pmvides that a site specific developme,nt plarl the approval of which
would establish a vested property right, may be established upon an agreement enterd into by a
local government and a landowner, provided that the document constituting such site specifio
development plan be so identified at the time of its approval.
E. The Unified Land Use Resolution of 2008, as emended ('IJLUR'), and the
Vested Ri$ts Statute finther authorize the Board to enter into development agreements with
landowners providing for the vesting of property rights for greater than thrce years where
warranted in Ught of relevant circumstances, including but not limited to, the size and phasing of
development economic cycles, and market conditions.
NOW, TI{EREFORE, BE m RESOLVED by the Board of County Commissioners of
Garfield C-ounty, State of Colorado, as follows:
1. In accordance with the Vested Rights Statute, the Board hereby approves the
Development Agreement River Edge Colorado Planned Unit Development, attaihed hereto and
iacorporated herein as Exhibit A, and de.signates such agreement as the site specific development
plan for the River Edge Colorado project, and provides the owner of the River Edge Colorado
property with a vested property rigftt to the extent provided in the agreement
2. fn accordaace with the ULUR and Vested Rights Statute, for the treasons set forth
herein and in the Development Agreement River Edge Colorado Development Agreement, the
Board finds that a vesting period of ten years is warranted.
DATED,hi,JJ|.20 r[
ARD OF COMMISSIONERS OF
STATE OF COLORADOATTEST:
to the Board
Upon motion duly made and seconded the foregoing
TomJaokovskv dv?tlav
Mik" S""--o, 1ifiN{JolmMartin ^lveffi)C".-L.io""* - \-/
i ssAt :
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the following
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STATEOFCOLORADO )
) ss.
COT'NTYOFGARFIELD )
I, Jean Alberico, County Clerk and ex+fficio Clerk of the Board of Curnty Comrissioners in and for tre County
and State aforesaid do hereby certiry thd the annexed and foregoing Resolutiou is truly copied from the Records ofthe
Prooeedings ofthe Board of County Commissioners for said Garfield County, now in my offioe.
IN WITNESS WHEREOF, I have hereunto set my hand aad alExed the seal of said Cotmt|, at Glenwood
Springs, this _ day of , A.D- 20_.
County Clerk and ex+fficio Clerk of
the Boud of Count5r Commissioners
d{$;ilfl,ydiH',H:H"Hlf**{trnlFilEm'tr*r
EXHIBITA
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12t22t2o11 l'l:26:48 All Jean Alb.rloo
6 of 15 Rec Fee:$0.00 Doo Fee:0.00 GARFIEL0 COUNTY C0
DEVELOPMENT AGREEMENT
RTYER EDGE COLORADO PLAIINED UNIT DEYELOPMENT
TIIIS AGREEMENT, is ma,ile and entered into between the BOARD OF COLiNTY
COMMISSIONERS OF THE COUNTY OF GAITFIELD, a body politic and corporate (the
"Count5r"), and CARBONDALE INVESTMENTS, LLC, a Texas limited liability company
registered to do business in Colorado ("Dweloper"). The County and Developer may
hereinafter be referred to collectively as the "Parties."
WITNESSETH:
A. Developer is the owner of eertain real property located in Garfield County,
Colorado, more particularly described in Exhibit I (the "Propert5r").
B. By Resolution No. I I, dated t l,20lt, and recorded at Reception
No. I I in the real property records of the County, the Garfield County Board of
Cormty Commissioners (the "Board") approved the River Edge Colorado Planned Unit
Developmeni Plan and the River Edge Colorado Planned Unit Development Guide (collectively,
the "REC PIID'). The REC PUD contemplates attached and detached single-family residential
uses, cofitmunity service uses, passive and active recreational uses, open space, limited sand and
gravel mining uses, and limited agricultural us-es (the "Project").
L6\\ _y*
C. By Resolution No. I l, dated [ -l ,20ll, and recorded at Reception
No. I .l in the real property_recod$efthe County. thp, Board approved the River
Edge Colorado Preliminary Plan She "REC P..!!-io4ly fbg
D. By Resolution No. I l, dated l' I ,201I, and recorded at Reception
No. I I in the real property records of the County, the Board approved that certain
Phase 0 Improvement Agreement (the "Phase 0 Agreement"). Pursuant to the Phase 0
Agreement and other agreements to be entered into by Developer and third party service
providers, govemmental or quasi-govemmental entities, Developer will expend significant time
and resources preparing the Property for development of the Project, by commencing, among
other things, basic site grading, the replacement of soils previously removed from the Property,
the revegetation of planned open space areas, the implementation of landscape buffers, the
removal and elimination of noxious weeds, the institution of water quality control measures, the
construction of a grade-separated recreational trail at the intersection of the Project's entryway
and the Roanng Fork Transit Authority recreational trail located along the eastern boundary of
the Property, and the relocation of the Glenwood Ditch (collectively, the "Phase 0 Activities").
The Parties acknowledge that the Phase 0 Activities may occur in advance and independently of
the Project.
E. Article VtrI of ths Garfield County Unified Land Use Resolution of 2008 (the
"LUR') sets forth requirements for affordable housing for certain residential developments
located within the County (the "Affordable Housing Regulations").
F. Developer will provide deed-reshicted affordable for-sale housing on the Property
as part of the hoject in accordance with the requirements of the Affordable Housing Regulations
and the plan set forth in the REC PUD. Developer also acknowledges that an affordable housing
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agreement (the "Affordable Housing Agreement') will be required by the Bomd at the time the
first final plat for the Project is approved by the Board.
G. The Project will be developed in multiple phases, wherein each phase will require
final plat approval. Developer inrends to submit its application for the first final plat in
approximately 2014 or 2015, and to submit alrplications for subsequent final plats as shown on
the estimated phasing and consbuction schedule included as Table 5 in the River Edge Colorado
Planned Unit Development Plan and Appendix C of the RiverEdge Colorado Planned Unit
Development Guide (the "Phasing Plan").
H. The Vested Property Rights Statute C.R.S. $$ 24-68-10L et seq. (the "Statute")
provides that a site specific development plan (a "Site Specific Ilevelopment Plan" or "SSDP"),
the approval of which would establish a vested property right, may be established upon an
agreement entered into by a local govemment and a landowner, provided that the documetrt
con*ituting such SSDP be so identified at the time of its approval. In accordance with the
Vested Rights Statute, the County and Developer intend forthis Agreementto constitute a SSDP
and for Developer to have a vested property right to the extent provided in this Agreemenl The
LLJR and Stahrte fiuther authorize the County to enter into developmeut agreements with
landowners providing for vesting of property development for greater than three (3) years where
waranted in light of relevant circumstances, including but not limited to, the size and phasing of
developmenf economic cycles, and market conditions.
, . L Developmeft of the Properly in accordance with this Agreemen! the REC PUD,
tnelng:C-prcliminary ptanJand such funue final plats that are approved for the various phases of
the Project (collectivelffie "Project Plans") will provide for orderly, well planned growth in
accordance with the policies aud goals stated in the Garfield County Comprehensive Plan 2030,
provide significanttrails and open space, promote diversity and affordability of housing stoclq
ir"ure reasonable certainty and stability in the land use planning proc,ess, and otherwise achieve
the goals and purposes of the Statute and LUR.
J. Development of the Property also will require substantial inveshents in
infrastructure improvements and public facilities, both on the Property and outside the Property,
including significant improvementsto the intersection of State Highway 82 and County Road
113, which will serve the needs of the Property and the County. Such investrnents can be
supported only with assurmces that development ofthe Property can proceed to ultimate
completion as provided in the Project Plans and this Agreemcnt.
K In exchange for the foregoing benefits and other benefits to the County
contemplated by this Agreemen! together with the public benefits served by orderly and well
planned development of the Property, Developer desires to receive the assurance ttrat it may
proceed with development ofthe Properly pursuant to the terns and conditions contained in this
Agreement. The County has determined that, in light of the importance of the development of
the Project and the unpredictability of economic cycles and market conditions over the life of the
development of the Projecq it is appropriate to provide zuchassurances to Developerthrough
this Agreement.
L. The mutual promises, covenants, and obligations contained in this Agreement are
authorized by the statutes of the State of Colorado and the laws of the County.
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NOW TIrn'.REX'ORE, in consideration of the promises cited above and the muhral covenants
and promises contained hereirg the sufficiency of which arc acknowledged, the County and
Developer agree as follows:
1. fncorporation of Recitals. The Parties agree that the aforesaid recitals are true and
conect, and those recitals are hereby incorporated into the body of this Agreement.
2. General Provisions.
(a) Scope. The terms aud conditions of this Agreement shall apply to the Property-
(b) Phosing. Construction of the Project is anticipatedto ogcur in-up to eleven (11)
phases.
'The
Phasing Plan sets forth the phases of the Project by identifying eleven (11)
subdivision filings (Lch a "Filing"). Developer currently contemplates that the Filings will be
submitted, and construction will corlmence, inthe order set forth onthe Phasing Plan; provide4
however, that Developer cunently contemplates that Filing I and Filing 1B wil be processed
concurrently, Filing 2 and Filing iA *m bl processed congurrentlY, and Eling 5 and Filing 54
will be process"d ir"urrently [each a "Concurrent Filing"). The Filing sequence set forth in
the phasing Plan, and explained-in this Section 2.b,may be altered upon County approval and
provided that each Filing meets all of the following requirements:
(i) The infrastructure required to support such Filing shall have been
constructed in advance of the Filing or as part of the Filing;
(ii) The pbrcentage of total area of Community Spaces,-as such term is defined
in the River Edge Colorado planned. Unit Development Guide, that is finally ql?M at the time
of submittal of such Filing shall equal or exceed twenty-five percent Q5%) of the total area of
the Projectthat is finally platted at the time of recordation of such Filing;
(iii) The total number of deed-restricted affordable residential lots within the
hoject that are finally platted at the time of recordation of such Filing shall equal or exceed
fifteen percent lrsqjoittre total number of residential lots, including deed-restricted affordable
residen:tial lots, that are finally platted at the time of recordation of such Filing; and
(1v) Approval of the Filing is consistent with a logical and orderly manner of
development, ,poo co*iieration of the funitional relationship and contiguity of the proposed
Filing *ith upp*rr"d preceding Filings and with existing development.
(c) The Parties acknowledge and agree that any request by Developer to alter the
sequence of Filings set forth in the Phasing Plan shall be treated as a non-substantial
*odifi*tion to tI; REC PUD. Notwithstanding the foregoing, the Parties acknowledge that the
Phase 0 Activities may occur in advance and independently of the Project'
3. Vesting of Cefiain Property Rights. The County and Developer hereby agree that
Developer shall have a vested Foperfy right to the extent provided in this Agreement to
undertake and complete development and use of the Property'
(a) Intent of Vesting System. The vesting system set forth in this Section 3 balances
the Couniy's obligatiorito protect the public health, safety and welfare of the community and its
'i{#:l##.H,H"ffiH;:Y*:T' "'
desire to facilitate the highest quality development with Developer's private property rights and
Developer,s need to rely on Counry approvals to achieve an economically viable project.
(b) Overvicw of Yesting SYstem-
(i) Nature of Yested Rgftts. During the term of vested rights set forth in
Section 3(d) beiow, Developer shall have the right to develop uses at such densities and in the
general locations on the Properfy described in the approved Project Plans, as such plans may be
amended from time to time upon County approval. Upon County approval of any future final
plats for the various phases olth" Project, such plats shall automatically be entitled to the same
vested rights as have been granted heiein for the period of vesting which remains under this
Agreement.
(c) Rights Thot Are Vested The riglrts identified herein or as may hereafter be
u"qui.6jtV op"Jioo of any state or local vested property rights law shall constitute vested
property Alnts under this Agreement and shall not be taken by the County without just
compensafion. These rights include the following:
(D No Downzoning. Themaximum number of residential dwelling units and
acres for residential use, and the total g.ott u.r"t for non-residential uses, as set forlh in the
Project Plans, as such plans may be amended from time to time upon County approval, are
hereby vested.
(ii) Ilses, Densities and Locations. The right to develop the Property in
accordance wi6 ihe uses, dinsities, and general locations set forth in the Project Plans, as such
plans may be amended from time to time upon County approval, is hereby vested'
(iii) Site Developmcnt Standards. The right to develop the Property in
accordance with the design standards, development standards, and terms and conditions set forth
in the Project Plans and the resolutions of the Board approving the same, as such may be
amended from time to time upon County approval, is hereby vested.
(tv) Timing olDevelopmcnL ilhe right to cortmence and complete
development "itn" Property in accordance with the filing sequence and platting schedule set
forth inthe Phasing Plan, subject to the Affordable Housing Agreement and_final plat approval
by the County; pto"iA"a, nooi"u"., that the filing sequence may be modified upon approval of
the County in accordance with Section 2(b) above and the platting schedule may be modified as
Developei deems appropriate in its sole discretion. This provision of this Agreement supersedes
any Coirrrty rules oi regulations that require development to be commenced or completed in any
specific time frame.
(v) Subsequcnt Approvals. The right to receive atl County approvals
necessary for development oithe Project provided that subsequent final plat submittals or
applications for othei approvals comply withthis Agreement and the Project Plans, as the same
may be amended nom iime to time upon County approval, and all applicable staqdards and
,rglrlrtio*, including then-current duly-adopted, generally applicable regulationS'
(vi) Site Specifrc Development Plan. This Agreement and the Project Plans,
including any future final ptats tt ut *" approved by the County for the various phases of the
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project, as such plans and plats may be amended from time to time, shall be considered a SSDP
foritre purposes of the Staiute and
-sections
1-201 and l-202 of the LUR- The following
statement is provided to satisfu the requirements of the Statute and Sections l-202(B) Md 4'
502(I{X2) of the LUR:
Approval of this ptan shall creatc a vested propefi right
pinuantto article 6E of tittc 24, C-R$., as amended
(d) Term of Vesfed Rights. In recognition of the size of the Project contemplated by
this AgrLement and the Project P[ns, the time required to complete the Project, the need to
pro*"-d in phases, ana va.ying economic cycles and market conditions likely to occur during the
.o**. of divelopment of the Froject, the iounty agrees that the rights identified as vested rights
in this Section 3 shall commence on the Effective Date (as defined in Subsection 3(e) below),
and shall end on the tenth anniversary of the Effective Date (the "Term"), unless extended by
mutual agreement of the Parties. After the expiration of Term, this Agreement shall be deemed
terminated and of no further force or effect piovided, however, that such terrrination shall not
affect (i) a"y common law vested rights obtained prior to such terrnination, or (ii) any right,
vested, or otherwise, arising from County permits, approvals or other entitlements for the
property or the Project that were granted or approved prior to, concurrently with, or subsequent
to the approval of this Agreement.
(e) Adoption, Notice and Effective Date. The County has adopted this Agreement as
a legislative act subject io referendum, as required by C.R.S. $ 24-63-104(2). As set forth in and
,.q;ir"a by C.R.S. $ za-Of-rOf(c), within fourteen (14) days from the date hereof, the County
shall cause to be pu6lished in a newspapff of general circulation within the County, a notice
advising the geneial public of the approval of this Agreement and Ppject Plans as a SSDP and
the creation of vestd property rightJpursuant to this Agreement and the Statute. The "Effective
Date" of the County's apiroval of tnir Agreement shall be the date of said publication.
4. No Impabment of Vested Righb. Except as otherwise provided by q: Satute, after the
Effective DatJ, the County shall not take any zoning or land use action regarding the Propefty or
the project which would have the effect of altering, impairing, preventing, dimi{_snin8, imposing
a moratorium on development, delaying or otherwise adversely affecting any of the vested rights
set forth in this Agreement.
5. Applicability of Other Regulations. Except as otherwise provided by this Agreement
the establishment oi"!rt"A rightJunder this Agreement shall not preclude the application of
uniform and non-discriminatJry County ordinances and regulations of general applicability
(including by way of example, building, fire, plumbing, electrical and mechanical codes) or the
applicatio-n of rtut" or fedeial regulations, as all of such regulations exist on the Effective Date or
11uy U. enacted or amended aftei the Effective Date; provided, however, that such newly enacted
or amended County regulations shall not, in their application to the Property or the Project, have
the effect of altering, impairing, preventing, diminishing, imposing a moratorium on
developmen! or Aeiayifi o. oth"r*ir" adversely effecting the vested rights set forth in this
Agreement.
-Further,
Developer does not waive its rights to oppose the enactment or amendment
oi*y such regulations, or to challenge the validity of such regulations through proper legal
means.
lll llu* ItIt ltltr r H lh lllt ltrt I h{. I t I'iEt{l I rH hl I lll',t ll 1l IReception$: 812355
121?212O11 11:26:48 FF, J6an nlbcnicol0 of 16 Reo Fce:g0.@ Doo Fee:0-06 GARFIELD COUNTY CO
6. Alfordablc Housing. Developer shall prowide deed-restricted affordable housing in
accordance withthe Atro.a"uUt" Housing Regiations and the plan set forth in th3 REC PUD'
The parties agree that Developer's "o*/ti*L with the foregoing shall be 1" fu! satisfaction of
any and all Rffordable Housing Regulations, including requirements for affordable housing that
the county may adopt or amend subsequent to the Effective Date.
7. Fees in Lieu of Dedicatians olschoot Land- Owner shall dedicate land or make a cash
deposit in lieu of dediia-ting land to tde Roaring Fork School District RE-l (the "school
District"), in accordanc" *ith the LUR and the requirements of state law'
8. Improvemenls. At the time of final plat approval for each phase of the Project, the
parties shall enter into a subdivision improvlment agreement ("SIA'Xhat specifies the public
and private improvements required to support and serve such phase of the Projecl and
establishes the terms, security mechanism, and schedule upon which Developer shall be
obligated to design, "onstro"t,
and install the same. Notwithstanding the foregoing, to the extent
;;;;Gr r..tr?*A pht approval for one (1) or more phases of the Project concurrently, only
one tfisn *r.rin! a[ such phases shall be required to be-submitted therewith'
Notwithstanding th""for"goinj, the Phase 0 Activities shall be govenred solely by the Phase 0
Agreement.
g. No Obligation to Develop. Notwithstanding anything to the contrarycontained in this
Agreement andine Project Plani, Developer shall ha19-1o obligation to develop all or any
pitio, of the project; provided, howevei, that if a building perrnit for development of the first
'pn*" of the project is not issued on or before frve (5) years after the Effective Date of this
Agreement, this Agreement shall automatically terminate.without the necessity of any notice,
agreement, or r""oidiog by or between the panties. Notwithstanding the foregoing' such
termination shall not uf".t (i) any.o*ori law vested rights obtained prior to such termination"
or (ir) any right, vested, or otirerwise, arising from County permits' approva! or other
entitlements for the Property or the Project ihut *"r. granted or approved prior to, concurrently
with, or rubrrqr"r,tio ti. upp.oral of this Agreement Further, notwithstanding the foregoing,
in the event a buiiling p"*ii for developmeit of the fust phase of the Project is not issued prior
to the end of such frrl-y"* period, the iounty and Developer may agree in writing that this
Agreement shall nevertLelesi remain in place for the remainder of the Term'
10. Miscellaneous
(a) Costs. Each party shall bear its own costs related to the preparation of this
Agreement.
(b) Mulual Cooperatioz. The County and Developer shall mutually cooperate and
performall acts necessary or appropriate to discharge all obligations contained in or
conternplated bY this Agreement'
(c) severability. If any provisions or parts of this Agreement are judged
orrerrorceable or invalid, io the exent practicablq suchjudgment shal.l not affect, impair, or
invalidate ttre remuining parts of this Agreement, the iniention being that the various parts and
provisions hereof are severable.
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(c) IntegrutedAgreement andAmendnteza. ThisAgreernentandtheexhibits
attached to it or inirpo.at"J by referenco constitute the entire, int€gnted agreem€Nrt of the
Cormty and Developer with respect to the rnatters addressed herein. This Agreement may be
a$ended only by the mgual ugr""ment of the County and Developer in wri-ting. Any
amendment rtat U" approvea-and executed with the same formalities as this Agreement has
been approved and executed.
(d) Recording of Agreemenl 'fhisAgreement shall be recorded with the Garfield
CountyCterk and Recorierat Leveloper's expense and shall be a covenant running with and
ugui;t a11 the property, property dghts, and improvements contained within the Property
aL**"a in pxlitit f . io orA". to put prospective owners, purchasers, succ€ssors, assigns, and
others u"q.ririog u"V-at"rest in mJndp"rty on notice as to the terms and obligtions herein'
(e) Binding Effecl Unless otherwise provided herein, this Agreement shall be
binding upon Develop-er'iheirs, successors, assigns, transfereds, and any other person or entity
apquiring or purchasing any.interest in any of &e Property'
(0 Notice. Any notices, demands or other commrmications required or perrrifted to
be given in writing heretmder shalt be delivered personally, deliveted by ovemighr cor:rier
service, or sent by"certified mail, postage prepaid, refirn receipt requested, addressed to the
parties at the addresses set forth bilow,oiatiuch other address as either party may hereafter or
from time to time designate by written notice to the other parly given in acgordance herewith'
Notice shall be considJred g"* at the time it is personally delivered, the day delivery is
attemptedbgtrefused, the Jay followingbeing placedwith anyreputable ovemight courier
service for next day deliv.ery, or, if maild onthe third day after such maihng'
TO DEVELOPER:
Carboadale Invesbnents, LLC
5121 Park Lane
Dallas, Texas 75224
and
Carbondale Invesfi nents, LLC
Atbn: Rockwood ShePard
7999 Highway 82
Carbondale,CO 81623
Phone: 970.945.2111
Fax: 970.945.2113
Wiihacopyto:
Brownstein Hyatt Farber Scbreck
Ath: Wayne F. Forman, Esq.
410 Seventeenth Street, Suite 2200
Denver, Colorado 80203
Phone: 303.223.1120
Fu<:303.223.0997
lll lF* llltF4 rlf, ll tltEl*' lllt' t Wf [*r]th+ f h[,lll { ll I I IRaceotion#l 812358
12t2i/,2011 11:26:48 Eil Jr.n elberioo'12 of 16 Rec Fae:$O.OO Doo Fee:9.00 GARFIELD COUNTY cO
TO TFIE COUNTY:
.1
Garfield County Board of County Commissioners
Attn: Building and Planning Director
108 Eighth Street, Suite 401
Glenwood SPrings, Colorado 81601
Phone: 970.945-8212
Far: 970.384.3470
(g) Applicable.f,op. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado'
(h) Venue and Jurisdiction Venue and jurisdiction for any cause arising out of or
related to this Agreement shall lie with the Dishict Court of Garfield County, Colorado'
(h) Coanterparts. This Agreement may be executed in counterparts, each of which
will constitute one and the saule instrument'
[Si gnatur e pa ge s follow - J
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Raeotlon$: 812i55
l?r?'tr8ilJt;g n" nr $i.3lBi#E*.,", cotNry co
IN WITNESS WHEREOF, aod agreeing to be fu{y bound by the lerms of this
Agreemen! the Parties have set their hands below on this l9E day of DecrrnLr"r'
DEYELOPER:
CARBONDALE INVESTMENTS, LLC,
2011.
COI]NTY:
ATTEST:
Bv.]*.la!
Clerk ofthe
9
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,r,Rnlry4
Name:
ff:e*.tP*
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E)C{IBIT 1
DEVELOPERS PROPERTY
parcel A (South parcel):A tract of tand situated in the east half of Section l2,-foysUin 7 Souih
n*g" gg W"st, auil in the west half of Section 7 and in the north half of Section 18, Township 7
South, Range m weJof ,t" O* Principal Meridia4 County of Garfield, State of Colorado, being
-or" purticirt*ty described as follows: Beginning at a porlt on the westerly right of way line of
Colorado State fngnway 82, ulhence a2 t-D' Brass Cap, found in ptace qq PTTIy marked as
the southeast @rner ofiaia Section 7; bears S 78"49'20" E a distance of 2150.14 fee/';; &enoe,
along said right of way line s 09"35',09- E 1 disAnce of 401.79 fee! thence,- s 09"35',09" E a
disance of 1545.87 f#; then"" ,626.05 feet along the arc of a curve to the left having a radirs of
1482.50 feet, a ootJ *gl" oiZ4"t1'44- and tuUteoA;og a chord bearing of S 21"41'02" E a
distance of 621-4t feeg ttence; s 33"46',5 4" E a {istance of 387 -28 feet thence, 294'32 feet
along the mc of a "u*" to the righq having a radiru of_2815.00 feet, a central angle of 5"59',26"
and subtending a chord bearing of S 30"i7'11' E a distance of 294.19 feet; thence, departing
."iO .ignt of iayline N 89"5r'16' W a distance of 218.07 feeq the,nce, N 40"23'30" W a
distance of 69.38 feeg thence, S 8728'29" W a distance of 36.35 feet; thence, S 83"52'17'W a
distance of 10.30 feet; thence,l.t 582'l'lg' W a distance of 41.45 feeB thence, N 29o51'31" W a
dffi;; of t:Stf""q th"o"", N 24"16'24' W adistance of 25.22 feet; tlrcnce, N 69"00'53"'W a
distance of 9.871oq th*c.e, S 87"31'44"'W a distance of 22.60 feet; thenc'e, N-5725'01"'W a
distmce of 17.2gt .C thrd, N 50"09'49'W adistance of26.07 feet; thencg N 46"21'12"'W a
distance of 9.99 feet; thence, N 4498'05" W a distance of 21.45 feet; thence, N 55o50'08" W a
distance of 49.05 fj; tnence, N 56o25'40" W a distance of 49.94 feet; thence, N 68o12'23" 'W a
distance of 36-45 fot, fit"o"", N 46"54'04" W a distance of 55.18 fee! thence, N 68o49'21" W a
aiit-.r of Z5.l4feeti tlence, N 47"41'50" 'W'a distance of 78.78 feet; thence, N 30"26'40"'W a
fistance of 24.58 feeq thence, N ZS'47'01" W a distance of 30.08 feet; thence, N lSoll'39" W a
distance of 34.61feeti thence, N 10"58',21" W a distance of 29-32 feeq thence, N 21"59'14" W a
distance of2T.Soreecttrence,N 30"t0,0,1-w adistarrce of22.97 feet;thence,N25"41,38,'Wa
distance of I69.Mdqtn"o"",N41"17'39"Eadistanceof 82.61 feet;thence,N38"34'52"Ea
distance of 15.89 feet; thenc.e, i.I 34"26'44" W a distance of 262.40 feet; thence, N 57'58'09" W
Jrr*", of 102.47 feeq thence, N 53"43'31" W a distance of 105.38 feet; thence, N 55"58'11'
w a distance of 726.1i feet; thence, N 56"14',57- W a distance of 118-42 feeq thence' N
4g.,16,Oq, W a distance of tf 6.ag feet; thence, N 44e30'51" W a distance of 150.05 fee! thence,
N 32"49,55,''W a distirnce of 102.14 feet; thencg N 37o44'19'.W a distance of 552'12 feet:
thence, N 18o10'0?'W a distance of 47-26 feet; thence, N 27o58'19" W a distance of 109'20
feet; thence, N 35o01'3C' W a distance of 71.09 feet; thence' NI 41"32'47- W a distance of
L5l.23fee! thence ,N 40"22'24" W a distance of 339.82 feet; thence, N 64"20'530'W a distance
of 34.06 feeq thence, N 45"00'36'W a distance of 52.42feet; thence, N 44"53'410'W a distance
of 154.66 t""q th";", N 32o35'48' w a distance of 86.59 feet; thence, N 57"01'32" W a
distance of 44.gg fee! thence; N 30o33'12" 'w a distance of 85.72 fee! thence, N 37o39',02" 'w a
distance of 79.09feet; thence, N 37"32'30" W a distance of 63.?2 feet; thence, N 20o02'15" W a
distance of 33.98 g".t, tU"""e, N 39o52'25" W a distanc e of 42.02 feet; thence, N 25"36'04" W a
distance of 107.17 reeq then;, N 30"34',08" W a distance of 164.72 fee! thence, N 11"39',01"
W a distance of 107.90 feet; thence, N 24"56'06' E a distance of 163.60 fee[ thence, N
63o39,33. E a distance of tZZ.tt feet; thence, N 83"14'43" E a distance of 393.54 feet; thence,
N 07o15,26- W a distance of 21.79 feet; thence, N 80o51'11" E a distance of 50.00 feet thence,
ii igril,06,' E u di"t oce of 65.56 feet; thence, N 57"50'0 4' E adistance of 50.12 feeE the'nce, S
t0
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Receotlon$: 81235612t21t2011 tt:25r48 All Jean Alberiaois'ot'ie ne6'rEi,so.oo Doc F8:O.00 GnRFIELD GOUNTY C0
g4o51,15,,E a distance of 33.08 feet; thence, S 81o39'50" E a distance of 89.61 feet; thence' N
i6"02,00. E a distance of 26.86 feet; thence, N 07o38'31" E a distance of 27-93 feet; thence, N
37o41,57- W a distance of 28.06 feet thence, N 50o00'15" E a distance of 22.23 feet; thence, N
gZo02,3O- E a distance of 36.49 feet; thence, S 63'3+'18" E a distance of 54.05 feet; thence, S
45o59,5g, E a distance of 20.95 feet; thence , S 14"44'20" E a distance of 29.78 feet; thence, S
11o11,17,, W adistance of 26.42feet; thence, S 14"58'41" E adistance of 30.14 feet; thence, S
43o42,10- E a distance of 69.77 feet thence, S 3t"36'59" E a distance of 56-76 feet; thence, S
49o3g,46,, E a disthnce of 40.12 feet; thence, S 45"30'55" E a distance of 40.88 feet; thence, S
60016,3g. E a distance of 43,39 feet; thence,, s 73"16',24', E a distance of 67.60 feet; thence, s
53o05,15, E a distance of 15.86 feeu thence, S 63"32'30" E a distance of 52.31 feet; thence, S
gSoZB,Zl- E a distance of 46.95 feet; thence, N 86"20'27" E a distance of 61.04 feet; thence, N
31o59,09. E a distance of 47.07 feet; thence, N 06"St'38" E a distance of 32-16 feet; thense, N
7ZoOg,O7. E a distance of 7.98 feet; thence, S 2+"S1'03" E a distance of 72.35 feet; thence, S
41o52,47.Eadistanceof50.71 feet;thence,S54o44'21"Eadistanceof38.31 feet;thence,S
83o39,39" E a distance of 87.15 feet; thence, S 57o17'12- E a distance of 77.06 feet; thence, S
41o51,16,, E a distrance of 88.65 feet; thence, S 57":9'13" E a distance of 65.60 feet; thence, S
49o55,38,, E a distanc e of 74.96 feet; thence, S 61o04'52" E a distance of 43.44 feet; thence, S
71o46,03- E a distance of 55.45 feet to the point of beginning, containing an area of 85'924
acres, more or less.
Together with parcel B (North Parcel):A tract of land^situated in the east half of Section 12,
Toinship 7 South, Range 89 Wes! and in the west half of Section 7, Township 7 South, Range
gg West of the OtU nio.ipal Meridian, County of Garfield, State of Colorado, being more
particularly described as foilows: Beginning Garfield loufU Surveyor's 2 llz"-Brass' found in
place, and correctly marked as the sortt"ust comer of said Section 7, thence S 49o22' 15" E a
distance of 547g.i4 feet to the true point of beginning; thence, s 89'43',30" E a distance of
1005.44 feet to u foirrt on the westerly line of the Roaring Fork Transit Authority Transportation
Corridor nasement; thence, along the westerly line of said Easement S 19o38'52" E a distance of
2644.53 feet; thence,494.34 feeiatong the arc of a curve to the right, having a radius of 2815'00
fee! a cental *gi" LfiOliIS'4z- and-subtending a chordbearing of S 14o37'01" E a distance of
4g3.70 feet; thence, S 09o35'09" E adistance oi tZO.Zg feet; thence, departing the westerly line
of said Easement I..i 65"36,14' W a distance of 60.45 feet; thence, N 49o54'10" W a distance of
64.72 f*t;thence, N 49'54'10"'W adistance of 86.97 feet; ttrence, N 48"11'10" W a distance of
54.30 feet; ttren"q N 56"47'27"'W a distance of 123.97 feet; thence, N 83o47'24" W a distance
of 93.00 ieet; thence, N 29"35',31" W a distance of 119.58 feet; thence, N 78o00'4i:1 Y "
distance of 33.g4 feet; thence,S7g"4l'48" W a distance of 37.80 feet; thence,S22o57'52" W a
distance of 56.05 f."q tt.n ", S 59'3 t'57" W a distance of 45.48 feet; thence, N 82"32'35" W a
distance of 28.23 feet; thence, N S9'OZ'03" W a distance of 95.71 feet; thence, N 71o20'44" W a
distance of g5.73 feet; thence, N :6"43't0" W a distance of 93.22 feet; thence, N 25o39'22" W a
distance of 181.92 feet; thence, N 65o10'24" W a distance of 98.43 feet; thence, S 85"02'33" W
a distance of 52.20 feei; thence, S 56o33'52"'W adistance of 39.34 feet; thence, S 20o49'33" W
a distance of 42.96feet; thence S 37o27'43" E a distanc e of 2L 60 feet; thence, N 77"02'57" 'W a
distanceof89.66feeqihence,S70"24'18'Wadistanceof70.95feet;thence,N88"59'39"Wa
distance of 55.55 feet thence, S 84o28'58"'W a distance of 49.93 feet;thence,N 14"22'48" E a
distance of 68.20 i..t; th"o.., N OS"t 1'46' W a distance of 77.59 feet; thence, N 18o20'05" E a
distance of 10.82 feeu thence, N 22o53'40" E a distanre of 44.14 feet; thence, N 10o34'58" E a
distance of 35.11 feet; thence, N 08o59'51" E a distance of 47.t6 feet; thence, N 03"48'08" E a
distance of 36.48 feeti thence, N 04"40'5 2" E adistance of 7t '03 feet; thence, N 07o37'51" E a
1l
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distance of 54.66f""t th"oc", N 29?8'14- W a distance of 63.68 feet; thence, N 32o00'44" 'W'a
dismnce of 61.05 feet; thence,N 26"17'29" W a distance of 55.52 feet; thence, N 38o14'36" W a
distance of 44-36 fee! thence, N 53"11'32- W a distance af 37.73 feet; thence, N 59"54'48" W a
distance of 54.16 fee! thence, N 87o51'35'W adistance of 36.97 feet; thence, N 57"33'47'W a
distance of 65.70 feef thence, N 81"56'22- W adistance of 85.02 feet; thence, N 04"11'29" W a
distance of 158.65 feet; thence, N 35"50'41" W a distanpe of 41.30 feet; thence, N 54o46'03'? W
a distance of 24.70 feet; thence, N 28o5 I '45" W a distance of 209.99 feet; thence, N I I "58'37"
W a distance of 33.82 feet; thence, N 41"03'46" E a distance of 78.19 feet thence, N 06o29'01"
W a distance of 1L7.20 feeq thence, N 20"05'27" W a distance of 94.24 feet; thence, N
11"32'O3n W a distmce of 63.83 feet; thence, N 07"57'46" W a distance of 141.45 feet; thence,
N 09"56'14- E a distance of 50.76 feet; thencg N 19"17'44" W a distance of 91.04 feeq,thrcnce,
N 44"41'59" W a distance of 134.55 feet; thence, N 19"23'49- W a distance of 74.18 feet;
thence,N 19"33'06'Wadistance of 43.27 feet;thence,N21o30'0l"Wadistance of72.23feot;
thenc,e, N 00o16'30" E a distance of 217.77 feet; thence, N 00o16'30" E a distance of 312.94 feet .
to the point of beginniT, sonlaining anarcaof 73.003 acres, more or less.
Together with Parcel C: A tract of land situated in the southwest quarter of Section 7, Township
7 South Range 88 West of the Sixth Principal Meridian, County of Garfield, Stat€ of Colorado,
being more particularly described as follows: Beginning at a point on the westerly right of way
line of Colorado State Highway 82, whence a 2 ll2" BrasS Cap, found in place and properly
marked as the southeast corler of said Section 7, bears S 78"01'43" E a distance of 2054.18 feet;
thence, along said westerly right of way line N 09o35'10" W a distance of 188.14 thence, 282.60
feet along the arc of a curve to the left having a radius of 2915.00 feet a central angle of
5"33'\7" and subtending a chord bearing of N 12"21'49' W a distance af 282.49 feet; thencg
departing said right of way line S 90o00'00" E a distance of 49.74 feet; thence, S 06"01'00" E a
distance of 202.70 feet; thence, S 04"34'58" E a distance of 260.70 feet to the point of
beginning, containing an area of 0,234 acres, more or less.
t2
EXHIBIT
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STATE OF COLORADO
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 Plaza Building, in
Glenwood Springs on Monday, November 21,2011, there were presert:
John Martin , Commissioner Chairrran
Mike Samson . Commissioner
Tom Jankovskv . Commissioner
Andrew Gorsev , County Attomey
Calev Gasnon , Asst. County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent), County Manager
when the following proceedings, among others were had and done, to-wit:
REsoLUrroN No. 2oll- ?4
A RESOLUTION OF'APPROVAL FOR A PLANN"ED Un{IT DEYELOPMENT
(PUD) ATID SUBDIVISION PRELIMINARY PLAN FOR RIVER EDGE
COLORADO. THIS DEVELOPMENT CONSISTS Of,'366 DWELLING I]MTS
AI\D RELATED USESIFACILTTIES ON A 16O.ACRE PARCEL LOCATED ON
Trm wEsT srDE oF sH 82 AT CATTLE CREEK IN SECTIONS 7 AND 16,
TOWNSHIP 7 SOUTTI, RANGE 88 WEST, AND SECTION 12 IN TOWNSHIP 7
souTH, RANGE 89 WEST, GARFIELD COUNTY, COLORADO
Tox Parcel Numbers: 2393-073-00-032 and 2393-073-30-033
Recitals
The Board of County Commissioners of Garfield County, Colorado,
received a Planned Unit Development (PUD) Application and Subdivision Preliminary
Plan Application from Carbondale Invesbnents,LLC to (1) rezone a +160-acre property
from Residential Suburban to PUD, as illustrated on the PUD Site Plan and PUD Guide,
attached as Exhibits A and B to this Resolution; and (2) to suMivide the property into
366 residential lots, as illushated on the Subdivision Preliminary Plan attached as Exhibit
C to this Resolution;
B. The subject property is generally located approximat ely 3%miles south of
the City of Glenwood Springs on the west side of SH 82 between the Roaring Fork River
aud the Roaring Fork Transportation Authority Rio Grande Trail, and is legally described
as showu onthe accompanying SuMivision Preliminary Plan attached as Bxhibit C;
EXHIBIT
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C. The subject property is located within the Residential High Density
designation on the Future Land Use Map of the Garfield County Comprehensive Plan
2030;
D. The Planning Commission opened a public hearing on July 13, 2011, on
the proposed PUD and Subdivision Preliminary Plan Applications and continued the
public hearing until September 14,2011;
E. On September 14, 2011, at the continued public hearing the Garfield
Cor.rnty Planning Commission considered the question of whether a recomme,ndation
regarding the PUD and Subdivision Preliminary Plan Applications should be issued for
approval, approval with conditioas, or denial at which hearing the public and interested
persons were given the opportunity to express their opinions regarding the issuance of
said mommendations;
F. The Garfield County Planning Commission closed the public hearing on
September 14, 2011, and recommended *Approval with Conditions" for the PUD
Applicatiou and SuHivision Preliminary Plan Application to the Board of Cor:nty
Commissioners by a vote of 6 to I ;
G. On Novembx 21,2011, the Board of County Coinmissioners (the Board)
opened a public hearing upon the question of whether the PUD Application and
Subdivision Preliminary Plan Application should be approvd approved with conditions,
or denied at which hearing the public and interested persons were given the opportunity
to exllress their opinions regarding the issuance of said decisions;
H. On November 21,2011, the Board approved with conditions ths PUD
Application and the SuMivision Preliminary Plan Application, and continued the public
hearing first to December 5, 2011, and then again to December 19,2011, for the pupose
of finalizing this Resolution, the PLID Site Plan attached hereto as Exhibit A, the PUD
Guide afiached hereto as Exhibit B, the Subdivision Preliminary Plan attached hereto as
Exhibit C, the Phase 0 Improvements Agreement attached hereto as Exhibit D, and the
Development Agreement River Edge Colorado Planned Unit Development (the
Development Agreement) approved pursuant to a separate Resolution;
I. The Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. Proof ofproper public notice was provided as required for the public hearings
before the Planning Commission and the Board of County Commissioners.
2. The public hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete, that all pertinent facts, matters
and issues were submitted and that all interested parties wene heard at those
hearings.
3.
+.
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The PUD Application and Subdivision Preliminary Plan Application are in
general confomance with the Garfield County Comprehensive Plan 2030.
The following waivers from minimum standards contained in the Garfield
County Unified Land Use Resolution of 2008, as amended (UL[IR) have been
granted and determined as appropriate for the health, safery and welfare of the
future residents and the general public:
a. Section 7-108 and Section 7-307,Road Standards:
i. Modificatiou in road, right-of-way, drainage including curb and gutter,
on-street parking lane, shoulder widtb sidewalks, and other design
criteria identified in Appendix B of the PUD Guide and shown on the
SuMivision Preliminary Plan for Major and Minor Collectors
(identified as "Entry Road" and "Local" within the PUD Guide and
Subdivision Preliminary Ptan);
Road standards for Alley, Garden Home Access, aad F'.mergency
Vehicle Access which will be consistent with the design criteria
identified in Appendix B of the PLJD Guide and shown on the
Subdivision Preliminary Plan;
Roundabout designs consistent with the preliminary designs zubmitted
with the PUD and SuMivision Preliminary Plan Applications-
b. Section 7,2,07 C.1., Detention Facilities:
i. Detention limited to water Quality capture volume as defined by the
Urban Drainage Criteria Manual, Urban Drainage and Flood Control
Dstrict, Denver, CO (UDFCD) in accordance with the preliminary
engineering design submitted with the PUD and Subdivision
Preliminary Plan Applications; and
ii. storm drainage systems designed in accordanee with the UDFCD in
accordance with the preliminary engineering design submitted with the
PUD and SuMivision Preliminary Plan Applications.
c. section 7-305 A.l.f., Landscaping outside of the adjacent right-of-way:
Allow landscaping within the right-of-way in accondance with the
landscape progiun submitted with the PUD and SuMivision Preliminary
Plat Applications. County approval of specific plantings within the right-
of-way shall not be required.
d. Section 7-3A5 A.7., Minimr.rm size of tree caliper: A reduction in the
minimum tree caliper from 2o' to 1.5- for deciduous trees.
e. Section 7-405 C.l.a., Standards for public sites and open space: Approval
of private roads for public use.
5. The following waivers from minimum standards containd in the ULUR have
been conditionally granted:
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Section 7-203, Restrictive Inner Buffer: A reduction in the structure
setback for placement of the bridge over Cattle Creek as shown on Sheet
501.01 of the Drawing Package submitted with the PIID and Subdivision
Preliminary Plan Applications, provided that at the time of final plat th9
Owner tub*itt an updated site plan indicating the encroachments that will
occur on the site and identifies protective measures that will be applied to
the setback area.
Section 7A068.2, Sub-drain requirement: Subdrains shall not be required
for slab-on-grade as provided for by sections Iv.B.2(4) and v.A of the
PtlD Guide unless the specific soils and geotechnical analysis provided at
each final plat associated with the development indicates application of
Section 7-2A6 B.2 is necessary for protection of the health, safety and
welfare of the futue residents and the general public-
The PUD Application and Subdivision Preliminary Plan Application, subject
to compliance with the conditions of.approval set forth in this Resolution and
excepl where waivers have been granted, meet the requirements, approval
criteri4 and standards set forth in the ULUR
For the above stated and other reasions, and subject to compliance with
conditions of approval, the PUD Application and Subdivision Preliminary
Plan Apptication have been determined to be in the best interest of the health,
safety,-convenieoce, order, prosperity and welfare of the citizens of Garfield
County.
RESOLUTTON
NOW, THEREFORE, BE IT RESOLVED by the Board of county
Commissioners of Garfield County, Colorado, that:
A The forgoing Recitals are incorporated by this reference as part of the Resolution-
B- The PI.JD Application and Subdivision Preliminary Plan Application from
Carbondale Irrvesbnents, LLC to rezone the subject property &om Residential
Suburban to PUD disrict as set forth and described in the PUD Site Plan and PUD
Guide, attaohed hereto and incorporated herein as Exhibits A and B, respectivgly, and
to suffiivide the property into i66 residential lots as set forth and described in the
Subdivision Preliminary Plan, attached hereto and incorporated herein as Exhibit C,
are hereby approved subject to compliance withthe following conditions:
l. That atl representations made by the Applicant in the application, and_at the
public hearings before the Planning Commission and Board of Couurty
borrmissioners shall be conditions of approval, unless specifically dtcred by the
Board of County Commissioners.
b.
6.
7.
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4.
6.
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The Subdivision Preliminary Plan approval shalt be valid for a period of three
yearsi, or until the first final plat has received a Determination of Completeness in
iccordance with Section 4-103.C of the ULIIR, whichever occurs first
The maximum residential density permitted in the River Edge Colorado project
shall be 366 dwelling units.
The approved PUD Site Plan, PUD Guide and Subdivision Preliminary Plal are
attacGd to this Resolution as Exhibits A, B and C, respectively, and are
incorporated herein by reference.
The Development Agreement and the Phase 0 Improvement Agreement shall be
recorded as provided by state law and in conjunction with this Resolution.
Crrading Activitv / Reclamation
u. fn" uppticant shall obtain a grading permit prior to initiation of the on-site
activities arxl improvements as set forth in the Phase 0 Improvement
Agreement;
b. Revegetation security shall be provided at time of grading permit in
accordance with terms of Phase 0 Improvement Agreemen!
c. No activity related to reclamation or development of the project shall occur
until zuch time as a State Highway Access Perrnit (SHAP) and Notice to
Proceed has been issued by the Colorado Department of Transportation
(cDor);
Veqetation
a" -i.ior to issuance of a grading pennit or approval of a final plat, whichevor
shall come first, the Appticant shall provide a management plan for noxious
weeds on REC property and, if agreed to by the Roaring Fork Conservancy,
on the Conservation Easement;
b. The Open Space Management Plans shall be amended to remove the 5%
requirement prior to treatment of noxious weeds as state stafute requires that
state listed Aand B species must be eradicated when detected, and the County
concurs with state law regarding all noxious weeds-
c. County Vegetation Management Director shall be consulted regarding the
calculation of revegetation security.
Geologv
fne Appticant shall comply with the recommendations sontained within the
Geotechnical Engineering Report submitted for the project, as such
recorunendations may be amended through further geotechnical investigations,
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including the items listed below. The geotechnical engineer evaluating the site
shall consider the recommendations provided by the Colorado Geological Survey-
a Detailed geotechnical investigations shall be provided as part of the find-
design rub-iA"a for each final plat and prior to the commencement of
construction on the site; providd however, that detailed geotechnical
investigations for pre-development reclamation (Phase 0) activilies, which
activitiis shall be conducted as part of obtaining the required grading permit
Detailed cost estimates shall be included for mitigation done as part of the
public improvements.
b. Specific foundation designs for buildings shall be prepared by a professional
engineer lice,nsed in the State of Colorado and submitted at building permit.
c. Subsidence and sinkholes are considered a potential risk across the site. The
Applicant shall provide necessary mitigation where further geotechnical
investigations reveal that the soil and bedrock conditions below critical road
sections may lead to failure. Mitigation may include providing plans for
alternate temporary access. *Critical road sections" are those road sections
ufuich if damaged by subsidence would eliminate access to lots within the
REC project
d. If an agreement is reached with the Roaring Fork Conservancy to stabilize the
base of steep escarpments, a copy of such agreement or plan and, if required" a
cop.y of the easement between the Roaring Fork Conservancy and the owner
of the River Edge Colorado properly, shall be provided to the County
Building and Planning Deparfinent as part of grading permit application.
e. An underdrain system shall be provided to protect below-grade construction
such as retaining walls, deep crawlspace and basement areas. The drain shall
be plaeed at each level of excavation and at least one foot below the lowest
adjacent finish grade.
f, Post reclamation (Phase 0) or post overlot/mass grading, as applicable, cut
depths for buitdings, structures or roadways shall uot exceed 15 feet and_fills
should be timited to 10- in depth and not placed on steep downhill slope
areas. Pennanent unretained cut and fiIl slopes shall be graded at 2 horizontal
to I vertical or flattgr and protected against erosion by revegetation or rock
riprap.
g. The grading plan shall consider mnoff from uphill basins that drain througfu
the project and at individual sites and water shall not be permitted to pond
which could impact slope stability and foundations.
h- Infiltation shall be limited into the bearing soils next to buildings by required
exterior backfill to be well compacted and have a positive slope away from
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the building for a distance of at least 10 feet
i. Roof downspouts and drains will be discharged a minimum often feet beyond
the limits of all backfilt. Landscape irrigation shall be limited in accordance
with the provision of the inigation system standards submiued with the PUD
Application to ensure water apptication rated to not generally exceed
evapotransporatio n rates.
A detailed pavement design shall be provided in conjunction with submittal of
each final it t to determine if fine-grained soils exist that need to be removed.
Where fiti ptacement will occur as part of road construction activities in
association *ith any nrral plat as Part of tnt subdivision improvements rather
thanin advance of ihe final plat application as part of reclamation (Phase 0) or
overlot or nu$s grading activities, a geotechnical report shall be submitted to
the county Buifting *a ptuorring Deparhnent for review prior to paving;
such report shall demonstrate that the fill will achieve the pavement design
objectives in the pavement design report zubmified with the subjecJ final plat'
The soils type results in a requirement for concrete exposed to on-site soils
'contain T.ypi m portland cement (less than 5% tri-calcium aluminate).
9. Wildlife
1.n" Appfruot shall comply with the recommendations contained within the
reports-of its consulting wlAife biologist and the Colorado Division of Wildlife,
including the following:
Lighting of open space areas, including indirect lighting and transient light*g
frJm roads aod ho*"t, is not recommended. Street lighting shall generally
conform to the lighting plan submitted as part o{ m?_ IUD Application.
Lighting of open qpu""i except that required around building in accordance
*ilh sJety requirements is not pemritted. Tall vegetation should be allowed
or supplementally planted 10' off of the roadsides in areas where headlights
from vehicles illuminate open space areas.
Fences along roads should not be perrnitted exclusive of the elk fence along
SH 82, cut-and/or fill slopes along roads should be desigred to facilitate
wildlife movement except where retaining walls are utilized; this includes
using native plant materials that mimic local native vegetation species and
distribution in general conformance with the landscape plan submitt''ed with
the PUD Application
Trails within REC and continuous open space areas shall be closed by the
Property Owners' Association (POA) during sensitive deer and elk winter
t"rtont. Dogs, outside ofyards or dog parks, shall be on a leash year-rouud.
Wildlife friendly fences should be required in the Cattle Creek and Roaring
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Fork River corridors.
e. Open Space Tracts a.e used as winter range; therefore, reclamation will need
to occur using appropriate native plant species and vegetatiol profiles in
general confoirrance with the specifications in the Reclamation Plan and
Iandscape plans submitted wfth ee PLID Applicatign. Revegetation should
occur as soon as possible. Noxious weeds should be teated bi-annually to
minimize spread and imPact on winter nmge'
f. Dog and cat reshictions should include limitation of one dog and/or t{ p"t
mii (plus young up to 3 months); dogs must be leashed when outside of
fencel yu.dr; toJs" ir uncontrollable dogs and contractor dogs are pmhibited'
g. Development of tlre REC project shatl generally comply with th9 Erosion- Controi and Sediment Control Plan submitted for the project and as more
specifically detaile with each final pla! in order to reduce the likelihood of
pottutuotr *d sediment from developed areas from reaching Cattle Cr.eek ald
ihe Roaring Fork River. Runoff should be filtered before running into the
river, or caught and used for irrigation purposes.
h. All utilities shall be buried.
i. Applicant sha1l adhere to the Roaring Fork Conservancy Grant of
Conservation Easement, recorded at Reception No. 559036 (Conservation
Easement), and shall work with Roaring Fork Conservancy to mitigate
impacts conceming trails, river access, and signage. Applicant shall forward
any coocems r.g*ding compliance with the Conservation Easement to the
ffi,a.. npptcaniintends that its obligations under the Conservation Easernent
will be assigned to the POA'
[0. Access and Roadwavs
a. pri"r t" issuance of a grading permit or submittal of the first Final Plat,
whichever shall be submitted first, the Applicant shall submit a Crossing
License from the Colorado Public Utilitics Cornmission (PUC), ifrequired by
state law. If PUC review and approval of the crossing is not required the
Applicant shall provide reasonable evidence to that effect which is acceptable
to the Building and Planning Department.
b. prior to issuance of a grading permit or submittal of the fust Final Plat,
whichever shall be submified first, the Applicant shall provide documentation
from Roaring Fork Transit Authority EFTA) regarding the acceptanT -of
construction
-to grade separate the Rio Grande Trail in the vicinity of the
project entrance. If oonskuction collateral is not required by RFTA then
"o11ate.at
for this improvement shall be included in a County Improvements
Agreement.
c.
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The REC alley design must include a design vehicle minimum of either an
emergency response vehicle or a garbage truck. At the time of this
Resolution, Applicant has satisfied this condition.
Applicant shall work with the County Attorney's Office to develop a
Mimorandum of Understanding (MOU) regarding Applicant's ofTer to fund
and construct the improvements to the east side of the intersection at SH 82
and Cattle Creek, and to facilitate the involvement of the various parties
necessary to complete these improvements. Recognizing the significant
impact the REC development will have on SH 82, the MOU will incorporate
all improvements required by CDOT in order for Applicant to obtain a State
Highway Access Permit.
11. Water.
,- Prior to issuance of a grading permit or submittat of the first Final Plat,
whichever shall be submitted first" the Applicant shall provide a copy of the
signed District Court, Water Division 5 Decrees in Case No. 07CWl64 and
Case No. 08CWI98. At the time of this Resolution, Appticant has satisfied
this condition.
b. prior to issuance of a grading permit or submittal of the fust Final Plat,
whichever shall be submitted first, the Applicant shall provide a copy of the
executed pre-inclusion agreement related to the provision of water and
wastewater service to the River Edge Colorado development-
12. Final Plat Requirements
1.t. npprc*i shall comply with the following final ptat requirements in addition
to those requirements contained within the ULUR:
a^ The Applicant shall provide the following information as zubmittal
requirements with the first final plat application:
i. An Improvements Agleement;
ii. Demonstation of formation ofthe POA;
iii. Draft deeds for conveyance of improvements, facilities or real properfy
from the Applioant to the PO.Ar.;
iv. Covenants, Conditions and Restrictions (CCR's) applicable to the
development.
b. Plat notes, in addition to the standard notes, shall include the following:
Engneered foundations. shalt be required for all buildings within the
development. These foundation plans shall be stamped by an engineer
license.d in the State of Colorado or a letter stamped by a qualified
geotechnical engineer stating that no special foundation design is necessary.
13. The Applicant shall submit an appraisal with the first apptication for fural plat in
tne suiaivision so that the amount of the fee-in-lieu payment of school land
9
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dedication for the subdivision can be calculated. Payment of the fee-in lieu will
be required priorto approval of the first final plat for the subdivision.
14. Prior to approval and recordation of the first final plat the Applicant shall be
required to comply with Resotution 2008-05 which sets forth the required
residential impact fee of $730.00 per unit for the Carbondale and Rural Fire
Protection District. Payment of this f* shall occur prior to approval of the frst
final plat for the subdivision.
C. The Board hereby approves the waivers set forth in Recitals I.4 and I.5 of this
Resolution.
D. The Board hereby approves the Phase 0 Improvement Agteement, attached hereto and
incorporated herein as Exhibit D.
,?*--\.
aay of D ec<- rn, L*-r-Datedthis
ATTEST:
A.D.2011.
BOARD OF
GARFIELD
ozovt- fln
of the Board
Upon motion duly made and seconded the
Mike Samson
-
.Aye
Tom Jankovsky " AYe
STATE OF COLORADO
County of Garfield
f, , County Clerk and ex'officio Clerk of the
Board of County coffie county and State aforesaid do hereby
)
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-t\i SEAL
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10
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certi[, thaf the annexed and foregoing Resolution is tnrly copied from the Records of the
no"""ai"g of the Board of County Commissioners for said Garfield Coun$, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said Cormty, at Glenwood Springs, this
-
day of ' A'D' 2011
County Clerk and ex-officio Clerk of the Board of County Commissioners
11
GLENWOOD SPRINGS OFFICE
The Denver Center
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (9? 0) 947 -1936
Facsimile (97 0) 947 -1937
GARFIELD &HECHT, PC.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
David McConaughY
dmcconau ghy@ garfi eldhecht.com
November 3,2016
YIA E-mail
Sheryl Bower, Director
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
E-mail : sbower@ garfi eld-county.com
RE: Carbondale Investments,LLcExtensionRequest
Response to Staff Report
Dear Ms. Bower,
We are in receipt of the County staff report regarding Carbondale Investments, LLC's
(,.CI") request to extend and clariff certain deadlines contained within the River Edge Colorado
pUO-1,'Project") preliminary subdivision plan ("Plan") approval and in the_Development
Agreement
-("Agreiment"). iJpon reviewing the report and the arguments made therein, CI
pr:ovides the following ,"rporre and proposes certain changes to the previously-submitted
Agreement amendment.
The primary point of disagreement between staff and CI is whether the Plan has expired
and, if it hai, wtrettrer the Couniy has authority to extend it now. Staff asserts that the Plan
expired on December 19, 2014, rciying on Section B(2) of Resolution No. 2011-84. That section
states that the plan approval "shall be valid for a period of three years, or until the first final plat
has received a Determination of Completeness," whichever occurs first. However, Section B(2)
is in direct conflict with the terms oi the Agreement which was approved by Resolution No.
2011-85. To the extent there is any conflict, thl later resolution and the Agreement must control.
Under the Agreement, "Project Plans" is defined to include the Agreement, the REC
pUD plan, and the PIan. Reso. No. 201l-85, Recital L The Agreement and the Project Plans
constitute the site specific development plan, which establishes CI's vested property rights. Reso.
No. 20l l-85, tT :(cj(vi). CI's vesGd property rights-which include the Plan as approved-are in
effect for 10 years provided that a buitaing permit is issued within 5 years of the date of the
Agreement. Thus, according to the Agreement, the Plan- approval remains in effect until
DJcember 22,2021, but it is subject to the building permit deadline of December 22,2016. As
such, the goaid of County Commissioners has express authority under Sectio-n 4-130(GX8)(aXl)
of the prior land use code to extend the Plan because it has not yet expired. Howcver, doing so is
not aciually necessary because ofthe existing l0-year deadline.
EXHIBIT
Aspen . Avon . Basalt . Glenwood springs . Rifl, @r'intedonrecvcledpaper
GART'IELD &HECHT, P.C.
Sheryl Bower, Director
November 3,2416
Page2 of2
A revised draft of the Agreement amendment is enclosed. The changes are summarized
as follows:
Paragraph 2 is revised to reflect that the Preliminary Plan deadline is actually December
22, 2021, pursuant to the original terms of the Development Agreement, so no extension is
necessary.
Paragraph 3 is revised so that the deadline to file the first final plat is 2021 to be
consistent with the Preliminary Plan deadline.
Paragraph 4 is revised to eliminate the request for extension of vested rights through 2026
but to keep ihe-request for the building permit deadline to be extended until 2021. This resolves
any ambi[uity by ensuring that the pieiiminary Plan deadline and the Vested Rights expiration
date are the same.
Please contact me if you need additional information or have questions regarding CI's
response or the proposed changes to the previously-submitted amendment. We look forward to
discussing this mattir in more detail with the Board of County Commissioners onNovember 7th.
SincerelY,
David H. McConaughY
A ttorney for Carbondale Inve stments, LLC
Enclosures
CC: David Pesnichak, Senior Planner
Kelly Cave, Assistant County Attorney
GlRrteLn & Hscur, P.C.
Dil #';i;fb^""s% h"@
1567271 2
@ Printed on recycled paper
AMENDMENT TO DEVELOPMENT AGREEMENT
RIVER EDGE COLORADO PLANNED UNIT DEVELOPMENT
THIS AGREEMENT is made and entered into this
-
day of
-,
2016, by and
between the BOARD OF COLINTY COMMISSIONERS OF THE COTINTY OF GARIIELD, a
body politic and corporate (the "County''), and CARBONDALE INVESTMENTS, LLC, a Texas
limited liability company registered to do business in Colorado ("Developer"). The County and
Developer may hereinafter be referred to the "Parties."
WHEREAS, Developer is the owner of certain real property in Garfield County,
Colorado, described on Exhibit A (the "Property''); and
WHEREAS, on November 21,2011, by Resolution No. 201l-84, a copy of which was
recorded as Reception No. 812357, the Board of County Commissioners for the County
("BOCC") approu.d Planned Unit Development zoning and a Subdivision Preliminary Plan for
the Property; and
WHEREAS, also on November 2l,2}ll, by Resolution No. 2011-85, a copy of which
was recorded as Reception No. 812356, the County approved a site specific development plan
and a Development Agreement granted certain statutory vested rights relating to the Property;
and
WHEREAS, Developer is in the process of working with an adjacent property owner to
submit an amended PUD plan that may or may not include both the Property and adjacent
property, and Developer desires to preserve its existing land use entitlements for the Property
while working on a new application to be considered by the County.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The foregoing recitals are incorporated by reference herein.
2. Clarification of Preliminary Plan Deadline. Pursuant to Resolution No. 20ll-84,
the Subdivision Preliminary Plan was to be valid for three years or until the first final plat was
determined to be complete, but the three-year deadline was effectively extended to ten years
from the date of the Development Agreement by Resolution No. 2011-85 because the
Development Agreement granted vested rights in the "Project Plans" which are defined therein
to include the Preliminary Plan. Therefore, the Parties agree that the deadline for first final plat
submittal is effectively December 22, 2021, subject to the building permit deadline included in
the Development Agreement as amended below.
3. Amendment to PUD Phasing Schedule. Consistent with the preceding paragraph,
the phasing schedule set forth in Table 5 of Exhibit C to the PUD Development Guide included
in Resolution No. 2OlL-84 is extended as set forth below. The other details of Table 5 remain
unchanged.
Filine
I
IB
2
2A
IA
J
4
4A
5
5A
6
4' Extension of Building Permit Deadline. Pursuant to the Development Agreementapproved by and attached to Resolution No. 2011-85, the County has pieviousl/ grantedstafutory vested rights for a period of l0 years for the "Project" as defined therein, or untilDecember 22,2021. .{owever, Paragraph 9 of the Development Agreement provides that suchrights shall terminate if a building permit for development of the firi phase oith" project is notissued on or before five years after the effective date of the Development Agreement, or byDecember 22, 2016. Paragraph 9 also states that, notwithstanding anytiing .lr""provided for inthe Development Agreement, in the event said building permit iJ noi issuld prior to December22, 2016, the County_ and CI may agree in writing tt ut tt " Development Agrlement remains inplace for the remainder of the term of the Devel6pment Agreement. Accordingly, the deadlinefor issuance of the first building permit is hereby extendediy five (5) years, or"until December22,2021.
5' Phase 0 SLA. Resolution No. 20ll-84 approved the form of the River EdgeColorado Phase 0 Improvement Agreement ("SIA"), which addressed, among other things, tf,econstruction of and security for various public improvements for the project. -Th. ..Co-pletion
Date" as defined in the SIA was to be- determinid based on the timing of submission of anapplication for a "Grading Permit" as defined in the SL{. The SIA included no particulardeadline for the Grading-Permit application, and no Grading permit application has beensubmitted as of the date of this Agreernent. Therefore, the Parties agree and acknowledge thatthe Completion Date for purposes of the SIA has not yei been trigger"J o. determined.
6' Notic,es. Section lO(f) of the Development Agreement is hereby amended toupdate the notice address for Developer as follows:
Schedule of Plattins
2021
2021
2022
2022
2023
2024
2025
2026
2027
2027
2028
TO DEVELOPER:
Carbondale lnvestments, LLC
5121 Park Lane
Dallas, TX 75220
With a copy to:
David H. McConaughy, Esq.
GARFIELD & HECHT, P.C.
420 Seventh Street #100
Glenwood Springs, CO g1601
d
7.No Other Modificatiffi;:I:1:i]Iu',1*n1.sly.modifiedherein,allprovisions3:ff ilH:T,'d,t',?mm{'i{:ffi i#irfiljffi"i:ff iiH}#1,',TJ'il
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SO AGREED as of this _ day of 2016.
CARBONDALE INVESTMENTS. LLC
By'
Ted Skokos, fvlunug",
STATE OF COLORADO
COLINTY OF
Attest:
County Clerk
)
) ss.
)
Acknowledued, subscribed, and sworn to before me this -- day of2016,by Ted Skokis as Manager of Cu.Uoraale Investments, LLC
WITNESS my hand and official seal.
My Commission expires:
Notary Public
BOARD OF COLINTY COMMISSIONERS
OF GARFIELD COLINTY
By:
John Martin, Chairman
H
Fall 2009
Thru
Spring 2010
Nov O8-March 09
Stock Market
Crash
Development would
bring jobs, affordable
and attainable
housing, and increase
tax revenue
Skokos purchased
land
Spring 2010
Thru
December 2011
$z.z million
Finished PUD
application
Granted PUD,
Preliminary
Subdivision Plan,
and Development
Agreement,
vesting rights through
December 22,2A21,
with caveat that either
a building permit
must be obtained or
an extension granted
by Decembr 22,
2016
Timeline of Efforts of Shannon & Ted Skokos,
owners of Carbondale Investments rLLC
January 2012
Thru
November 2012
$750,000
Worked with CDOT
and RFIA on urccess
off of SH82, worked
with engineers and
land planners to keep
Phase I and2
moving, and created
the metro district
Realized approved
access location at
Cattle Creek Road
was not ideal because
of close proximity of
RFIA to SH82
December 2012
Thru
March 2O13
$500,000
Prepared documents
to be filed with the
County to move the
access location to
what we viewed as a
location more feasible
to the development
and better from a
public safety point of
view
Met with County staff
and was told that the
requested amendment
was a "substantial
modification"
Approval from
CDOT, RFTA, PUC
April 2013
Thru
February 5,2015
$1.2 million
Worked with CDOT
& RFIA, and
prepared for a second
time (and updated)
all of the information,
documents, maps,
plans, and studies that
had previously been
submitted in 2O11
CDOT approval in
January 2Ol4,but
RFTA would never
commit to an
approval or denial
Submitted
amendment
application
February 6,2015
Thru
October 23,2015
$250,000
"Technically
Incomplete"
Responded to the
requests of County
staff for 9 months
Engineers were asked
to provide much more
information and detail
than in 20l l and to
produce multiple
iterations of drawings
Declared "Technically
Complete" by County
staff on October 23
October 24,2015
Thru
April 18,2016
$loo,ooo
Received Planning
Commission
approval
Received County
recommendation
of denial
Appeared before
Board of County
Commissioners who
denied the
application to move
the access location
April 19,2016
Thru
November 7,2016
Assessed the
situation:
Spent $5.5 million
on River Edge
Colorado PUD
approvals to date
(not counting other
costs)
December 22,2016
Deadline for
Obtaining a Building
Permit
Filed this request to
extend the Buildrng
Permit Deadline &
clarify/extend other
deadlines
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$1.5 million & 3 years lost trying to appease CDOT, RFTA, planning
il Commission, and County Staff before we wene allowed to come before BOCC
Summary: After 7 years, Skokos has invested nearly $75 million into this property (not counting land costs), to wit: g55 million on REC pUD,
$4001000 seeking commercial approval on adjacent property, nearly $1 million in property taxes, and $550,000 maintaining the property. The 20ll
Development Agreement states "in light of the importance of this development and unpredictability of economic cycles and market conditions over
the life of the development, it is appropriate to provide assurances to Cartlondale Investments." The County provided those assurances in 20ll
through its support of this project, and we are asking for your continued support today by granting our rrcquest to extend the Development
Agreement deadline to obtain the building permit to December 22,202lrand to clarify/extend the deadlines of Carbondate Investments, iLC,, pUD
and Preliminary Subdivision Plan to be consistent with the language of the 2011 Development Agrcement, namely to be Decemb er 22,2021.
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