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HomeMy WebLinkAbout1.0 ApplicationD D D D D D D Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970} 945-8212 www.garfield-countv.com TYPE OF SUBDIVISIONS Sketch Plan Preliminary Plan Preliminary Plan Amendment Final Plan/Final Plat Final Plat Amendment Conservation Subdivision Yield Plan Common Interest Ownership Community INVOLVED PARTIES Owner/ Applicant I D D D I D D I [!] DIVISIONS OF LAND APPLICATION FORM TYPE OF EXEMPTIONS Minor Exemption Major Exemption County Road/Public ROW Exemption Rural Land Development Exemption Final Plat Amendment Time Extension Name: The Berkeley Family Limited Liability Limited Partnership Phone: ( 970 ) 945-5432 Mailing Address: 4001 County Road 114 City: Glenwood Springs State: CO Zip Code: 81601 E-mail: mike@mexicomedical.org Representative (Authorization Required) Name: Tim Malloy, TG Malloy Consulting, LLC Phone: (970 ) 945-0832 Mailing Address: 402 Park Drive I City: Glenwood Springs State: CO Zip Code: 81601 E-mail: tgmalloy@sopris.net PROJECT NAME AND LOCATION Project Name: Lake Springs Ranch PUD Subdivision Assessor's Parcel Number: See PID#s b_elow -------------- Physical/Street Address: 4001 County Road 114 Legal Description: See attached I I Zone District: PUD I Property Size (acres): 459.38 Acres PIO #s: 2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107 Project Description I Existing Use: Residential and Sod Farm I I Proposed Use (From Use Table 3-503): Same as existing Description of Project: Request 2nd extension of one-~ear term of PUD/Prelimina!}'. Plan aeerovals memorialized in Resolution No. 2012-80. Proposed Development Area I Land Use Type #of Lots #of Units Acreage Parking Single Family Duplex I Multi-Family I Commercial I Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section:-------------- Section: _____________ Section:-------------- Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section:-------------- Section: Section: _____________ _ Date OFFICIAL USE ONLY File Number: ____ -___ _ Fee Paid:$ ___________ _ 1111 w. t1 :.i1 .. irl\1 ,Ml~ ~,~ ,r111 r.~•~~rm,,~~~r11.r~.1•,~~11 111111 Reception~: 808425 . 09/23/2011 09: 19:46 AM Jean Alberico 1 of 1 Rec Fee:$11 .00 Doc Fee:0 00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is Berkeley Family LLLP. TYPE OF ENTITY: The entity is a Limited Liability Limited Partnership formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 3961 County Road 14, Glenwood Springs, Colorado 81601. AUTHORIZED PERSON: The name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is follows: Name Position Miriam M. Berkeley General Partner LIMITATIONS: None. Dated this Miriam M. Berkeley, General Part er STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing instrument was subscribed, sworn to and acknowledged before me this 14 rf:~ day of 'S_D-4:_vv~"" , 2009, by Miriam M. Berkeley as General Partner of Berkeley Family LLLP. WITNESS my hand and official seal. My Commission expires: _..:_Z_-_(--'----'-=- After recording return to: Dan , .C. () \d~\lkrk<·i<-y\F!'IS l~tl .\\1 1 il frrn 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 tgmalloy consulting, LLC Land Use Planning  Site Design  Natural Systems Analysis  Public Process 402 Park Drive  Glenwood Springs  Colorado  81601 (P) 970.945.0832  (F) 970.945.0833 E-mail: tgmalloy@sopris.net March 5, 2014 Garfield County BOCC c/o Fred Jarman, Director Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear BOCC Members: On behalf of the Berkeley Family LLLP, we are submitting this letter to request a second extension of the Preliminary Plan/PUD Amendment approvals granted by the Garfield County Board of County Commissioners on April, 16, 2O12 (Resolution No. 2012-80 – Exhibit 1). Section 4-101(H) of the Garfield County Unified Land Use Resolution (ULUR) species that preliminary plan approvals are valid for a period one year after which, extensions may be approved by the decision making body that granted the original approvals pursuant to Section 4-101(I). An initial one-year extension was approved by a unanimous vote of the BOCC on April 15, 2013 (see Exhibit 3). Therefore, this request is for a second extension. This letter provides the information necessary to demonstrate that the requested extension is necessary and in the best interest of the County and the Applicants. BACKGROUND/PROJECT HISTORY The Lake Springs Ranch property is located approximately 3.5 miles southeast of Glenwood Springs along County Road 114 (see Figure 1 – Vicinity Map). The portion of the property west of CR 114 includes the Applicant’s residence and is the site of the Rivendell Sod Farm. Figure 1 – Vicinity Map LSR PUD Preliminary Plan | Request for Second Extension of Approval Page | 2 March 5, 2014 402 Park Drive  Glenwood Springs  Colorado  81601 (P) 970.945.0832  (F) 970.945.0833 E-mail: tgmalloy@sopris.net The Lake Springs Ranch PUD was originally approved in June of 1979 as documented in Resolution No. 79-64. The original approval included 195 single-family lots and 3 multi- family tracts. Resolution No. 79-64 also established three zone districts for the property including a residential/single-family district (R/SF), residential/cluster housing district (R/CH) and an agriculture/open space district (A/OS). Later that same year, the PUD was amended to reduce the number of single-family lots to 194, to increase the number of multi-family tracts to 4, and to clarify the number of intended multi-family units (16) as documented in Resolution No. 79-153. In 2002 the County approved an amended preliminary plan for the PUD as documented in Resolution No. 02-109. Condition No. 6 of that resolution provided 15 years within which to complete final platting for all phases of the preliminary plan and one year to record the first final plat. In November of 2004, after obtaining an extension to the one-year deadline for the first final plat, the Applicant received final plat approval for a group of 21 lots located in the northwest corner of the property. Since 2004, the Applicant has recorded a series of conservation easements that cover approximately 140.2 acres of the property west of CR 114 as shown on Figure 2. The conservation easements limit the encumbered area to agriculture and ranch uses including the existing sod farm use. The conserved area also includes 76 of the 194 residential lots that have received preliminary plan approval, including the 21 lots for which final plat approval was obtained in 2004. The conservation easements are held by Aspen Valley Land Trust (AVLT). The current PUD Preliminary Plan was approved in April of 2012 via Resolution 2012-80 (see Exhibit 1). Copies of the approved preliminary plan drawings are also included in Exhibit 2. The preliminary plan amendment approved last year shifted the multi-family housing units from voluntary to mandatory affordable housing units pursuant to the requirements of Article VIII of the ULUR, which was adopted after the 2004 Final Plat was recorded. The number of multi-family/affordable housing units was also increased from 16 to 18 based on the 15% requirement in the ULUR at the time of the approval. The ULUR has since been revised to reduce the AH requirement to 10% of the free-market lots. Other changes resulting from the 2012 amendment are listed below:  Increase the property acreage from 441.62 acres to 459.38 acres (land swaps with CMC and Nieslaniks);  Relocate lots to allow redesign of the open space, reduce visual impacts, avoid wildfire and wildlife habitat areas;  Realign segment of CR 114 in the area of the pond and bring the road section into compliance with County standards;  Redesign the subdivision road system to reduce the number of intersections with CR 114, reduce the number of dead-end-streets, provide through connections for the area on the east side of CR 114, provide a connection to CR 115, to serve lands added to the project site, and improve emergency service access for the subdivision;  Consolidate the affordable housing units to a single, larger tract that avoids wildlife habitat, wildfire hazards and is less visible from county roads;  Expand and redesign the open space areas to better preserve wildlife habitat, establish a wildlife movement corridor, reduce development in wildfire hazards, I \ \ • • • • • • • • • • • • • • • • • . . . . . ~ . • • • • • : ~ : . : •\ .. . \ . . .. : ,: : : : ~ : : : ;.\ : .~.·-~·····. • • • • • • • • • • • • • \e • • • • • • • • • . •. . . . \. . • • • • • • • \ \ \ • • • \ \ \ \ I • • • ~· • • \ \ \ • • • • • • • •• • • ;: ~ • •• . . ~ . . . : ~: . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • \, \ .. • • • • • • • • I I · ) I I j I I I I ' \ \ ( ( \ \ I I \ I I I I I I I \ \ \ \ \ ( \ • \ \ • • •• • • \ I I Ii Jl;l / l / I I ;1 I !/ I ( ) \ I \ • • • ~ Knoll ' \ I I I/ \~"-L ~~ ,,/.--_,,,..-- _,/// ~ / //' / \ \ \ General Notes Existing Conditions Figure 2 Legend ... --: "-··J Existing Property Boundary Conserved Area Sod Fields Wetlands r·-·1 High Value Elk WR ........ .. Woody Vegetation .. Buildings c::J Potentially Historic Bldgs • ........ :.... . .J Lakes and Ponds Perennial Streams -Fault (2010 HP Geotech Study) Electric Easements Sanitary Sewer Easement ~ Fences N + 0 600 ft No. Revision/Issue Firm Name and Address: Lan~ Planner: TG M<1lloy Consulting, LLC 402 P<1tk Dtive Glenwooq Sptings, Colot<1qo 81601 PH: 970-945-0832 E-mail: tgmalloy@soptis.net Project Name and Address: Lake Springs Ranch Date Subqivision Pteml. Plan/PVD Amen<!ment Ow net: Betkeley F;imily Limite<! P<ittnetShip 3961 County Ro;iq 114 Glenwooq Sptings, Colot<1<!0 81601 Project No. Sheet Date April, 2013 Scale LSR PUD Preliminary Plan | Request for Second Extension of Approval Page | 4 March 5, 2014 402 Park Drive  Glenwood Springs  Colorado  81601 (P) 970.945.0832  (F) 970.945.0833 E-mail: tgmalloy@sopris.net  allow for trial connections within the subdivision, and reduce the projects visual impacts;  Relocate the water tank to reduce its visual impacts;  Revise PUD Zoning Map to reflect the changes to the subdivision layout and add a new district called “Agricultural Preserve” (AP), which covers the bulk of the sod farm area;  Revise PUD zone text to include the sod farm as a permitted use in the R/SF zone district (a portion of the sod farm extends into the R/SF zone district). REASONS FOR TIME EXTENSION Resolution No. 2012-80 includes several conditions which have proven difficult or impossible to satisfy under the terms and conditions of the Deed of Conservation Easement (DOCE) which encumbers a significant portion of the Lake Springs Ranch property. As a result, the Applicants have been working on an application to seek amendments to the preliminary plan drawings and the conditions of approval contained in Resolution No. 2012-80. Most of the components of this application have been completed but the Applicant continues to work with CDOT and the County staff to address issues related to the required access permit for improvements to the intersection of CR 114 and Highway 82. As a result, the PUD amendment application will not be complete in time to avoid expiration of the initial one-year extension to the 2012 approvals. Condition #18 of Resolution No. 2012-80 requires that the Applicants obtain an access permit from CDOT to define improvements necessary at the Highway 82/County Road 114 intersection relative to the traffic generated by the Lake Springs Ranch PUD development. The condition also requires that the approved CDOT permit be submitted with each subsequent final plat application. This requirement has been greatly complicated by the fact that in early 2013 the County and CDOT initiated a joint process to design comprehensive improvements to this intersection. However, due to budgetary constraints, that effort was halted and is currently on indefinite hold. The Applicant’s representatives are in the process of determining what this means in terms of their ability to obtain an access permit given that the ultimate design of the intersection is unknown. CDOT has expressed a reluctance to issue a permit for incremental or temporary improvements that could potentially have to be removed in the event the process of designing and constructing more comprehensive improvements resumes. Even if the Applicants were to push CDOT for an access permit, we have been informed that CDOT would require a complete revision of the traffic study that was prepared for the 2012 PUD/Preliminary Plan amendment since that study is now nearly three years old. Given this situation, the Applicant is planning to meet with CDOT and the County staff to determine the best way forward. The Applicants believe that the amendments memorialized in Resolution No. 2012-80 provide substantial benefits to the County and the Applicants over the previously- approved preliminary plan. Therefore, rescinding the approvals granted in 2012 would not be in the best interest of the community and would create a significant economic hardship for the Applicant. For these reasons, we respectfully request an additional LSR PUD Preliminary Plan | Request for Second Extension of Approval Page | 5 March 5, 2014 402 Park Drive  Glenwood Springs  Colorado  81601 (P) 970.945.0832  (F) 970.945.0833 E-mail: tgmalloy@sopris.net one-year extension of the Lake Springs Ranch PUD/Preliminary Plan Amendment approvals memorialized in Resolution No. 2012-80. Sincerely; TG Malloy Consulting, LLC Tim Malloy, Principal Attachments: Exhibit 1 – Resolution No. 2012-80 Exhibit 2 – Approved Preliminary Plan Exhibit 3 – Resolution approving initial one-year extension (Resolution No.: 2013-29) Exhibit 1 – Resolution No. 2012-80 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, 16th of April A.D. 2012, there were present: John Martin Commissioner Chairman ~~~~-~~------~ Mike Samson Commissioner ~~~==~~~----~-~ ..._T,,,om"'"""Jank=,,.ov ..... s..,ky"----------'' Commissioner An~dre=w~Go=rg"'ey~--------->' County Manager ""'C"'ar"'ey'-"'G_,.agn=o,.n __ --'--------'' Acting County Attorney Jean Alberico Clerk of the Board · ~~~~~--------~ when the following proceedings, among others were had aod done, to-wit: RESOLUTION NO. :Jo/~-to A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN AMENDMENT AND PUD AMENDMENT FOR LAKE SPRINGS RANCH PUD, ON A 459.38 ACRE PROPERTY OWNED BY THE BERKELEY FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP LOCATED APPROXIMATELY 3.5 MILES SOUTHEAST OF GLENWOOD SPRINGS, COLORADO IN SECTIONS 32, 33, AND 34, TOWNSIIlP 6 SOUTH, RANGE 88 WEST AND SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6Tu P.M., GARFIELD COUNTY PARCELNO.s #2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board) received a request from The Berkeley Family Limited Liability Limited Partnership for a Preliminary Plan Amendment for 118 single-family lots and 18 multi-family units, aod for a Planned Unit Development (PUD) Amendment to add the existing sod farm as a permitted use in the Residential/Single Family (R/SF) zone district and add a new zone district called Agricultural Preserve (AG/P) as further described in Exhibits A aod B, Preliminary Plan and PUD Zone Map. B. The Lake Springs Raoch PUD is located within a 459.38 acre parcel of land owned by The Berkeley Family Limited Liability Limited Partnership. C. The subject property is located within unincorporated Garfield County in the PUD 1 llll lr\l".i.Pl,,l"l.~l,~M'IMif,lifY,M Mt~il.~'' 11111 ReQeption#: 82a748 09/05/2012 03:38:49 PM Jean Alberico 2 of 79 Rec Fee:$0.00 Doc Fee:W.00 GARFIELD COUNTY CO zone district! approximately 3.5 miles southeast of Glenwood Springs, Colorado. D. The Planning Commission opened a public hearing on the 14th day of.December, 2011 for consideration of whether the proposed Preliminary Plan and PUD Amendment should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. E. The Planning Commission closed the public hearing on the 14th day of December, 2011 to make a final decision. The Planning Commission voted to recommend the Board of County Commissioners approve with conditions the Preliminary Plan and PUD Amendment. F. The Board of County Commissioners opened a public hearing on the 16th day of April, 2012 for consideration of whether the proposed Preliminary Plan and PUD Amendment should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 16th day of April, 2012 to make a final decision. · I. The Board of County Commissioners on the basis of substantial .competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Planning Commission and Board of County Commissioners. 2. The hearing before the Planning Commission and Board of County Conunissioners was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all interested parties were heard at that meeting. 3. The Preliminary Plan Amendment and PUD Amendment are in general conformance with the Garfield County Comprehensive Plan 2030. 4. The following waivers from minimum standards contained in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) have been granted and determined as appropriate for the health, safety, and welfare of the future residents and the general public: a. Section 7-108 and Section 7-307, Road Standards: 1. Section 7-307 (A)(2) Requirement for Roadway Infrastructure: • Increase of the maximum grade for the Major Collector Road (CR 114) from 8% to 10% grade between Lake Springs Road and High Alpine Circle; 2 llll lll".i.Pi,,1\i,r1::1 1Wl,/M·~ 1111,l'n\l rti•.rwMH.~·~ II Ill Reception#: 823748 09/05/2012 03:38:48 PM Jean Rlberico 3 of 79 Rao Fe•:$0.00 Doc Fee~0.00 GARFI~LD COUNTY CO • Increase of the minimum right-of-way width for Secondary Access Roads from 5 0-foot to 60-feet for all Secondary Access Roads in the subdivision; and, • Decrease of the minimum shoulder width for Secondary Access Roads from 4-foot to 2-feet for all Secondary Access Roads in the subdivision. ii. Section 7-307 (A)(7)(b) Continuation of Roads and Dead-End Roads: • Allowance of the following five cul-de-sacs to exceed 600 feet in length: Van Cleve Lane, High Alpine Circle, Hanging Lake Road, Water Tank Access Road, and Spring Valley Road. 5. The Preliminary Plan Amendment and PUD Amendment, subject to compliance with the conditions of approval set forth in this Resolution and except where waivers have been granted, meet the requirements, approval criteria, and standards set forth in theULUR. 6. The proposed use is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: · A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The approvals and conditions contained in this Resolution supersede all prior zone district designations and uses set forth in prior approvals, and supersedes in its entirety Resolution No. 02-109. C. The Preliminary Plan Amendment and PUD Amendment for Lake Springs Ranch PUD is hereby approved subject to compliance with the following conditions: Preliminary Plan 1. All representations of the Applicant made in the application and at the hearings before the Planning Commission and Board of County Commissioners shall be considered conditions of approval, unless approved otherwise by the Board of County Commissioners. Fees 2. The Applicant shall include 50% of the road impact fee with each fmal plat. The remaining 50% shall be collected at the time of issuance of a building permit. The cost of any improvements to County roads that are constructed by the Applicant and approved by the County may be deducted from the road impact fee. AU future Subdivision Improvement Agreement(s) shall include any terms necessary to accomplish such deduction. 3 llll lll".i.~•,,i'k.i.rt:~rtl& llfltl-la,rll\l rw.Hllt'.~1 i 11111 Reception#: 823748 0i/06/2012 03:38:49 PM Jean Rlberico 4 of 79 Rec Fae:$0.00 Dec Fee:0.00 GARFIELO COUNTY CO 3. The Applicant shall pay a Cash-In-Lieu Payment for Schools as calculated in Section 7-405 (D)(3) of the ULUR with each final plat. 4. Impact fees shall be paid to the Carbondale and Rural Fire Protection District prior to the approval of the first final plat submitted for approval subsequent to this Resolution. Permits 5. Prior to the approval of each final plat, the Applicant shall obtain a National Pollutant Discharge Elimination System Permit and air pollution permits from CDPHE. These permits shall be submitted to Garfield County for review. Agreements 6. Approval of the Preliminary Plan requires the Developer to complete the platting of all phases within 15 years of this Resolution and the first final plat must be recorded within one year of the final approval of the Preliminary Plan. Plat Notes 7. The following plat notes shall be placed on each fmal plat: a. Control of noxious weeds is the responsibility of the property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. b. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et. seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non- negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non-negligent agricultural operations. c. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (I) new solid-fuel burning stove as defined byC.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. d. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the lot. Provisions may be. made to allow for safety lighting that goes beyond the property boundaries. 8. The Applicant shall adhere to the recommendations specified in the Hepworth-Pawlak Geotech's (HP Geotech) reports and attached as Exhibit C to this Resolution. Site specific 4 I-·---- studies shall be conducted for individual lot development. The need for site specific studies shall be disclosed in the covenants and on each final plat in the form of a plat note. Those recommendations include the following: a. Prospective building owners should be made aware of the potential low risk of evaporate defonnation. If the low risk is not acceptable to building owners, it can be reduced by the use of heavily reinforced foundation system preferably without a basement. b. It is recommended that buildings not be located within 50 feet of the fault trace identified in Figure 1 of the HP Geotech report dated January 15, 20!0 of which a Figure will be attached as Exhibit D to this Resolution. c. It is recommended that additional subsurface exploration be made in these areas to evaluate the engineering characteristics of the lake deposit. These areas include Lots 6, 7, and 8 of Block 2 and 200 feet of the western most portions of Spring Valley Road. d. The recommended foundation system will depend on the site specific expansion potential. Also, a structural floor system over a crawlspace may be warranted depending on the expansion potential at a specific building site. A site specific foundation study by the individual lot owners should be conducted for design level recommendations. e. More extensive grading should be evaluated on a site specific basis. As previously recommended, cut and fill should not exceed 1 0 feet deep and cut and fill slopes should be 2: I (horizontal to vertical) or flatter. A certified professional engineer registered in the State of Colorado should review the proposed grading plans when available and determine if addition subsurface exploration and analysis are needed. f. Occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Unifonn Building Code, Seismic Site Class B. Water 9. The Applicant shall verify water requirements for automatic fire sprinkler systems are adequate at the time of each final plat. IO. At the first final plat submitted for approval subsequent to this Resolution, the Applicant shall obtain a new well permit for Well D and submit this infonnation to Garfield County Planning staff for review. 11. At first final plat, the Applicant shall conduct a 24 hour pump test on Well D and have the water tested for quality to ensure it meets the Colorado Department of Public Health and Environment's standards. This information shall be submitted to Garfield County Planning staff for review. 12. The Applicant shall plug and abandon the well (Permit No. 160677) when the existing residence located at 3961 County Road 114 connects to the central water system of the subdivision. 5 1111 fll'.i. n~.tl\.i,,~~1¥'111 ·''''llt r111, ,,,r M'N'i?. ~·11 11111 Receptian#: 823748 09/06/2D12 03:38:48 PM Jean Alberico 6 cf 79 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 13. Prior to approval of the· first final plat, the Applicant shall consider additional water loop connections. 14. Prior to the approval of the first final plat submitted for approval subsequent to this Resolution, the Applicant shall meet all applicable Colorado Department of Public Health (CDPHE) regulations for a non-transient, non-community water system. 15. Prior to the approval of the final plat for Block 3, the Applicant shall submit to the State of Colorado a Notice of Intent to impound water for the detention pond east and adjacent to County Road 114 and receive approval from the State. Well Monitoring 16. Lake Springs shall participate with Spring Valley and other land owners in the Spring Valley area in a ground water monitoring program to monitor water levels in the Spring Valley Aquifer, as described in the Memorandwn dated December 6, 2000, authored by Anne Castle and Chris Thome of Holland & Hart attached as Exhibit E to this Resolution. The data collected pursuant to the monitoring program shall be provided to and maintained by the Basalt Water Conservancy District (the "Basalt District"). If and when the monitoring program, or other reliable data and information, provide evidence of a long term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated with decreed water rights owned by Lake Springs, Spring Valley, and the other parties participating in the monitoring program, the Applicant shall cooperate with the Basalt District to identify and implement necessary and appropriate corrective measures which may include: (a) implementation of water conservation measures and/or (b) evaluation of the opportunities for provision of a substitute water supply from a supplement source. Waste Water 17. The Applicant shall comply with the following Spring Valley Sanitation District's (District) conditions including: a. Prior to any final plat approval, the Applicl!J!t shall provide the Spring Valley Sanitation District a complete set of the sewer construction plans for review and approval. b. The Applicant shall adhere to the Spring Valley Sanitation District's service conditions as follows: i. Obtain approval by the District of all required Line Extension Agreements or Line Connection Agreements as required by the District's Rules and Regulations and/or the Pre-Inclusion and Wastewater Treatment Plan Treatment Agreement (PDA); ii. Comply with all of the terms and conditions of the PDA and the District's Rules and Regulations; and, iii. Reimburse the District for all costs incurred by the District regarding this project, including, but not'limited to legal and engineering review, as stated in the District's Rules and Regulations and PDA. 6 1111 W.i. Pi,~"m.i U :1 llfoll II~ l.il~lrll.fW.RIJll4. ~·II. 11111 Reception#: 823748 0!!/05/2012 03:38:48 PM Jean Alberico 7 of 79 Rec Fee:$0.00 Coo Fea:0.00 GARFIELD COUNTY CO Access Permits 18. The Applicant shall make application to the Colorado Department of Transpmtation for an access permit for improvements to the intersection of County Road 114 and State Highway 82. Such application and approved permit shall be tendered with each final plat document; and the intersection improvements shall be included as a public improvement in the subdivision improvements agreement for that final plat. In the event that the County secures a permit with CDOT and constructs improvements to the CR 114/SH 82 intersection prior to any homes being constructed at Lake Springs Ranch PUD, the Applicant will be responsible for a portion of those intersection improvements either equivalent to, or less than, the cost of the improvements that would have been required pursuant to the CDOT permit. For the purpose of determining the Applicant's fair share pursuant to the "equivalent to or less than" clause in the previous sentence, the Applicant will provide for the County's review and approval, an engineer's estimate for the cost of the improvements that would have been required, pursuant to the COOT permit issued to the Applicant. The engineer's estimate will be provided as part of the final plat submission for the first final plat. 19. Prior to the approval of each final plat, the Applicant shall obtain Access Permit from the Garfield County Road and Bridge Department for all applicable Secondary Access roads that intersect County Roads 114 and 115. Roads 20: Roadways: The current preliminary plan application for Lake Springs Ranch PUD proposes five (5) separate accesses onto Garfield County Road 114, hereinafter "CR 114." Notwithstanding any future Board of County Commissioners amendments to current approvals which may be obtained for the currently proposed design of the roadway accesses for the Lake Springs Ranch PUD from CR 114 and the present design of improvements to CR 114 through the Lake Springs Ranch PUD, based on agreements and representations of the Applicant, the Applicant shall adhere to the following criteria. a. Grade of CR 114 at Intersections: At intersections with Lake Springs Ranch development roads, the vertical alignment of CR 114 shall have grades no greater than 5% for a minimum distance of 25 feet as measured from the centerline of the intersecting road. b. Grade of Intersection Road at Intersections: At intersections with CR 114, all Lake Springs Ranch development roads shall have grades no greater than 4 % for a minimum distance of 62 feet as measured from the centerline of CR 114 and not to exceed 6% within 120 feet. c. Angle oflntersections: Intersections shall be designed as nearly to right angles as possible, with no intersecting angles of less than 85 degrees. The centerline of intersecting roads shall be designed with a tangent at the intersection with a minimum tangent length of 60 feet as measured from the centerline of CR 114 to the Point of Curvature (P.C.) on the intersecting road. d. Proximity of Adjacent Intersections: Where two Lake Springs Ranch development roads intersect CR 114, the intersecting centerlines shall be directly aligned, or shall be separated not less than 200 feet as measured between intersection centerlines. In the event that one or both of the intersecting streets requires that CR 114 be provided with auxiliaiy lanes (acceleration and/~r deceleration lanes) as provided for herein, then the intersecting street 7 1111 All'.i.'i,,1\~,ril:11W,ll'IC,lft\LrH~'"'~~ ~"~ 11111 Reception#: 823748 09/06/2012 03;39:4B PM Jean ~lberioo 8 of 79 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO centerlines shall be offset sufficient distauces so that the minimum leugth of the auxiliary lanes, as required for herein, are provided and do not overlap. e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Rauch development roads shall be provided with auxiliary lanes (left deceleration lanes, right tum deceleration lanes, right turn acceleration laues, and left turn acceleration lanes) applying criteria set forth in Section 3.9 of the most current version of the Colorado State Highway Access Code. f. Design Criteria for Auxiliary Lanes: The design of all required auxiliary lanes shall be in accordance with then applicable Garfield County specifications, as applicable, and Section 4 -Design Standards and Specifications of the most current version of the Colorado State Highway Access Code. g. Intersection Sight Distance: At intersections of Lake Springs Ranch development roads and CR l 14, clear zones shall be designed and maintained to provide sight distance for the vehicle on the intersecting road (stop or yield) to observe a moving vehicle on CR 114. The clear zone shall be maintained free of all vegetation and objects taller than 24 inches except for traffic signs. The sight distance shall be measured from a point on the interesting road (stop or yield) which is 10 feet from the edge of pavement on CR 114. The minimum intersection sight distance for intersections with CR 114 based on a 35 MPH design speed shall be 350 teet. h. Access Points: Direct accesses onto CR 114 by individual lots shall be prohibited. No individual lot shall access a Lake Springs Ranch development road within a distance of I 00 feet from an intersection with CR 114, as measured from the nearest edge of pavement of CR 114. i. Utilities and Street Construction: Street aud road construction shall not proceed beyond subgrade preparation until all utilities which are intended to be placed under any part of the street or road are complete, including all service lines, and all utility trenches are backfilled and compacted in accordance with the street or road construction specifications as provided by a certified professional geotechnical engineer registered in the State of Colorado. j. Other Design Criteria: Except as modified above, CR 114 shall be subject to the following design parameters: Garfield County Road 114 Desi•m Criteria Design Capacity (Vehicles Per Day) 2500+ Minimum Right of Way Width 80-feet Type of Surface for Driving Lanes and Asphalt Shoulders Prepared by Registered Geotecbnical Engineer Pavement Design and Subgrade Based On-site Specific Soil Analysis and Stabilization Anticipated Traffic Volume for 20-Year Design Life Minimum Driving Lane Width 12-feet 8 1111 Wfl'i1r~i,,1\i,rf'.~~1•rt~.1r11.rw Ht#ll ~11J. II Ill Reception!!: 823748 09/05/2012 09:39;49 P~ Jean Rlbericc 9 ~f 79 Rec Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO Minimum Shoulder Width 6-feet Ditch Width and Storm Drainage Designed by Professional Engineer to Provide Minimum Hydraulic Capacity to Convey Peak Culvert Flow From 100-year Storm Event Cross Slope 2% to 8% Based on Superelevation Design of Roadway by Professional Engineer Shoulder Slope Identical to Cross Slope Min. Design Speed (Miles Per Hour) 35MPH Minimum Centerline Radius (Feet) Varies with Superelevation Rate of Superelevation: 2% Crown Section 610-feet 2% 470-feet 4% 420-feet 6% 380-fi:et 8% 350-feet Minimum Percentage ofRunout on 80% Tangent Minimum Runout Length (Feet) Varies with Change in Rate of Superelevation Change in Rate of Superelevation: 4% 84-feet 6% 126-feet 8% 168-feet 10% 210-feet 12% 252-feet 14% 294-feet 16% 336-feet Maximum Centerline Grade 10% Minimum Centerline Grade 1% K-Value for Crest Vertical Curve 40 minimum K-Value for Sag Vertical Curve SO minimum 21. A portion of CR 114 is to be re-aligned which is subject to the Garfield County Procedures for Vacating Public Roads and Rights-of-Way. The Applicant shall receive approval of this road vacation prior to recording of the applicable final plat. 22. Prior to first fmal plat approval, the Applicant shall conduct a geotechnical investigation of CR 114 from mile marker 3. I to 100 feet east of the intersection of CR I IS and High Alpine Drive. Based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. Affordable Housing 23. If Tract A is to be subdivided into further separate interests, the Applicant shall tender an 9 1111 Wf/'.i. l\'ti~Jl11.!'~ I~,,, H Mir' lirlfl(lft""r.~·I 11111 Receptianfi: 823748 09/05/2012 03:39:48 POMO DJeanF R~b0e0r0iooG"RFIELD COUNTY CO 10 of 79 Reo Fee:$0. oo ee. . ~ application for the subdivision of the lot. 24. Affordable Housing: The location (on-site, off-site, or a combination of on-site or off-site) of the affordable housing, and an Affordable Housing Agreement reflecting these determinations shall be finalized prior to scheduling the first final plat application submitted subsequent to this Resolution for signature by the Board of County Commissioners. Revisions to the Preliminary Plan 25. The following changes below and redlines sent to the Applicant on 414112 shall be made to the Preliminary Plan sheets prior to the signing of the Resolution. These changes include: a. Add a cul-de-sac that meets ULUR standards to the end of Spring Valley and Rivendell Roads. This revision shall be documented on sheet PLAN-04 of the Preliminary Plan; b. Add the trail to sheets PLAN-0 I -PLAN-07; c. Add an Affordable Housing label to Tract A on sheet PLAN-06; and, d. Identify any access easements to adjacent property owners. Revisions to the Construction Drawings 26. The following changes shall be made the Construction drawings prior to approval of Final Plat including: a. Modify the Typical Special County Road 114 Road Section on Sheet DET-3 to reflect an 80 foot right-of-way; b. Add the trail to the Secondary Access road cross section; c. . Add trail detail to plan set; d. Add to the legend on sheet PHASE the phasing sequence for the subdivision .. e. Add notes to sheet CS2 reflecting that erosion control measures that shall be placed at culverts and along ditches. Add additional permanent erosion control blankets (SC250 or equivalent) to slopes along roadside ditches and ditches conveying water between lots or through open space parcels. These areas where the blankets are required shall be noted on the grading plans. Blankets will be placed where the major storm velocities exceed 5 feet/second. f. Revise the water line profiles in the plan and profile she.ets to avoid low points. g. Provide a detail of a typical roadside ditch/driveway crossing on the detail sheet. h. Fire hydrant locations are shown in the roadside ditches or in steep slopes. The locations shall be modified or details for construction in these difficult locations developed. i. Manhole HARDSSMH-10 is nearly 20-feet deep. This design shall be reviewed for 10 11111r .. riri111"Jlitr~,m1v M1+t:~i.w.t1r.~1111111 Reoeptlon~: 82a748 09/05/2012 03:38:48 PM Jean Alberico 11 of 79 Rec Fee:S@.00 Doc Fee:0.00 GARFIELD COUNTY CO constructability and redesigned. Add notes to the plan to make potential homeowners aware of shallow sewer line mains. j. Many of the proposed lots are below the roads and the sewer lines connections are going to be too low for gravity flow of lower levels. Evaluate the situations where the potential exists for issues with basement gravity sewer and add plat notes and noticing in the closing documents to clarify design limitations related to sewer line depth for potential purchasers of affected lots. k. Remove the high points in the water line proposed for Lakeside Lane and Rivendell Road. I. Add the water line in the profile for Rivendell Road. m. Replace text on sheet MU-1 that references the "City with "sanitation district." n. Between Block 4, Lot 23 and 24 there is an 18 foot deep ditch and sewer line beneath the ditch. This is not practical for a sewer line and needs to be redesigned. o. Provide design information for the sewer line extension that is shown from the end of Lakeside Lane. p. Provide design information for the sewer services for Block3, Lots 17 and 18. q. No gas is shown in the utility trench detail but only one trench is shown on the plans. Include the proposed design for providing natural gas services. Vegetation 27. The improvements included with each final plat will include a revegetation provision for the disturbed areas associated with the improvements for the subdivision, along with security to guarantee that the revegetation has been successful. 28. Prior to the issuance of a building permit from the Garfield County Building Department on single family lots and the multi-family tract, an inventory of the existing vegetation and Harrington's penstemon shall be done by the lot owner and receive a statement of approval from the Development Review Committee prior to building. Historic Preservation 29. Prior to the approval of the final plat for Block 3, the Applicant shall conduct further evaluations of the sites that potentially contain the prehistoric "open camp hearth." This information shall be provided to the Garfield County Planning staff for review. 30. Prior to the approval of the final plat for Block 2, the Applicant shall further investigation the historic value of the structures on Lot 3. This infonnation shall be provided to the Garfield County Planning staff for review. Revisions to the Draft Amended Declaration of Covenants 3 L Prior to the signing of the Resolution, the Applicant shall amend the Draft Amended Declaration of Covenants. These amendments include: 11 1111l".i.llfftlP"Jl1~r·.i11v111i»".MLtra:w1•Nfi'~'' 11111 ReGept!on#: 823748 09/0012012 03:38:48 PM DJeanF Albe0 0r0looGARFIELD COUNTY CO 12 of 79 Rec Fee:$0.00 oc ee: . a. Prior to approval of the Amended Preliminary Plan, the Draft Amended Declaration of Covenants shall be further revised to reference, where appropriate, the existence and maintenance of the gravel pedestrian trail as a Common Element maintained by the Homeowner' s Association. b. Create a section in this document that identifies the lots that might require pressure reducing values and/or booster pumps to increase or decrease interior water pressure. GIS 32. Once each final plat is approved, the Applicant shall provide the Garfield County Planning Department a digital copy of the fmal plat to a standard acceptable to the Garfield Coun1y Information Technology Department. PUD Amendment 1. Prior to the signing of the Resolution, the Applicant shall modify the Draft PUD Development Guide including but not limited to the following: a. Add design criteria for parks/open space, trails, road right-of-ways, and all other land held in common to Section VI. Construction and Alteration of Improvements. LI t: S:: •. ~ Dated this _-. __ day of -~""""'r~r=-f=..a-,.,,...~~~~~---'' A.D. 20 IL ATTEST: COUNTY BOARD OF GARFIELD 12 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: =C=O=MMI~=SS=I=O=N=ER~C=HA~IR=J=O=HN~F~·~MAR~=T=IN~------~''Aye ~C~O~MMI==~SS~I~ONE,....R~MIK~E...,.S~AM=><S~O~N __________ _,.Aye =C=O=MM=l=S=SI=O=NE=R~T~O=M~JANK~=O~V~S=K=Y---------~ Aye STATE OF COLORADO ) )ss County of Garfield ) I, County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, ,now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of A.D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 13 Exhibit 2 – Approved Preliminary Plan ~ ~ 13 ~ " N "! ~ ;; ~ 0 N zi ..: Iii :s a.. ~~~~ of" IE~ -~~ --.. ~~!Iii • .'II' ~ID Q a. 2~ crJ ..J :c "!~~WB ~u ~~ .. ~!> .. ~§ii§~ ~ R 51~ ztn llfz., .. a §t!> ~g;;~ I~ i~2 ~~ It .. ~ D. ,.a§g15 fl) D~ of~ I.LI ~iii Sl ~ ~ """'"!jB s l!!~~ i!1~ ~j!:g~ ~ z~ ~~· 8 ~ 8 ~ .: ~ l5 ... 0 ~ ~ a ~ ~ < I ! ~ l mw··;:;i:; ,.,.,.,,;;;;;:;:·:::;;;;::: ;;;;·;;·;mi;~:::;; ;;·;;;;;;miiii;m;::~m;;;;:!~:;; -~iiiiiiiii!i~'i'' i ~1,~1.Jil~4~1,1.~ ,l,,J,1,A,l,.\~1,:,J,J.,J,,J,J..\n.:i:~ ......... 1,1,;tl;X .u.ult:t~uu.u.i.:t:t:ta H~UHJ.J.J.J..\.\H~~.IUJ.J,.\U.\AAJ.oV.fi~AJ. ~~oHHmmo~oUOH~J~ ~ !i!l!!i!!l!l!l !ll!!lil!!!i!l!l!iliillllil ii!ilil!!l!!!!i!!lll lllilililii!!!lliii!!!llll!!!l!lllli! iil!ill!Hiiliiiiiii i ""'"""'""'~,......, ..... c L9l5l"ilZBoorr-1 d :i a: :c ~~ t,, ll C> az o:-~a:: D. 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'l13'1W1'31111lUr.'11'3llW"IUl.li"I ":JNI 'SNl!l:&N19N'3 Alil.NnO:> H91H ' ' I ! ' ~ : I !s . 1g i .. ' ~ldiilh 1 .• 1 I:; I~~~ .. ;,.1"'' 1m1 = I• I I -m I II~: I '"''" ;,~ HCIO'DN2mlf'MMM lllllHN(lla)JC.Y,d·-IN9)BlQHol -·· go .__.. .. DOMN;r'lll' •ro1 :U.'imH!IAYDY"m 1;1•1 ~I '9NRl38Nl£)N'S All.l.Nno::> HDIK 0 " /'.: z 8 l'llO:»'!Jle:>H"MlllM -c-xv.i·•-.couiDmi.i 10.HGO~llOOMNll"l:=I 'IOla&ll ... llNllAYJDIY"l&LIDJ I = 'I' i I " I : 11 I I " I ! I 1 ; 1111 •I ! Exhibit 3 – 2013 Time Extension Resolution (2013-29) 1111 W.i. t'i,1IPJl,l'\IV.t¥1t IW ~~WlitX!MR'lil\j ~,, 11111 Reception~: 834952 05107/2013 0F9:18$0:52 •• R"oocJ•F·.~.~l~~ra~~FIELD COUNTY co 1 of 3 Rec ea: . . · STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 15th of April A.D. 2013, there were present: "'Jo,,,,h..,n ...... M,.a..,rt.,.i.,n _____________ , Commissioner Chairman ""M,,..i,,.ke"'""'Sam..,..s.,o,.n,__ ____________ , Commissioner -"T-"'o,,.m...,J..,,a,.nk..,o...,v_,,sk,,_y,__ ___________ , Commissioner ..,An.,,,.dre-=w'"-'G.,o..,r"'g,,,_ey,__ __________ ~, County Manager ~F=ran=k~H=u=tfl=e=s~s-----------~ County Attorney Jean Alberico Clerk of the Board ~~~==~-----------~ when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. d0/3-.i 7 A RESOLUTION OF APPROVAL FOR A ONE (1) YEAR TIME EXTENSION FOR THE LAKE SPRINGS RANCH PRELIMINARY PLAN AND PLANNED UNIT DEVELOPMENT, ON A 459.38 ACRE PROPERTY OWNED BY THE BERKELEY FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP LOCATED APPROXIMATELY 3.5 MILES SOUTHEAST OF GLENWOOD SPRINGS, COLORADO IN SECTIONS 32, 33, AND 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST AND SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6™ P.M., GARFIELD COUNTY PARCEL NO.s # 2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a one (1) year time extension to satisfy the conditions of approval for the Lake Springs Ranch Preliminary Plan and PUD which is further described in Resolution 2012- 80, recorded at Reception No. 823748. B. The Lake Springs Ranch subdivision is located within a 459.38 acre parcel of land owned by The Berkeley Family Limited Liability Limited Partnership. C. The subject property is located within unincorporated Garfield County in a Planned Unit Development (PUD) zone district, approximately 3.5 miles southeast of Glenwood Springs, Colorado on County Road 114. J 1111 l\l'.i. l'•'1l~Jl,Hll~ M 111111 ,lwO:N!Vr¥1:~/f It'~.*'~ 11111 Reception#: 834952 05/0712013 09:18:62 AM Jean A1berioo 2 of 3 Rec Fee:$0_00 Doc Fee:0.00 GARFIELD COUNTY CO D. During the regular public meeting on the l 51h day of April, 2013, the Board determined whether a one (I) year extension to complete the Preliminary Plan and PUD conditions of approval should be approved, approved with conditions or denied, during which meeting the public and interested persons were given the opportunity to express their opinions regarding the request. E. The Board, on the basis of substantial competent evidence produced at the aforementioned meeting, has made the following determinations of fact: 1. Proper notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The Applicant has demonstrated that a one (1) year time extension for the Preliminary Plan and PUD is necessary in order for the Applicant to meet the conditions of approval. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the Resolution. B. A one (1) year extension, to and including April 16, 2013, to satisfy the conditions of approval for the Lake Springs Ranch Preliminary Plan and PUD is hereby approved. Dated this _&,"--~--day of __ f'lil~~~-------'' A.O. 20_1.3 __ ATTEST: ~eBoard GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO BOARD Of GARFIELD 2 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ~C=O"-'MM=I=S=S=IO=N.,,..E,..R._C""HA~=IR~J~O=H=N~F.~MAR~~T~I~N~-------'' Aye =C=O=M=M=I=SS=I=O~N=E=R~M=IK~E~S~A=M=S=O~N~---------~·Aye =C=O"-'MM=I=S=S=IO=N.,..E,..R._T""'O""M~J~A~N"'K=O~V~S=K~Y~---------'' Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, l have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of A.O. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 3 March 5, 2014 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Authorization to Represent To Whom it May Concern: By this letter, Berkeley Family Limited Liability Limited Partnership hereby authorize TG Malloy Consulting, LLC to represent us in matters related to a second request for time extension on the 2012 PUD/Preliminary Plan Amendment approvals (Resolution 2012-80) for the Lake Springs Ranch PUD property locat.ed in Garfield County. This authorization includes the preparation and submission of documents associated with the request for time extension and representation before the applicable appointed and elected boards. Sincerely, Berkeley Family Limited Liability Limited Partnership 1i~L0/ Miriam Berkeley, General Partner cc: Tim Malloy 1111 w. t1 :.i1 .. irl\1 ,Ml~ ~,~ ,r111 r.~•~~rm,,~~~r11.r~.1•,~~11 111111 Reception~: 808425 . 09/23/2011 09: 19:46 AM Jean Alberico 1 of 1 Rec Fee:$11 .00 Doc Fee:0 00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is Berkeley Family LLLP. TYPE OF ENTITY: The entity is a Limited Liability Limited Partnership formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 3961 County Road 14, Glenwood Springs, Colorado 81601. AUTHORIZED PERSON: The name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is follows: Name Position Miriam M. Berkeley General Partner LIMITATIONS: None. Dated this Miriam M. Berkeley, General Part er STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing instrument was subscribed, sworn to and acknowledged before me this 14 rf:~ day of 'S_D-4:_vv~"" , 2009, by Miriam M. Berkeley as General Partner of Berkeley Family LLLP. WITNESS my hand and official seal. My Commission expires: _..:_Z_-_(--'----'-=- After recording return to: Dan , .C. () \d~\lkrk<·i<-y\F!'IS l~tl .\\1 1 il frrn 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601