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Home My WebLink About1.02 Correspondence,- March 19, 2008 David Smith Garfield & Hecht, P.C. 420 Seventh Street, Suite 100 Glenwood Springs, CO 81601 RE: Pinyon Mesa Filing 1 Plat Amendment Dear Mr. Smith: Garfield County BUILDING & PLANNING DEPARTMENT The purpose of this letter is to notify you that the application submitted for a "Plat Amendment" (Pinyan Mesa Filing 1) has been deemed technically incomplete. In order to continue the review of your application the following items must be addressed: 1. The owner of each lot affected by the proposed Plat Amendment shall be a co-applicant. §6.9 Other Reserved Development Rights states "Subject to compliance with any applicable County requirements, Declarant reserves the right with respect to all or any Declarant-owned portion of the Common Interest Community to (a) create Association properly; (b) create additional Lots, subject to the maximum set forlh in the Pinyan Mesa P.U.D. Plan; (c) combine Lots; (d) converl Lots into Association properly; (e) converl Association property into Lots; (f) create common elements and/or limited common elements; (g) reconfigure Lots, streets, andior limited common elements; (h) amend the Pinyan Mesa P.U.D. Plan. The requested Plat Amended is not limited to Declarant-owned Common Interest property. Staff has reviewed this section with Garfield County Legal Staff and it has been determined that each lot owner shall be a co-applicant; 2. An agreement for payment form shall be completed and signed by each applicant; 3. The Owner's Certification is incorrect. The correct certification can be found in Garfield County Subdivision Regulations of 1984; 4. All Plat Notes from the original filing of Pinyan Mesa Filing 1 shall be depicted on the Amended Plat. The note identifying the original filing is not adequate; Please do not hesitate to contact this office should you have any questions. Best regards, ~/} Craig Richardson Senior Planner Cc: John Elmore / 108 Eighth Street, Suite 401 • GlenwoodSprings, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 \ ) ASPEN OFFICE 601 East Hyman Avenue GARFIELD &HECHT, P.C. Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 (Vial HAND DELIVERY Fred Jarman ATTORNEYS AT LAW Since 1975 wwW.garfieldhecht.com February 18, 2008 Garfield County Building & Planning Department 108 8th Street, Suite 40 I Glenwood Springs, CO 8160 I Re: Pinyon Mesa Filing 1 Dear Fred: AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE River View Plaza I 00 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 David D. Smith Glenwood Springs Office dsmith@gat:fieldhecht.com I understand that you have previously spoken to John Elmore concerning the attached application for an Amended Plat for Pinyon Mesa, Filing I. Pinyon Mesa Development, Inc. has received requests to construct buildings on the site that, while compliant with setbacks and lot coverage, would extend past the boundaries of the approved building envelopes depicted on the Final Plat. The goal of this amended plat is to enlarge the building envelopes for those lots (6-17, 20-36 and 43-44) where this problem is anticipated. The new building envelopes still comply with the approved setbacks, and the lots will be subject to the overall approved lot coverage requirements. There are no other changes proposed to the plat whatsoever, and this Amended Plat will otherwise be bound by all of the requirements of the approved Final Plat. There is no increase in the number of lots or dwelling units, nor are there any relocations or additions of new roads. Accordingly, we would request that this matter be placed on the consent calendar, as per Section 6:00 of the subdivision regulations, and as specifically laid out in Section LA. I of the Procedural Requirements found in the amended plat application packet. As called out on the certificates on the plat, some of the affected lots are still owned by Pinyon Mesa Development, Inc., and some have been sold to third parties. The Homeowner's Association is still under declarant control, and the CC&Rs specifically grant the declarant the power to act as attorney-in-fact for the purpose of amending or correcting the plat. Per Section 2.18 of the CC&Rs, the declarant is Pinyon Mesa @ Printed on recycled paper GARFIELD & HECHT, P.C. Fred Jarman February 18, 2008 Page 2 of2 ) Holdings, LLC and Pinyon Mesa Development, Inc. Please find copies of the relevant provisions of the CC&Rs enclosed. After your review, please do not hesitate to contact John Elmore or myself with any questions you may have. Thank you. DDS/II Enclosures Cc: John Elmore 245432-1 '\ ! ) 1111 ~ l'll'11i"l:1Hll.Nil .1111(.~UWll Ml fill"fll ~·~ 11111 Reception#: 734762 10/08/2007 02:07:40 Pl'I Jean Alberico 1 of 99 Reo Fee:$496.00 Doc Fea:0·.0i) GRRFIELD COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINYONMESA 1111 WP'i.F:~u·.~:.:1~.l~M,1,11'~1.ll(I~~ ~·~ 11111 Reception~: 734762 1010812007 02·07·40 PM Jean Alberico 13 of 99 Rec f"ee~$496.00 Doc Fee:0.00 GRRFIELD COUNTY CO ) powers of the Association. Jn the event that any common services furnished to the Common Interest Community are part of services that are provided to or benefit property in addition to the Common Interest Community, Common Expenses shall only include the cost of such services reasonably allocated to the services provided to the Common Interest Community. Section 2.15 Common Ioterest Community. "Common Interest Community" means all of the land area as shown on the Plat together with all Improvements and other amenities now or hereafter located thereon, and together with all easements, rights, appurtenances and privileges belonging or in any way pertaining thereto, plus any additional real property annexed thereto and/or minus any real property withdrawn therefrom. Section 2.16 ·Colorado State Forest Service Wildfire Hazard Letter. A letter dated August 28, 2006, from the Colorado State Forest Service relating to the Common Interest Community which sets forth the standards for mitigating wildfire hazards in the Common Interest Community. Section 2.17 County. County means Garfield County, Colorado. Section 2.18 Declarant. "Dcclarant" means Pinyon Mesa Holdings, LLC and Pinyon Mesa Development, Inc., their successors, assigns, and affiliates. A Person shall be deemed to be a "successor and assign" of Declarant if specifically designated in a duly recorded instrument as a successor or assign of Declarant under this Declaration and shall be deemed a successor and assign of Declarant only as to the particular rights or interests ofDeclarant under this Declaration which are specifically designated in that written instrument. The term "affiliate of Declarant" shall have the meaning set forth in Section 38-33.3-103(1) of the CCIOA. Section 2.19 Deed of Trust. "Deed of Trust" means a Mortgage. Section 2.20 Declaration. Declaration shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for Pinyon Mesa, recorded in the real property records of Garfield County, Colorado in Book Ji..fr_ at Page N /lr-· as Reception No. "1 :'.> "-/7(,J. , as it may be amended or supplemented from time to time. Section 2.21 Desie;n Guidelines. "Design Guidelines" means .the rules, procedures, standards, guidelines and requirements promulgated from time to time by the Design Review Committee, and all amendments thereto, governing the review and approval or disapproval of proposed Improvements within the Common Interest Community, the registration of builders, and such other matters as the Design Review Committee considers necessary or appropriate, which are avallable from the 6 ) herein as we'! , ; 0r less those so designated on any supplemental Declaration or supplementol I .. :t (or any amendment to a Declaration or Plat) relating to any real . property whicL :< armexcd or withdrawn pursuant to this Article VI. References to this Declarath·: 3hall mean this Declaration as so supplemented or as amended. Every Owner ol' a Lot in the area annexed to the Common Interest Community shall, by virtue of ownership of such Lot, be a member of the Association and shall be entitled to the same rights and privileges and subject to the same duties and obligations as any other Association Member. Regular Assessments for Lots within the Ann<;xed Property shall commence as of the date of the Recording of the supplement to the Declaration and shall be prorated as of such date. The Record in" A amendments to the Declaration and Plat, whether in the form of supplement." r:. , •. ! Plats or otherwise, which reallocate the allocated interests in the Common II\'.<::. t Community, shall automatically: (!) .,, est in each existing Owner the reallocated allocated interests appurtenant to ;he Owner's Lot; and (2) Vest in each existing Mortgagee a perfected security interest in the reallocated All0catcd Interests appurtenant to the encumbered Lot. Section 6.7 Subdivision of mocks or Lots. Declarant shall have and hereby reserves the right to subdivide a·iy Declarant-owned Lot located within the Common Interest Community tc .·rcate additional Lots, Association Property, and/or streets, provided, h,;v: "1er, that such subdivision is consistent with the Pinyan Mesa PUD Plan and that ':c subdivision is accomplished in compliance with County subdivision n , cirements. Upon the subdivision of any block or Lot in accordance with the term .. md conditions contained herein, the Allocated Interests of all Owners shall h; reallocated in accordance with the definition of Allocated Interests contained in tiiis Declaration. Section 6.8 Transfer of Additional Property to Association. The right, but not the obligation, to transfer additional real and personal property, and Improvements thereon, to the Association from time to time in furtherance of this Declaration. Section 6.9 ; Other Rescr;:•;d Development Rights.' Subject to compliance with any applicable 'County requiP·n1ents,. Declarant reserves the right with respect to all or any Declarant'cw. •:d portion of the Common Interest Community to (a) create Association p>1 .pcrty; (b) create additional Lots, subject to the maximum set faith 'in (he Pinyon '~ksa P.U.D. Plan; (c) combine Lots; (d) convert Lots into · Association ;o: "'perty; (e) convert Association property illt()Lots; (t) create,' coml1lon elell' cnts and/or limited common elements; (g) reconfigure Lots, streets, .and/or Association property; and (h) amend the Pinyon Mesa P.U.D. Plan.' 42