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Home My WebLink About1.00 Application and Project Description:It BALCOMB &GREEN WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESH 1953 February 15, 2017 Chad}. Lee ()ffice(970)945-6546 Direct (970) 928-3469 clee@balcombgreen.com VIA HAND DELIVERY TO: David Pesnichak, Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: First Amended Final Plat Pinyon Mesa Subdivision Filing 4 Open Space A, and Lots 51, 54 54 55, 61, 64 Pinyon Mesa, Filing 2; Final Plat Application Dear David: On behalf of PMGC 2, LLC ("PMGC"), enclosed are three paper copies and a thumb drive of the First Amended Final Plat Pinyon Mesa Subdivision Filing 2, Open Space A, and Lots 51, 52, 53, 55, 61, 62, Pinyon Mesa, Filing 2 Application. This Application contains the following: A. General Application Materials: 1. The County's Divisions of Land Application Form, which has been completed and executed by Ronald Norman as Manager of PMGC 2, LLC and our check in the amount of $100.00 which we understand to be the appropriate application review fees; 2. Warranty Deed to PMGC 2, LLC; 3. Title Commitment; 4. A Statement of Authority indicating that Mr. Norman has the authority to act on behalf of PMGC 2, LLC; 5. An executed Payment Agreement form; 6. Letter of Authorization from PMGC 2, LLC; 7. Resolution of the Board of Directors of the Pinyon Mesa HOA consenting to and authorizing the attached Amended Final Plat application by PMGC 2, LLC; 8. An executed Payment Agreement form; 9. Pre-Application Conference Summary; 10. List of property owners within 200 feet and the mineral owner; 11. A current vicinity map; and 12. Proposed First Amended Final Plat of Pinyon Mesa, Filing 2, Open Space A, and Lots 51, 52, 53, 55, 61, 62, Pinyon Mesa, Filing 2. ASPEN I BASALT I GLENWOOD SPRINGS I LAMAR Post Office Box 790 I Glenwood Springs, Colorado 81602 I 800.836.5928 I 970.945.6546 BalcombGreen.com David Pesnichak February 15, 2017 Page2 of 2 This Application is consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3, and will not result in any change to drainage, access, utilities, or any other applicable Subdivision and Article 7 topics. Additionally, I have confirmed with the Garfield County Attorney's office that it has no objection to this application with regard to any impact on the Improvements Agreement, Treasurer's Deposit Agreement, and Agreement Restricting the Transfer of Lots. Thank you very much for your attention to this Application. As always, we look forward to working with you to process this request. CJL /be Ends. cc: Ronald Norman Sincerely, ASPEN I BASALT I GLENWOOD SPRINGS LAMAR ~ Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com TYPE OF SUBDIVISION/EXEMPTION D Minor Subdivision Major Subdivision D Sketch D Preliminary D Final Conservation Subdivision D Yield D Sketch D Preliminary D Final D Time Extension INVOLVED PARTIES . -· ---·-· ---· Owner/ Applicant Name: PMGC 2, LLC DIVISIONS OF LAND :~ APPLICATION FORM I I D Preliminary Plan Amendment l!J Final Plat Amendment D Common Interest Community Subdivision D Public/County Road Split Exemption D Rural Land Development Exemption ... -- Phone: ( ) Malllng Address: 6300 Ridglea Place, Suite 900 City: Fort Worth State: TX Zip Code: 76116 E-mail: rrnorman@sbcglobal.net Representative (Authorization Required) Name: Chad Lee, Esq. Phone: (970 )945-6546 MalllngAddress: Balcomb & Green, P.C., 818 Colorado Avenue City: Glenwood Springs State: CO Zip Code: 81601 E-mail: clee@balcombgreen.com PROJECT NAME AND LOCATION Project Name: Pinyon Mesa, Final Amended Plat of Lot 51, Lot 52, Lot 53, Lot 55, Lot 61, Lot 62, and Open Space A Assessor's Parcel Number: 2393 -071 -06 -051 * ------------ Physlcal/StreetAddress: TBD Pinyon Mesa, Glenwood Springs, CO 81601 Legal Description: Lots 51, 52, 53, 55, 61, 62 and Open Space A , Pinyon Mesa Filing 2,according to the plat thereof recorded September 20, 2016 as Reception No. 882620 in the records of Garfield County, Colorado. zone District: Planned Unit Development Property Size (acres): TBD Project Description Existing Use: 6 Single Fam ily Lots and 1 Open Space Parcel within Plnyon Mesa Subdivision Filing 2. • 2393-071-06-051, 2393-071-06-052, 2393-071-06-053, 2393-071-06-055, 2393-071-06-061, and 2393-071-06-062 (Assessor's Parcel Nos .) Proposed Use (From Use Table 3-403): Same use Description of Project: The application seeks to adjust the property boundaries between Lots 51, 52, 53, 61, 62 to remove a corridor between the lots wh ich Applicant now understands to be unnecessary. This app li cation also seeks to add a utility easement to Lot 55 . Proposed Development Area Land Use Type #of Lots #ofUnits Acreage Parking Single Family 6 TBD Duplex Multi-Family Commercial Industrial Open Space 1 TBD Other Total 7 TBD REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Im provements Agreement Section: CC&R Section: Section: Waiver of Standards LI The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section : Section: and have provided the required attached information which is tnlFn.iffiac+ '* my knowledge. OFFICIAL USE ONLY File Number: ____ -___ _ Fee Paid:$ ___________ _ :It BALCOMB &GREEN WATER LAW I REAL ESTATE I LITIG ATION I BUSINESS un 1953 March 8, 2017 Mr. David Pesnichak Garfield County Community Development Department Planning Manager 108 8th St. #401 Glenwood Springs, CO 81601 ChadJ. Lee Office (970) 945-6546 Direct (970) 928-3469 clee@balcombgreen.com Re: Application for First Amended Final Plat Pinyan Mesa Subdivision Filing 2, Open Space A, and Lots 51, 52, 53, 55, 61 62, Pinyan Mesa, Filing 2-PMGC 2, LLC Dear Dave: Thanks for your letter dated February 22, 2017 requesting additional information to complete our application on behalf of PMGC 2, LLC for an Amended Final Plat of Pinyon Mesa Phase II. Below are responses to your requests for information. 1. Enclosed is a bullet list of the changes per your request. 2. Enclosed is a plat which identifies existing conditions as well as proposed conditions. 3. Enclosed are the covenants for the entire Pinyon Mesa Subdivision. Note that Pinyon Mesa Phase 2 is part of the same HOA as Pinyon Mesa Phase 1. PMGC 2, LLC began paying assessments immediately upon approval of the Phase 2 Final Plat, and since that approval Ronald Norman, the manager of PMGC 2, LLC, has been nominated and accepted a position on the Pinyon Mesa HOA Board of Directors. The HOA has considered and approved this request as a technical or clerical modification pursuant to C.R.S. § 38-33.3-205(4). 4. Enclosed is a title commitment which includes Lot 55. 5. We have satisfied our statutory duty regarding mineral owners. The Garfield County Land Use and Development Code require an Applicant to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-101 "as such owners can be identified through records in the office of the Clerk and Records or Assessor, or through other means." GCLUDC 4-101(E)(4). Section 24-65.5-101 requires that an applicant notify a ASPEN I BASALT I GLENWOOD SPRINGS I LAMAR Post Office Box 790 I Glenwood Springs, Colorado 81602 800.836.5928 I 970.945.6546 I BalcombGreen.com David Pesnichak March 8, 2017 Page 2 of 2 mineral estate owner who either (1) is identified as such by the county tax assessor's records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do not identify any mineral estate owners, including their addresses of record, "the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations .... " On February 2nd we conducted the following tasks: a. We researched the Garfield County Clerk and Recorder's index of mineral owner requests for notification per C.R.S. § 24-65.5-101 and confirmed that no mineral owner for the subject property has filed a request for notification; and b. We also researched the Garfield County Clerk and Recorder's records and pulled a Mineral Deed conveying a portion of the mineral estate to Ronald R. Norman Special Estate Trust Dated March 8, 1996, as Amended and Restated on December 30, 2013, which deed was recorded on September 19, 2016 as Reception No . 882551. Please let us know if you need any additional information to issue a finding of technical completeness. Sincerely, ChadJ. Lee CJL /be ASPEN I BASALT I GLENWOOD SPRINGS LAMAR FIRST AMENDED FINAL PLAT PINYON MESA, FILING 2 OPEN SPACE A, AND LOTS 51, 52, 53, 55, 61, 62, PINYON MESA, FILING 2 Lot 51:  Eliminated corridor between Lots 51 and 52 which increased the Lot size from 0.33 acres (14,553 sq. ft.) to 0.43 acres (18,727 sq. ft.) Lot 52:  Eliminated corridor between Lots 51 and 52 which increased the Lot size from 0.34 acres (14,629 sq. ft.) to 0.42 acres (18,317 sq. ft.) Lot 53:  Eliminated corridor between Lots 51 and 52 which increased the Lot size from 0.33 acres (14,536 sq. ft.) to 0.41 acres (17,706 sq. ft.) Lot 61:  Eliminated corridor between Lots 61 and 62 which increased the Lot size from 0.25 acres (10,895 sq. ft.) to 0.27 acres (11,917 sq. ft.) Lot 62:  Eliminated corridor between Lots 61 and 62 which increased the Lot size from 0.25 acres (11,022 sq. ft.) to 0.28 acres (12,042 sq. ft.) Open Space A:  Prior acreage was 21,391 acres ± and it will now be 21.090 acres ± due to the removal of corridors between Lots 51 and 52 and Lots 61 and 62 Lot 55:  Created a new five-foot (5') utility easement on south boundary lot line. The lot size did not change and remains at 0.34 acres (14,648 sq. ft.)