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Home My WebLink About1.01 Supplemental ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Owner/Applicant Name: RE c).Quktgtvw.,-A- Phone: 070 ) (35 -Lice Mailing Address: 2-( re- a� City: Cc1ak.;u ctQc rj5 State: (I, Zip Code: 816 cj E-mail: Y�'- e 1 u,r,. cry • Preliminary Plan Amendment • Minor Subdivision Major Subdivision PROJECT NAME AND LOCATION IR Final Plat Amendment • Sketch • Preliminary ■ Final Legal Description: c.S1c7�,t.ecAlcv1 ~ 7 ..p ' 7 gp+t- ;BO bc•itt icrl % Ph., r, ,.1 fin,rL&a P4 L- A • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield ■ Sketch • Preliminary ■ Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: RE c).Quktgtvw.,-A- Phone: 070 ) (35 -Lice Mailing Address: 2-( re- a� City: Cc1ak.;u ctQc rj5 State: (I, Zip Code: 816 cj E-mail: Y�'- e 1 u,r,. cry Representative (Authorization Required) Name: (. X',04 ()11.LC'a Phone: (`r 70 ) ,3 3L) ---(logo Mailing 2-t CV- ['Zlp (Address: City: (��PAu.-cx:ciI C t�iS State: Cc) Zip Code: 81(.001 E-mail: SCe;14(4\W c1 jeq tkofe sin,l, l PROJECT NAME AND LOCATION Pro1e,ct Name: V tsk kA -L. -.-A 3- Phi a Assessor's Parcel Number: 3_49' 3 - 0 1 - o _. - _(2. 0 Physical/Street Address: Legal Description: c.S1c7�,t.ecAlcv1 ~ 7 ..p ' 7 gp+t- ;BO bc•itt icrl % Ph., r, ,.1 fin,rL&a P4 L- A Zone District: pv;(-7., Property Size (acres): 33.'7' 0 Project Description Existing Use: 2 �cl BUD i�n -C teTvkeX- Si`slzlil;,cep.1 Proposed Use (From Use Description of Project: 'IQ Table 3"-403): ktc1-APAStII lcSS ►� Qii i CIA f iNi�tP ,, L. h) J._ (-C; e.„ e �‘,6, cup ,,,,,4,,, �,,) 4- col ll,s 4,„, 5 �Un 3 .. l �; Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 32_ Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements El The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements bove li nd have provided the required attached information which is correctand accurate to -t a est of y knowledge. i II ! . ' / ( n w �-7-At, Signature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GAI FIELD COUNTY (`COUNTY") and;�Property Owner ("APPLICANT") ��Cc.t4 D1thr 4): t' i ,� E f"\e n,4t�n� C'�_rn agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: 1-kcc.k_ Phone: H7v) .'39 -gal° Billing Contact Address: 2_i (_CZ V2 -lo City: C-kil ,isState: Cc_, Zip Code: I (L C I Billing Contact Email: jCc;{ 1'c`��; circ' z -AW r LgYvi,a+(. Printed Name of Person Authorized toign: \,1I /-27- 3004,1- (Signature co -I -4 - (Signature) (Date) Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-07-106-001 OWNER: RE Development Corp. REPRESENTATIVE: Scott Dillard PRACTICAL LOCATION: On County Road 114 near CMC TYPE OF APPLICATION: PUD Amendment — Los Amigos DATE: December 10, 2015 I. GENERAL PROJECT DESCRIPTION The applicant, representing Pinyon Mesa Subdivision also known as Phase 3F of the Los Amigos PUD, would like to modify the phasing and timeline associated with the approval of the Los Amigos PUD. Phase 3F was approved for 80 high density single family lots in the lower valley area of Los Amigos Ranch PUD of which a portion 48 residential lots have been platted in a Pinyon Mesa, Filing 1. 32 lots remain to be platted as part of Filing 2. The Los Amigos PUD was last modified in 2006 by Resolution 2006-16 that required Phase 3F to be commenced by December 31, 2008 and completed by December 31, 2010. The commencement of this phase has previously been extended at least twice from its original commencement date of 2002. The first extension was approved by Resolution 2004-05 changing the date from 2002 to 2005. A second extension was granted from 2005 to December 31, 2008. Because the commencement of Pinyon Mesa (Phase 3) was initiated prior to the 2008, it is now the completion date of December 31, 2010 that the application would like to modify in order to extent the ability to complete Filing 2 of Pinyon Mesa. 2 A B Approx 38 lots on Road A and (1) lot adjacent to Filing 2 Approx 45 lots on road A near water tank and on Road B December 31 7 996 December 31, 1999 December 31, 1999 December 31, 2002 2 2 c D Approx 45 lots through second draw, Road D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 1999 December 31, 2005 December 31, 2008 2 3 E F Remainder single family lots, rural residential lots and neighborhood commercial 80 high density single-family lots in Lower Valley December 3i. 1999 December 3I, 2008 December 31.2010 December 31, 2010 33 93 06 410001 230305310D02 21939650601 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The process to amend the Agreement is a PUD MON \ amendment subject to Section 6-203 of the 93115305 [0 3 305[0 County's Land Use and Development Code. The LUDC provides in Section 6-203.A.1. that in "All cases the following will be deemed a Substantial Modification: Modifications to an approved phasing plan." 930710100 2393D7100002 f Applicable section of the Garfield County Land Use and Development Code, as amended, include: 4-101 Common Review Procedures 6-203 PUD Amendment Table 6-301 — Application Submittal Requirements III. REVIEW PROCESS The process for a Substantial Modification to an approved PUD requires the following: A. Pre -application Conference. B. Director determines based on Section 6-203.6.1. that the application is a Substantial Modification. The Director shall determine the contents of the application submittal. C. Application Submittal (three paper copies and one CD). D. Completeness review. E. Schedule Planning Commission Public Hearing F. Additional copies of submittal requested and sent to referral agencies. G. Notice conducted pursuant to Section 4-101.E.(2)-(4) and shall include notice to all property owners of record within the PUD. H. Evaluation by Director/Staff resulting in a Staff Report. I. Public hearing conducted with the Planning Commission for review and recommendation. J. Schedule Board of County Commissioners public hearing. K. Public hearing conducted with Board of County Commissioners to make a final decision. L. If approved, an amended PUD plan and all associated document shall be recorded within 30 days from the date of an approval. Referral will be sent to the following agencies: The need for referral agency comments will be determined upon review of the application and may include Pinyon Mesa HOA, Elk Springs HOA, Red Canyon Water and Sanitation District. lie Unite — "IMMO —.andad,- SITE ACCESS Remaining portion of Pinyon Mesa Subdivision to be platted IV. SUBMITTAL REQUIREMENTS A. General Application Materials a. application form and fee b. agreement to pay form c. proof of ownership (deed) d. Statements of Authority or other Authorization to file application e. List of all property owners within 200 feet of the PUD as well as mineral owners on the subject site, and names and mailing addresses of all owners within the PUD f. vicinity map g. project description B. Amendment Justification Report. C. Draft revised PUD Plan V. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300.00 + additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ TBD Total Deposit: $300.00 Disclaimer This summary is valid for a period of 6 months. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: 12/11/2015 Tamra Allen, Planning Manager Date recorded Electronically C' b� iOUttt1/ C9��ie � � �� v Date t a\ -?A.k) Time 10: 22-: q Simpl file.com 800.460.5657 SPECIAL WARRANTY DEED Roaring Fork Real Estate Solutions III, LLC, a Colorado limited liability company, whose address is c/o Alpine Bank, 600 East Hopkins Avenue, Suite 001, Aspen, Colorado 81611, hereinafter referred to as "Grantor," acknowledges the receipt of good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, from RE Development Corp., a Colorado corporation, whose address is 21 County Road 126, Glenwood Springs, Colorado 81601, hereinafter referred to as "Grantee," and hereby bargains, sells and conveys to Grantee the real property and appurtenances situated in the County of Garfield, State of Colorado more fully described in attached Exhibit "A," incorporated herein by this reference as if set forth at length. Grantor WARRANTS THE TITLE to Grantee, Grantee's heirs and assigns, against all persons claiming to hold title by, through or under Grantor, except for reservations, restrictions, easements, rights-of-way of record and those exceptions more fully described in Exhibit "B," attached hereto and incorporated herein by this reference as if set forth at length, and the lien of general property taxes for the year 2013, payable in 2014. Grantor further warrants to Grantee, Grantee's heirs and assigns, the quiet and peaceful possession of the real property. IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed by its Manager on December 11, 2013. Roaring Fork Real Estate Solutions III, LLC, a Colorado limit- e ability company By: Bill W i e, Manager ACKNOWLEDGMENT STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing Special Warranty Deed was acknowledged to before me by Bill White as Manager of Roaring Fork Real Estate Solutions III, LLC, a Colorado limited liability company, on December 11, 2013. Witness my hand and official seal. My commission expires: ,�'-1 \1� ASHLEY KAYE WILLIAMSON Notary Public State of Colorado Notary ID 20134037662 My Commission Expires Jul 17, 2017 1kLa&1 Notat`y Public 6 4- Exhibit "A" - Legal Description Parcel 1: A tract of land situate in Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado being more particularly described as follows: Beginning at the SW Corner of Lot 11 of Said Section 7 Thence, N 00 Degrees 32'01" E, 676.97 feet along the West line of said Lot 11 to these corner of Van Rand Park, County of Garfield, State of Colorado according to the Plat thereof recorded as Reception No. 265177 of the records of the Clerk and Recorder of Garfield County, Colorado; Thence N, 00 Degrees 36'37"E, 302.75 feet along the East line -of said Van Rand Park, and a Northerly Projection thereof, to a point being 30 feet Southerly of the centerline of the paved surface of County Road 114; Thence along a line 30 feet Southerly of the centerline of the paved surface of County Road 114 the following courses; thence, South 40 degrees 18'31" E, 166.87 feet; Thence 515.89 feet along the Arc of a 334.71 feet radius curve to the left, having a central angle of 88 degrees 18'40" and subtending a chord bearing 84 degrees 27'51" E 466.32 feet; Thence, N 51 degrees 22'49" E, 137.77 feet; Thence 297.88 feet along the Arc of a 2805.91 feet radius curve to the Right, having a central angle of 6 degrees 04'58" and subtending a chord bearing N 54 degrees 25'18" E 297.74 feet; Thence N, 57 degrees 27'47" E, 1.28.76 feet; Thence 287.77 feet along the arc of a 299.84 feet radius curve to the right, having a central angle of 54 degrees 59'28" and subtending a chord bearing N. 84 degrees 57'31" E 276.86 feet; Thence, S 67 degrees 32'45" E, 61.03 feet; Thence 162.40 feet along the arc of a 445.95 feet radius curve to the right, having a central angle of 20 degrees 51'53" and subtending a chord bearing 57 degrees 06'49" E 161.50 feet; Thence, S 46 degrees 40'52" E, 196.40 feet; Thence leaving said County Road centerline on a course bearing S 28 degrees 42'57" W 254.16 feet; Thence, S 05 degrees 01'24" W, 563.51 feet; Thence, S 80 degrees 35'36" W, 50.00 feet; Thence, S 09 degrees 24'24" E, 75.99 feet; Thence, 69.27 feet along the arc of a non tangent curve to the right, having a radius of 375.00 feet, a central angle of 10 degrees 35'03", and subtending a chord bearing 89 degrees 42'29" W 69.17 feet; Thence, S 05 degrees 00'00" W, 67.77 feet to a point on the South Line of Government Lot 10 of said Section 7, Thence, N 89 degrees 07'48" W, 1367.39 feet along the South line of Government Lots 10 and 11 to the SW corner of said Lot 11, The Point of Beginning; Also known as: Parcel A (Future Filing 2); And, Lots 4, 7, 10, 11, 13, 17, 22, 24, 25, 28, 29, 30, 31, 32, 33, 34, 42, 45 and 46 PINYON MESAP.U.D. Filing 1, according to the Final Plat recorded October 8, 2007 as Reception No. 734761. Parcel 2: Lot 1, AMENDED PLAT LOT 1, PINYON MESA, FILING 1, according to the Amended Plat recorded July 24, 2008 as Reception No. 752954. Parcel 3: Lot 21, AMENDED PLAT LOT 21, PINYON MESA, FILING 1, according to the Amended Plat recorded July 24, 2008 -as Reception No. 752952. Parcel 4: Lot_48, AMENDED PLAT LOT 48, PINYON MESA, FILING 1, according to the Amended Plat recorded July 24, 2008 as Reception No. 752951. Garfield County, Colorado. 111Fiq Land Title t.:. tat 4%41 t 4 r W, • til \n� Customer Distribution Our Order Number: ABS63010202-4 Property Address: TBD PINYON MESA, GLENWOOD SPRINGS, CO 81601 Date: 12-08-2015 For Closing Assistance Tasha Whitman 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 800-318-8206 (fax) twhitman@ltgc.com Closer's Assistant EVAARCHIBEQUE 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 800-318-8206 (fax) earchibeque@Itgc.com For Title Assistance SUSAN MOYA 2454 PATTERSON RD#100 GRAND JUNCTION, CO 81505 970-248-3883 (phone) 970-241-1593 (fax) smoya@ Itgc. com BuyerlBorrower ATTN: RONALD NORMAN Attention: TEXSUN MORTGAGE, INC., ATEXAS CORPORATION rrnorman@sbcglobal.net Delivered via: Electronic Mail Seller/Owner ATTN: SCOTT DILLARD Attention: RE DEVELOPEMENT CORP. 21 COUNTY ROAD 126 GLENWOOD SPRINGS, CO 81601 scottdillardrealtor@gmail.com Delivered via: Electronic Mail Agent for Seller FLEISHER LAND AND HOMES Attention: SCOTT DILLARD 1001 GRAND AVE GLENWOOD SPRINGS, CO 81601 970-355-4080 (work) 907-704-1444 (work fax) scottdillardrealtor@gmail.com Delivered via: Electronic Mail Agent for Buyer ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY Attention: TED BORCHELT PO BOX 650 201 MIDLAND AVE BASALT, CO 81621 970-309-3626 (phone) 970-927-8080 (work) 970-927-3944 (work fax) tborchelt@clre.com Delivered via: Electronic Mail Attorney for Buyer GENSHAFT, CRAMER, LLP Attention: BEN GENSHAFT 420 E. MAIN STREET. SUITE 200 ASPEN, CO 81611 970-925-9450 (work) bgenshaft@genshaftcramer.com; dmarkowski@genshaftcramer.com Delivered via: Electronic Mail ALTA COMMITMENT First American Title Insurance Company Schedule A Property Address: TBD PINYON MESA, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 11-12-2015 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TEXSUN MORTGAGE, INC., A TEXAS CORPORATION $1,085,000.00 Order Number: ABS63010202-4 Customer Ref -Loan No.: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RE DEVELOPMENT CORP., A COLORADO CORPORATION 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SITUATE IN SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF LOT 11 OF SAID SECTION 7 THENCE N 00°32'01'E, 676.97 FEET ALONG THE WEST LINE OF SAID LOT 11 TO THE SE CORNER OF VAN RAND PARK, COUNTY OF GARFIELD, STATE OF COLORADO ACCORDING TO THE PLAT THEREOF RECORDED AS RECEPTION NO. 265177 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO; THENCE N 00°36'37"E, 302.75 FEET ALONG THE EAST LINE OF SAID VAN RAND PARK, AND A NORTHERLY PROJECTION THEREOF, TO A POINT BEING 30 FEET SOUTHERLY OF THE CENTERLINE OF THE PAVED SURFACE OF COUNTY ROAD 114; THENCE ALONG A LINE 30 FEET SOUTHERLY OF THE CENTERLINE OF THE PAVED SURFACE OF COUNTY ROAD 114 THE FOLLOWING COURSES: THENCE S 40°18'31"E, 166.87 FEET; THENCE 515.89 FEET ALONG THE ARC OF A 334.71 FEET RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 88°18'40" AND SUBTENDING A CHORD BEARING 84°27'51"E 466.32 FEET; THENCE N 51°22'49"E, 137.77 FEET; THENCE 297.88 FEET ALONG THE ARC OF A 2805.91 FEET RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 6°04'58" AND SUBTENDING A CHORD BEARING N 54°25'18"E 297.74 FEET; THENCE N 57°27'47"E, 128.76 FEET; THENCE 287.77 FEET ALONG THE ARC OF A 299.84 FEET RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 54°59'28" AND SUBTENDING A CHORD BEARING N 84°57'31"E 276.86 FEET; THENCE S 67°32'45"E, 61.03 FEET; THENCE 162.40 FEET ALONG THE ARC OF A 445.95 FEET RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 20°51'53" AND SUBTENDING A CHORD BEARING 57°06'49"E 161.50 FEET; THENCE S 46°40'52"E, 196.40 FEET; ALTA COMMITMENT First American Title Insurance Company Schedule A Order Number: ABS63010202-4 Customer Ref -Loan No.: THENCE LEAVING SAID COUNTY ROAD CENTERLINE ON A COURSE BEARING S 28°42'57"W 254.16 FEET; THENCE S 05°01'24"W, 563.51 FEET; THENCE S 80°35'36"W, 50.00 FEET; THENCE S 09°24'24"E, 75.99 FEET; THENCE 69.27 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 10°35'03", AND SUBTENDING A CHORD BEARING 89°42'29"W 69.17 FEET; THENCE S 05°00'00"W, 67.77 FEET TO A POINT ON THE SOUTH LINE OF GOVERNMENT LOT 10 OF SAID SECTION 7, THENCE N 89°07'48"W, 1367.39 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOTS 10 AND 11 TO THE SW CORNER OF SAID LOT 11, THE POINT OF BEGINNING. ALSO KNOWN AS: PARCEL (FUTURE FILING 2): AND, LOTS 22 AND 24, PINYON MESA P.U.D. FILING 1, ACCORDING TO THE FINAL PLAT RECORDED OCTOBER 8, 2007 AS RECEPTION NO. 734761. AND LOT 1, AMENDED PLAT OF LOT 1, PINYON MESA, FILING 1, ACCORDING TO THE AMENDED PLAT RECORDED JULY 24, 2008 AS RECEPTION NO. 752954 COUNTY OF GARFIELD, STATE OF COLORADO. Copyright 2006-2015 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AM( RICAN 1041' Ttt[ ASc°�I�tl°� ALTA COMMITMENT First American Title Insurance Company Schedule B Section 1 (Requirements) Order Number: ABS63010202-4 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. (ITEM INTENTIONALLY DELETED) 2. RELEASE OF DEED OF TRUST DATED APRIL 27, 2015 FROM RE DEVELOPMENT CORP., A COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF FIRSTBANK TO SECURE THE SUM OF $151,900.00 RECORDED MAY 06, 2015, UNDER RECEPTION NO. 862360. 3. CERTIFICATE OF GOOD STANDING FROM THE SECRETARY OF STATE OR OTHER APPROPRIATE OFFICER OF THE STATE OF TEXAS, SHOWING THAT TEXSUN MORTGAGE, INC., A TEXAS CORPORATION ISA DULY ORGANIZED AND EXISTING CORPORATION UNDER THE LAWS OF THE STATE OF TEXAS. 4. WARRANTY DEED FROM RE DEVELOPMENT CORP., A COLORADO CORPORATION TO TEXSUN MORTGAGE, INC., A TEXAS CORPORATION CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF IRE DEVELOPMENT CORP., A COLORADO CORPORATION. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TEXSUN MORTGAGE, INC., A TEXAS CORPORATION. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2015 TAXES, ITEM 6 OF THE GENERAL EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. ALTA COMMITMENT First American Title Insurance Company Schedule B Section 1 (Requirements) Order Number: ABS63010202-4 The following are the requirements to be complied with: NOTE: ITEM 7 (A) AND (B) OF THE GENERAL EXCEPTIONS IS HEREBY DELETED. First American Title Insurance Company Schedule B Section 2 (Exceptions) Order Number: ABS63010202-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 20, 1911 IN BOOK 71 AT PAGE 523, RECORDED NOVEMBER 11, 1916 IN BOOK 92 AT PAGE 297, AND RECORDED JULY 03, 1923 IN BOOK 112 AT PAGE 568. 10. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 79-15 RECORDED JULY 10, 1979 IN BOOK 531 AT PAGE 250. 11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 83-274 RECORDED AUGUST 23, 1983 IN BOOK 633 AT PAGE 851. 12. TERMS, CONDITIONS AND PROVISIONS OF CONSENT TO VACATE PLAT RECORDED JUNE 06, 1984 IN BOOK 651 AT PAGE 70. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 96-34 RECORDED JUNE 18, 1996 IN BOOK 982 AT PAGE 103. 14. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED JULY 16, 1996 IN BOOK 985 AT PAGE 479. 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN BOOK 841 AT PAGE 512. 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED APRIL 25, 2002 IN BOOK 1349 AT PAGE 542. First American Title Insurance Company Schedule B Section 2 (Exceptions) Order Number: ABS63010202-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 17. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT AGREEMENT RECORDED MAY 14, 2002 AT RECEPTION NO. 603313. 18. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED DECEMBER 19, 2002 IN BOOK 1418 AT PAGE 359. 19. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JULY 27, 2006, IN BOOK 1825 AT PAGE 104. 20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2007-04 RECORDED FEBRUARY 08, 2007 IN BOOK 1893 AT PAGE 363. 21. (ITEM INTENTIONALLY DELETED) 22. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 2007-04 RECORDED FEBRUARY 08, 2007 AT RECEPTION NO. 716948. 23. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED OCTOBER 01, 2007, UNDER RECEPTION NO. 734760. 24. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 08, 2007, UNDER RECEPTION NO. 734762. 25. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF PINYON MESA SUBDIVISION RECORDED OCTOBER 8, 2007 UNDER RECEPTION NO. 734761. 26. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 09, 2008 AT RECEPTION NO. 740886. 27. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT AGREEMENT RECORDED JANUARY 09, 2008 AT RECEPTION NO. 740887. 28. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF AMENDED PLAT OF LOT 1 RECORDED JULY 24, 2008 UNDER RECEPTION NO. 752954. 29. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JULY 27, 2010 AT RECEPTION NO. 789048. 30. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT First American Title Insurance Company Schedule B Section 2 (Exceptions) Order Number: ABS63010202-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: TERMINATION RECORDED DECEMBER 20, 2013 UNDER RECEPTION NO. 844528. 31. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT RECORDED DECEMBER 23, 2013 AT RECEPTION NO. 844557. 32. TERMS, CONDITIONS AND PROVISIONS OF PINYON MESA WATER DELIVERY AGREEMENT RECORDED DECEMBER 23, 2013 AT RECEPTION NO. 844558 AND 844559. 33. TERMS, CONDITIONS AND PROVISIONS OF DECLARANT RIGHTS TRANSFER RECORDED DECEMBER 23, 2013 AT RECEPTION NO. 844556. 34. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED DECEMBER 04, 2015 PREPARED BY DIVIDE CREEK SURVEYORS, INC, JOB #15638 SAID DOCUMENT STORED AS OUR ESI 25620148 A. THE FACT OF OVERHEAD POWER LINES. (AFFECTS PARCEL A) C,t,� ( AGI c7C2U VIII r1 VIkill ii4tI'MCIVIVIal/INCliti Ik 11 111 Reception#: 827612 11/27/2012 04:13:01 PPT Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: RE Development Corp. 2. The type of entity is a: [X] corporation [ ] nonprofit corporation [ ] limited liability company [ ] general partnership [ ] limited partnership [ ] registered limited liability partnership 3. The entity is formed under the laws of: The State of Colorado [ ] registered limited liability limited partnership [ ] limited partnership association [ ] unincorporated nonprofit association [ ] government or governmental subdivision of agency [ ] business trust [ ] trust 4. The mailing address for the entity is: 509 26th Street, Glenwood Springs, CO 81601 5. The [X ] name(s), or [X ] position(s) of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Scott W. Dillard, President 6. (Optional) The authority of the foregoing person(s) to bind the entity is [ ] not limited [ ] limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Scott W. Dillard, President State of Colorado ) ss_ County of Garfield Executed this 21st day of November, 2012 The foregoing instrument was acknowledged before me this 21st day of November, 2012, by: Scott W. Dillard, President of RE Development Corp. . Witness my hand and official seal. NAT, r,,..,...,“;,..,1=....:.oC• 4>1r r! r' 1 Al .i -yl i, SUBNAN FULLADDRESS N N N N rrE r r 0 o J ❑ S z ❑ ❑ ❑ ° ❑ ❑ ❑ ❑ o ❑ ❑ 0 C) 0 Z Z Z Z ❑ Z ZZ K a5��5� , 5 g5 a5 55'¢ 55 5510LU a N V 3 VI Z W Z VI Z N a LLI LL, U.1_ ti VI ti V h VI Z? 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In particular, this proposed amendment applies solely to extending the timeframe for "Completion of Development" for the remaining 32 unplatted lots of Phase 3F in the "Lower Valley", now referred to as Pinyon Mesa Phase II. Refer to the attached exhibit that shows these lots denoted as Filing 2. The complete guide for the Los Amigos PUD consists of the following historic documents approved by Garfield County Commissioners: RESOLUTION NO. 79-15 RESOLUTION NO. 81-358 RESOLUTION NO. 96-34 RESOLUTION NO. 2004-05 RESOLUTION NO. 2006-16 RESOLUTION NO. 2008-06 Copies of the above Resolutions accompany this application for reference. Note that RESOLUTION NO. 81-358 contains the base PUD info. The most recent approved phasing plan is listed in RESOLUTION NO. 2006-16. That document memorializes the County Commissioner approval of a PUD zone text amendment application that, in a very similar manner to this application, sought only to extend the approve phasing schedule. The resultant phasing plan is illustrated in the clip on the next page: GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 www.sgm-inc.com "Exhibit A" [Exhibit A is an attachment to the Resolution approving the text amendment to the Los Amigos Ranch Planned Unit Development that provides the amended phasing plan for the PUD, ] A Approx 38 lots on Road A and (1) lot adjacent to Filing_2 December 31, 1996 December 31, 1999 2 B Approx 45 lots on road A near December 31, 1999 water tank and on Road B December 31, 2002 c D Approx 45 lots through second draw, Road D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2005 December 31, 1999 December 31, 2008 2 E F Remainder single family lots, rural residential cots and neizhborhood commercial 80 high density single-family logs in Lower Valley December 31, 1999 December 31, 2008 December 31. 2010 December 31, 2010 By means of this application, Mr. Dillard is requesting an extension for "Completion of Development" for the 32 Pinyon Mesa Phase II lots in Los Amigos PUD Phase 3F from December 31, 2010 to December 31, 2019. An updated and complete proposed Los Amigos PUD Guide Per Garfield County LUDC 6-203 B. 1. b. (2) this request is a "Substantial Modification" as it is a modification to an approved phasing plan. For contents of this application, we are following section IV. SUBMITTAL REQUIREMENTS of the Pre -Application Conference Summary. Amendment Justification Report (LUDC 6-302. B.) This amendment seeks only to extend "Completion of Development" for the 32 Pinyon Mesa Phase II lots in Los Amigos PUD Phase 3F. As such, the PUD General Description, PUD Technical Descriptions, PUD Plan Map and other aspects of the PUD Guide do not change. While LUDC 6-203 B. 1. b. (2) mandates classification as a "Substantial Modification" this limited scope request complies with all review criteria for "Minor Modifications" listed under LUDC 6-203 C. as none of those items apply directly to time extensions. The LUDC 6-203 C. criteria are listed below along with discussion of how this application complies with each item, as applicable: 1. Conform to the Comprehensive Plan; Response: The proposed PUD amendment time extension complies with The Garfield County Comprehensive Plan 2030 Adopted: November 10, 2010, Last Amended: October 9, 2013. Here's an excerpt "The comprehensive plan acknowledges the existence of several GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 www.sgm-inc.com unincorporated communities that have a dense level of development, mix of uses and urban services provided by special districts. New unincorporated communities are discouraged." Regarding the proposed time extension, we would note that similar extensions were granted in prior RESOLUTIONS and found to be in conformance with the Comprehensive Plan in effect at the time. 2. Is consistent with efficient development and the preservation of the character of the development; Response: This PUD Amendment will allow completion of the development in a much more efficient manner than creating 32 new residential sites in another area without the utilities that are available in Pinyon Mesa. The character of the development will match Pinyon Mesa. 3. Do not increase the density; Response: No change in density is proposed. 4. Do not decrease the amount of dedicated Open Space; Response: No decrease in Open Space is proposed. 5. Do not affect, in a substantially adverse manner, either the enjoyment of the land of abutting upon or across the road from the PUD or the public interest; Response: No abverse effects are expected to occur with the time extension for development of Pinyon Mesa 11 with respect to the enjoyment of adjacent lands and other aspects of public interest. 6. Do not change the use category of the PUD between residential, commercial or industrial uses; and Response: The proposed PUD Amendment does not affect the categories. 7. Will not be granted solely to confer a special benefit upon any person; and Response: The proposed time extension will benefit multiple people creating job opportunities and product for home ownership. 8. Shall not affect the rights of the residents, occupants, and owners of the PUD to maintain and enforce those provisions at law or in equity. Response: The proposed time extension does not affect the rights to enforce those provisions at law or in equity. GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 www.sgm-inc.com For review of this PUD Amendment application, the County may find it useful to review the content of the application and Staff Report leading to RESOLUTION NO. 2006-16, as well as the resolution content. The attached Staff Report (BOCC 02/06/06 FJ) document lists pertinent applicant representations, Staff analysis of the issues, and suggested findings. Our interpretation, in general, is that the previous (2006) owners diligently developed the PUD in accordance with all approvals. With that, we will address the lapse in completion of Phase 3F and reasons we believe the PUD timeframe should be extended. From Scott Dillard: "The great recession which started in 2008 had an enormous impact on the Pinyon Mesa Subdivision. Prior to the recession lots were selling at $220,000, on the contrary, the low-water mark for lot sales went down to $32, 000 in 2012. The original developer had a completion date for the subdivision of 12/31/2010. Unfortunately, by this date the developer was completely underwater, named in numerous lawsuits, and the development was in the process of being foreclosed. By the time the current owner purchased what was remaining, which was 12/11/2013, the subdivision was far past its extension granted by Garfield County. The current owner would like to ask the County for an extension of the original PUD and Preliminary Plan. The owner is not changing a single thing from the original plan, and has hired the same engineers who worked on the project previously. Service agreements and plans with all providers are agreed upon and all water and sewer tap fees have been pre -paid. The impact of allowing the 32 units which were previously approved is far less than any other current plans on the table to add units to Garfield County. The additional tax proceeds to the County would be seen immediately, as the developer plans to plat, develop, and sell as soon as possible. Road impacts will be minimal, as Phase 2 of the development will use the current entrance, which already has a deceleration lane in place. Homes in this phase of the development would be coming online in conjunction with the new Eastbank School as well, which will immediately add to the enrollment of the new school." SGM has contacted utility providers and HOA's within the PUD including: Spring Valley Sanitation District Elk Springs HOA (now water provider (formerly Red Canyon Water Company)) Holy Cross Energy Source Gas CenturyLink Pinyon Mesa HOA None of these organizations took exception to the potential future development of Pinyon Mesa Phase II and all entities had previously planned for that to occur. The HOAs indicated that they would have no objections. Utility providers indicated the no major upgrades would be required. Service could be provided simply by extending nearby lines into the Pinyon Mesa Phase II area. Sufficient water supply, storage and transmission main capacity exists to deliver potable water to the development. The existing wastewater lift station, which is located on this parcel, and the GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 www.sgm-inc.com treatment plant also have built-in capacity for these 32 lots. Development of Phase 2 will allow existing overhead lines to be buried underground. Gas and telephone lines will simply be extended from Pinyon Mesa Phase 1 and CR 114 as envisioned in the Preliminary Plan approved in January 2007 (RESOLUTION 2007-04). This proposed PUD Amendment seems justified given that the lapse in completion was due to widespread, economic factors that occurred under previous ownership. Allowing development to occur in areas immediately adjacent to existing development where it has been planned will benefit the public interest by minimizing impacts on the environment, other land areas and day to day activities of the residents of Garfield County. Draft Revised PUD Plan An updated and complete proposed Los Amigos PUD Guide is attached for County review. This document was developed by starting with the base PUD info in RESOLUTION NO. 81-358 and then incorporating the modifications of all subsequent RESOLUTIONS. Though the form is somewhat different, the Zone District requirements substantially match the table currently published in the County's website. We can make format and other changes that result from County review. Mr. Dillard and SGM believe that this letter and accompanying documents form a complete application. If you have any questions, concerns or additional requirements regarding this application, please contact me at (970) 945-1004 at your earliest convenience. Sincerely, SGM David M. Kotz, PE Project Manager cc: Scott Dillard Enclosures GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 LOT 3 \\ \ NN LOT 7 NOTE: A DEED FOR THE COUNTY ROAD COULD NOT BE FOUND, THE RIGHT OF WAY LINE SHOWN ON THIS SURVEY IS 30' FROM THE CENTERLINE OF THE PAVED ROAD. 25' POWER LINE EASEMENT BOOK 1349 PAGE 542 CI LIFT STATION EASEMENT 11 ACCESS EASEMENT CN\\\ TO LIFT STATION 7 65 / oa SECTION 6 CJ 58 57 L2 59 se - CD 0 55 sr Ln CD CS, CD CD CD 54 cy Nr <51 60 25' POWER LINE EASEMENT BOOK 1418 PAGE 359 166.26' 1 30' SPRING VALLEY SANITATION DISTRICT SEWER LINE EASEMENT Cs 61.2 579.38'44'W 180.40' C6 589°22'00"W 330.20' 100 0 50 GRAPHIC SCALE 100 200 400 N81° 26'56"E 227.05 S80°48'22"W S89°14'02 "W 245.18 153.83 52 61 v\IE LINE ERHEA 136.56 N90°00'001- I C22 CZ 2 12 SAGE MEADOW DRIVE TOP OF CUT -GRAVEL PIT ON ADJACENT PROPERTY 6 GOV'T LOT 11 GUY WIRE 7-/- 73 zkLi GUY WIRE 00 152 01' 51 GOV'T La oa 62 63 25 / 71 26 50 4 25 24 23 22 13 OV'T LOT 6 5 1/40 75 11 10 • 49 64 \\ \<- -7 67 / 66 95. 73- OTh 0 65 OPEN SPACE B L32 FOUND US BLM ALUMINUM CAP FOR NW COR LOT 12 / SW COR LOT 11, SECTION 7 Notice: According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect In this survey be commenced more than ten years from the date of the certification shown hereon. GOV'T LOT 12 SCHMUESER 1 GORDON 1 MEYER ENGINEERS SURVEYORS 195.24 PINYON MESA DRIVE L5 398.54' BASIS OF BEARINGS Legend and Notes: C24 OPEN SPACE D 0 indicates found monument S described. indicates set monument, /5 rebar and Yellow Plastic Cap L.S. 15710. Bearings are relative to a bearing of S 89°07'48" E on the line between US BLM aluminum caps found at the SW corner of Lot 11 and the SE corner of Lot 10 of Section 7 This survey does not represent a title search by this surveyor to a'etermine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements or other encumbrances of record has been taken from a title insurance commitment issued by Land Title Guarantee dated 30 June, 2005, No. GWS 246570. This property may be subject to apparent easem existing utilities and irrigation a'itches. Fences are shown hereon for information 0 do necessarilly represent limits of ownershi Date of preparation -Dec. 2006. SCHMUESER GORDON MEYER I 18 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 81601 (970) 945-1004 FAX (970) 945-5948 ASPEN , COLORADO (970) 925-6727 E-mail: survey@sgm-inc.com 28 / 29 30 31 _L /// 47 7 POINT OF BEGINNING FILING 1 GOV'T LOT 13 LAND US EX G TS (48 OADS EN PACE 0 HIGH DENSITY SINGLE FAMILY TOTAL PROPOSED OFF STREET PARKING -96 SPACES ZONE DISTRICT PARAMETERS.. 46 45 32 33 34 CLIFF ROSE WAY 14 35 15 JUNIPER HILL LANE 20 16 / 77/ /// L12 N00E0'00'E 204.22' TTT T (73 19 18 ()PAN SPACE A 6.655 AC. L9 L7 N89°07'48"W 180.42 cf N89°32'22"E 641.72 FOUND US BLM ALUMINUM CAP FOR N 1/16 BETWEEN ZONE DISTRICT CONDITIONAL USES MINIMUM LOT AREA MAXIMUM LOT COVERAGE MINIMUM SETBACKS MAXIMUM HEIGHT MAXIMUM FLOOR AREA HIGH DENSITY SINGLE FAMILY (HDSF) HOME OCCUPATION 10,000 sq. ft. 25% FRONT/REAR:25' SIDES: 10' 28 FEET 3,294 sq. ft. PINYON MESA, FILING 1 BER REVISION LA C8 GOV'T LOT 7 LINE TABLE LINE BEARING LENGTH Ll 500°36'37"W 24.57 L2 N67°32 '45"W 61.03 L3 N57°13 '33"W 38.38 S84*27'51''E 466.32 C2 L5 585°00'00"E 361.32 149.08 554'25'18'W 29774 03 54°59'28" 299.84 L8 500°00'007- 50.00 276.86 C4 20°04'43" 394.87 138.38 69.91 N58°14'16"W 13767 C5 39°09'55" 388.35 265.46 138.15 S66*15'50''E 260.33 C6 12°42'16" 1082.20 239.96 120.48 N8748'04"E L16 N19°29'50"W 51.48 L17 N21°44'49 ''E 5704 L18 521°44'49"W 5704 L19 N09°24'24"W 70.98 L20 500°00'00"E 50.00 L21 523°58'02"W 50.00 L22 N66°01 '58"W 34.00 L23 N23°58'02''E 53.83 L24 N66°01 '58"W 50.00 L25 N23°58'02''E 53.05 L26 N89°40'16"W 2792 L27 N09°24'24"W 75.99 L28 N12°25'11 ''E 4794 L29 N77°34'49"W 50.00 L30 505°00'00''W 1777 L31 505°00'00''W 50.00 L32 580°35'36"W 50.00 DATE BY N89°32 '22"E Adik_ FOUND NO. 5 REBAR 1551. 72' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD 01 88°18'40" 334.71 515.89 324.98 S84*27'51''E 466.32 C2 6°04'58" 2805.91 29788 149.08 554'25'18'W 29774 03 54°59'28" 299.84 28777 156.05 584'57'31"W 276.86 C4 20°04'43" 394.87 138.38 69.91 N58°14'16"W 13767 C5 39°09'55" 388.35 265.46 138.15 S66*15'50''E 260.33 C6 12°42'16" 1082.20 239.96 120.48 N8748'04"E 239.47 C7 79'17'50" 304.73 421.75 252.53 N58°54'09"W 388.88 08 26°17'49" 341.45 156.71 79.76 N06°06'19''W 155.34 C9 64°16'08" 240.05 269.26 150.78 S25'05'29''E 255.36 010 13'09'47" 388.35 89.22 44.81 S79°15'54"E 89.02 012 11°02'04" 425.00 81.85 41.05 N8928'58''E 81.72 C13 10°57'34" 430.00 82.25 41.25 N7826'48''E 82.13 C14 20°11'19" 430.00 151.51 76.55 N62*52'21''E 150.73 C15 27°40'53" 170.00 82.13 41.88 50754'22"W 81.34 016 31°00'14" 230.00 124.46 63.79 SO6'14'42''W 122.94 C17 57°58'00" 370.00 374.33 204.95 N4744'09''E 358.57 C18 44°3526" 175.00 136.19 71.76 N31°42'07"W 132. 78 C20 10°03'12" 175.00 30.71 15.39 NI 1°39'55"W 30.67 021 50'09'44" 125.00 109.44 58.50 N34°31 '16 "W 105.98 C22 2°1221" 390.00 15.01 751 SO2'23'35''W 15.01 023 43°24'49" 125.00 94.71 49.76 N31°06'49''W 92.46 C24 10°35'03" 375.00 69.27 34.74 N89*42'29''E 69.17 C25 15°15'27" 95.00 25.30 12.72 N87°34'46"14/ 25.22 C26 14°26'40" 425.00 10714 53.86 566°59'09''E 106.86 C27 17°08'29" 388.35 116.18 58.53 555°15'07''E 115.75 OPEN SPACE AND BOUNDARY Job No. 1502 F Drown by: KW Date: DEC. 2006 3 File: PINYONMESA-S4-FP OF 3 COPYRIGHT 2001 50119, INC. Nu 531 rnr259 erg JUL 1.01979 'r__... _..._ _ 3 torf, Recorder RESOLUTION #79-15 WHEREAS, Robert W. Chatmas, Thomas E. Neal, and. James A. R. Johnson, have made application to the Board of County Commissioners of Garfield County, Colorado, for a Planned Unit Development amendment to the Zoning Resolution of Garfield County, Colorado, said proposed Planned Unit Development being known as the Los Amigos Ranch Planned Unit Development, particularly described on Exhibit "A" attached hereto, and WHEREAS, said application was referred to the Planning Commission of Garfield County, Colorado, for its approval, disapproval, or recommendation all as provided in Section 10.04 of said Zoning Resolution; and, WHEREAS, said application has been submitted to the Planning Department of Garfield County, whose comments and recommendations have been presented to said Planning Commission and Board of County Commissioners and now comprise a portion of the record of the proceedings in respect to such application; and, WHEREAS, the said Planning Commission has certified to the Board of County Commissioners of Garfield County, Colorado, its recommendation that the said application be approved, all as more particularly specified in the certification of said Planning Commission; and, WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has duly and regularly held a public hearing on said application in conformity to the laws of the State of Colorado and the provisions of said Zoning Resolution; and, WHEREAS, other than in the foregoing particulars, the Board determines that the application and proposed a00K 5.3:1 PAGc251 plan are in general conformity with the General Plan for Garfield County, Colorado and meet all requirements of the Zoning Resolution of Garfield County, Colorado, and further determines that the requested Planned Unit Development Amendment is suitable and appropriate for the subject property considering the location, condition and circumstances of said property, and that said proposed amendment implements the purposes and meets the standards and requirements of the Planned Unit Development Amendment to the Garfield County Zoning Resolution; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Garfield County, Colorado, that the application for Planned Unit Development Amendment to the Zoning Resolution of Garfield County, Colorado, of Robert W. Chatmas, Thomas E. Neal, and James A. R. Johnson, be and the same hereby is approved, and the zoning maps of the Garfield County Zoning Resolution are hereby amended by the designation of the above-described lands as Planned/ Unit/Development District, but expressly subject to compliance with and fulfillment of the following conditions, to -wit: (1) Preliminary and final plans shall be consistent with the application filed herein, unless otherwise directed or authorized by the Board. (2) The final plan shall be approved and construction commenced by the 29th day of July , 1980. (3) That all applicable provisions of the County Zoning and Subdivision Resolutions be adhered to, except as specifically amended by the PUD standards. and that no development of the subject property under said plan or implementation of said plan shall be done until approval of the final subdivision plat for the Planned Unit Development District, in accordance with Section 4.08.06 of -2- BOOK 531 Fd3E252 the'Garfield County Zoning Resolution and further, that, in the event that a final plat of the subject Planned Unit Development has not been approved or construction has not commenced by the 29th day of Jul , 1980, the subject tract shall revert to A/R/R/D District, and the appropriate change shall be noted upon the Zoning Map of the Garfield County Zoning Resolution of 1978. Attest: Dated this 426_ day of February, 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO I." - 'i Flaven J. Cerise, Chairman 1ftilL.-kc R,,. EXHIBIT A BOOK 531 1,4E253 A parcel of ;and situated in part of Lots 1, 2, 10 and 16 of Section 35 and the 111:1 , NE' , SE1/4, 11';SWi1 , Lots 1 and 2 of Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, Lois 2, 3, 4, 5, 6, 7, 8. and 9, SW -_NE', NW145E1/4 of Section 6, Lots 10 and 11 of Section 7, Lots 5, 6, 7, 8, 9, 10, 11, NE"1/4, SE111W1/4, N1:14SW!:., NW14SE1 of Section 5, Lots 3, 4, 5 and 6 of Section 8 of Township 7 South, Range 88 West of the Sixth Principal Meridian, Lot 2 and the SE1/4 of Section 31, Lot 7 and the SE'SE!c of Section 32, Lots 18 and 19 of Section 33, 'Township 6 South, Range 88 West of the -Sixth Principal Meridian said parcel lying in part northeast- erly of the northeasterly right-of-way line for State Highway Number 82 across said Section 36, in part northeasterly of the northeasterly right-of-way line for a county road known as College Road across Lots 2 and 8 of said Section 6 and Lot 11 of said Section 7, in part northwesterly of the northwest- erly right-of-way line of said College Road across Lots 3 and 4 of said Section 8 and Lot 11 of said Section 5. Said parcel being more particularly described as follows: Beginning at the Southeast Corner of said Section 36, the True Point of Beginning; thence,westerly along the southerly line of the SE' and Lot 1 of said Section 36 to a point on the north- easterly right-of-way line for said State Highway Number 82; thence northwesterly along said northeasterly right-of-way line to a point on the easterly line of Lot 4 of said Section 36; thence leaving said right-of-way line, northerly to the North- east Corner of said Lot 4; thence westerly along the northerly line of said Lot 4 to a point on the northeasterly right-of-way line for State llighway•Number 82; thence northwesterly along said northeasterly right-of-way line to a point on the westerly line of Lot 2 of said Section 36; thence, leaving said right- of-way line northerly to the West Quarter Corner of said Section 36; thence westerly along the southerly lines of Lots 16 and 10 of said Section 35 to the center of said Section 35; thence north- erly along the westerly lines of Lats 10 and 2 of said Section 35 to the North Quarter Corner of said Section 35; thence easterly along the northerly lines of said Lots 2 and 1 of said Section 35 to the Northeast Corner of said Section 35; thence 1345.00 feet more or less, easterly along the northerly line of the NW% of said Section 36; thence S. 28°45'00" W. 1455.00 feet more or less; thence N. 88°31'00" W. 660.00 feet; thence S. 03°24'00" W. 740.00 feet; thence S. 29°22'00" E. 335.00 feet; thence S. 48° 02'00" E. 470.00 feet; thence S. 58°14'00" E. 1305.00 feet; thence N. 85°11'00" E. 280.00 feet; thence N. 74°52'00." E. 1015.00 feet; thence S. 81°30'00" E. 685.00 feet; thence N. 50° 18'00" E. 725.00 fe thence S. 40`01'00" 455.00 feet; thence 89°49'00" E. 260.00 thence S. 54°43'00" 225.00 feet; thence 25°28'00" E. 310.00 thence N. 76°43'00" 650.00 feet; thence 69°26'00" E. 230.00 thence S. 21°00'00" et; thence S. 85°11'00" E. 180.00 feet; E. b65.00 feet; thenrc S. 70°58'00" E. S. 59°51'00" E. 470.00 feet; thence S. feet; thence N. 72°49'00" E. 450.00 feet; E. 260.00 feet; thence S. 03°10'00" W. S. 08°34'00" W. 610.00 feet; thence S. feet; thence S. 73°05'00" E. 180.00 feet; E. 200.00 feet; thence N. 44°31'00" E. N. 73°43'00" E. 265.00 feet; thence S. feet; thence S. 12°31'00" E. 190.00 feet; W. 210.00 feet; thence S. 41°45'00" E. 2160.00 feet; thence S. 89°23'00" E. 170.00 feet; thence N. 38°15'00" E. 300.00 feet; thence N. 12°32'00" E. 540.00 feet; thence N. 50°35'00" E. 720.00 feet; thence S. 42°53'00" E. 460.00 feet; thence S. 07°53'00" W. 350.00 feet; thence S. 71°35'00" E. 1345.00 feet; thence N. 45°37'00" E. 375.00 feet; thence N. 19"33'00" E. 195.00 feet; thence N. 12°16'00" W. 1105.00 feet; thence N. 23°33'00" E. 180.00 feet; thence S. 89°24'00" E. 470.00 feet; thence N. O1°28'00" E. 660.00 feet, more or less, to a point on the northerly line of the NE1 of said Section 5; thence easterly 175.00 feet, more or less along the northerly line of the NE14 of said Section 5 to the South- west Corner of the 5E14SE1/4 of said Section 32; thence northerly along the westerly lines of the SE1/4SE1/4 and Lot 7 of said Section 32 to the Northeast Corner of said Lot 7; thence easterly to the Northwest Corner of Lot 6 of said Section 32; thence southerly along the westerly line of Lot 6 to the Southwest Corner of Lot 6 of Section 32; thence easterly along the north- erly lines of Lot 7 of said Section 32 and Lot 18 of said Section 33 to the Northeast Corner of said Lot 18; thence southerly along the easterly lines of Lots 18 and 19 to a point on the easterly line of said Lot 19; thence N. 89°57'00" W. 278.4 feet thence S. 00°12'00" E. 823.3 feet to a point on the southerly line of said Section 32; thence S. 00°12'00" E. 4187.5 feet to a point on the northwesterly right-of-way line for a county road known as College Road as constructed and in place; thence south- westerly along said College Road right-of-way line to a point on the southerly line of Lot 4 of said Section 8; thence westerly along the southerly lines of Lots 4, 5 and 6 of said Section 8 and Lots 10 and 11 of said Section 7 to the Northwest Corner of Lot 12 of said Section 7; thence northerly along the easterly line of Lot 6 of said Section 7 to a point on the northeasterly right-of-way line of part of a county road known as College Road; thence northwesterly along the northeasterly right-of-way line of said College Road to a point on tlic westerly line of said Section 6; thence, leaving said northeasterly right-of-way line northerly along the westerly line of said Section 6 to the Southeast Corner of said Section 36, the True Point of. Beginning. 'Said parcel. containing 1472.7 acres more or less. STATE OF COLORADO County of Garfield Ata regular held at the Court House in Glenwood Springs on December A. D. 19 81 ,Lagx;y Velasquez meeting of the Board of County Commissioners for Garfield County, Colorado, Tuesday the 1st day of there were present: Flaven J. Cerise Eugene Drinkhouse Earl G. Rhodes Leanne Cleland when the following proceedings, among others were had and done, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 81-358 RESOLUTION CONCERNED WITH APPROVAL OF A ZONE DISTRICT AMENDMENT TO THE GARFIELD COUNTY ZONING RESOLUTION AND PLANNED UNIT DEVELOPMENT FOR THE LOS AMIGOS RANCH WHEREAS, the Los Amigos Ranch Partnership has filed a petition with the Board of County Commissioners of Garfield County to rezone the herein described property in Garfield County by means of an amendment to the Planned Unit Development for Los Amigos Ranch; and WHEREAS, a public hearing was held by this Board on October 5, 1981 and continued until October 19, 1981; and WHEREAS, based upon the evidence, testimony, exhibits, study of the master plan for the unincorporated area of the County, comments of the Garfield County Planning Department, comments of public officials and agencies, comments from all interested parties, this Board finds as follows: 1. THAT proper publication of the public notice was provided as required by law for the hearing before the Board, and that the applicant was able to otherwise show evidence of adequate notice to adjacent property owners; 2. THAT the hearing b'fore the Board was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all in- terested parties were heard at that hearing; 3. THAT the Garfield County Planning Commission has recommended to this Board that the requested rezoning be granted, provided that certain conditions be complied with; 4. THAT the proposed land use will be compatible with the existing land uses in the nearby area. 5. THAT the proposed zoning is in general compliance with the recommenda- tions set forth in the master plan for the unincorporated area of the County; 6. THAT other than in the foregoing particulars, the requested zone change amendment and plan approval are in general conformity with the master plan for Garfield County, Colorado, and meet all requirements of the zoning resolution of Garfield County, and further that the requested planned unit development is suitable and appropriate for the subject property concerning the location, condition circumstances of said property, and that the proposed amendment implements the purposes and meets the standards and requirements of the planned unit development provisions of the Garfield County Zoning Resolution; NOW, THEREFORE, be it resolved by the Board of County Commis- sioners of Garfield County, Colorado: Section 1. TIIAT the petition of the Los Amigos Ranch Partnership for an amendment to the Planned Unit Development for the fr>>^wing described unincorporated area of Garfield County be approved subject to the conditions, as follows: a. THAT the applicant shall have responsibility for improvements to County Road 114, as determined by the Board of County Commissioners upon the recommendation of the County Road Supervisor, in the area between Deadman's Curve and the entrance to the Los Amigos Ranch. b. THAT if a fire station site is requested by the Carbondale fire district, that a fire substation site be designated on the preliminary plat and at time of final plat be dedicated for public use as a fire station. c. THAT the dwelling units on the lower bench be served by a central sewer system since said units are on the Spring Valley aquifer. d. THAT all interior roads within the subdivision meet minimum County road standards. e. THAT all boundary disputes be settled by preliminary plat and that the Kendall's incur no cost for settlement. Section 2. THAT the planned unit development shall consist of four zone districts, the boundaries of which shall be indicated upon the final plat or plats of the Los Amigos Ranch, the planned unit development, which districts shall be designated as follows: Single -Family Residential District Multi -Family Residential District Neighborhood Commercial Open Space District Section 3. THAT the uses permitted within said districts, together with the regu- lations affecting the usage of the lands contained therein, shall be as follows: Single -Family Residential 1. Uses, by Right: Single -Family dwelling and customary accessory uses. 2. Uses, Conditional: Churches, hospital, nursery, school site, home - occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 65,000 sq. ft. 5. Minimum Setback: To be specified at time of final plat by showing permitted building envelopes. 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 10 percent. 8. Maximum Floor Area Ratio: 15 percent. 9. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions, and restrictions contained in this application and to additional previsions, covenants, conditions and restrictions by the recording of any supplemental declarations. Multi -Family Residential 1. Uses, by Right: Single-family, two-family and multi -family dwellings, townhouses with common wall design, and customary accessory uses to the above. 2. Uses, Conditional: Churches, hospital, nursery, school site, home - occupation. 3. Uses, Special: None. 4. Minimum Lot Size: 40,000 sq. ft. 5. Minimum Setback: a. Front yard: 25 feet from lot line b. Rear yard: 25 feet from lot line c. Side yard: 10 feet from lot line 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: 50 percent. 8. Maximum Floor Area Ratio: 50 percent. 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions, and restrictions by the recording of any supplemental declarations. Rural Residential 1. Uses, by Right: Single-family dwelling and accessory uses. 2. Uses, Conditional: Churches, hospital, nursery, school site, home - occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 35 acres 5. Minimum Setback: N/A 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: N/A 8. Floor Area Ratio: N/A 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any suoplemental declarations. These lots shall never be subject to resubdivision. Neighborhood Commercial 1. Uses, by Right: Single-family, retail groceries, drugstore, laundry service, furniture, appliances, hardware, clothing, garden supply, personal services, restaurant, and indoor recreation. 2. Uses, Conditional: None. 3. Uses, Special: None. '4. Minimum Lot Area: one acre 5. Minimum Setback: a. Front yard- 25 feet from lot line b. Rear yard - 25 feet from lot line c. Side yard - 10 feet from lot line 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 50 percent. 8. Maximum Floor Area Ratio: 50 percent. 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. Open Space 1. Uses, by Right: Ranching, farming, and general agricultural activities, and accessory uses,thereto. 2. Uses, Conditional: None 3. Uses, Special: None. 4. Minimum Lot Area: N/A 5. Minimum Setback: N/A 6. Maximum Height of Buildings: N/A 7. Minimum Lot Coverage: N/A Section 4. THAT, upon the Board's determination that the foregoing conditions have been satisfied or agreed to by the applicant, the chairman be and hereby is authorized to execute an amended zone district map to the Garfield County Zoning Resolution, reflecting the amendment herein granted to the following described unincorporated area of Garfield County: Township 6 South, Range 88 West of the 6th P.M. Section 31: SE -1/4 and Lot 2 Section 32: S-1/2 SW -1/4, Lot 7 and SE -1/4 SE -1/4 Section 33: Lots 18 and 19 Township 7 South, Range 88 West of the 6th P.M. Section 5: Lots 3,4,5,6,7,11 and the easterly 1/2 of lot 10, NE -1/4 SW -1/4, NW -1/4 SE -1/4, SE -1/4 NW ; and NE 4 Section 6: Lots 2,3,4,5,6,7, SW -1/4 NE -1/4 and NW -1/4 -SE -1/4 Township 6 South, Range 89 West of the 6th P.M. Section 35: Lots 1,2,10 and 16 Section 36: SE4, NES, NW4 and Lots 1 and 2 EXCEPTING from the above described property the parcels of land as follows: 1. William E. Foster and Bruce Dixson by deed recorded in Book 374 at Page 480; .2. Colorado Mountain Junior College District by deeds recorded in Book 381 at Page 537 and Book 399 at Page 265; 3. Board of County Commissioners of Garfield County, Colorado, by deed recorded in Book 409 at Page 220. 4. All that portion of Lot 2, Section 6, Township 7 South, Range 88 West of the 6th P.M. lying Southwesterly of the Southeasterly right of way line of a county road known as the "College Road". Parcel 1 That part of T.7 S., R. 88 W. of the 6th P.M., being all of Lot 9 and the Westerly one-half of Lot 10 of Sec. 5, all of Lot 5 of Sec. 8 and that part of Lot 4 of Sec. 8, lying Westerly of the westerly right-of-way line of a County Road as Corstru^_te =na in place, the Westerly right-of-way line of said road being described as follows: Beginning at a point on the Southerly line of said Lot 4, said point being on the Westerly right-of-way line of said County Road, whence the NE Corner of said Sec. 8 bears: N.60003'34" E.1933,73 feet; thence N.03°12.'18" E. 242.69 feet along the Westerly right-of-way line of said County Road; thence N.14058'08" E.144.01 feet along the Westerly right-of-way line of said County Road; thence N.52°07' E.691.57 feet along the Westerly right-of-way line of said County Road to a point on the Northerly line of said Lot 4. EXCEPT the Westerly 1024 feet of said Lot 5, Sec. 8 and said Lot 9, Sec. 5. Parcel 2 Lot 8 of Sec. 5, Lots 8 and 9 of Sec. 6, Lots 10 and 11 of Sec. 7 and Lot 6 of Sec. 8, T. 7S, R.88W. of the 6th P.M. EXCEPT all that part thereof heretofore conveyed by deeds recorded as Document No. 249250 in Book 418 at Page 1; Document No. 248001 in Book 409 at Page 220. County of Garfield State of Colorado and The Westerly 1024 feet at Lot Five (5), Section Eight (8), and Lot Nine (9), Section Five (5), Township 7 South, Range 88 West of the 6th P.M., also known as Los Amigos Ranch PUD. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO A6, Chairman ATTEST: uty Clerk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasgucz Aye Flaven cerise Aye Eugene Drinkhouse Nye STATE OF COLORADO County of Garfield 13 Commissioners , 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 Order is truly from the Records o; the Proceedings 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. /03 494584 B-982 P-103 06/18/96 10:34A PG 1 OF 14 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) COUNTY OF GARFIELD 1 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on M o n d a y , the 17 t rday of June , 1996, there were present: Marian I. Smith, Commissioner/Chairman Arnold L. Mackley, Commissioner Elmet(Bueky) Albany, Commissioner- Don o«unissionerDon D. DeFord, County Attorney Mildred Alsdorf, Clerk to the Board The following proceedings, among others, were had and done, to -wit: RESOLUTION No. 96- 3 4 A RESOLUTION CONCERNING APPROVAL OF THE LOS AMIGOS RANCH PARTNERSHIP APPLICATION FOR AMENDMENT TO THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT ZONE TEXT, PUD PLAN AND DEVELOPMENT PLAN WHEREAS, the Los Amigos Ranch Partnership (Hereinafter sometimes "Applicant") is the owner of a parcel of land located in Garfield County, Colorado which pursuant to Board of County Commissioner Resolution No. 81-358 is presently zoned as a planned unit development. WHEREAS, the Los Amigos Ranch Partnership has filed an Application with the Board of County Commissioners of Garfield County, Colorado, for approval of amendment to the Los Amigos Ranch Planned Unit Development Zone Text and Planned Unit Development Plan (Hereinafter sometimes, "Application"); WHEREAS, the Board of County Commissioners has now considered that Application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the evidence, sworn testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County, comments from Garfield County Department of Regulatory Offices and Personnel, and the Garfield County Planning Commission and comments from all interested parties, this Board enters the following findings and conclusions: 494584 B-982 P-104 06/18/96 10:34A PG 2 OF 14 FINDINGS 1. Applicant's application was filed with the Regulatory Offices and Personnel Department of Garfield County on February 12, 1996, and referred to the Planning Commission on February 26, 1996. 2. The Garfield County Planning Commission reviewed the Application and recommended approval of the Application under certain conditions on March 13, 1996. 3. The Board of County Commissioners established a date for public hearing on the Application for PUD plan and text amendment and the vesting of the development rights per §24- 68-103, C.R.S., as amended, which commenced on April 15, 1996 at 5 o'clock p.m. and was thereafter properly continued to May 6, 1996 at 12 o'clock p.m. and May 20, 1996 at 2 o'clock. 4. Pursuant to evidence produced at the public hearing on this Application, the Board FINDS: (a) The property owners adjacent to the property that is the subject of this Application received notification of the date, time and location of the above -referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; (b) Notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; (c) The substance of the mailed and published notification substantially informed interested parties of the subject matter and location of the requested modification to existing zoning and PUD plan; (d) The Board of County Commissioners has jurisdiction to conduct the public hearing on the Application and render a decision thereon. (e) The requested modifications to the PUD plan are consistent with the efficient development and preservation of the entire PUD, do not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and are not granted solely to confer a special benefit upon any person. 5. The hearing before the Board was extensive and complete, all pertinent facts, matters and issues were submitted and all interested parties were heard at the hearing. 2 494584 B--982 P-105 06/18/96 10:34A PG 3 OF 14 6. Pursuant to §4.02 of the Garfield County Zoning Resolution of 1978, as amended: (a) The PUD will provide necessary commercial and recreational facilities conveniently located to housing; (b) The PUD zone district text and map direct the dwelling type, density, and open space in a manner consistent with existing zoning laws; _. (c) The PUD provides a variety of housing types and a layout allowing for open space ancillary to the building; (d) The PUD will provide for the transfer of ownership and control of the water distribution systems, water and water rights to the Los Amigos Ranch Homeowners Association, Inc.. (e) The PUD will provide for the payment of a road impact fee sufficient to offset the traffic burdens imposed instant to the development. (f) The PUD developed to its full extent will result in an increased assessed valuation of the property; (g) The PUD process was used to develop a plan which preserves the site's agricultural land and maintains the scenic quality of those portions of the site exposed to public view; (h) The PUD will be developed in phased preliminary plan and final plat applications submitted in accordance with the phasing schedule set forth herein at paragraph 17 of the conditions of approval. 7. The PUD as conditioned herein and in accordance with §4.04 of the Garfield County Zoning Resolution of 1978, as amended, and §24-67-105(1), C.R.S., as amended, is in general conformity with the Garfield County Comprehensive Plan. 8. Pursuant to §4.07.01 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Los Amigos Ranch Planned Unit Development will meet the standards and requirements of §4.00, t seq. of that Zoning Resolution. 3 494584 B-982 P-106 06/18/96 10:34A PG 4 OF 14 9. Subject to the conditions set forth herein, the PUD meets the requirements of §4.07.03 of the Garfield County Zoning Resolution of 1978, as amended, as follows: (a) The PUD has an appropriate relationship to the surrounding area and all unreasonable adverse effects on the surrounding area are minimized. (b) The PUD provides internal streets that are adequate for the traffic generated and which provide adequate access for police and fire protection, safety, convenience and separation from living areas. (c) The PUD provides adequate parking for all proposed uses; (d) The PUD provides common open space that is adequate for the usage of its residents and which preserves both the natural features of the terrain and most productive agricultural lands within the property. (e) The PUD provides for a variety of housing types and the commercial facilities necessary for the enjoyment of the development; (f) The PUD through lot sizing, building set backs and architectural control provides adequate privacy between the dwelling units. (g) The PUD will allow clustering of development in some areas permitting the creation of additional open space. 10. The overall density of the development under the terms and conditions set forth herein and pursuant to the provisions of §4.07.06 of the Garfield County Zoning Resolution of 1978, as amended, will be no greater than four (4) dwelling units per acre. 11. The PUD exceeds the minimum number of acres required for PUD size. 12. More than 25% of the PUD is devoted to common open space. 13. Under the tenns and conditions set forth herein and pursuant to the PUD Development Plan, the PUD demonstrates the location and total acreage for each proposed use, together with the limitations on lot size and total density within each use. 14. Subject to the conditions set forth below all uses by right, conditional uses, minimum lot areas, minimum lot coverage, minimum set -backs, maximum height of buildings and all other use and occupancy restrictions applicable to this PUD are hereby approved by the Board of County Commissioners as set forth in the zone text attached hereto and incorporated herein as Exhibit A. 4 494584 B-982 P -10T 06718/96- WI 34-A7 PG a OF 14- 15. Pursuant to the provisions of §4.08,05 the Garfield County Zoning Resolution of 1978, as amended, the Applicant included in its written request for PUD rezoning all of the following: (a) A statement of ownership interest and written consent of the property owners; (b) a proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated open space, type of proposed uses and acreage devoted -to uses, proposed major internal circulation system, the acreage dedicated to school sites or payment in lieu thereof, the general location of commercial sites within the PUD, the manner in which provision for water, sewer, telephone, electric and gas would exist and other necessary restrictions sought by the Applicant; (c) a regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; (d) a site map indicating the boundaries of the PUD, its acreage, existing structures and existing zoning; (e)- a -site -topographic -map -with -5 -foot- intervals; (f) a legal description of the area included within the PUD; (g) a written application setting forth the objectives to be achieved by the PUD, a development schedule, which as modified below sets forth the beginning and completion dates for construction, copies of covenants, conditions and restrictions, which have now been amplified as set forth herein, a list of property owners within 300 feet of the boundaries of the PUD, statement by a licensed engineer that provided information concerning the proposed source of water to the PUD, a proposed method of sewage treatment, and a general manner in which provision would be made for potential natural hazards, including landslide areas, all of which are subject to the conditions set forth herein. 16. The PUD, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation or unique features of the site. 17. Subject to the provisions of §4.08.06 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. 5 494584 B-982 P-108 06/18/96 10:34A PG 6 OF 14 CONDITIONS OF APPROVAL The foregoing Findings are specifically entered subject to the adoption of and strict compliance with -the conditions- set forth below: Such -conditions -are a result of consideration of all - evidence, including public comment. ROAD IMPACTS 1. Applicant shall construct, consistent with Board of County Commissioner Resolution No 92-091, as amended, a northbound left-hand turn lane at the intersection of County Road 114 and Los Amigos Drive, which is the main entry road into Los Amigos Ranch PUD. As further conditions under this commitment, Applicant shall: (A) Obtain all required approvals from the County to vacate and relocate those portions of the County Road 114 right of way necessary for construction of the above left-hand turn lane, which approvals will not be unreasonably withheld by the County. (B) Complete construction of the above referenced left -turn lane shall be completed by 9/1/97 or within the next construction season following completion of legal proceedings and entry of final orders granting title the County or Applicant for the subject right-of-way above referenced. 2. At the time of each Final Plat approval, a fee shall be paid to the County in such an amount as shall be established by the Board pursuant to a road impact analysis to be accepted by the County at the time of each Preliminary Plan approval. Such fee shall be assessed as a per unit road impact fee based upon the estimated cost of two lane improvements to County Road 114 from its intersection with the highway frontage road adjacent to Highway 82 to its intersection with the entry road to Auburn Ridge housing project. The road impact analysis accepted by the County above, as the same may be from time to time modified to reflect current costs, shall be incorporated into all future analyses used by the County in quantifying road impact fees in the County Road 114 corridor, Payment of said road impact fees, shall be expressly conditioned upon the assessment by the County, at the time of Final Plat, of proportionately equal road impact fees upon all subsequently developed properties accessed in whole or part by County Road 114. 3. Paragraphs 1 and 2 set forth the full and complete obligation of the Applicant with respect to improvements to County Road 114 for the complete development of Los Amigos Ranch PUD as herein approved. 6 494584 B-982 P-109 06/18/96 10;34A PG 7 OF 14 DEDICATION OF ROADS 4. All roads contained within the Los Amigos Ranch PUD shall be dedicated to the homeowner's associations which will utilize the same for access to its properties and upon dedication, the respective homeowner's association shall thereafter be responsible for the maintenance and care thereof. Applicant shall submit a plan to the County prior to Preliminary Plan approval to privatize the roads within the Los Amigos Ranch PUD which are presently dedicated to the Public use and the approvals sought herein by Applicant shall not unreasonably be withheld by the County. WASTEWATER 5. The (44) lots along "Road A" (Los Amigos Drive to the water tank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation District, all lots depicted upon the PUD Plan as "High Density" single family lots, and all lots depicted upon the PUD Plan as "Multi -Family" units shall be serviced by central sewer provided by the Spring Valley Sanitation District. Given the economic inefficiencies and impracticalities associated with extending and maintaining central sewer service to the remaining westerly single family lots in the PUD, Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS), subject to the following conditions: (A) Applicant shall provide to the Board all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shall also be forwarded to the Colorado Department of Health, Water Quality Control Division for their review and recommendation. (B) The Board finds that the Colorado Department of Health has made a favorable recommendation regarding the proposed method of sewage disposal as required by C.R.S. 30-28-136(1)(g). WATER SUPPLY 6. In connection with each preliminary plat, the Applicant shall provide evidence that there shall be available adequate water quantity and quality to serve the reasonably foreseeable needs of the development within such preliminary plat. 7. In connection with the next succeeding preliminary plat for the Los Amigos Ranch PUD, the Applicant shall set forth the proposed method for transferring legal ownership and control of the water distribution facilities, water and water rights sufficient in quantity to service the approved units (hereinafter collectively Water Distribution System) to the Los 7 494584 B-982 P-110 06/18/96 10:34A PG 8 OF 14 Amigos Ranch Homeowners Association, Inc. It is agreed that as a term and condition of such method of transfer, the Applicant shall retain the right to -charge a -water- tap fee to initial purchasers of lots that will receive water from the Water Distribution System; provided, however, that such water tap fee on a per EQR basis, shall not exceed the Applicant's per EQR cost (plus interest thereon) of constructing and installing the Water Distribution System, including the cost of over sizing any elements of the Water Distribution System as maybe required to serve areas zoned multi -family or commercial . Upon the request of the -County, the Applicant shall provide the County with evidence of the actual costs incurred by Applicant in constructing and installing the facilities of the Water Distribution System. UTILITIES 8. At the time of the applicable Preliminary Plan submittal, the applicant will submit to the County a detailed Utility Plan that indicates the easement size and location for gas, electric, and telephone. Wastewater and water treatment facilities, and drainage/erosion control systems shall include Iine and facility sizing, in addition to the size and location of easements. WILDLIFE IMPACTS, OPEN SPACE AIR QUALITY 9. One dog will be allowed for each residential unit. This requirement will be included in the protective covenants, and will be enforced by the applicable homeowner's association. 10. Common open space areas shall be dedicated by the Applicant to the Los Amigos Ranch Homeowner's Association in an amount that maintains a 50:50 ratio or greater, dedicated open space to developed land. The dedication of open space shall coincide with the approval of the applicable final plat. 11. No open hearth solid -fuel fireplaces will be allowed. 12. Dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances. 13. Dwelling units will be allowed one (1) new wood -burning stove as defined by C.R. S. § 25-7-401, et. seq, and the regulations promulgated thereunder. 8 494584 B-982 P-111 06/18/96 10:34A PG 9 OF 14 PLAT NOTES 14. The following plat notes shall be included on all Final Plats. (a) Prior to the issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such engineering recommendations, which shall be a condition of Los Amigos Ranch Architectural Control Committee approval and the building permit. (B) The owner of each lot utilizing an individual sewage disposal system (ISDS) shall obtain site specific percolation tests to determine whether a standard septic system is acceptable or an engineered system is appropriate or required. Each ISDS shall be designed to minimize tree removal and changes to the natural contours of the land. (C) The recommendations of the Colorado State Forester and the Fire Chief as set forth in the Supplemental Declarations dated September 28, 1992 L. seq. shall be followed in the construction of all structures. (D) All lots designated to lie within the Spring Valley Sanitation District shall obtain central sewer service pursuant to agreement with the District. (E) Open hearth solid -fuel burning fireplaces are not allowed. (F) Each dwelling unit is allowed one dog. HOMEOWNERS' ASSOCIATION AND COVENANTS 15. Applicant has heretofore created the Los Amigos Ranch Homeowners Association, Inc, a Colorado non-profit corporation and by authority of the AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT, filed in the Office of the Garfield County Clerk and Recorder at Reception No. 421306, Book 799, Page 48, charged the association with certain duties and responsibilities including, but not limited to, the enforcement of said covenants, conditions and restrictions and the maintenance of common open space within subdivided lands of the Los Amigos Ranch PUD. 9 494584 B-982 P-112 06/18/96 10:34A PG 10 OF 14 16. Applicant shall, at approval of final plat, pursuant to the procedures set forth at ARTICLE VI, Paragraph 6.2 of the Amended Declaration above identified, "annex" the properties, contained within future filings of the PUD, specifically excepting therefrom all properties identified in the PUD Plan as "High Density Single Family" lots, "Multi -Family" units, and "Neighborhood Commercial" and "Multi -Family Open Space". 17. Applicant shall cause to be formed at the time of applicable final plat approval, a separate homeowner's association for the above identified "High Density Single Family" property. Coincident therewith, lands within the property designated "High Density Single Family" shall be dedicated by Applicant as common open space to the "High Density Single Family" homeowner's association, above formed, for the separate use and/or enjoyment of the members of said association. The land dedicated as common open space pursuant to this paragraph shall equal or exceed in amount of total acreage, 25% of the "High Density Single Family" property. 18. Applicant shall convey to the owners of the "Multi -Family" properties, at least 10 acres of common open space, which shall constitute at least 25% of the "Multi -Family" properties, for the use and/or benefit of the residents, occupants and owners of said "Multi - Family" properties. Applicant shall transfer such common open space land prior to approval of the next Final Plat filed in the Los_ Amigos Ranch PUD and same shall be designated upon said Final Plat as"Multi-Family O.S.". Upon acceptance of said conveyance , Applicant shall have no fiirther responsibility for the property conveyed and/or maintenance thereof 19, Applicant shall incorporate in the Supplemental Declaration filed pursuant to Paragraph 16, and the additional protective covenants, conditions and restrictions required under paragraph 17, above, such additional covenants, conditions and restrictions as are required to achieve the purposes and satisfy the conditions established in this resolution. School Impact. 20. Applicant shall, in lieu of the payment of an impact fee, dedicate to the RE -1 School District at the filing of the next final plat , that parcel of land identified upon the PUD Plan as the "School Site Parcel". The dedication of this property expressly satisfies all obligations of Applicant at time of future subdivision for the dedication of real property, payment of fees in lieu of property dedication and/or payment of school fees. 10 494584 B-982 P-113 06/18/96 10:34A PG 11 OF 14 Phasing. 21. Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and Final Plat phases set forth below: Phase Phase Description of Phase Commencement Date Completion of Designation Designation (Submission of Development Per (Preliminary (Final Plat) Preliminary Plan) Subdivision improvement Plan) Agreement 1 A Approximately 38 December 31, 1996 December 31, 1999 lots on Road A and (1) lot adjacent to Filing 2 2 B Approximately 45 December 31, 1999 December 31, 2002 lots on Road A near water tank and on Road B 2 C Approximately 45 December 31, 1999 December 31, 2005 lots through second draw, Road D 2 2 3 D Approximately 40 December 3 I, 1999 December 31. 2008 lots through third draw, Road E E Remaining single December 31, 1999 December 31, 2010 family lots, rural residential lots and neighborhood commercial F 80 high density December 31, 2002 December 31, 2010 single family lots in lower valley 22. It is specifically agreed that Los Amigos Ranch may receive separate Preliminary Plat approval for those portions of the PUD contained within the (3) phases above designated. Applicant shall obtain Preliminary Plat approval for Phase 1 prior to applying for Preliminary Plat approval for Phase 2. Preliminary Plat approval for Phase 3 shall not be conditioned upon Applicant having received prior Preliminary Plat approval for either Phase 1 or Phase 2. 11 494584 B-982 P-114 06/18/96 10:34A PG 12 OF 14 23. The final plat phasing schedule set forth above establishes maximum time periods, and does not in any manner preclude or limit Applicant from accelerating its construction schedule, which may be done by individual subdivision improvement agreement. PUD Zone Distrjct_TTxt. 24. Subject to the conditions set forth herein, the Board herein adopts and approves both the District Text and Planned Unit Development Plan attached as exhibits hereto. Vested Rights. 25, As a condition of approval and by agreement with the Los Amigos Ranch Partnership, the Board of County Commissioners herein adopts a development agreement pursuant to the provisions of §24-68-104(2), C.R.S., as amended, providing that property rights shall vest commencing with the final conditional approval of the Los Amigos Ranch PUD extending to December 31, 2010. With this approval, the Board of County Commissioners recognizes that this conditionally approved planned unit development, in its final conditional approval form, is a site specific development plan as set forth in §24-68-102(4), C.R. S., as amended. Therefore, during the time period set forth herein, the Applicant shall enjoy all of the vested rights set forth for such a development plan in §24-68-101, Ata., C.R. S., as amended. 26, Pursuant to the provisions of §24-68-103(1), C.R.S., as amended, the Board of County Commissioners herein conditions grant of the vested right set forth above upon all of the conditions of approval set forth in this conditional PUD approval. Such conditions specifically include, but are not limited to, strict compliance with the phasing plan set forth in paragraphs 30-33 above. Failure of the Applicant to comply with any element of that phasing plan or any of the conditions set forth in this Resolution, will subject the Applicant to forfeiture of vested rights, as such forfeiture is set forth in §24-68-103(1), C.R.S., as amended. 27, In order to effectuate the conditions set forth under subtitle "Vested Rights", the Applicant shall be required to execute a development agreement coincidental with the conditional approval of Los Amigos Ranch PUD herein and pursuant to § 24-68-103(1) C.R.S,, within (14) days of said approval, cause to be published in a newspaper of general circulation, a notice advising the general public of the site specific development plan approval and creation of vested property rights. 12 494584 B-982 P-115 06/18/96 10:34A PG 13 OF 14 General. 28. All representations of the Applicant, that are within the Application or stated at the public hearings before the Planning Commission and the Board of County Commissioners, shall be considered conditions of approval to the extent that such representations are not inconsistent with the conditions of approval set forth herein. The extent of any inconsistency between the conditions of approval set forth in this Resolution and the statements and representations of the Applicant, the conditions of approval set forth herein shall control. CONDITIONAL APPROVAL Pursuant to the foregoing findings and conditions, the Board of County Commissioners of Garfield County, Colorado, herein approves the amendment to PUD zone text and PUD plan requested herein by the Los Amigos Ranch Partnership subject to strict compliance with the terms and conditions set forth herein. Additionally, through this approval the Board herein adopts the PUD development plan attached herewith and incorporated herein. Dated this 17th day of June 1996 BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Marian I. Smith, Chairperson ATTEST:. ' dred Alsdorf Clerk to ;the Board: Upon Biot dialy made and seconded the foregoing Resolution was adopted by the following vote: MariarjI. Smith Arnold L. Mackley Elmer (Bucky) Arbaney 13 /4? /77 A 494584 8-982 P-116 06/18/96 10:34A PG 14 OF 14 '*1 • a a g Lcil 26 gLItgli?' [f) ki`iicti)-c • 4e; 1 -Li • 4 --1 o 441 CZIC:j '' .L: ' L. , -.4 4: 14 ...Z LC' 1' 4 9 ty . N,. L -LI •4 cii (ti '4' -6v; 4 LO ki- t7. 1ki 0' •• N --, 0 (f) .17-y(Sto-) 'Cilr,5',Lta s• -..-I) ("IL)--- CC (.5 Cl` 4.. 2 c3 1 '`48- ,°(ir'5.-. r,-1 — LLIO . -cic::, -4---v)A,—;,-`• '-') 14-. • C.) '•4& ip• • rric (.6 '&) • . 46 • •-• 4 ft CSI (43 C) • (4 CS 1 111111 11111 111111 111111 111 11111 1111111 111 11111 1111 ini 544256 01/07/2004 10:39A B1552 P773 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 6th day of October, 2003, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2004-05 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT FOR ELK SPRINGS, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received an application from Elk Springs, LLC to amend the text of the Los Amigos Ranch Planned Unit Development; WHEREAS, Los Amigos Ranch Planned Unit Development originally received Planned Unit Development approval from the Board of County Commissioners in 1981 which is memorialized in Resolution 81-358; WHEREAS, Elk Springs, LLC requests approval to amend the text of the PUD which will modify the phasing schedule of the Los Amigos PUD approved via Resolution 96-34 extending the deadline for submitting Phase Designation (preliminary plan) 3 from December 31, 2002 to December 31, 2005 (a three year extension); WHEREAS, on September 10, 2003, the Garfield County Planning Commission forwarded a unanimous recommendation of approval to the Board of County Commissioners for the proposed amendment to the Los Amigos Planned Unit Development; and WHEREAS, the Board of County Commissioners held a public hearing on the 6a' day of October, 2003 upon the question of whether the above-described text amendment of the Los Amigos Ranch PUD should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said text amendment of the Los Amigos Ranch PUD; and WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the meetings and hearings before the Planning Commission and before the Board of County Commissioners. 2. That the public meetings and hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the proposed text amendment of the Los Amigos Ranch PUD is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 4. The proposed text amendment of the Los Amigos Ranch PUD conforms to the Garfield County Zoning Resolution of 1978, as amended. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 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 request is approved to amend the text of the Los Amigos Ranch PUD such that the deadline in the approved phasing plan for submitting Phase Designation (preliminary plan) 3 shall be extended from December 31, 2002 to December 31, 2005 (as also shown in "Exhibit A" attached to this resolution) with the following condition: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Dated this 5th day of January, A.D. 2004 1 11111 111111 111111 111 11111 mini iii 11111 1111 ini 644256 01/07/2004 10:39A B1552 P774 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 111111111111111111111111111111111111111111111111111 IIL 544256 01/07/2004 10:39A B1552 P775 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO ATTEST: k'of the1.B. and GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO0 Upon motion duly made and seconded the foregoing R • ution was ad • e ted by the following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO County of Garfield )ss , Aye , Aye , Aye 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. 2003 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111111 11111 HMI 111111 111 11111 11111III 11111 11111111 644256 01/07/2004 10:39A B1552 P776 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO "Exhibit A" [Exhibit A is an attachment to the Resolution approving the text amendment to the Los Amigos Ranch Planned Unit Development that provides the amended phasing plan for the PUD.] PUD PHASING PLAN "hale Dectatian. Pre:roar estop n of Plias 1 A Approx 38 lots on Road A and (1) lot adjacent to Filing 2 December 31, 1996 December 31, 1999 2 B Approx 45 lots on road A near water tank and on Road B December 31, 1999 December 31, 2002 2 C Approx 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remainder single family lots, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 3 F 80 high density single- family lots in Lower Valley December 31, 2005 December 31, 2010 1111111 11111 NMI 11111 111111 1111E11 111111111I11I 692367 02/15/2006 02:06P B1772 P493 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 6th day of February, 2006, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006- 16 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT FOR ELK MESA PROPERTIES, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received an application from Elk Mesa Properties, LLC to amend the text of the phasing plan of the Los Amigos Ranch Planned Unit Development; WHEREAS, Los Amigos Ranch Planned Unit Development originally received Planned Unit Development approval from the Board of County Commissioners in 1981. which is memorialized in Resolution 81-358; WHEREAS, Elk Springs, LLC obtained approval to amend the text of the PUD which modified the phasing schedule of the Los Amigos PUD approved via Resolution 96-34 extending the deadline for submitting Phase Designation (preliminary plan) 3 from December 31, 2002 to December 31, 2005 which was memorialized in Resolution 2004- 05; WHEREAS, Elk Mesa Properties, LLC requests approval to amend the text of the PUD which will modify the phasing schedule of the Los Amigos PUD approved via Resolution 2004-05 extending the deadline for submitting Phase Designation (preliminary plan) 3 from December 31, 2005 to December 31, 2008 (a three year extension); tl 1 111111 11111 1111111 111 11111 111111 111111 111 11111 111 1111 692367 02/15/2006 02:06P 61772 P494 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, on January 11, 2006, the Garfield County Planning Commission forwarded a unanimous recommendation of approval to the Board of County Commissioners for the proposed amendment to the Los Amigos Planned Unit Development; and WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of February, 2006 upon the question of whether the above-described text amendment of the Los Amigos Ranch PUD should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said text amendment; and WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the meetings and hearings before the Planning Commission and before the Board of County Commissioners. 2. That the public meetings and hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the proposed text amendment of the Los Amigos Ranch PUD is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 4. The proposed text amendment of the Los Amigos Ranch PUD conforms to the Garfield County Zoning Resolution of 1978, as amended. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 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 request is approved to amend the text of the Los Amigos Ranch PUD such that the deadline in the approved phasing plan for submitting Phase Designation (preliminary plan) 3 shall be extended from December 31, 2005 to December 31, 2008 (as also shown in "Exhibit A" attached to this resolution) with the following condition: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 1 11E11 11111 11311 111 11111 111111 111111 111 11111 1111 1111 692367 02/15/2006 02:06P B1772 P495 M ALSDORE 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO "Exhibit A" [Exhibit A is an attachment to the Resolution approving the text amendment to the Los Amigos Ranch Planned Unit Development that provides the amended phasing plan for the PUD.] 1 2 2 2 A B Approx 38 lots on Road A and (1) lot adjacent to Filing 2 Approx 45 lots on road A near water tank and on Road B December 31, 1996 December 31, 1999 December 31, 1999 December- 31, 2002 c Approx 45 lots through second draw, Road D December 31, 1999 December 31, 2005 D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E 3 F Remainder single family lots, rural residential lots and neighborhood commercial 80 high density single-family lots in Lower Valley December 31, 1999 December 31, 2010 December 31, 2008 December 31, 2010 1 11111111111111111111111111111111111111 111 1111111111111 692367 02/15/2006 02:06P B1772 P496 M RLSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 13th day of Februarys A.D. 2006. A1'1EST: CreV of theh4, d '0 V rP �ff $ .. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF 1 LD COUNTY, CO nR•.r0 Upon motion duly made and seconded the foregoi the following vote: John Martin Larry McCown Tresi Houpt n was a opted by STATE OF COLORADO ) )ss County of Garfield ) , Aye Aye , Aye 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. 2006 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111 11111 Reception#: 740796 0110812008 02:17:35 PM Jean Alberico 1 of 4 Rep Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 17th of December, 2007, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008 — 0 6 A RESOLUTION AMENDING THE TEXT OF THE MULTI -FAMILY ZONE DISTRICT OF THE LOS AMIGOS RANCH PUD (RESOLUTION NUMBER 96-34) AS RECORDED ON JUNE 1$,1996 UNDER RECEPTION NUMBER 494584, BOOK 982 AND PAGE 103. WHEREAS, on the 17th day of June, 1996, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 96-34 concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, 1991, the Board adopted a codified version of the Garfield County Zoning Resolution of 1978 and all subsequent amendments; and WHEREAS, on the 13th day of October, 1993, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 93-084 concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, on November 28, 2007, the Garfield County Planning Commission recommended approval of the proposed text amendment to Resolution 96-34, Multi -Family Zone District of the Los Amigos Ranch PUD as recorded on June 18t, 1996 under Reception Number 494584, Book 982 and Page 103; Page 1 of 4 1111 In FIVI IPIIIIMNIII141111 l+i Wi1ialki 11111 Reception#: 740796 01/08/2008 02:17:35 PM Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, a public hearing was held on the 17th day of December, 2007 before the Board of County Commissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 100, Garfield County Administrative Building, 108 8th Street, Glenwood Springs, Colorado, as to which hearing, public notice was given in accordance with requirements of Section 10 of the Garfield County Zoning Resolution; WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: 1. That the meeting before the County Planning Commission and the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard; 2. The proposed modification, removal or release of the provisions of the Plan by the County does not affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; 3. The PUD text is consistent with the efficient development and preservation of the entire PUD [and the modification] does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person; 4. That the proposed PUD Amendment has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 5. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Los Amigos Ranch PUD, adopted on the 17th day of June, 1996, and identified as its Resolution No. 96-34, shall be and hereby is amended and said language will be incorporated into the West Bank PUD as shown on the attached Exhibit A: -ft- { ADOPTED this 1 day of cJ a -,. , 2008 ATI EST: GARF UNTY BOARD OF CO ISSIO RS, GARFIELD Cr TY, CO ORADO irk of the Board Ch Page 2 of 4 1IIIVIIIIV13411,141.10.4 WINITCHZ 11111 Reception#: 740796 01108/2008 02:17:35 PM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry McCown Tresi Houpt John Martin STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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. 2008. County Clerk and ex -officio Clerk of the Board of County Commissioners Page 3 of 4 1111 IP'.r417lr40,10.Nl .141&10'I 1 1 1411 01 Reception#: 740796 01/08/2008 02:17:35 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Los Amigos Ranch PUD Multi -Family Zone District (Lots 1 and 2) as described in Resolution 96-34 in Book 982, Page 103 and under Resolution Number 494584 Page 14. Multi -Family Zone District ZONE DISTRICT PERMITFEDt CONDITIONAL USES P12NUMUM LOT AREA MAX LOT COVERAGE MININUM SETBACKS MAX MAX F.A.R. HEIGHT M.F. (Multi Family) Single family, two family and multiple family dwelling, and customary accessory uses, town house, condominium, common wall design, conditional uses same as S.F. (a) single family detached dwellings and two-family dwellings: 7,500 square -feet (3,750 s.f. for each duplex unit) (a) not more than 50% (a) 25' front and back; 10' sides (a) 30' (a) 0.5 (b) townhouses and condominiums, zero lot -line attached single family dwellings: 600 square -feet (b) 100% (zero lot line). ' Total lot coverage of each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 shall not exceed 50% of the total area of such lot (b) zero lot line for individual units. * All buildings shall be setback from the existing lot lines of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 as follows: 25' front and back; 10' sides (b) 30' * Total floor area of all buildings located on Lot l or Lot 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 shall not exceed 50% of the total area of such lot * Referenced zone district text applies to each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 as a whole, not to individually created townhouse, condominium, or attached single-family dwelline lots. Page 4 of 4 BOCC 02/06/06 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Amend the text of the Los Amigos Ranch PUD APPLICANT: Elk Mesa Properties, LLC LEGAL COUNSEL: Balcomb & Green LOCATION: A parcel of land located in portions of Sections 35 and 36, T6S, R89W; portions of Sections 31, 32, and 33 of T6S and R88W of the 6`h P.M.: more practically located approximately 2 miles southeast of Glenwood Springs off of CR 114. SITE DATA: WATER: SEWER: ACCESS: ZONING: 1,703.058 acres Central Water ISDS / Central System CR 114 PUD V 511- 2y '` I. DESCRIPTION OF THE PROPOSAL Elk Mesa Properties, LLC, current owner of all unsold lots of the Los Amigos Ranch PUD, requests the Board approve a request to amend the phasing schedule of the Los Amigos Planned Unit Development such that the commencement date (submission of Preliminary Plan) of Phase 3 is extended from December 31, 2005 to December 31, 2008, (a three year extension). 17 You will recall, the Applicant received approval from the Planning Commission and the Board of County Commissioners to extend the commencement date for the same phase in October 2003 from December 31, 2002 to December 31, 2005. This approval is memorialized in resolution 2004-05. This request is identical to their recent request where the Applicant will continue to adhere to the completion deadline of December 31, 2010. This phase designation 3 is described as the 80 high- density single-family lots in the Lower Valley of the Los Amigos Ranch PUD. Staff has provided the approved PUD phasing plan on the following page. The Applicant submitted a letter requesting the 1 amendment. (Exhibit C). II. PUD PHASING PLAN APPROVED IN RESOLUTION 2004-05 Phase Phase Designation Description of Phase Commencement Date Completion of Development (per Designation (Submission of Preliminary Plan) Subdivision Improvement Agreement) (Preliminary Plan) (Final Plat) I A Approx 38 lots on Road A and (1) lot adjacent to Filing 2 December 31, 1996 December 31, 1999 2 B Approx 45 lots on road A near water tank and on Road B December 31, 1999 December 31, 2002 2 C Approx 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remainder single family Ions, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 3 F 80 high density single-family lots _ in Lower Valley December 31, 2005 December 31, 2010 III. STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria by which the Board of County Commissioners may allow for the modification of a PUD plan. Specifically, it states, all those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following (these criteria are listed below in bold italics followed by a response): (1) No modification, removal or release of the provisions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and Response The present application requests a change in the PUD zone text extending the deadline for submittal of a preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The application does not request any change in land use or location of common open space for any portion of the PUD. The request therefore should not affect rights of owners or residents to maintain and enforce their rights at law or equity. This standard is met. (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the 2 modification, removal or release is consistent with the efficient development and preservation of the entire PUD does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. Response The request to extend the deadline for submittal of the Preliminary Plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion of the Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley which has obligated 270 EQR's to the property. Additionally, the physical water and sewer lines have been extended to the property and are presently in place to serve the development when development occurs. Based on this, it appears the applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley, not a request to extend the completion date for development. As such, the requested zone text amendment is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. This standard is met. (3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. Response No fractional ownership is currently allowed within the PUD or proposed by the application. This standard is met. IV. SUGGESTED FINDINGS TO BOARD OF COUNTY COMMISSIONERS 1. That the meeting before the County 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 were heard at the meeting. 2. That the proposed PUD Amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. 3 V. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the Board of County Commissioners approve the proposed text amendment of the Los Amigos Ranch PUD. 4 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANIEL C, WENNOGLE SCOTT GROSSCUP VIA HAND DELIVERY TO: BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 700 8.18 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.045.8546 FACSIMILE: 070.94 5.9769 www.balcombgreen.com December 12, 2005 Fred Jarman, Senior Planner Garfield County Building and Planning Department 108 8`h Street, Suite 201 Glenwood Springs, CO 81601 Re: Application to Amend Los Amigos Ranch PUD Dear Fred: d„) KENNETH BALCOMB ( 920-2005) OF COUNSEL: JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY As we have recently discussed, I am herewith submitting an Application for a zone text amendment to the Los Amigos Ranch PUD. As suggested by the guidelines for submittal requirements, two copies of this letter and all of its attachments (except for the fee) are being provided. This Application is submitted on behalf of Elk Mesa Properties, LLC, the owner of the subject property. The subject property is that portion of the Los Amigos Ranch PUD generally described as the 80 high density single family lots in the Lower Valley (the "Lower Valley"). As you may recall, Resolution No. 96-34 of the Board of County Commissioners of Garfield County, copy enclosed, establishes the operative zoning approval for the PUD. Paragraph 21 of Resolution No. 96-34 establishes the approved phasing schedule for the PUD.' On October 6, 2003, You will recall that portions of the phasing schedule set forth in Resolution No. 96-34 were amended by Resolution No. 98-30, "A Resolution Concerned with the Approval of a Preliminary Plan for the Los Amigos Ranch, Filings 6 - 10 Subdivision." The approved change was to require that a final plat for the first development phase approved in such preliminary plan was submitted within one year of the preliminary plan approval as required by Section 4:34 of the Garfield County Subdivision Regulations. This deadline was met by the County's approval of the Final Plat for Los Amigos Ranch Filing No. 6 and the recording of that Final Plat on February 7, 2001 as Reception No. 575830. The remainder of the phasing schedule deadlines set forth in Resolution No. 96-34 were not modified by Resolution No. 98-30. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 2 as reflected in Resolution 2004-05, copy enclosed, the Board of County Commissioners approved our request to amend paragraph 21 of Resolution 96-34, so that the deadline for submitting an application for preliminary plan for Phase Designation (Preliminary Plan) 3 was extended to December 31, 2005. By this letter, the Applicant is requesting the following amendment of paragraph 21 of Resolution No. 96-34, as previously amended by Resolution No. 2004-05: That the Commencement Date (Submission of Preliminary Plan) for Phase Designation (Preliminary Plan) 3 be changed from December 31, 2005 to December 31, 2008. We submit that the phasing schedule amendment requested by this Application is an amendment to the text of an approved PUD resolution which does not affect the shape, boundaries or area of any district within the PUD, and is therefore a "text amendment" under Section 10.01.01 of the Garfield County Zoning Resolution of 1978, and should be processed as such. Pursuant to Section 10.03 of the Garfield County Zoning Resolution, we submit the following reasons to support the requested amendment: 1. To this date, the Applicant has diligently developed the PUD in accordance with the approved phasing schedule set out in paragraph 21 of Resolution No. 96-34 as modified by Resolution No. 98-30 and Resolution No. 2004-05. The Applicant obtained preliminary plan approval for Preliminary Plan Phase Designation 2 in accordance with the approved phasing schedule, and thereafter completed the development of Los Amigos Ranch, Filing No. 6 and Filing No. 7 (which equate to Phase Designations (Final Plat) B and C) in accordance with the phasing schedule. Commencing in approximately early fall of 1998 the Applicant commenced negotiations with the Spring Valley Sanitation District and other property owners within Spring Valley for the funding and construction of an expanded wastewater treatment facility, to be owned and operated by the Spring Valley Sanitation District, to provide wastewater treatment services to a large area of Spring Valley and the Lower Valley. These negotiations lasted well over a year and culminated in the execution of that certain Pre -Inclusion and Wastewater Treatment Plan Development Agreement dated December 15, 1999. Pursuant to that Agreement, the Spring Valley Sanitation District has now completed the construction of an expanded wastewater treatment facility which became operational in October, 2002. Under that Agreement, the Applicant paid approximately $1.1 Million of the construction costs of the plant, or approximately 25% of the total construction costs. In exchange for this payment, the Applicant has reserved 270 EQR's of treatment capacity from the expanded wastewater treatment plant, 80 of which are allocated for the development of the Lower Valley. In addition, in connection with the construction of the new Spring Valley Sanitation District Wastewater treatment plant, and development of infrastructure to other phases of Los BALCOMB & GREEN, P.C. ATTORNEYS A'l' LAV Fred Jarman, Senior Planner December 12, 2005 Page 3 Amigos Ranch PUD, the Applicant has actually installed both water and sewer utility lines into the boundaries of the Lower Valley at a cost to the Applicant of several hundred thousand dollars. Under these facts, wastewater treatment service and domestic water service for the Lower Valley is in place, and an application for preliminary plan approval relying on these utility systems will now be appropriate. Given the uncertain economic conditions at this time, the Applicant is requesting an extension of time until December 31, 2008 to submit its preliminary plan application for the Lower Valley. Because the Applicant is not requesting any extension of the completion date for development of the Lower Valley, the entire PUD will be completed within 15 years of the PUD approval which is within the time frame allowed for the development of projects of this size as set forth in Section 4:34 of the Subdivision Regulations. Clearly, the Applicant has consistently evidenced its intent to fully develop the PUD as approved by Resolution No. 96-34. 2. By this request, the Applicant is asking only that the deadline to submit the preliminary plan for Phase Designation (Preliminary Plan) 3 in Resolution No. 2004-05 be extended until December 31, 2008. No extension of the completion deadline for the Lower Valley is requested. A request to amend a PUD is to be considered in the context of the criteria set forth in Section 4.12.03 of the Garfield County Zoning Resolution. We submit that this request is justified because it is consistent with those criteria. Section 4.12.03 of the Zoning Resolution states that all those provisions of a PUD plan authorize to be enforced by the County may be modified, removed or released by the County, subject to the following (the criteria are listed below in bold italics, followed by the Applicant's response): (1) No modification, removal or release of the provisions ofthe Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity: 1. Response The present request is to change the approved phasing schedule in the PUD by extending the deadline for submitting the preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The application does not request any change in land use or location of common open space for any portion of the PUD. The request therefore should not affect rights of owners or residents to maintain and enforce their rights at law or equity. This standard is met. BALCOMET & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 4 (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24- 67-104. C.R.S., that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD does not affect in a substantially adverse manner either the enjoyment ofland abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. Response The request to extend the deadline for submittal of the preliminary plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion of the Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley and has installed water and sewer main lines to the Lower Valley. The applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley; the Applicant does not request to extend the completion date for development. As such, the requested zone text amendment is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. This standard is met. (3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. Response No fractional ownership is currently allowed within the PUD or proposed by the application. This standard is met. To complete this application, please find the following also enclosed: 1. Garfield County's Text Amendment to Zone District/Zoning Resolution Application; 2. A letter from Elk Mesa Properties, LLC authorizing me to act on its behalf to submit and prosecute this application; 3. Garfield County's Agreement for Payment Form executed by Elk Mesa Properties, LLC; BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 5 4. A current commitment for title insurance reflecting that Elk Mesa Properties, LLC is the owner of the subject property; and 5. Our check in the amount of $500.00 which we understand to be the application fee for processing a PUD text amendment. We look forward to working with you to process this application. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Gary McElwee (w/out enols.) awrence R. Green Revised Los Amigos PUD Guide Compiled from Resolutions 79-15, 81-358, 96-34, 04-05, 06-16 and 2008-06 (Drafted February 18, 2016 for Pinyon Mesa II PUD Amendment) Zone Districts The planned unit development shall consist of four zone districts, the boundaries of which shall be indicated upon the final plat or plats of the Los Amigos Ranch, the planned unit development, which districts shall be designated as follows: Single -Family Residential District Multi -Family Residential District Neighborhood Commercial Open Space District Permitted Uses The uses permitted within said districts, together with the regulations affecting the usage of the lands contained therein, shall be as follows: Single -Family Residential District 1. Uses, by Right: Single. -Family dwelling and customary accessory uses. 2. Uses, Conditional: Churches", hospital, nursery, school site, home occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 65,000 sq. ft.(sewer) 2 ac. (ISDS & sewer) 5. Minimum Setback: To be specified at time of final plat by showing permitted building envelopes. 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 10 percent. 8. Maximum Floor Area Ratio: 15 percent. 9. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions, and restrictions contained in this application and to additional previsions, covenants, conditions and restrictions by the recording of any supplemental declarations. 1 Multi -Family Residential District Zone District Permitted Conditional Uses Minimum Lot Area Max Lot Coverage Minimum Setbacks Max Height Max F.A.R M.F. (Multi Family) Lots 1 and 2 per Reso 96-34 Single family, two family and multiple family dwelling, and customary accessory uses, townhouses, condominium, common wall design, conditional uses same as S.F. (a) single family detached dwelling and two family dwellings: 7,500 square feet (3,750 s.f. for each duplex unit) (sewer) (a) not more than 50% (a) front and back; 10' sides (a) 30' (a) 0.5 (b) Townhouses and condominiums zero lot -line attached single family dwellings: 600 square feet. (sewer) (b) 100% (zero lot line). *Total lot coverage of each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 shall not exceed 50% of the total area of such lot. (b) Zero lot line individual units. *AII buildings shall be setback from the existing lot lines of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 as follows: 25' front and back; 10' sides (b) 30' *Total floor area of all buildings located on Lot 1 or Lot 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 shall not exceed 50% of the total area of such lot *Referenced zone district text applies to each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 as a whole, not to individually created townhouse, condominium, or attached single family dwelling lots. Rural Residential District 1. Uses, by Right: Single-family dwelling and accessory uses. 2. Uses, Conditional: Churches, hospital, nursery, school site, home occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 35 acres (ISDS) 5. Minimum Setback: N/A 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: N/A 8. Floor Area Ratio: N/A 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. These lots shall never be subject to resubdivision. 2 Neighborhood Commercial District 1. Uses, by Right: Single-family, retail groceries, drugstore, laundry service, furniture, appliances, hardware, clothing, garden supply, personal services, restaurant, and indoor recreation. 2. Uses, Conditional: None. 3. Uses, Special: None. 4. Minimum Lot Area: one acre (sewer) 5. Minimum Setback: a. Front yard- 25 feet from lot line b. Rear yard - 25 feet from lot line c. Side yard - 10 feet from lot line 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 50 percent. 8. Maximum Floor Area Ratio: 50 percent. 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. School Site District 1. Uses, by Right: Elementary School, Nursery. 2. Uses, Conditional: None 3. Uses, Special: None. 4. Minimum Lot Area: N/A (sewer) 5. Minimum Setback: N/A 6. Maximum Height of Buildings: N/A 7. Minimum Lot Coverage: N/A Open Space District 1. Uses, by Right: Ranching, farming, and general agricultural activities, and accessory uses, thereto. 2. Uses, Conditional: None 3. Uses, Special: None. 4. Minimum Lot Area: N/A 5. Minimum Setback: N/A 6. Maximum Height of Buildings: N/A 7. Minimum Lot Coverage: N/A Area of Applicability The PUD covers the following described unincorporated area of Garfield County: Township 6 South, Range 88 West of the 6th P.M. Section 31: SE -1/4 and Lot 2 Section 32: S-1/2 SW -1/4, Lot 7 and SE-%, SE-% Section 33: Lots 18 and 19 Township 7 South, Range 88 West of the 6th P.M. Section 5: Lots 3, 4, 5, 6, 7, 11 and the easterly 1/2 of lot 10, NE-% SW -1/4, NW -1/4 SE -1/4, SE-% 3 NW-% and NE-% Section 6: Lots 2, 3, 4, 5, 6, 7, SW -1/4 NE -1/4 and NW -1/4 -SE -1/4 Township 6 South, Range 89 West of the 6th P.M. Section 35: Lots 1, 2, 10 and 16 Section 36: SE'/4, N1/2 SW1/4 NE1% NW1/4 and Lots 1 and 2 EXCEPTING from the above described property the parcels of land as follows: 1. William E. Foster and Bruce Dixson by deed recorded in Book 374 at Page 480; 2. Colorado Mountain Junior College District by deeds recorded in Book 381 at Page 537 and Book 399 at Page 265; 3. Board of County Commissioners of Garfield County, Colorado, by deed recorded in Book 409 at Page 220. 4. All that portion of Lot' 2, Section 6, Township 7 South, Range 88 West of the 6th P.M. lying Southwesterly of the Southeasterly right of way line of a county road known as the "College Road". Parcel 1 That part of T.7 S., R. 88 W. of the 6th P.M., being all of Lot 9 and the Westerly one-half of Lot 10 of Sec. 5, all of Lot 5 of Sec. 8 and that part of Lot 4 of Sec. 8, lying Westerly of the westerly right-of-way line of a County Road as constructed an in place, the Westerly right-of-way line of said road being described as follows: Beginning at a point on the Southerly line of said Lot 4, said point being on the Westerly right-of-way line of said County Road, whence the NE Corner of said Sec. 8 bears: N.60°03'34" E.1933.73 feet; thence N.03. 12.'18" E. 242.69 feet along the Westerly right-of-way line of said County Road; thence N.14. 58'08" E, 144:01 feet along the Westerly right-of-way line of said County Road; thence N.52. 07' E.691.57 feet along the Westerly right-of-way line of said County Road to a point on the Northerly line of said Lot 4. EXCEPT the Westerly 1024 feet of said Lot 5, Sec. 8 and said Lot 9, Sec. 5. Parcel 2 Lot 8 of Sec. 5, Lots 8 and 9 of Sec. 6, Lots 10 and 11 of Sec. 7 and Lot 6 of Sec. 8, T. 7S, R.88W. of the 6th P.M. EXCEPT all that part thereof heretofore conveyed by deeds recorded as Document No. 249250 in Book 418 at Page 1; Document No. 248001 in Book 409 at Page 220. County of Garfield State of Colorado and The Westerly 1024 feet at Lot Five (5), Section Eight (8), and Lot 'Nine (9), Section Five (5), Township 7 South, Range 88 West of the 6th P.M., also known as Los Amigos Ranch PUD. WASTEWATER (from RESOLUTION 96-34) The (44) lots along "Road A" (Los Amigos Drive to the water tank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation District, all lots depicted upon the PUD Plan as "High Density" single family lots, and all lots depicted upon the PUD Plan as "Multi -Family" units shall be serviced by central sewer provided by the Spring Valley Sanitation District. Given the economic inefficiencies and impracticalities associated with extending and maintaining central sewer service to the remaining westerly single family lots in the PUD, Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS), subject to the following conditions: 4 (A) Applicant shall provide to the Board all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shall also be forwarded to the Colorado Department of Health, Water Quality Control Division for their review and recommendation. (B) The Board finds that the Colorado Department of Health has made a favorable recommendation regarding the proposed method of sewage disposal as required by C.R.S. 30-28-136 (1)(g) UTILITIES (from RESOLUTION 96-34) Common open space areas shall be dedicated by the Applicant to the Los Amigos Ranch Homeowner's Association in an amount that maintains a 50:50 ratio or greater, dedicated open space to developed land. The dedication of open space shall coincide with the approval of the applicable final plat. PHASING (from RESOLUTION 96-34) Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and Final Plan phases set forth below. Phase Designation (Preliminary Plan) Phase Designation (Final Plat) Description of Phase Commencement Date (Submission of Preliminary Plan) Completion of Development Per Subdivision Improvement Agreement 1 A Approximately 38 lots on Road A and (1) lot adjacent to Filing 2 December 31, 1996 December 31, 1999 2 B Approximately 45 lots on Road A near water tank on Road B December 31, 1999 December 31, 2002 2 C Approximately 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approximately 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remaining single family lots, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 3 F 80 high density single family lots in lower valley December 31, 2008 (Reso 2006-16) December 31, 2019 (Prop..PUD Amend 2/2016) 5 F.. Area • ° 000 Detrai CMC Rd 11IIIIIIIII P it l �IIIuuIIICII /I11111 A 1 gri v.tivi. ...! 'La le" r ; .41 IAN -� 4 I Ipri fl/1 k 11 . _7- / I • ,I/Ii ., 1) 44 r ,l s — JI I f • Cattle Creek Rrd r Pinyon Mesa II Q 3.5 Mile Radius Roads Parcels 1 L118 W. Sixth St., Suite 200 Glenwood Springs, CO 81601 970.945 1004 6SGM om Pinyon Mesa 11 PUD Amendment Garfield County, CO Date: 01/26/2016 I Job No. 1502G Map by: RKK Coordinate System: NAD 1983 StatePlane Colorado Central FIPS 0502 Ft US Projection: Lambert Conformal Conic Data Sources: ESRI, SG M, Garfield County Page: File: I:\1981\01502\C413\GIS\MXDs\Pinyon Mesa II PUD Amendment The information displayed above is intended for general planning purposes. Refer t0 legal documentation/data sources for descriptions/locafons. 4,000 8,000 Feet 1:60,000