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HomeMy WebLinkAbout1.01 Updated Application Documents - 09.04.2025 HERBERT S. KLEIN PC* hsk@kceclaw.com 101 SOUTH MILL STREET LANCE R. COTÉ, PC** (Ret) cote@kceclaw.com SUITE 200 JOSEPH E. EDWARDS, III, PC jee@kceclaw.com ASPEN, COLORADO 81611 KENNETH E. CITRON, PC*** kcitron@kceclaw.com TELEPHONE: (970) 925-8700 JOHN H. KENEALLY**** jkeneally@kceclaw.com www.kceclaw.com *also admitted in Hawaii **also admitted in California ***also admitted in New York and Massachusetts ****also admitted in New York Sender’s Direct: (970) 925-8702 June 12, 2025 Glenn Hartmann Philip Berry Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Spring Valley Ranch (Parcels No. 2187-201-00-168; 2187-262-00-168; 2187- 161-00-169; and 2187-331-00-152) Dear Glenn and Philip: As you know, I represent Spring Valley Holdings, LLC, a Colorado limited liability company (“SVH”), the owner of the property known as Spring Valley Ranch (the “Property”) and described in the deed recorded November 18, 2005, as Reception No. 686804 of the Garfield County Records. This letter is intended to provide to you an update on the status of the application for the PUD Amendment for the Property filed with you May 2023 and later revised and supplemented in May and December of 2024 (the “Application”). The Applicant originally listed in the Application (and authorized by SVH) was Storied Development, LLC (“Storied”). SVH and Storied were parties to a Purchase and Sale Agreement related to the Property. That Agreement has been terminated. While the terms of that Agreement are subject to a continuing confidentiality provision, I can and do represent to you that pursuant to that Agreement, SVH is now the owner of all of the Application and associated reports and materials. Moreover, I further represent to you that we have been in contact with the professionals listed on the “Consultant Team” list in the Application and, except for Land Planning, Legal and Water Law, the consultants remain the same. Attached hereto is a revised Consultant Team list. Further you asked that, since I will be replacing Bart Johnson as legal counsel for the Applicant, that I provide a new minerals letter. That letter is attached. All of the other Appendices to the Application remain unchanged. A list of the appendices is attached. Glenn Hartmann Philip Berry June 12, 2025 Page 2 Please let me know if you have any questions or need any additional information. Very truly yours, KLEIN COTÉ EDWARDS CITRON LLC By: ________________________________ Joseph E. Edwards, III Cc: Daniel Goldberg Kelly Cave Consultant Team List Applicant/Property Owner: Spring Valley Holdings, LLC; Contact: Daniel Goldberg, 600 Montgomery Street, 40th Floor, San Francisco, CA 94111; Phone: 415.658.2889 Legal Klein Coté Edwards Citron LLC; Contact: Jody Edwards, 101 South Mill St., Ste. 200, Aspen, CO 81611; Phone: 970.925.8702 Water Law Corona Water Law; Contact: Craig Corona, 1018 Lauren Lane, Basalt, CO 81621; Phone: 970.948.6523 Water Engineer Colorado River Engineering, Inc.; Contact: Michael J. Erion, P.E.; P.O. Box 1301, Rifle, CO 81650; Phone: 970.625.4933 Site Planning Swaback; Contact: David Blanco, 7550 E McDonald Drive, #A, Scottsdale, AZ 85250; Phone: 480.682.1720 Civil Engineering; Roaring Fork Engineering, Contact: Richard Goulding, 592 Highway 133, Carbondale, CO 81623; Phone: 970.340.4130 Traffic Engineering McDowell Engineering; Contact: Greg Schroeder, 241 Broadway Street, Eagle, CO 81631; Phone: 970.623.0788 Environmental Western Bionomics; Contact: Kelly Colfer, 31040 Willow Lane, Steamboat Springs, CO 80487 ; Phone: 970.846.8223 Geotechnical Engineer CTL Thompson; Contact: James Kellogg, 234 Center Drive, Glenwood Springs, CO 81601; Phone: 970.945.2809 Wildfire Specialist White River Fire Consulting Contact: Chris White 2015 Breckenridge Drive Berthoud, CO 80513 Phone: 303.550.4505 Surveying Peak Surveying; Contact: Jason Neil, P.O. Box 1746, Rifle, CO 81650; Phone: 970.625.1954 Public Finance Analyst Gruen Gruen & Associates; Contact: Aaron N. Gruen, 336 S. Downing Street, #1802, Denver, CO 80209; Phone: 847.317.0634 Metro District Counsel Garfield & Hecht Contact: Haley Carmer, 910 Grand Avenue, Suite 201, Glenwood Springs, CO 81601; Phone: 970.947.1936 Communications Project Resource Studio; Contact: Kathleen Wanatowicz, 23400 Two Rivers Road, #49, Basalt, CO 81621; Phone: 970.618.5114 HERBERT S. KLEIN PC* hsk@kceclaw.com 101 SOUTH MILL STREET LANCE R. COTÉ, PC** (Ret) cote@kceclaw.com SUITE 200 JOSEPH E. EDWARDS, III, PC jee@kceclaw.com ASPEN, COLORADO 81611 KENNETH E. CITRON, PC*** kcitron@kceclaw.com TELEPHONE: (970) 925-8700 JOHN H. KENEALLY**** jkeneally@kceclaw.com www.kceclaw.com *also admitted in Hawaii **also admitted in California ***also admitted in New York and Massachusetts ****also admitted in New York Sender’s Direct: (970) 925-8702 June 12, 2025 Glenn Hartmann Philip Berry Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Spring Valley Ranch (Parcels No. 2187-201-00-168; 2187-262-00-168; 2187- 161-00-169; and 2187-331-00-152) Dear Glenn and Philip: As you know, I represent Spring Valley Holdings, LLC, a Colorado limited liability company, the owner of the property known as Spring Valley Ranch (the “Property”) and described in the deed recorded November 18, 2005, as Reception No. 686804 of the Garfield County Records. This letter is intended to provide to you a list of the owners of any subsurface mineral interests. I reviewed the Title Insurance Commitment provided by Title Company of the Rockies, Commitment No. 7001197-C in order to determine whether there were any severed mineral interests. There is only one minerals reservation and it appears in eight separate Patents related to the Property. The reservation states: “Excepting and reserving, however, to the U.S. all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant to the Act of December 29, 1916.” That reservation appears in the following Patents related to the Property: DATE RECORDED BOOK and PAGE RECEPTION NO. October 31, 1939 Book 194 at Page 590 Reception No. 137373 May 20, 1940 Book 194 at Page 617 Reception No. 139733 February 26, 1952 Book 263 at Page 231 Reception No. 178627 February 26, 1952 Book 263 at Page 232 Reception No. 178628 February 26, 1952 Book 263 at Page 236 Reception No. 178632 Glenn Hartmann Philip Berry June 12, 2025 Page 2 February 26, 1952 Book 263 at Page 238 Reception No. 178634 February 26, 1952 Book 263 at Page 239 Reception No. 178635 March 3, 1952 Book 263 at Page 282 Reception No. 178690 Section 24-65.5-103(2)(a), C.R.S., on which Garfield County Land Use Code §4-203B.3.b. is based, requires that notice be sent “to the last-known address of the mineral estate owner as shown by such records.” I reviewed each of these Patents and none of the above-described Patents lists an address for notice as required by the Statute or the Code. However, the Patents each reference the General Land Office of the United States of America. Based on an internet search, the General Land Office is a Department of the Bureau of Land Management, which is itself a part of the US Department of the Interior. According to the website for the BLM, the mailing address for the BLM is: 760 Horizon Drive Grand Junction, CO 81506 I see no evidence in the Commitment that any of those rights reserved to the United States have been assigned to any other party. Please let me know if you have any questions or need any additional information. Very truly yours, KLEIN COTÉ EDWARDS CITRON LLC By: ________________________________ Joseph E. Edwards, III Cc: Daniel Goldberg Kelly Cave Appendices to Narrative Report A. Application Forms & Consent Letters B. Title Commitment C. Adjacent Property Owners & Mineral Owners D. Vicinity Map E. Conceptual Plan F. Impact Analysis G. Development Agreement H. Transportation Impact Study I. Existing Drainage & Flood Hazard Report J. PUD Plan Map & Zone District Map K. PUD Guide (including Community Housing Plan) L. Schematic Engineering Plans M. District & Utility Service Letters N. Geologic Evaluation O. Legal Water Supply Report P. Water Supply and Distribution Plan Q. Wildfire Mitigation Report R. Fiscal & Economic Impact Report S. Covenants, Conditions & Restrictions T. Aquifer Sustainability Study U. Public Outreach Summary SPRING VALLEY HOLDINGS LLC 600 Montgomery Street, 40th Floor San Francisco, CA 94111 VIA EMAIL Kelly Cave, Assistant County Attorney Glenn Hartmann, Community Development Director Garfield County 108 Eighth Street Glenwood Springs, Colorado 81601 Re: Letter of Authorization; Spring Valley Ranch; Parcels No. 2187-201-00-168; 2187-262-00-168; 2187-161-00-169; and 2187- 331-00-152 (the “Property”) Dear Kelly and Glenn: This letter is to confirm that that I represent Spring Valley Holdings LLC (“SVH”) as the owner’s representative pursuant to the Statement of Authority for SVH recorded May 21, 2025, as Reception No. 1007152. Further, with regard to all matters before the County, including the application for Amendment to the PUD Plan for the Property (the “Application”) which was originally filed with you by LANDWEST, the following are authorized to represent SVH: Legal Klein Coté Edwards Citron LLC; Contact: Jody Edwards, 101 South Mill St., Ste. 200, Aspen, CO 81611; Phone: 970.925.8702 Water Law Corona Water Law; Contact: Craig Corona, 1018 Lauren Lane, Basalt, CO 81621; Phone: 970.948.6523 Civil Engineering Roaring Fork Engineering, Contact: Richard Goulding, 592 Highway 133, Carbondale, CO 81623; Phone: 970.340.4130 As always, I am available to discuss any questions or concerns you may have. Very truly yours, SPRING VALLEY HOLDINGS LLC By: ________________________________ Daniel Goldberg, Authorized Representative cc: Brian Friedman J. Bart Johnson 970.544.4602 johnson@wcrlegal.com June 13, 2025 Via Email Garfield County Attorney’s Office Attn: Kelly Cave, Esq. 108 8th St., Ste. 219 Glenwood Springs, CO 81601 Garfield County Community Development Department Attn: Glenn Hartmann, Director 108 8th St., Ste. 401 Glenwood Springs, CO 81601 Re: Application for Amendment to Spring Valley Ranch PUD – File No. PUAA-05-23-8967 Dear Kelly and Glenn: This letter is being sent to update, clarify and supersede my prior letter to you of May 9, 2025. As you know, our firm and Jon Fredericks of LANDWEST has been representing Storied Development LLC (“Storied”) as the applicant for a Substantial Amendment to the Spring Valley Ranch PUD (the “Application”). Storied no longer is under contract to purchase the Spring Valley Ranch property from Spring Valley Holdings, LLC (“SVH”) and no longer has authority to proceed with the Application. Please be advised that Storied agrees that SVH may take over the pending Application on file with Garfield County so long as the County confirms in writing to Storied that: (a) SVH is being formally substituted for Storied as the applicant for the Application going forward; and (b) that Storied’s name shall be redacted from the new version of the Application materials posted on the County’s website (with Storied acknowledging that the prior Application materials submitted on behalf of Storied are already part of the public record and that it isn’t possible to retroactively redact Storied’s name from such historic materials); and (c) that Storied will not be identified as the current applicant in any new Application-related materials generated by the County (including without limitation any staff reports and public notices). Please provide this confirmation to us at your earliest convenience. SVH is not authorized to take any actions to proceed with the pending Application until the County has provided this confirmation to Storied. June 13, 2025 Page 2 4916-8716-3723, v. 2 Thanks very much for your attention to this matter. Sincerely, J. Bart Johnson for WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP cc: Jon Fredericks Storied Development LLC Joseph E. Edwards, III, Esq. J. Bart Johnson 970.544.4602 johnson@wcrlegal.com May 9, 2025 Via Email Garfield County Attorney’s Office Attn: Kelly Cave, Esq. 108 8th St., Ste. 219 Glenwood Springs, CO 81601 Garfield County Community Development Department Attn: Glenn Hartmann, Director 108 8th St., Ste. 401 Glenwood Springs, CO 81601 Re: Application for Amendment to Spring Valley Ranch PUD – File No. PUAA-05-23-8967 Dear Kelly and Glenn: As you know, our firm and Jon Fredericks of LANDWEST has been representing Storied Development LLC (“Storied”) as the applicant for a Substantial Amendment to the Spring Valley Ranch PUD (the “Application”). Storied no longer is under contract to purchase the Spring Valley Ranch property from Spring Valley Holdings, LLC (“SVH”) and no longer has authority to proceed with the Application. Please be advised that Storied agrees that SVH may take over the pending Application on file with Garfield County so long as the County confirms in writing to Storied that SVH is being formally substituted for Storied as the applicant for the Application and that Storied’s name shall be removed from all of the existing Application materials and shall not appear in any future Application materials generated by or on behalf of SVH or the County or either of their representatives (including without limitation any staff reports and public notices). Please provide this confirmation to us at your earliest convenience. SVH is not authorized to take any actions to proceed with the pending Application until the County has provided this confirmation to Storied. Thanks very much for your attention to this matter. Sincerely, J. Bart Johnson for WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP cc: Jon Fredericks Storied Development LLC Joseph E. Edwards, III, Esq.