Exhibit - Preliminary Plan for Homestead on Miller Lane ... BOCC 08.12.13 Time...Exhibit -...

Exhibit - Preliminary Plan for Homestead on Miller Lane - Time Extension (SPAA 6857) JimBob Ventures II, LLC BOCC Public Meeting (08/12/2013)

BOCC August 12, 2013

MOL

PROJECT INFORMATION AND STAFF COMMENTS

REQUEST

APPLICANT I OWNER

REPRESENTATIVE

LOCATION

PROPERTY SIZE

ACCESS

EXISTING ZONING

I. GENERAL PROJECT DESCRIPTION Request

Time Extension for the Preliminary Plan Review for Homesteads on Miller Land (SPM 6857)

Jim Bob Ventures II, LLC

Lee Leavenworth I Leavenworth Consulting LLC

Off of County Road 227 (Miller Lane)

36.465 acres

Miller Lane

Rural

The Applicant's representative requests a one year extension to complete the conditions of approval as documented in Resolution 2012-72. This time extension is being requested because the Applicant believes that the real estate market in Western Garfield County has not yet recovered to a point where it is financially feasible to go forward with capital expenditures necessary to construct the infrastructure for this subdivision. Also, currently there is an excess of housing on the market and introduction of new homes won't be financially or economically competitive at this time. The Applicant expects that the real estate market will pick up by next summer and plans to complete the conditions of approval and submit a Final Plat in June or early July 2014.

Project Background The Board of County Commissioners (BOCC) approved this application on July 16, 2012 with conditions of approval.

II. SITE DESCRIPTION The site is located west of the Town of Silt and approximately a third of a mile north of the intersection of State Highway 6 & 24 on Miller Lane.

III. REVIEW STANDARDS AND STAFF COMMENTS The Board has the authority under Section 4-101 (I) of the Land Use and Development Code (LUDC) to grant time extension requests. This section of the LUDC is as follows:

I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows:

1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated time frame in which the conditions will be met or completed.

2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use

Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals.

The Board of County Commissioners approved and enacted the Land Use and Development Code (LUDC) on July 15, 2013. The Applicant submitted an application requesting a time extension on July 15, 2013 and therefore is being reviewed and processed under the LUDC. The submittal date of July 15, 2013 meets the expiration date of July 16, 2013 to submit a request for a time extension.

County staff received an email on August 1, 2013 from an adjacent property owner to the development stating that the time extension should not be granted by the BOCC (Exhibit E).

One concern identified in the email was whether the Applicant submitted their application prior to the expiration date. The Applicant has met this requirement , see explanation above. Another issue includes the placement of signage on the property (see below for a picture of the signage) that advertises that the lots within the subdivision (pending final plat approval) are available for sale. As per Section 5-101 (B), "No person with any interest in land located within a Subdivision or Exemption shall transfer, or agree to sell, or offer to sell, or sell any land before the Final Plat has been approved by the BOCC and recorded with the County Clerk and Recorder. "

2

II. STAFF RECOMMENDATION The Board of County Commissioners should make a determination if this signage is in violation of the LUOC. specifically the provision that no person shall "agree to sell or offer to sell" any land before the Final Plat has been approved. If it is found that the Applicant is in violation of this provision of the LUOC, then the BOCC shall also follow Section 12-103.0.2, which states "no land use approvals ... shall be issued with respect to the property where the violation is believed to exist during the period of such violation. The BOCC may suspend or revoke any existing land use approvals for the property where the known violation exists, subject to conducting a properly noticed hearing ... "

Should the BOCC find that the property is not in violation of the LUOC and proceeds with the approval of the request for a time extension, the following findings are recommended.

III. RECOMMENDED FINDINGS 1. Proper notice was provided as required for the meeting before the Board of County

Commissioners.

2. The meeting 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 at that meeting.

3. The above stated reasons, the Applicant has demonstrated that the one year time extension to complete the conditions of approval plan is necessary.

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Molly Orkild-Larson

From: Sent: To: Subject: Attachments:

Jim Wilson Thursday, August 01,20138:40 AM Molly Orklld-Larson FW: Homesteads on Miller Lane Subdivision Picture 067.jpg

From: Jim Gail Wilson [mailto:[email protected] Sent: Wednesday, July 31, 2013 9:38 PM To: John Martin; Mike Samson; Tom Jankovsky Cc: Jim Wilson Subject: Homesteads on Miller Lane Subdivision

Dear County Commissioners,

EXHIBIT

B

In regards to the Homesteads on Miller Lane Subdivision that received conditional approval on 7-16-2012 and expired on 7-16-2013. I have a dozen reasons why they should not be granted an extension but will keep this as short and to the point as I can.

2008 code 4-103 .8 Expiration of Approval, reads; Prior to expiration of any approval, the applicant may make a request for an extension to the Board of County Commissioners.

2008 code 5-104 Sales Prohibited Prior to Platting, reads; No person with any interest in land located within a subdivision or proposed subdivision shall transfer or agree to sell or offer to sell or sell any land before final plat approval. (refer to attachment)

7 -15-2013 code 1-106 A Saving Provisions, reads; The enactment or amendment of this code shall not be construed as discontinuing, abating, modifying, or altering any pending land use applications and that said applications may continue to be processed as defined in the previous land use codes, provided all timelines required by said regulations are met.

Your attention to this matter and my concerns, as well as all the other issues you have to deal with is greatly appreciated.

Sincerely,

Jim and Gail Wilson 0382 Miller Lane Rifle, CO 81650

Leavenworth Consulting LLC [email protected]

326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623

Molly Orkild-Larson Garfield County Connnunity Development Department lOS Stll Street, Suite 401 Glenwood Springs, CO 81601

July 14, 2013

Also Sent Via Email [email protected]

RE: Homesteads on Miller Lane Preliminary Plan

Telephone (970) 963-6200 Facsimile (970) 963-6201

Cell (970) 94S-2261

VIA HAND DELIVERY

Request for Extension of Time in which to file a Final Plat

Dear Molly:

I am writing as a consultant to, and on behalf of, JimBob Ventures II LLC, the owner of the Homesteads on Miller Lane Subdivision. As you know, the Preliminary Plan for this subdivision was approved on July 16 as later confirmed by Resolution 2012-72, which was signed on August 13,2012. I am writing to request an extension of time of one year (or more if possible, up to two years) in which to file the Final Plat Application. This extension is requested pursuant to the provisions of Section 4-101(1) of the Garfield County Land Use Code.

The reason for the request is that the real estate market in Western Garfield County has not yet recovered to a point where it is financial feasible to go forward with the capital expenditures necessary to construct the infrastmcture for this subdivision. There is currently an excess of iilVentory on the market and new product would simply not be financial or economically competitive at this time.

As required by the Code, and as outlined in your email to me of June 19, I am enclosing:

A. Application form (two forms, one entitled Land Use Change Permit Application form, the other entitled Division of Land Application fonn);

B. A vicinity map ofthe project; C. Approved Preliminary Plan ofthe project; D. A copy of Resolution No. 2012-72; E. Letter of Authorization authorizing me to act on behalf of the Applicant; F. Payment Agreement form signed by the Applicant; and G. Statement of Authority.

As requested, I am submitting three paper copies of this Application, as weI! as an

electronic copy simultaneously with the delivery of the paper copies. Your emails seqt me the two different application forms. I suspect only one is needed. Feel free to discard the other.

. Please call me if you need any further information. Let me know when the request will be heard by the Commissioners, so Jim Cagle, the sole owner of the LLC, and I can appear to present the Applicant's position.

cc: JimBob Ventures II LLC Deric Walter

Very Truly Yours,

Leavenworth Consnlting LLC

1--- '1. r& E. Le vel orth

lee leavenworth

From: Sent: To:

Lee Leavenworth [[email protected]] Wednesday, July 24, 2013 9:29 AM 'Molly Orkild-Larson'

Cc: Subject:

'Jim Cagle'; 'Deric Walter' RE: Letter

I am writing on behalf of Jim Bob Ventures II, LLC. A recently enacted ,revision to the LUC requires that we indicate a time frame to go forward. We expect, and hope, the real estate market will pick up by next summer. We expect to file a final plat application in June or early July and proceed with the public improvements once the plat is approved. We will

also sign and secure a subdivision improvements agreement. I will include several extra hard copies of this email when I drop off the 7 additional copies of the entire submittal you

requested.

Lee

Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201

This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error and are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notilY us by telephone to arrange for return of the documents

TAX ADVICE DISCLOSURE: Any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending any entity, investment plan or other transaction.

From: Molly Orkild-Larson [mailto:[email protected]] Sent: Wednesday, July 24, 2013 9: 10 AM To: Lee Leavenworth Subject: Letter

Lee:

I still haven't received this additional information from you.

Thanks,

Molly

1

Garfield County

Community Development Department 108 8th Street, Suite 401

Glenwood Springs, CO 81601 (970) 945-8212

www.garfield-countv.com

TYPE OF APPLICATION )-'-- 0 Administrative Review

0 Limited Impact Review 0 Major Impact Review 0 Amendments to an Approved LUCP

OUR OMIR OSUP 0 Minor Temporary Housing Facility

0 Vacation of a County Road/Public ROW 0 Pipeline Development 0 Comprehensive Plan Amendment

o Major OMinor

I I I J i I J I I I

LAND USE CHANGE PERMIT APPLICATION FORM

0 Location and Extent Review 0 Development in lOa-Year Floodplain 0 Designation of Flood Fringe/Floodway 0 Rezoning

OZone DistrictO PUD 0 PUD Amendment 0 ULUR Text Amendment 0 Appeal of Administrative Interpretation 0 1041 Regulations 0 Variance

/ Dr' Time extension

I

- -~--

l INVOLVED PARTIES - -' Owner/Applicant

5/;111 I?d? Vj;/N1foJc:t;; :It I t--/--C a 2-1 Name: Phone: ( Z 10 ) q Lf t ,2-' £,

12>0x- I

Mailing Address: (>6 Z "5()O

City: Ho--/ltV J) ::/1uJ (;;::[/;?3/ State: W Zip Code: 8lSJY -y--

E-mail: ,1fitH L rP.:i1-W i/n;hj . (]f}fl1

Representative (Authorization Required)

Name: l-iJ 'zAt- 8, L£ ttvE tV tt/) tt1lJ-- Phone: (q:fo ) qIP.l;, -~?2tJo { fir} /!5:.'> X- IS-50 Mailing Address: ,

City: t!J&. ~{) (1./7) A-Llii'? Co State: CO Zip Code: ,!ilLZ Z ~:3 E-mail: t-t£ 1- t!- tJa. t-.4i!.)/ /tiE? PROJECT NAME AND LOCATION - -Project Name:

/1-DlUtFcf1 13~)j.2 L9i11 Il1. I u-u/t )J:tdV~ --Assessor's Parcel Number: 2-. --.L 'r L - () b q: - () ~ --.£ 2 '5 Physical/Street Address: piA- 111- C-I4-;v-J iJWD

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legal Description: 5i2E De-tED i2l?Ct)eJ)k"iJ Its 1?e-'~e:P/lf}N /Ilo ::;--1 7'1C;?

Zone District: 12 U I!J~-t/ Property Size (acres): .30, tl-t· 5 d., •

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REQUEST FOR WAIVE:c.:R,,-S _" ____ "~ .. ~ Submission Requirements

o The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: ____________ ~ Section: ____________ Section: ____________ _

Waiver of Standards o The Applicant is requesting a Waiver of Standards per Section 4-117. List:

Section: Section: __ -'-_________ _ Section: ____________ Section: ____________ _

I have read the statements above and have provided the required attached information which is

correct and accurate to the best of my knowledge.

IOFFICIALU

I " .. N,mb", Fee Paid: $

("-28- 1.3 Date

I

0

Garfield County



www.garfield-county.com

TYPE OF SUBDIVISIONS

Sketch Plan rrY Preliminary Plan

0 Preliminary Plan Amendment

0 Final Plan/Final Plat

0 Final Plat Amendment

0 Conservation Subdivision Yield Plan

0 Common Interest Ownership Community

INVOLVED PARTIES Owner/Applicant

0 0 0 0 0

DIVISIONS OF LAND APPLICATION FORM

TYPE OF EXEMPTIONS

Minor Exemption Major Exemption

County Road/Public ROW Exemption Rural Land Development Exemption Final plat Amendment

UYTime Extension

Name: .1IM /3013 v;:; AJfbl/lEJ P, - f

uc: Phone: dltJ) qq 2·· V--6 / Mailing Address: ? tl, f.!:,6)C 2..'7DO

612.lM/'O .",Ttw Cl10N State: LO -' City: Zip Code: 'J /50---

E-mail: Jim c. tf} :JL i&rrMt>J<.p .~/YI , Representative (Authorization Required)

Name: j..,(} '"lfh. e. t[ 4V~IVWl>,e r;/ Phone: ( t17t?) 167 62t)ti Mailing Address:

fJL) /:3CJX /.tJJt) City: rY~/2. f!:J{) N 7)4t.~ State: U/ Zip Code: lfit:r 2- ? E-mail: LGI.-@ f..EL L..A- fit , AltET

PROJECT NAME AND LOCATION Project Name:

;+ tflttE"97~Il--D5 IN ;/.11 t....!..-tE-/c. L/wE Assessor's Parcel Number: '2.....!... +- q - () iL'i-.. - 0 0 - 12 5" ,--' PhYSical/Street Address: 11.//4- t!fI-('-1bv7 .LI4/o./'l} r)}J !hi uE£ LfWr

i

Legal Description: f;f?(3 [2128 f) /<b:.-"o/2j),r;:; 0 /-1-5 i2E?-£?flf/P;V' Jt,0 :::ff1'/1'?

;(&1 ph . . ..-'"

Zone District: Property Size (acres): 30., Lf&"J d.

Project Description Existing Use: II'tL (,/1-1, .r .(1.& /', /a! rtvta.1 Ia..u{

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Proposed Use (From Use Table 3-503): I2?J I/U.t<-h it I Description of Project: /la litddltd IJ1f-/;thl)1IUh ~!Ml., ti?

i~ll /?I7r'&£.( ~d ;JM,?'IZIf~tV !IJ~, 2Of242--,

Proposed Development Area land Use Type # of lots # of Units Acreage Parking Single Family -Z\ Duplex Multi-Family A /1 A , Commercial ;).§ ;;- /"hUi//~O 1//3l> P/c!.eL/. rft 1/'1./11:1 t-y Industrial " ,A !.l i A, ,/)~/ I .-1 bnAI Open Space { ~rol r11 '1/ fl/c- JO;--Vl I rv/V

Other A fi " "'1,'1

Total fV c/, ,LL If I- -rr REQUEST FOR WAIVERS Submission Requirements

D The Applicant requesting a Waiver of Submission Requirements per Section 4-202, list: Section: Section: Section: Section:

Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117, list:

Section: Section: Section: Section:



Date I I

File Number: Fee Paid: $

Proj #: 10003 File: 10003V_PPLAT

Jjmbob Ventures II, LLC Garfield County, Colorado

Homesteads on Miller Vicinity Map

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Ill/ M\1'",~~~I~·II,~m 1FI1lfth\l& ~\UW r~rt-ll ~l~ II/II RGceptiofiff: 822759 09/14/2012 02:35:62 PM Jean Alberico 1 of 10 Ree Fee:$0.00 Dp~ Fea: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 Administration Building in Glenwood Springs on Monday, the 16th ofJuly A.D. 2012, there were present:

:'Jo::hno"-,,M":'artin"""'·""-___ -'a"'b"'se"'n""t _________ " Commissioner Chairman "'MlliJ"""'e"'S"'am ..... s"'o"'n ______________ " Commissioner ~T""om""-"J-':aD:"1<"'o"'v"'sky""--------------" Commissioner· -"'C""are=-y.."Ga"""gn"'o .. n'----'-___________ -'. Acting County Attorney ".,Je"'an ....... A1 .. b"'e""ri"'c"'-o _____________ --', Clerk of the Board An£>!!d"'~ll<ew~Go~rgl;!Cey"'l. '----_____ ~------~, County Manager

when the foliowiJig proceedings, among others were bad and done, to-wit:

RESOLUTION NO. ~olJ. - '12 A RESOLUTION OF APPROVAL FOR A PRELIMINARY PLAN FOR HOMESTEADS

ON MILLER LANE, ON A 36.465 ACRE PROPERTY OWNED BY JIMBOB VENTURES II, LLC LOCATED IN SECTION 6, TOWNSHIP 6 SOUTII, RANGE 92

WEST OF THE 6TH P,M., GARFIELD COUNTY

PARCEL NO# 2179-064-00-725

Recitals

A. The Board of CO\Ulty Commissioners of Garfleld County, Colorado, (Board) received a request for a Preliminary Plan as further described in Exhibit A, SITE PLAN.

B. The Homesteads on MiUer Lane is located within a 36.465 acre parcel of land owned by JimBob Ventures II, LLC. The ownership ofthls property is described in a Special Warranty Deed found at Reception Number 719193 in the records of the Garfield County Clerk and Recorder.

C. The subject property is located within unincorporated Garfield County in Rural zone· district, approximately 1.6 miles west of the Town of Silt.

D. The Planning Commission opened a public hearing on the 25th day of April, 2012 for consideration of whether the proposed Preliminary Plan should be approved, approved with conditions, or denied, during which hearing the public and interested pen;ons were given the opportunity to express their opinions regarding the request.

1

E. The Planning Commission closed the 'public hearing on the 25th day of April, 2012 to make a :final decision. The Planning Commission voted to recommend the Board of County Commissioners approve with conditions the Preliminary Plan.

F. The Board of County Commissioners opened a public hearing on the 16th day of July, 2012. for consideration of whether the proposed Preliminary Plan should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request.

H. The Board of County Commissioners closed the public hearing on the 16th day of July, 2012 to make a final decision.

1. The Board of County Commissioners on the basis of substantial competent evidence produced at. the aforementioned hearing, has made the following determinations of fact: .

1. That proper· public notice was provided as required for the hearing before the Planning Commission and Board of County Commissioners.

2. The hearing before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. .

3. The Preliminary Plan is in general confonnance with the Garfield County Comprehensive Plan 2030.

4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of2008, as amended.

5. The proposed use is in the hest interest of the health, safety, convenience, order, prosperity, and welfare ofthe citizens of Garfield County.

J. The Board of County Commissioners voted to approve the Preliminary Plan with conditions. Commissioner Martin was absent for the hearing and the vote.

RESOLUTION

NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Ga:rJield County, Colorado, that:

A. The forgoing Recitals are incorporated by this reference as part of the resolution.

2

'" 1111 ,*"oI.~lU·III~~M1.lIM.'II)~~rt'II'lfdrfC~,~III' "' ReeeptionH: 822759 08/14/2012 02:35:B2 pM Jean Alberico 3 Df 10 Reo Fee:$0.00 000 Fee:0.00 GARFIELD COUNTY CO

B. The Preliminary Plan for Homesteads on Miller Lane is hereby approved subject to compliance with the following conditions:

1. That all representations made by the Applicant in the application, and at the public hearing before shall be conditions of approval, unless specifically altered by the Board of County Commissioners.

Fees 2. The Applicant shall Include 50% of the road impact fee With the Flnal Plat. The remaining 50% shall be collected at the time of issnance of a building permit.

3. The Applicant shall pay a Cash-In-Lieu Payment for schools as calculated in Section 405 (0)(3) of the ULUR with the Final Plat.

Permits 4. Prior to the approval of the Final Plat, the Applicant shall obtain a National Pollutant Discharge Elimin!ltion System Permit and air pollution permit from the Colorado Department of Public Health and Enviromnent. These permits shall be submitted to the Garfield County Planning Department for review as part of the Final Plat application submittal

Plat Notes 5. The following plat notes shall be placed on the Fin81 Plat:

a. Control of noxious weeds is the responsibility of the property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan.

b. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et. seq. Landowners, . residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural cheracter and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, lioise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and

. in a non-negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil am~mdments; herbicides, and pesticides, any one or more of which may naturally occur as a part .of a legal and non-negligent agricultural operations.

3

,/

11111 Wd.~~',I'"II,~'IL,I,r&lr..rftl~ttll\llW MfiUI~ 11111 Reception~: 622759 . 08114/2012 02;35162 PM JeFan ~.lb~~l~~RFIELO CoUNTY co 4 of 1W Rae Feer$0.00 Doc sa. .

c. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowllers are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the county. A good introductory source for snch information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County.

d. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances.

e. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries.

f. Uranium is present in the ground water. All residential dwellings within the subdivision shall, at a minimum, have an ''under the sink" type reverse osmosis (RO) unit in each kitchen.

g. All single fumily homes within the subdivision shall incorporate the provisions of Appendix F Radon Control Methods found in the 2009 International Residential Code for new construction.

h. The mineral rights associated with this property have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natura!· resource extraction on the property by the mineral estate owner(s) or lessee(s).

i. Any bennJdam constructed for the detention pond shall be located at least 25 feet from the toe of the northern bank of the Lower Cactus Valley Ditch.

j. At the time of building pennit, a flow meter with above ground readout capacity shall be installed for each water well.

k. To insure the preservation of open space ~ the Homesteads at Miller Lane Subdivision, no structures shall allowed to be constructed outside of the

4

I'" M\I.P1'1~~II,~'IIIIII,Ifi'-Il& r¥~N«ifI'I:f#I ~n& 11111 Reeeption#: 822759 08/14/2012 02:35:62 PM Jean Alberico 5 of 10 .Reo t:-"ee;$0,00 Doo Falll:0.00 GARFIELD COUNTY co

designated building envelope for each lot shown on the Final Plat and as restricted in the Declarations of Covenants, Conditions and Restrictions for the Subdivision.

, However, a lot owner may construct a water well, driveway, underground utilities, perimeter fencing, and an Individual Sewage Disposal System outside the building envelope. This plat note shall not be changed without the express written consent of the Board of County Commissioners of Garfield County in a public meeting. '

Water

6. The Final Plat submittal shall contain all well permits and demonstrate that all wells have been drilled and tested for quality and quantity.

7. All residential dwellings within the subdivision shall, at a minimum; have an "under the sink" type reverse osmosis (RO) uuit in each kitchen, which requirement shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal.

8. At the time of building permit, a flow meter with above ground readout capacity shall be installed for each water well. This requirement shall be added to the Declaration

. of Covenants, Conditions and Restrictions as part of the Final Plat submittal.

9. The Final Plat submittal shall contain proof that the Applicant has transferred water rights to the Homeowners Association to meet the representation of legal water supply except Silt project water will be conveyed appurtenant to 'each lot.

Individual Septic Disposal System aSDS)

10. The ISDS Design and Perfonnance Standards prepared by Boundaries Unlimited Inc. dated February 28, 2011 shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal.

Building Construction

11. All single family homes within the subdivision shall incorporate the provisions of Appendix F Radon Control Methods found in the 2009 International Residential Code for new construction, which requirement shall be incorporated into the Declaration of Covenants, Conditions and Restrictions as part of the Final Plat submittal.

Revegetation 12. Revegetation security in the amount of $16,250 (.5 acres x $+,500) shall be paid prior to the approval of the Final Plat. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards

5

'" '1111 fi'{PoI.~:l.WII,~'lAIIIiI~ RlmIl~M~LRIi'I ml~ 11111 Recep.tjon~: 82275S 0B/14/2~12 02:35;52 PM Joan Alberioo 6 Df 10 Reo Fea:$0,00 Oeo Fee:0.00 GRRFIELD COUNTY CO

section in the Garfield County Weed Management Plan. The Reclamation ,Standards at the date of penn it issuance are cited in Sections 4.06, 4.07, 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94).

Weed Management 13. Weed Management is not addressed in the Declaration of Covenants, Conditions and Restrictions. At Final Plat, the Applicant shall add narrative to the following sections:

a. Section 9.09 - Maintenance of Drainage Facilities - Add language that addresses the management of noxious weeds along the ditches.

b. Section 10.07 - Lots to Be Maintained - Change the sentence in the sixth line from "free from the accumulation of trash, debris, or excessive weeds" to "excessive or County Listed noxious weeds."

Wildlife

14. Mitigation measures specified in the Wildlife & Ecological Assessment of Residential Development for County Subdivision - The Homestead on Miller Lane report prepared by Colorado Wildlife Science, LLC (dated June 30, 2010) shall be incorporated into the subdivision's Declaration of Covenants, Conditions and Restrictions submitted with the Final Plat except that wildlife compliant fencing shall be allowed.

Utilities

15. Prior to the approval of the Final Plat, the Applicant shall provide Garfield County staff "Will Serve" letters from the applicable electric, natural gas, and telephone companies.

Fire Protection 16. All . homes within the subdivision shall install code compliant fire sprinkler systems and a water tank (minimum of 2,500 gallons) to accomniodate domestic use and sprinklers.

17. The driveway on Lot 8 shall be desigued to accommodate fire and emergency vehicles.

PreJiminruy Plan Maps . 18. Prior to the approval of the Final Plat, the Applicant shall make the following revisions to Sheets V2 and C2.

6

I .. '

Make the following revisions to Sheet V2: a. Title this sheet as shown on Sheet VI (top center) but the first line shall read

"Preliminary Plan" instead of "Preliminary Plat Map";

b. Add legal description;

c. Add Land Use Summary chart as shown on Sheet VI;

d. Identuy areas oflandscaping and delineation of the type and extent of vegetative cover on the site;

e, Identify the zone district on the site;

f. Label existing land uses and zoning on adjacent parcels;

g. Show a 70 foot wide ditch easement (35 feet from both sides of the ditch centerline) for the Lower CactUs Valley Ditch. Also, adjust the berm for the detention pond so that it's at least 25 feet or more from the toe of the northern bank of the ditch; and

h. If the BOCC proposes to alter Lots 2 and 3 as specified by the Planning Director at the Planning Commission hearing on April 25, 2012 (attached as Exhibit A), the Applicant shall remove the building envelopes on Lots 2 and 3 and modifY the building envelope on Lot 8, if necessary, to meet the 50% open space requirement. The north lots lines of Lots 2 and 3 shall also be adjusted to increase the open space acreage on Lot 8 while maiotaining a minimum two acre lot size on Lots 2 and 3.

Make the following revisions to Sheet C2: a. Show a 70 foot wide ditch easement (35 feet from both sides of the ditch

centerline) for the Lower Cactus Valley Ditch. Also, adjust the berm for the detention pond so that it's at least 25 feet or lllore from the toe of the northern bank of the ditch.

Declaration of Covenants. Constraints and Restrictions/Bylaws/Subdivision Improvements Agreement 19. The Applicant shall work with the Garfield County Attorney's Office to finalize the Declamtion of Covenants, Constraints and Restrictions, Bylaws, and Subdivision Improvements Agreement prior to Final Plat approval.

20. The Applicant shall install a crown at the entrance/exit to the Homestead Drive to create a downward sloping grade at the mouth of the road which shall result in a down casting of vehicle headlights leaving the subdivision. The Applicant shall also widen the right turn lane of Homestead Drive to ensure vehicles exiting the subdivision will turn

7

.1 ..

earlier and further to the right in order to avoid vehicle headlights from shining into the residence located at 382 County Road 227. The Applicant shall also provide a cash contribution not to ·exceed $1,500 to the residents of 382 County Road 227 that shall be applied toward the actual cost of materials and construction for an extension of the six (6) foot privacy fence on that property.

21. The Applicant shall modifY the Declaration of Covenants, Constraints and Restrictions to include narrative stating:

a. Owners of Lots 1-7 shall maintain the native grass up to the edge of Homestead Road;

b. Owners of Lots 1·7 shall maintain without obstruction the drainage ditch along Homestead Drive that crosses their lot; and, .

c. Owners of Lots 1-7 shall install a driveway culvert to maintain positive drainage of the roadside ditch along Homestead Drive, if necessary.

Dated this d f /,d M 'I- AD 20· I ~ ay a --'=~~o""'i\'~"'-="--------" " --'-__

ATTEST: BOARD OF GARFmLD

'--'

Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:

~CO~~~~IS~S~IO~NE~R~C~HuA~m~J~O~HN~Fu.~MA~R~T~IN~ ________ ~~~, Abstains due to absence on hearing date.

"",C""O""MMI"""",,,,,SS,,,I,!O,,-,NE~R,=,,"=MIKE~,,,-,,!SAM~~S,!ON==-________ -,, Aye ~CO",MMI=""S",S~IO",N",E",R~T",O",M"-,J!.£AN",-""K",,O,-,V.HSllKY.L... _________ , Aye

8

1111 J!I",f,'~')r/mIAIW'IR.Itv.rw.N.'t£ IWWI,m'i 111111 Reception#: 622769 06/14/2012 02:35:52 PM Jean Alberioo 9 of 10 Reo F$G:$0.00 Doc Fee;0.00 GARFI~lD COUNTY CO

STATE OF COLORADO. ) )SS

County of Garlield )

I, , County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certifY that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. .

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _._ day of , A.D. 20 __ .

County Clerk and ex-officio Clerk of the Board of CoUnty Commissioners

9

,)" "

1111 ft\'I'J.I"'M,K'''IMItIl'I¥r.lylII:WI~rHi,ffl'~ 11111 Recept!on#: 822759 09/14120i2 02:35:62 pn Jean AlberJ.oo 1~ or 10 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO

Building Envelope

Lot 8

Exhibit A

~.

Lot2-No Building Envelope, Min. 2 acres in size

10

Jim Bob Ventures II, LLC 7/12/2013 .

To Whom it may concern,

I am the sale owner and manager of Jim Bob Ventures" , LLC. I hereby authorize Loyal ( Lee) Leavenworth,

our land use consultant, to act on my behalf to process an extension request with Garfield County of the

Preliminary Plan approved by Resolution No. 2012-72.

Jim Cagle, Jr.

Sole owner and manager

Garfield County

PAYMENT AGREEMENT FORM

GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") .:J(fl.1 I?;IJ~ I t,;::tv1UI..J:S 1[; Ut! ______________________________ agree as follows:

1. The Applicant has submitted to the County an application for the following Project: _,-;-_ m'ffll Jfff'1t/ U;;plC&l.. t I'1/AJAd-q fl.,lfftJ FII, !kflU'S1"/:f.4-J)J uft./

• /1IItu.l?1t.

2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, 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: __ "I",-!.... vv...~--'C'"'""f\":''3I-'I'''e'.,.)--'TL!..{,-'',---- Phone: ('170) Z ('1- D J'+ :I

Billing Contact Address: ......!~....:.-'o,,-,-. --"'\S'-'o'-)\,L>....._~"""'S="....:o'_ ________________ _

City: G I'A.vll J <-I. State: Co. Zip Code: ......... SLL>JS''-'o<.....=::i'--__

Billing Contact Email: __ ..>T"-'.I..:.""c..:....C:..-9""-"J'L-"LwA=e,,,s,,--.!.J ....:G'=~-"<>"""-f!):....:.... -,c.,",o,-,M.~''--________ -,-

Printed Name of Person Authorized to Sign: ___ :t..>L...!ic.:M,:":,,,_,,-C...!f\:l.3¥lc"r, -l.:rJ....'C"-'-' ________ _

(Date)

Garfield County

STATEMENT OF AUTHORITY

I

The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is 1741 CA<Ji.E I 'Y,12. I

~/.(. (j- wt/.eA" V- hM,g4qQ J

The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): _-'-M-'-'-IJ.c:M_:tE?:: ________ _

Other matters concerning the manner in which the En ity deals with any interest in real property are (if no other matter, leave this section blank): __ .--:oi.l7--'A'-'--______________ _

EXECUTED this 2 8 day of _--':r"-"!l"'rJ"--'=e..~ ____ _', 20 J:1

Signatu re: -~-,--¥~~'----'C...".'!l!""A"!l..--", ---,\1.7.:'::--'-' ___ _

Na me (printed): _O->C...~'J"LL; .!-'M."'--'Q""-'A'-'~'I'I"'~-T,}1'-':r"'--'-' .. -".----Title (if any): __ -'O"'W&.<iV"'C""""-________ _

STATE OF

COUNTY OF fngsCL-

The foregoing instrument was acknowledged before me this ,;LJ dayof.:JIA.VVL- , 20 13 by ..:T'ti.,mg..s e rlq.kvr ,on behalf of ;:[im!1:,b Ihnlu,e..s1t;uc.... ,a

uC-

Witness my hand and official seal. My commission expires: 1D-~/e.;-13

(Date)

[SEAL]

My Commission Expires 1011412013

Lee Leavenworth

From: Sent: To: Cc: Subject: Attachments:

Molly:

Lee Leavenworth [[email protected]] Sunday, July 14, 2013 3:56 PM 'Molly Orkild-Larson' 'Lee Leavenworth'; 'Jim Cagle'; 'Deric Walter' Homesteads on Miller Lane, Request for Extension of Time 20130714161214903.pdf

fiLE COpy

Attached is the formal Request for Extension of Time. hard copies to you today. Please let me know when the Thanl< you for all of your help.

I will be hand delivering the three request will be on the BOCC agenda.

Lee


This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents

-----Original Message-----From: [email protected] [mailto:[email protected] On Behalf Of [email protected] Sent: Sunday, July 14, 2013 4:12 PM To: Lee Leavenworth Subject:

This E-mail was sent from "RNPFD87DF" (Aficio MP C2550).

Scan Date: 07.14.2013 16:12:14 (-0600) Queries to: [email protected]

1

Lee Leavenworth


Jim and Oeric:

Lee Leavenworth [lel@lellaw,net] Friday, June 21,201311 :14 AM

'Oeric Walter' FILE COPX FW: Homesteads on Miller Lane Resolution_FinaLRecorded,pdf; Homestead on Miller Lane Preliminary Plan - Time xtension

Attached are two emails from Molly at the Garfield County Planning Office. The first outlines the submittal

requirements for the extension request. Oeric, I would like to propose that you and I get together early next

week (maybe Tuesday, I am wide open) and divide up the task of preparing the necessary submittal. Once we

have a time for that meeting, it might make sense to get Jim Cagle on the phone as we go through the list.

Note the second email corrects the earlier email regarding timing. Note that we simply have to have the

request filed prior to the expiration of the one year period, not a decision out ofthe Commissioners.

Oeric, let me know when on Tuesday you would like to meet. I will come to your office. Jim, let me know

when on Tuesday you would like to meet. I will come to your office. Jim, if there is a time that you would not

be able to conference in, let us know.

Lee


This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents

From: Molly Orkild-Larson [mailto:[email protected]] Sent: Wednesday, June 19, 2013 2:53 PM To: Lee Leavenworth Subject: RE: Homesteads on Miller Lane

Lee:

1

As per Section 4-101 (1)(2), " Extensions of 1 year may be granted for all Land Use Change Permits and Division of Land approvals, except Fi'nal Plats, which are limited to a 90-day extension." I have attached the applicable Resolution.

This Preliminary Plan received approval by the Bcee was on July 16, 2012 which is coming up very soon. Please get your submittal in asap so that I can get you before the Board before this expiration date!

To put together an application for a time extension request you will need the following material:

1. A letter requesting an one year time extension and the reasons why this is necessary;

2. Vicinity map of the project;

3. Application form;

4. Statement of Authority; 5. Letter of Authorization stating you can act on behalf of the Applicant; 6. Payment Agreement Form (signed by the Applicant) - Please note that this type of application is charged on a time and

material basis; and,

7. Approved Preliminary Plan of the project.

Please submit three copies to the Glenwood Springs Planning office. Give me if you have any questions at 970-625-5903.

Thanks,

Molly

From: Lee Leavenworth [mailto:[email protected] Sent: Wednesday, June 19,2013 11:10 AM To: Molly Orkild-Larson Cc: 'Jim Cagle' Subject: Homesteads on Miller Lane

Molly:

I am acting as a consultant for Jim Cagle in connection with his Preliminary Plan Approval for the Homesteads

on Miller Lane property. He received a Preliminary Plan Approval last August. I am wondering if I could please

get a copy of the executed Resolution as soon as possible.

Because of economic conditions, we would like to ask the County to grant a one-year extension on the

Preliminary Plan Approval and the time in which the owner must file a Final Plat Application, I assume as you

can schedule this for a July meeting. The reason for the request is the downturn in the economy has made

proceeding at this time to Final Plat economically infeasible. We are hopeful the market will turn around but

would like a one-year extension to allow that to happen.

Let me know if you need anything more formal than this email to proceed with the extension request.

Lee

Loyal E. Leavenworth Leavenworth Consulting LLC 326 Hwy 133, Suite 210 P.O. Box 1530

2

Lee Leavenworth

From: Sent: To:

Molly Orkild-Larson [[email protected]] Wednesday, June 19, 2013 4:23 PM Lee Leavenworth

Subject: Homestead on Miller Lane Preliminary Plan - Time Extension

Lee:

I was incorrect in saying that you had to be before the BOee and receive approval for the time extension prior to the expiration date of the approval for the Preliminary Plan. Rather you need to make a request for a time extension prior to the expiration date. See below.

Thanks, Molly

Section 4-101 (I) Extension of Approval. Prior to the expiration of a Land Use Change Permit or Division of Land approval, the Applicant may request an extension of the expiration date as follows:

1. Application shall be made to the decision maker that issued the original approval.

2. Extensions of 1 year may be granted for all Land Use Change Permits and Division of Land approvals, except Final Plats, which are limited to a gO-day extension.

3. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the BOCC prior to the expiration of the current approval.

4. If an Applicant fails to request an extension prior to expiration of the approval, the approval will be void and the Applicant must submit a new application for the Land Use Change Permit or Division of Land approval.

1

Lee Leavenworth

From: Sent: To: Subject:

Jim:

Lee Leavenworth [[email protected]] Wednesday, June 19, 201311:10AM 'Jim Cagle' RE: extension of property plat

FILE COpy

I have sent an email toMollyrequestingtheextensionandcopiedyouonit.ldid want you to know however,

that I am no longer practicing law and will be closing my law office. I am happy to do this work for you as a

consultant (which is what I am doing now). If you prefer to have someone else do the work, let me know.

Lee


This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual orthe entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this

transmission in error, please immediately notify us by telephone to arrange for return of the documents

From: Jim Cagle [mailto:[email protected]] Sent: Wednesday, June 19, 2013 10:02 AM To: Lee Leavenworth Cc: Jack K. Pretti; Lee Pretti; 'Deric Walter' Subject: extension of property plat

Lee, I talked to Jack and he told me that you were going to take care of the plat extension for me. I am all for that, so whatever you need, please let me know. He said July is deadline, so please let's not miss this. Thanks Jim Cagle

Jim Cagle, Jr. J & L Development LLC P.O. Box 2300 Grand Junction, Co. 81502 970-242-2485 Main 970-261-0343 Cell

1

Lee Leavenworth

From: Sent: To: Cc: Subject:

Molly:

Lee Leavenworth [[email protected]] Wednesday, June 19, 2013 11:10 AM 'Molly Orkild-Larson' 'Jim Cagle' Homesteads on Miller Lane FilE COpy

I am acting as a consultant for Jim Cagle in connection with his Preliminary Plan Approval for the Homesteads

on Miller Lane property. He received a Preliminary Plan Approval last August. I am wondering if I could please

get a copy of the executed Resolution as soon as possible.

Because of economic conditions, we would like to ask the County to grant a one-year extension on the

Preliminary Plan Approval and the time in which the owner must file a Final Plat Application. I assume as you

can schedule this for a July meeting. The reason for the request is the downturn in the economy has made

proceeding at this time to Final Plat economically infeasible. We are hopeful the market will turn around but

would like a one-year extension to allow that to happen.

Let me know if you need anything more formal than this email to proceed with the extension request.

Lee


This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only forthe use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents

1

Lee Leavenworth

From: Lee Leavenworth [[email protected]] Sent: To: Cc:

Thursday, June 27,201311:26 AM FILE C 'Molly Orkild-Larson' Opy 'Deric Walter'; 'Jim Cagle'; 'Jack K. Pretti'

Subject: RE: Homestead on Miller Lane Preliminary Plan - Time Extension

Molly:

Thanks for the clarification.

Can I get a copy ofthe Application form and the Payment Agreement form so I can complete those and get it

signed by the owner? Also, if you have a form for the Statement of Authority or Letter of Authorization, that

would be helpful. I can create those if needed so don't worry about it if you don't have a sample that was

previously used that would be acceptable.

Also, in reviewing the Preliminary Plan Approval Resolution you sent, I noted that the hearing occurred on July

16, but the Resolution was not signed until August 13, 2012. Wouldn't that make the deadline to apply for the

extension August 13? It seems to me that until the Preliminary Plan Approval Resolution was signed on

August 13, the approval was not final?

Lee


This e-mail transmission (and/orthe documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult Title I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents

From: Molly Orkild-Larson [mailto:[email protected]] Sent: Wednesday, June 19, 2013 4:23 PM To: Lee Leavenworth Subject: Homestead on Miller Lane Preliminary Plan - Time Extension

Lee:

1

Lwas incorrect in saying that you had to be before the BOCC and receive approval for the time extension prior to the

expiration date of the approval for the Preliminary Plan. Rather you need to make a request for a time extension prior

to the expiration date. See below.

Thanks,

Molly




3. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the SOCC prior to the expiration of the current approval.


2

Lee Leavenworth


lee:

Molly Orkild-Larson [[email protected] Thursday, June 27, 2013 1 :59 PM Lee Leavenworth RE: Homestead on Miller Lane Preliminary Plan - Time Extension LUCP Application Form.pdf; Payment Agreement Form.pdf; Statement of Authority Form.pdf

Please find attached the Application, Payment Agreement, and Statement of Authority forms. The County doesn't have a letter of Authorization form but you can write one up that the Applicant can sign giving you authorization to act on the Applicant's behalf.

The approval date of an application is the date that the BOCC approves it not the date the resolution was signed.

Molly

From: lee Leavenworth [mailto:[email protected]] Sent: Thursday, June 27, 2013 11:26 AM To: Molly Orkild-larson Cc: 'De ric Walter'; 'Jim Cagle'; 'Jack K. Pretti' Subject: RE: Homestead on Miller lane Preliminary Plan - Time Extension

Molly:

Thanks for the clarification.

Can I get a copy of the Application form and the Payment Agreement form so I can complete those and get it

signed by the owner? Also, if you have a form for the Statement of Authority or Letter of Authorization, that

would be helpful. I can create those if needed so don't worry about it if you don't have a sample that was

previously used that would be acceptable.

Also, in reviewing the Preliminary Plan Approval Resolution you sent, I noted that the hearing occurred on July

16, but the Resolution was not signed until August 13, 2012. Wouldn't that make the deadline to apply for the

extension August 13? It seems to me that until the Preliminary Plan Approval Resolution was signed on

August 13, the approval was not final?

Lee

Loyal E. leavenworth leavenworth Consulting LlC 326 Hwy 133, Suite 210 P.O. Box 1530 Carbondale, CO 81623 Telephone: (970) 963-6200 Facsimile: (970) 963-6201

1

This e-ma;'1 transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender. The information is intended only for the use of the individual or the entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, consult ntle I of the federal Electronic Communications Privacy Act of 1986 which requires you to refrain from examining these materials. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents

From: Molly Orkild-Larson [mailto:[email protected]] Sent: Wednesday, June 19, 2013 4:23 PM To: Lee Leavenworth Subject: Homestead on Miller Lane Preliminary Plan - Time Extension

Lee:

I was incorrect in saying that you had to be before the BOCC and receive approval for the time extension prior to the expiration date of the approval for the Preliminary Plan. Rather you need to make a request for a time extension prior to the expiration date. See below.

Thanks, Molly




3. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the BOCC prior to the expiration of the current approval.


No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.33451 Virus Database: 3199/6437 - Release Date: 06/24/13

2

Garfield County



www.garfield-county.com

TYpE ()~'APplltJ.\fl()N> •.....•..... 0 Administrative Review

0 Limited Impact Review

0 Major Impact Review

0 Amendments to an Approved LUCP

OUR OMIR OSUP

0 Minor Temporary Housing Facility

0 Vacation of a County Road/Public ROW

0 Pipeline Development

0 Comprehensive Plan Amendment o Major o Minor

INVOlVED PARTIES . . ' . .'

Owner/Applicant

Name:

Mailing Address:

City:

E-mail:


Name:

Mailing Address:

City:

E-mail:

pROJECT NAME AND LOCATION Project Name:

Assessor's Parcel Number: ----

Physical/Street Address:

Legal Description:

Zone District:

-

. ... .. ,/'i' .. )' .•• .'. .' .................... , 0 Location and Extent Review

0 Development in 100-Year Floodplain

0 Designation of Flood Fringe/Floodway

0 Rezoning OZone DistrictO PUD 0 PUD Amendment

0 ULUR Text Amendment

0 Appeal of Administrative Interpretation

0 1041 Regulations

0 Variance

0 Time extension

.

Phone: ( )

State: Zip Code:

Phone: ( )

State: Zip Code:

.

- ---- -- ---

Property Size (acres):

PROJECT DESCRIPTION , ,

" '.' "'", ",

,', " ," '.,' "

,

Existing Use:

Proposed Use (From Use Table 3-503):

Description of Project:

REQUEST FOR Wj\IVERS ',,' ..... . , ,

.

Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:


Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-117. List:




Signature of Property Owner Date

OFFICIAL USE ONLY .'. "

, , ,

FileNumber: _______ _ Fee Paid: $ ___________ _

Garfield County



www.garfield-countv.com

. n'e~()fJ(ppLtl!jl;tj(j1\i ,,;.' ..'> ····c···.·.·.· .... ·.· .. ·· ... ··,·i.· . .!. ~ . .• <c··· •.. !··,;· .. ·· 0 Administrative Review 0 Location and Extent Review

0 Limited Impact Review 0 Development in lOa-Year Floodplain

0 Major Impact Review 0 Designation of Flood Fringe/Floodway

0 Amendments to an Approved LUCP 0 Rezoning OUR OMIR OSUP o ZoneDistrictO PUD 0 PUD Amendment

0 Minor Temporary Housing Facility 0 ULUR Text Amendment

0 Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation

0 Pipeline Development 0 1041 Regulations

0 Comprehensive Plan Amendment 0 Variance o Major OMinor

0 Time extension

IJIIV()I,VEll'~~RTIES' ........................... . ••......••....••• .' ......... ". ' .. '. ... ..•.....•.... --"

--'-.,

Owner/Applicant

Name: Phone: ( __ )

Mailing Address:

City: State: Zip Code:

E-mail:


Name: Phone: ( __ )

Mailing Address:

City: State: Zip Code:

E-mail:

PROJECT NAIIiIE AND I.QCATION .; ,,,- c .........•.. . .. ' .... . " .................... Project Name:

Assessor's Parcel Number: - - ----- --- -- ---Physical/Street Address:

Legal Description:

Zone District: Property Size (acres):

PRO~ECT [)ESCRIPTlOIII ...•. '.' .....>. i i <____i>ii<, < Existing Use:

Proposed Use (From Use Table 3-S03):

Description of Project:

Submission Requirements o The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:

Section: Section: ____________ _ Section: ____________ Section: ____________ _

Waiver of Standards o The Applicant is requesting a Waiver of Standards per Section 4-117. List:

Section: Section: ____________ _ Section: ____________ Section: ____________ _



Signature of Property Owner Date

OFFI.CIAL USE ONLY '. '. .' ....... ...... ..... '.

File Number: ____ -___ _ Fee Paid: $ ___________ _

Garfield County

PAYMENT AGREEMENT FORM

GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ ______________________________ 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. 98-09, 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: ________________ Phone: ( __ ) _______ _

Billing Contact Address: ____________________________ _

City: ____________________ State: ___ Zip Code: ______ _

Billing Contact Email: _____________________________ _

Printed Name of Person Authorized to Sign: _____________________ _

(Signature) (Date)

Garfield County

STATEMENT OF AUTHORITY

Pursuant to c'R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of _______________ , a (corporation, limited

liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows:

The name of the Entity is ___________________________ ~ and is formed under the lawsof ________________________ __

The mailing address for the Entity is _______________________ _

The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is ____________ _

The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): ____________ _

Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): _____________________ _

EXECUTED this ___ day of __________ , 20 __ _

Signature: _______________ _ Name (printed): ______________ _ Title (if any): ______________ _

STATE OF ------) )55.

COUNTY OF ________ )

The foregoing instrument was acknowledged before me this __ day of _______ ~, 20 __ by , on behalf of _______________ , a

Witness my hand and official seal. My commission expires: __ -,-_--,-_

(Date)

[SEAL)

(Notary Public)

'.U V IA

.'/

\ /

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Scale: 1''=2OCX1 Date: 7/11111 Proj #: 10003 File: lOOO311_PPLAT

Jimbob IfenIw'e8 II, L1.C GBI1lBId Coumy, CoIotarJo

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