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HomeMy WebLinkAbout1.0 Application• Sep.13. 2004 9:40AM 410COUNTRY ENGINEERING • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfeld-county.com No.1852 P. 2 RE C !VED SEP 2 0 2004 CARFIFLD COUNTY BUILDING & PLANNING Subdivision Application Form GENERAL INFORMATION / (To be completed by the applicant.) i/ > Subdivision Name: u' y t), l f ; ,9-- ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat Nv i-5 f ft x ➢ Name of Property Owner (Applicant): G e- 140 cc S �1^�c'f Ji �^ c D Address: l?8 , v a I J e Telephone: `7 ° S d 3 S`S� > City: (,- Y . 4 t State: (0 Zip Code: c (cc c S . FAX: 9lo S. 3 n 03 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): ✓ � � uV� = co 1 a L/ ➢ Address: 10 J I G v'c /) ve ➢ City: (OE,ni,ioc�l �priv�S v 1.e✓Ynwc�/N y kc -t PU Telephone: (t -a c Lt S ) 4' i State: e Zip Code: e?/60) FAX: Fc gys"-73J6 ➢ Name of Engineer: ➢ Address: c % Cc `:-c7k (E 6-, (,t)i eto& Telephone: t{5.-- ➢ City: /E'N Luc a' U .S - �'r /15 State: 0 Zip Code:`c f 1e0 / FAX: ➢ Name of Surveyor: -(; k l^ Ca/.0vy (5,45, h r;NY 4 {{ ; 3G 1 4) Le ➢ Address: / s-__1 __ l3luSc Telephone: 17c t" 096 76 D City: r' (p wc)4 Cro; :, s State: (0 Zip Code: x'/60/ FAX: 97c' 54� i c( - D Name of Planner: L b( A r{ Q vt ➢ Address: 'i 1? Coo pA, ILA -P Telephone: ("i 7c, 9 Lf. s' 2 4 ➢ City: 6- S'e v u'y s State: co Zip Code: ?i 1o0 i FAX: 5 ci5'4 sr qc 6c .,SeG.13. 2004 9:40AM OH COUNTRY ENGINEERING GENERAL INFORMATION continued... > Location of Property: Section / 4 Township '7 -Sc tti Range q3 - w es > Practical Location / Address of Property: 5C / 7 o / 9 /9 ii /, r•c, • Current Size of Property to be Subdivided (in acres): `1, 7- tit > Number of Tracts / Lots Created within the Proposed Subdivision: ➢ Property Current Land Use Designation: 1. Property's Current Zone District: 41 2. Comprehensive Plan Map Designation: S rLid Proposed Utility Service: ➢ Proposed Water Source: f in -es c, M fry, ?sb-ls1' > Proposed Method of Sewage Disposal: Sc( ; v'1 Sew ev S sk >^ > Proposed Public Access VIA: \, \ (Q V (' rti D r y ,;,yes i t be VA/10 ✓y Utility: ie ft c.).1-, knic1. 4-1 -f D r l.nLo u.cct.Ld i cjyrefs f effai.Suie rack 3 > Easements: Ditch: A) /4 > Total Development Area (fill in the appropriate boxes below): '�tA'r1 I t' S _ .c T I +fie t n + iia ri.si" ws li'. i4 •lSri—'' f+' j�tr F7's+`5?� � t: )YjI i i'1 rerigl tuidlt``�11 luf� zili�ii'�S1tiI �}ar^��.. > Base Fee_ Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $2IIQ paid on • Plat Review Fee (see attached fee schedule) -e a r t cyte:-4- 2 EXHIBIT C NOTICE REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY TO: All purchasers of home sites within VALLEY VIEW VILLAGE SUBDIVISION PHASE "B" IN BATTLEMENT MESA PUD YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including VALLEY VIEW VILLAGE SUBDIVISION PHASE "B" IN BATTLEMENT MESA PUD, prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Darter, LLC, Garfield County will not issue building permits for property within VALLEY VIEW VILLAGE SUBDIVISION PHASE "B" IN BATTLEMENT MESA PUD until: 1. The Owner/Developer has demonstrated to the satisfaction of the Grand Valley Fire Protection District that adequate water is available to the construction site for the Fire District's purpose; and 2. A site specific geo-technical study, completed by a registered Geo-Techinical Engineer, has been presented to the Building and Planning Department for review, along with a registered design professional's certification that the structure design is based on the site specific study. Additionally, Garfield County will not issue Certificates of Occupancy for structures within VALLEY VIEW VILLAGE SUBDIVISION PHASE "B" IN BATTLEMENT MESA PUD until: 1. Radon gas testing has been completed; and 2. All of the subdivision improvements have been completed and are operational in accordance with the Subdivision Improvements Agreement between Garfield County and Darter, LLC.. By: The foregoing Notice was read and understood by the undersigned Purchaser of a home site within this day of ,200 SEP. 29. 2004 7:23AM LEAVENWORTH & KARP LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY 3AMES S. NEU TJLdE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GAR?JMONE ANNA S. ITENBERG MICHAEL 3. SAWYER TERESA L. HOCK BDWARD B. OLSZEWSKI LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14TR STREET, SUITE 200 P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm®lklawfim . cot Carolyn Dahlgren, Esq. Deputy Garfield County Attorney 108 East 8th Street, Suite 219 Glenwood Springs, CO 81601 September 29, 2004 Re: Valley View Village, Building M NO. 838 P. 2 DENVER OFFICE:" WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 '*(Please direct all correspondence to our Glenwood Springs Ofce) VIA FAX Dear Carolyn: I have figured this out. We continue to be haunted by an error in one of Tamara Pregl's early staffreports citing the incorrect zoning resolution. Resolution 80-82 established a minium lot area in the MDR district at 7,500 square feet, and Tamara cited that in one of her reports. However, Resolution 82-121 completed superceded those regulations and established a minimum lot area of 600 square feet for "townhouse, attached single-family dwellings." I have enclosed copies of the adopting language and the relevant regulations. As you may recall, you and I had a meeting some time ago regarding this error, and I prepared the enclosed outline to show the rather complicated history of zoning in the area. Tamara's confusion was understandable. I'll call you shortly, but I think this solves our problem. DEM: Enclosure cc: Ron Weidler, P.E. TNICC11CIkn6l3pm-Lu .e11ernDonlmen.lmod Very truly yours, SEP 29 2004 7:24AM LEAVENWORTH & KARP NO. 838 P. 3 .• Ria 64.0 04 15 STATE CP WiGAADO Ccxny of Garfield ) SS. eordet / Ve1oa* • liQ AL OCT 26 BI 1 l.rr ,w itecapCon t�iwx OZ34176 MILO23151 A EDORF, reeCCRD:R Aka reeul$t. meeting of the Hoard of County Commissioners nor Carizeid minty, coaorado, nerd car the Court Reuse in Glenwood Springan Mon da . the 24th da cf May _ flasrnissionet Charimarr Paan Dsi,h' our e . Commirsioner Larry Veia= , uez , CONawfszioner Earl Rhodes . County attorney Leaane Z'L T12fld, Deputy , Clerk of the Hoard when the f!011o ing proceedings, among c`thar" were had aril done, trrwita rnmg w. 82-L21 A P SOILiIOR CINCEENE9 WITH APPRXRL OF A b i°ICAl/Om TO TUM PLS 0147T DsvELOPIonar PTAS Or TUB BAT'A+EHENZ m SN Pt. IID UNIT i rtLOPtalr. MESSEAS, Battlement Mesa, Inc. has filed a petition with the Boatel County Cemmiseione:s of Garfield c ty to n diff the Planned unit Development of the Battlement Mesa Planned [frit Develuivent, and 41MRERS, a public hearing was held by this Board on April 14, 19e2 and continued to May 3, 'Mar and 4U 4 based on the evidenoa,'testimony, exhibits, study of the Oaetrgce;tonsis% Kari icor the ,xtir,Crrporated area of the County, cgrarants of the Garfield County Plannirgrtepartment, oorrments of public offiea2s arra agencies, and ceart!enta from all interested parties, this Board finds as follows; 1. That proper posting, pblication, and public notice was provided as required by 18v f31C the bearing before the Board: 2. that the nearing before the moard was extensive and complete. that all pertinent facts, ratters and iaaues were submitted and that all intereate9 parties were heard at that hearing; 3. That the Garfield County Planning COuriesfon has lec etre led to this Board that the regpested modification of the Planned Unit Leveloiment Plan be granted; 4. That the proposed zoning is in compliance with the recosoondations toe Tooth in the comprehen:ivc Plan for the uninoorparatwa3 area of the. County 5. That the proposed land use will to canpecible with existing and paari.tted land wag its the nearby areal •modification of $. Met for the above -stated and other reasons, the ptcEesed the Planned Unit Development Plan is in the beet interest of the health, safety, morals, convenience, order, prosperity and welfare oE the citizens of Garfield County; is SEP, 29. 2004 7:24AM LEAVENWORTH & KARP NO. 838 1 • 8110K Gid Whei46 WIN, THEREFORE, PE IT SSS0DVED by the Award of County COOsinnionerS OE Garfield County, Colorado that the petition of tattiermtt Mesa, inc. for a modifiaatien of the Planned Onit Development PIah of. the Battlement Mia Planned Unit development for the followirg deecribed area of Garfield COontY be and hereby is granted and approved subject to the following conditions: riasounroan EWtBffA ettahsed 1. That the Battlement Odea Planned ma Development BhaI1 consist of the following zoning districts r the boundaries of shills shall be indicated upon final plat of Battlement Mesa Punned Unit Development, or various final plats thereof. whidt districts shall be identified es follows: Bee t'TS 9 (Teti) A2af C (MAP) ATAGRnD 2. All renolutiorss or ;arta therecfrinCOnSistent herewith, are hereby, repealed to the extent only of such irxonsietenty. This repealer Shall not be construed as reviving any resolution of part thereof. CILAatitalkag—e. RIM CP OX1R1Y R7lOCSSICENI GARFIELD ; COLCRADD Mee EOtion duly made and seconded the foregoing Revolution Was adopted by the following voter Pleven J. Cerise sena Dritfkltottae Larry Volescoms AY, cormissione a STAre or COLORADO ) - }S8. County of airfield I• , County Clete and ex -officio Clerk of the B rd6s s n r the County and State aforesaid 40 hereby certify that the annexed and doreroitg Order is truly copied from the Records of the proceedings of the Board of Cc.arty Commissioners for said Garfield County, now in my office. IS NITNESS isiiEBEOF, 1 have hereunto sat try hard and affixed the seal of said County, at Glenwood Springs, this dry of r Am. 1a County Clerk and ex -officio Clerk of the Board of County Otareissianets :.:;.SEP. 29. 2004;,: 7:24AM LEAVENWORTH & KARP r ^ i d �7 40 r r r ; :` 3,0 • ?DR - medium Density Fa:3iderst ial .3.1 UseUses) by right: dingle-fatni]tiy detached dwellings, attached single-family linga (either townhouses or aero lot line houses), two-family and multiple -family dwellings, and customary accessory uses including buildings for shelter CT enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and siMilar landscape featut;esl park. 3.2 Uses, conditional: t:hurah, school, =immunity building, day nursery, fire station, arra other public uses. 3.3 Uses, special: Extraction and processing of natural resources. , 3.4 intensity of Use: A maximum o£..12,0 dwelling units per gross acre. • p n r. NO 838 P. 5 1 1• • - 8o0K filo eata4.59 3.5 minimum Lot Area: • (1) 600 square feet for townhouse, attaihhed single-family dwellings. (a?. 2,000 square feet for zero -lot -lin, attached single-family dwellings. (3) 7,500 square feet for single-family detached dwellings and too -family dwellings. (4) 9,000 square feet for multiple -family dwellings. 3.6 Maximum Site aoverage: • (1) For single-family detached dwellings, attached single-family dwellings arra two-family fellings without cannon open area as part of the plat at time of subdivision, hot more than 70* of each lot shall be covered by buildings, drives and parking areas. For single-family detached dwellings, attached' single-fahnily'd4>oe]lings and two-family dwellings with.common open area as part of'the plat -at time of subdivision, not more than 90% of the platted area shall be covered by buildings, parking areas and streets. • (2) For multiple -family dwellings, not more than 75% of the platted area at the time of subdivision shall be covered by buildings, • parking and private streets. (3) A lot shall not be limited to one principal structure provided: (a) The usei of each structure shall be allowed within the applicable cone district. (b) The total accumulated improvements do not exceed the naxinriii Bite coverage nor violate any other requirements of the sone district. (c) The entire lot remains larder one ownership. -8- • • . 1 • , • 0.7111 , SEP, 29. 2044 7:25AM • MAY, 20.2043 2; 44PM LEAVEN WORTH & KARP • NO. 838 P. 6 LEAVENWORTH & KARP O. 101 Battlement Mesa PDD Zoning Resolutions M Applicable to Valley View Village Subdivision This surriaiy is based on available information from the Garfield County Clerk. B rutin S0-82 (included in staffreport) = superseded and replaced 11 1982 (sec below) - re -adopts -complete zone district regulons - subdivides subject property into Tract A and Tract B - Tract A donated to Garfield County OS.2 ,4104 $0 0 §L Pit - subjects Tracts A and B to Battlement Mesa PUD guidelines. zones property into four districts: Neighborhood/Commercial (NC), Medium Density Residential (MDR.), Low Density Residential (LDR); Public Space/Residential (PSR) *eNote: 'There is no "public space/reeidemial." Both' Resolutions 8042 and 32-327 do, however, define a "public, semipublic, and recreation" district, which County Stall believes to apply. • - incorporates the "conceptual land Use diad" as the zone district boundary map • - applies five specific conditions as set forth in the resolution relating to pedestrian and bike plans, architectural standards, an agreement for maintenance dope= space, construction of a pedestrian bridge, and landscaping issues. • modifies coning �"Battlement Mesa PUD" for the Dom, RDR, LDR, MDR, and. CAR districts - As applicable heat;, LDR =AN/DR district text amended, at Sections 2.1 sad 3.1, respectively, to add the following use by right: Temporary real estate sales occas and model homes used only for the purpose of initial sales by the developer of property located within the [Low] [Medium] Density Residential Zone Distant. - deletes the second paragraph in Section 10.2 of the Supplemental Regulations referring to "mobile bachelor dwellings" as permitted uses, 1 SEP. 29. 2004 7:25AM LEAVENWORTH & KARP MAY, 20, 2008 2;44PM LEAVENWORTH & KARP NO. 838 P 7 NO. 101 P, 3 ErdelLtima-9-0414 (47723440) - adds a definition of "guest suite" and regulations canaern% guest suites in the CAR district (not applicable to Valley View Village) Qa lutiq.96-9 0995 P54 - amends the 11 -ant yard setback provisions in the MDR acne by replacing Section 3,7(1)(o) with the following: (c) For aero -lot lire and townhouse, attached single-family dwellings: (1-1) No lot shall front on an arterial or collector street. (2-2) Local streets: 20 feet Front Setback from the front lot line, if there is a $ontrfaaing gseage; no Front Setback if there is a side -facing garage or at least 20 feet of cor:=on open space between curb' line and lot line. Resolu- 029, P9J4) - ids the PUP map with respect to an area neat the "Town Center" (not applicable to Valley View Village) teselution97.10 tet 42 p32) amerlds the NC one district regulations to add the following use by right: Section 6.1. Unmanned cerwash facilities (coin operated self-service or automatic • touch -free) with ibvr or less wash bays and vacuum stations, which must be sited with limited vehicular S.cceas. - deletes the phrase "and Without eat washing facilities" from this section. ReceIn 2002 2 i 401,, P437) - greats a variance to a specific parcel (not applicable to VVV) 2 1 SEP. 29. 2004 7:25AM LEAVENWORTH & KARP NO. 838 . MAY. LU. 1 RI 2:4411M LEAMIN KlH & KAR? NO, 141 P. 4 Reso1 '002-61 fB1.63,_P5251 , • further amends Section 6,1(uses by right in the NC zone district) to add additional uses and to now read as follows: Section 6.1 Uses. by right Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bad, liquor, dug, florist, books, and sirmlar uses. Personal service establishments not exceeding 5,000 square fret of area for each principal use, including barber, beauty, self-service, laundry, dry cleaning, photo and art studios, travel agency, shoe health spa [sic], private clubs, indoor eating and drinking establishments (which may include Liquor), bad, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays, which must be sited with united vehicular access and service areas reasonably screened from public. view, self service storage facilities. Unmanned cerwa h facilities (coin operated self-service or automatic touch -dee) with four or less wash bays and vacuum stations, which must be sited with limited 'vehicular access Prepared May 15 2003, by David McConaug1 y, Leavenworth & burp, F.C. 3 REAL ESTATE & CONSTRUCTION • Quality • Value • Integrity September 22, 2004 Garfield County Building & Planning Department 108 8th St. Suite 201 Glenwood Springs, CO. 81601 Dear Sir; 1 This letter is written to confirm that David McConaughy, attorney of Levenworth & Karpp is the registered agent for Grace Homes Construction, Inc. and our sister development company Darter, LLC for both the building plat submittal for 0017-0019 Angelica Circle, and for the submittal of final plat for Phase B at Valley View Village Subdivision. If you have any questions or need additional information regarding this notification, please contact me. Sincerely, l Terry Lawrence, President 786 Valley Court • Grand Junction, Colorado 81505 Office (970) 523-5555 • Fax (970) 523-0103 Report Date: 09/24/2004 10:38AM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 200403963 SCHEDULE NO: R400438 ASSESSED TO: HOAGLUND, EDWARD J. & IDA LEE 4064 COUNTY ROAD 309 PARACHUTE, CO 81635-9108 VENDOR NO: LEAVENWORTH & KARP LEGAL DESCRIPTION: SECT,TWN,RNG:18-7-95 DESC: ATR IN SENE BK:0615 PG:0487 BK:1518 PG:822 RECPT:636574 BK:0748 PG: 0893 BK:0642 PG:0065 BK:0641 PG:0278 SUC:R270154 PRE:R400438 PARCEL: 2407-181-00-002 SITUS ADD: 004064 309 COUNTY RD PARACHUTE TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 987.96 0.00 0.00 987.96 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE AS OF 09/24/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 080 - 16-EDTHFZ Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 10.649 165.29 RESIDENTIAL 194,910 15,520 GRAND VALLEY FIRE 3.267 50.70 COLO RIVER WATER CONS 0.255 3.96 TOTAL 194,910 15,520 WEST DIVIDE WATER CON 0.200 3.10 GRAND RIVER HOSPITAL 5.726 88.87 GRAND VALLEY CEMETERY 0.113 1.75 SCHOOL DISTRICT 16 18.881 293.03 COLORADO MTN COLLEGE 3.997 62.03 PARA/BATTLEMENT REC 3.670 56.96 CONSOLIDATED METRO 13.893 215.62 ROAD & BRIDGE FUND 0.497 7.71 DEPT SOCIAL SERVICES 1.392 21.60 GARFIELD CAP EXPEND 1.117 17.34 TAXES FOR 2003 63.657 987.96 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPT 1, 2004, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 24th ay of September, 2004. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 SEP 2 4 2004 Garfield County Assessor Property Search Page 1 of 2 Garfield Ccaunty Colorado Property Information Assessor & Treasurer Data Updated Quarterly with the last update released on 08/16/2004 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owr ty Name: Edward J. & Ida Lee Hoaglund Type: Primary Address: 4064 County Road 309 Parachute, CO 81635-9108 Address: Parachute, CO Account number: R040987 Parcel number: 240718102009 Sub -division: Valley View Village Sub -Div Condo: Neighborhood: 162025 Area: 80 Legal: SECT,TWN,RNG:18-7-95 SUB:VALLEY VIEW VILLAGE SUB -DIV LOT:TR H DESC: FUTURE PHASE BK:0615 PG:0487 BK:1546 PG:979 RECPT:643048 BK:1546 PG:964 RECPT:643045 BK:1546 PG:954 RECPT:643041 BK:1546 PG:946 RECPT:643039 BK:1518 PG:822 RECPT:63657413_K:QZ48 PG:0893 BK:0642 PG:0065 BK:0641 PG:0278r^`:R400438 Total Actual Value: $43,000.00 Taxes No items found. Land Actual Value: $43,000.00 Land size: Square feet: http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R040987 9/23/2004 Garfield County Assessor Property Search Page 2 of 2 Acres: 7.70 E3uilding(s) No items found. No items found. Copyright © 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R040987 9/23/2004 Garfierd County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 08/16/2004 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owner Property Name: Darter Llc Type: Primary Address: 786 Valley Court Grand Junction, CO 81505 Address: Parachute, CO Account number: R040979 Parcel number: 240718102001 Sub -division: Valley View Village Sub -Div Condo: Neighborhood: 162025 Area: 80 Legal: SECT,TWN,RNG:18-7-95 SUB:VALLEY VIEW VILLAGE SUB -DIV LOT:46 BK:0615 PG:0487 BK:1563 PG:983 RECPT:647202 BK:1546 PG:979 RECPT:643048 BK:1546 PG:977 RECPT:643047 BK:1546 PG:976 RECPT:643046 BK:1546 PG:964 RECPT:643045 BK:1546 PG:954 RECPT:643041 BK:1546 PG:946 RECPT:643039 BK:1518 PG:822 RECPT:636Bf ?48,PG:0893 BK:0642 PG:0065 BK:0641 PG: 027 PRE: R400438 Total Actual Value: $43,000.00 Taxes No items found. Land Actual Value: $43,000.00 Land size: http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R040979 9/23/2004 Garfield County Assessor Property Search Page 2 of 2 Square feet: Acres: 4.79 Building(s) No items found. yprovemant(s) Copyright © 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R040979 9/23/2004 LOYAL E. LEAVENWOR1H SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14T" STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm@lklawfirm.com September 23, 2004 Jim Hardcastle, Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) VIA HAND DELIVERY Re: Valley View Village Subdivision, Lot 46, Building M Dear Jim: Enclosed please find the following information regarding the application of Darter, LLC, for approval of a final plat for "Building M" within Lot 46, Valley View Village Subdivision. As we have discussed, the application requests approval of a final plat to define the unit boundaries of the first two units within Lot 46 as authorized by the Preliminary Plan approval. This plat depicts two units, the party wall, and common elements relating to Building M. This building is not a "condominium." The plat has been revised to delete the word "condominium." Copy of Subdivision Application Form submitted 9/16/04 Copy of check for $200 application fee (previously submitted) Letter from Terry Lawrence authorizing me to act as representative for both Grace Homes Construction, Inc. and Darter, LLC for the purpose of this application as well as the separate application for Valley View Village, Phase B. I have included a second copy for you to place in the Phase B file. 4. Supplemental Declaration of Covenants, Conditions and Restrictions for Valley View Village Townhomes. SEP 2 ,4 2004 Note: this declaration may be applied to all future multi -family units within Valley View Village notwithstanding the word "Townhomes" in the title. It also allows, but does not require, a separate declaration to be submitted for airspace units. Building M is not an airspace unit. The Supplemental Declaration will be recorded simultaneously with the plat. I:\2004\Clients\Grace-1238\Letters\Hardcastle-I.wpd LEAVENWORTH & KARP, P.C. Page 2 September 23, 2004 5. Revised plat including signature lines for the mineral owners and the certificate for lien holder's consent in the form provided by Carolyn Dahlgren. Please confirm that we are scheduled for review by the Board on the 10/4/04 agenda. If you require any additional documents or information, please let me know. Thank you for your help with this application. DHM: Enclosure cc (w/o enc.): Carolyn Dahlgren, Esq. Mr. Terry Lawrence Ron Weidler, P.E. I:\2004\Clients\Grace-1238\Letters\Hardcastle-I.wpd Very truly yours, LEAVEN . • :,& KARP, P.C. David H. McCona_ LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14' STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm@lklawfirm.com Carolyn Dahlgren, Esq. Deputy Garfield County Attorney 108 East 8`" Street, Suite 219 Glenwood Springs, CO 81601 September 30, 2004 Re: Valley View Village: Townhomes and CCIOA Dear Carolyn: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) This letter responds to your inquiry of September 29, 2004 concerning the "Supplemental Declaration of Covenants, Conditions, and Restrictions for Valley View Village Townhomes" drafted by this office. The Krendl treatise excerpt you sent me describes ownership interests in condominiums. The treatise refers to C.R.S. §38-33.3-103(9), the CCIOA definition of "condominium." This definition states that "[a] common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners." Although you are correct that ownership of common elements in a condominium must be vested as undivided equal interests in the unit owners, it does not follow that common elements in townhomes must be owned by a homeowners' association. CCIOA provides for three classes of common interest communities: condominiums, cooperatives, and planned communities. See C.R.S. §38-33.3-207. As stated above, the declaration for a condominium must allocate to each unit a percentage of the undivided interests in the common elements and in the common expenses of the association. C.R.S. §38-33.3-207(a). Conversely, a cooperative is defined as a common interest community in which the real property is owned by an association of owners. C.R.S. §38-33.3-103(10). The third and most ambiguously defined common interest community is a planned community. A planned community is any common interest community other than a condominium or cooperative. C.R.S. §38-33.3-103(22). While CCIOA mandates that a percentage of the common expenses in a planned community must be allocated to the homeowners' association, the statute is silent as to the proper allocation of common elements. C.R.S. §38-33.3-207(c). Thus, a planned community's declaration may allocate common elements to the association or to unit owners in undivided interests. Paragraph 10 of the Phase A SIA acknowledges that the County has already approved Lot 46 to include 2 "duplexes" 2 "four-plexes" and 7 "six-plexes." It also provides that the plat for each building can designate ownership either in reference to party walls or based on airspace. Building M is proposed to define the unit in reference to a party wall, i.e., the owner will have a fee interest in the building footprint and the dirt beneath it. I:\2004\Clients\Grace-1238\Letters\Dahlgren-2.wpd LEAVENWORTH & KARP, P.C. Page 2 September 30, 2004 The project is funded in part by the Office of Housing and Urban Development (HUD). Legal documents submitted to HUD for project approval must be accompanied by certification from the mortgagee's attorney that the documents comply with state and local condominium laws as well as HUD regulations and policy statements. Pursuant to HUD Directive No. 4265.1, ownership arrangements with undivided interests in all common elements are acceptable. Other ownership arrangements, including homeowners' association ownership of common elements, may be approved only on a case by case basis. In order to comply with this directive, each Valley View Village unit owner shall hold an equal undivided interest in the common elements. By declaring undivided interests in the common elements of Valley View Village Building M, we are attempting to expedite the HUD process as much as possible. This ownership arrangement is also desirable because, under CCIOA, it may be applied properly to both condominiums and townhomes (ie, party wall units), thus eliminating the need for dual regulatory schemes. Nevertheless, for lending reasons and to avoid further confusion, the owner may ultimately decide to use a separate declaration for condominium buildings. Future building plats will be accompanied by supplemental declarations if necessary or appropriate. If you feel it is necessary, we have no objection to adding a plat note to clarify that land within the "unit" boundaries on Building M is to be owned in fee simple, while all areas outside the unit boundaries are general common elements or limited common elements with ownership vested as undivided interests. We should discuss the wording of the plat note and any other plat issues at our meeting next Tuesday. For your reference, I am attaching a copy of HUD Directive No. 4265.1. I look forward to our meeting next week. If you have any further questions or concerns in the meantime, please do not hesitate to contact me. Very truly yours, LEAVENWORTH & KARP, P.C. David H. McConaughy i DHM: Enclosure HUD Directive No. 4265.1 cc: Terry Lawrence Ron Weidler, P.E. 1:\2004\Clients\Grace-1278LLerters\Dahlgren-2.wpd LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14T" STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 dhm@lklawfirm.com Carolyn Dahlgren, Esq. Deputy Garfield County Attorney 108 East 8th Street, Suite 219 Glenwood Springs, CO 81601 September 29, 2004 Re: Valley View Village, Building M Dear Carolyn: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) VIA FAX I have figured this out. We continue to be haunted by an error in one of Tamara Pregl's early staff reports citing the incorrect zoning resolution. Resolution 80-82 established a minium lot area in the MDR district at 7,500 square feet, and Tamara cited that in one of her reports. However, Resolution 82-121 completed superceded those regulations and established a minimum lot area of 600 square feet for "townhouse, attached single-family dwellings." I have enclosed copies of the adopting language and the relevant regulations. As you may recall, you and I had a meeting some time ago regarding this error, and I prepared the enclosed outline to show the rather complicated history of zoning in the area. Tamara's confusion was understandable. I'll call you shortly, but I think this solves our problem. DHM: Enclosure cc: Ron Weidler, P.E. \2004\Clients \Grace-1238\Letters \Dahlgren -I .wpd Very truly yours, LEAVENW KARP, P.C. David H./cConau 09/22/2004 WED 16:11 FAX 970 245 4006 Home REAL ESTATE & CONSTRUCTION W9001/001 • Quality • Value • Integrity September 22, 2004 Garfield County Building & Planning (Department 108 $th St. Suite 201 Glenwood Springs, CO. 81601 Dear Sir; This letter is written to confirm that_David McConaughy, attorney of Levenworth & Karpp is the registered agent for Grace Homes Construction, Inc. and our sister development company Darter, LLC for both the building plat submittal for 0017-0019 Angelica Circle, and for the submittal of final plat for Phase B at Valley View Village Subdivision. If you have any questions or need additional information regarding this notification, please contact me. Sincerely, Terry Lawrence, President SEP 22 2044 786 Valley Court • Grand Junction, Colorado 81505 Office (970) 523-5555 • Fax (970) 523-0103 INTEROFFICE MEMORANDUM To: Jim Hardcastle, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Valley View Village Condominiums, Building M - Review Date: 9/28/04 Dear Jim, Upon review of Valley View Village Condominiums, Building M 'plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. The cross-sections lines A and B on sheet 3 are labeled incorrectly. 2. It is difficult to see the actual boundaries for building M on sheet 1. May I suggest a bolder line type? 3. Area is a required element as per section 5:25 of the Garfield County Subdivision Regulations. Once these comments have been addressed, the surveyor may prepare the mylar for record . - ing further requirements from your office Sincerely, Vi colt Aibner As Garfield County Surveyor cc Jay Axtell - High Country Engineering, Inc.