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HomeMy WebLinkAbout1.0 ApplicationIY NG GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com F r 'E1, FEB 0 9 2009 SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) BUILD NG & PLANN ❑ SKETCH PLAN (optional) ❑ CONSERVATION SUBDIVISION ❑ PRELIMINARY PLAN O PRELIMINARY PLAN AMENDMENT ❑ FINAL PLAT ® FINAL PLAT AMENDMENT / CORRECTION PLAT ❑ COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) Name of Property Owner: PCA, LLC Mailing Address: PO Box 9427 Telephone: (970) 945-6546 City: Aspen State: CO Zip Code: 81612 Cell: ( ) • E-mail address: briston@sopris.net FAX: ( ) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): Balcomb & Green, P.C., Attn: Larry Green & Chad Lee Mailing Address: PO Drawer 790 Telephone: (970) 945-6546 r City: Glenwood Springs, State: CO Zip Code: 81602 Cell: ( ) E-mails: tarry@balcombgreen.com; clee@balcombgreen.com FAX: (970) 945-9769 Location of Property: Section 19, Township 7 South, Range 88 W, 6PM y Assessor's Parcel Numbers: 2393-191-73-001 and 2393-191-73-002 • Practical Location / Address of Property: TBD, Aspen Glen, Carbondale, Colorado • Current Size of Property to be Subdivided (in acres): 0.666 ac. Number of Tracts / Lots Created within the Proposed Subdivision: 4 Last Revised 12/24/08 GENERAL INFORMATION continued... Proposed Water Source: Roaring Fork Water & Sanitation District (See "Attachment 0" to be completed with Preliminary Plan Application) . Proposed Method of Sewage Disposal: Roaring Fork Water & Sanitation District r Proposed Public Access VIA: 9929 Hwy. 82, Aspen Glen entry road (Bald Eagle Way) Easements: Utility: Various Ditch: None y Total Development Area (fill in the appropriate boxes below): (1) Residential Units / Lots Size (Acres) Parking Provided Single -Family Duplex 4/4 0.666 Yes Multi-Family Mobile Home Total Floor Area (sq. ft.) Size (Acres) Parking Provided (2) Commercial (3) Industrial (4) Public / Quasi-Public (5) Open Space / Common Area Total The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 2 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form. 7. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. I. THE SKETCH PLAN The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C)(2)) 5. Land Suitability Analysis (4-502(D)) 3 II. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Plan or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield -Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Pre -Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501(J)) 3. Yield Plan (5-502(C)(8)) 4. Preliminary Plan (5-501(G)) 5. Final Plat (5-501(E)) 6. Narrative addressing Design Standards (7-501 through 7-503) III. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article VII, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(B) of the ULUR: 1. Pre -Application Conference 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3. Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10. Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Plan shall consist of the following procedures. 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following application materials as more fully described in Article V, Section 5-501(H): 5 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE FINAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-602 C. 4.) h) Final cost estimates for public improvements i) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 7. Improvements Agreement, if applicable [include record drawings in digital format, (4-602 J.)] 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees) VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to-ecfion 5-306). A correction can be made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: 1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent lots or Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four (4) subdivision lots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four (4) subdivision lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 7 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the Tots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which is co.-ct and accj to to tbest of my knowledge. f'------- February , 2009 ($ignature of Property Owner}/ Date 8 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat conn Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $250 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 ■ Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1St page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and PCA, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for a final plat amendment (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR A HORIZED REPRESENTATIVE) ignature Lawrence R. Gre • n Print Name Mailing Address: PO Drawer 790 February , 2009 Date Glenwood Springs, CO 81602 &(818 Colorado Avenue, GWS, CO 81601) Page 4 tft GARFIELD COUNTY,., Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601lu Telephone: 970.945.8212 Facsimile: 970.384.3470 1 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: n/a DATE: I /29/09 PROJECT: Re -subdivision of Lots 1 and 2, Amended Final Plat of Aspen Glen Clublodge Lots I and 2 (according to the First Amended Plat thereof recorded 12/2/2008 as Reception No. 759483). OWNER: PCA, LLC REPRESENTATIVE: baicomb * Green PC (Larry Green $ Chad Lee) PRACTICAL LOCATION: Aspen Glen PUD TYPE OP APPLICATION: Amended Final Mat I. GENERAL PROJECT DESCRIPTION The owner of Aspen Glen Clublodge Lots I and 2 in Aspen Glen propose to subdivide their lots. These lots were originally intended for re -subdivision on the original plat. II. REGULATORY PROVISIONS APPLICANT I5 REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The following sections of the Garfield County Unified Land Use Resolution of 2008 shall apply: Article 5: Section 5 — 306 Article 5: Section 5 — 501 (Agreed to waive the submittal of the preliminary Plan and SIA) Article 4: Section 4 — 104 III. REVIEW PROCESS The following is a flow chart of the required Administrative Process and is used solely as an illustration of the timelines assuming an application was submitted on January 1, 2009. These timelines will adjust according to when the application is filed with the County. (Note that this also assumes the timelines are used to their maximum allowed.) Pre -Application Conference Application Determination of Completeness Evaluation by Director ew by Refers ncre latice Decision by Director Written Notice by Director — — 0 — Submitted on January 5, 2009 February 17, 2009 (30 w. days) h 10;.2009 (2 ys March 31, 2009 (30 w. days from TC) April 7, 2009 (5 w. days) April 1 . 2009 10 2009 (14 c. Public Nearing(s): X None Planning Commission Board of County Commissioners _ Board of Adjustment c. Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) None. IV. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: $ 100.00 $0.00 c. Total Deposit: $ 100.00 (additional hours are billed at hourly rate) General Application Processing Manner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: January 29, 2009 Fred A. Jarman, Date APPLICATION OF PCA, LLC FOR AMENDMENT TO ASPEN GLEN CLUBLODGE LOTS 1 AND 2, FIRST AMENDED PLAT Narrative Explaining Purpose of the Application PCA, LLC owns Aspen Glen Clublodge Lots 1 and 2 ("Clublodge Lots"). The Clublodge Lots were originally platted by the Final Plat, Aspen Glen Golf Clubhouse and Clublodge, recorded on November 19, 1999 as Reception No. 555595 ("Plat").' This Plat approved each of the Clublodge Lots for two single family dwelling units. (Plat Note J). Clublodge Lots 1 and 2 were amended by the Amended Final Plat of Aspen Glen Clublodge Lots 1 and 2, recorded on December 2, 2008 as Reception No. 759483. This Application seeks to amend the Amended Final Plat of Aspen Glen Clublodge Lots 1 and 2 to consummate the formal subdivision of each of the Clublodge Lots, as authorized by the original Plat. The standards and criteria of Article VII of the Garfield County Unified Land Use Resolution were addressed during the platting of the Lots in 1999 and the original approval of Aspen Glen PUD. Because the resubdivision of the Clublodge Lots was contemplated and approved at the time of the recordation of the original Plat, the criteria in Article VII are either inapplicable or have already been satisfied and adequately addressed. Specifically, the Roaring Fork Water and Sanitation District committed to provide water and sewer service to these Townhome units at the time the lots were platted in 1999. This application merely seeks to implement a prior land use approval. ' This was a resubdivsion of Golf Clubhouse Parcel, Second Amended Plat Golf Clubhouse Parcel, Aspen, Filing No. 1, Garfield County, Colorado. ■IIIl���JQ�L�tti SMI+��I�� f� Inaki:111i#'5N.�i�.�i��:�i 1i 11111 Reception#: 758305 11/07/2008 09:47:55 RM Jean Rlberico 1 of 1 Rec Fee:$6.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY (C.R.S. §38-30-172) 1. This Statement of Authority relates to an entity named PCA LLC. 2. The type of entity is a limited liability company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is P.O. Box 9427, Aspen, Colorado 81612. 5. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: Briston Peterson, Manager Gary Albert, Manager 6. The authority of the foregoing persons to bind the entity is not limited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. §38-30- 172. Executed this day of November, 2008. STATE OF COLORADO COUNTY OF P tTK r✓ ss. PCA LLC, ( a Colorado limited liaMi n By: Bris By: Gar 7:f'"' , Manae The above and foregoing instrument was acknowledged before me this day of November, 2008, by Briston Peterson as Manager of PCA LLC, a Colorado limited liability company. Witness my hand and seal. My commission expires: /-zS Zv// Notary Public STATE OF COLORADO COUNTY OF F'/7 -A1✓,'./ ) ) ss. The above and foregoing instrument was acknowledged before me this c day of November, 2008, by Gary Albert as Manager of PCA LLC, a Colorado limited liability company. Witness my hand and seal. My commission expires: /.-? - Return to: Lawrence R. Green Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Notary Public PCA, LLC P.O. Box 7928 ASPEN, COLORADO 81612 February 3, 2009 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Second Amended Final Plat: A Resubdivision of Lots 1 and 2, Final Plat of the Aspen Glen Golf Clubhouse and ClubLodge Dear Madam or Sir: With this letter we authorize Lawrence R. Green and Chad J. Lee and the law firm of Balcomb & Green, P.C., to act as the authorized representative of PCA, LLC in regard to the above -referenced land use application. Thank you for your consideration of this application. Very truly yours, PCA, LLC By: Bristol Peterson, Manager EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE NICHOLAS B. NELSON BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www@balcombgreen.com March 20, 2009 Via Hand Delivery John Niewoehner, P.E. County Project Engineer Garfield County Building and Planning Department 108 8th St, Suite 401 Glenwood Springs, CO 81601 RE: PCA, LLC APPLICATION FOR PLAT AMENDMENT CERTIFIED RETURN RECEIPTS Dear John: KENNETH BALCOMB (1 920-2005) OF COUNSEL: JOHN A. THULSON Attached for your records are the certified receipts for notice owners of property located within 200 feet of the subject parcel owned by PCA, LLC for its recent application for a plat amendment. 2393-191-73-003 Thomas K. and Sandra S. Lloyd 106 ClubLodge Drive Carbondale, CO 81623 2393-191-73-006 Robert L. Dieckhaus, A Revocable Trust Dated June 3, 1991 109 Club Creek Court P.O. Box 17 St. Albans, MO 63073 2393-191-73-007 Myrna Sue Pharris Grover Tallman 92 ClubLodge Drive Carbondale, CO 81623 2393-191-73-008 2393-191-73-011 ClubLodge Owners Association P.O. Box 21307 Hilton Head Island, SC 29925 2393-191-73-009 Daniel Pearlman Jeanette Trepp 202 San Vicente Blvd., #16 Santa Monica, CA 90402 2393-191-73-010 The Mount Living Trust Dated October 29, 1986 70 ClubLodge Drive Carbondale, CO 81623 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Garfield County Building & Planning Department 2393-192-00-386 2393-191-00-396 Aspen Glen Golf Club Management Company Department 230 P.O. Box 4900 Scottsdale, AZ 85261 2393-191-12-001 Joan F. Drake 0016 Cottage Drive Carbondale, CO 81623 2393-191-12-002 Edward J. and Catherine H. McMahon 60 Sunset Drive Basalt, CO 81621 2393-191-12-003 Kelly La Fay Revocable Trust 4021 Gulf Shore Blvd., #1405 Naples, FL 34103 2393-191-12-004 Edward and Jane Bleka c/o Robert D. Golstine 1011 State Street, Suite 200 Lemont, IL 60439 2393-191-12-005 Don G. Powell 74 Cottage Drive Carbondale, CO 81623 2393-191-12-006 William C. Bagby 241 Chimney Rock Houston, TX 77024 2393-191-12-007 Paul F. Rondeau Living Trust 98 Cottage Drive Carbondale, CO 81623 2393-191-12-008 FAM Properties, LLC 0106 Cottage Drive Carbondale, CO 81623 Please let me know if you have any questions regarding the foregoing. Very truly yours, BALCOMB & GREEN, P.C. By: Chad ./ ee /ch Encl. cc: PCA, LLC March 20, 2009 Page 2 PROPERTY OWNERS WITHIN 200 FEET OF SUBJECT PROPERTY 2393-191-73-003 Thomas K. and Sandra S. Lloyd 106 ClubLodge Drive Carbondale, CO 81623 2393-191-73-006 Robert L. Dieckhaus, A Revocable Trust Dated June 3, 1991 109 Club Creek Court P.O. Box 17 St. Albans, MO 63073 2393-191-73-007 Myrna Sue Pharris Grover Tallman 92 ClubLodge Drive Carbondale, CO 81623 2393-191-73-008 2393-191-73-011 ClubLodge Owners Association P.O. Box 21307 Hilton Head Island, SC 29925 2393-191-73-009 Daniel Pearlman Jeanette Trepp 202 San Vicente Blvd., #16 Santa Monica, CA 90402 2393-191-73-010 The Mount Living Trust Dated October 29, 1986 70 ClubLodge Drive Carbondale, CO 81623 2393-192-00-386 2393-191-00-396 Aspen Glen Golf Club Management Company Department 230 P.O. Box 4900 Scottsdale, AZ 85261 2393-191-12-001 Joan F. Drake 0016 Cottage Drive Carbondale, CO 81623 2393-191-12-002 Edward J. and Catherine H. McMahon 60 Sunset Drive Basalt, CO 81621 2393-191-12-003 Kelly La Fay Revocable Trust 4021 Gulf Shore Blvd., #1405 Naples, FL 34103 2393-191-12-004 Edward and Jane Bleka c/o Robert D. Golstine 1011 State Street, Suite 200 Lemont, IL 60439 2393-191-12-005 Don G. Powell 74 Cottage Drive Carbondale, CO 81623 2393-191-12-006 William C. Bagby 241 Chimney Rock Houston, TX 77024 2393-191-12-007 Paul F. Rondeau Living Trust 98 Cottage Drive Carbondale, CO 81623 2393-191-12-008 FAM Properties, LLC 0106 Cottage Drive Carbondale, CO 81623 GV9 0.827 AO.+- GV4 0.521 A0.+- 027 GV3 0.802 AC.+ - 2393 -192-00-386 GV7 0.885 AG+ - c o�� ft oar OUSE GLEN ' LUB FL. #5 0130 LAS OT LOT 5 'EN GLEN II LOT 8 LOT 9 2393-2( R VERFRONT C TRACT B JLF COURSE PARC ELS 8-10 GOLF CLUBHOUSE PARCEL (396) LOT 11 ES 24A 0 No .u(010 u 0.417 AC.± 21 BLM GOLF COURSE PARCEL 5 2393-203-00-385/ PROPERTY OWNERS WITHIN 200 FEET OF SUBJECT PROPERTY 2393-191-73-003 Thomas K. and Sandra S. Lloyd 106 ClubLodge Drive Carbondale, CO 81623 2393-191-73-006 Robert L. Dieckhaus, A Revocable Trust Dated June 3, 1991 109 Club Creek Court P.O. Box 17 St. Albans, MO 63073 2393-191-73-007 Myrna Sue Pharris Grover Tallman 92 ClubLodge Drive Carbondale, CO 81623 2393-191-73-008 2393-191-73-011 ClubLodge Owners Association P.O. Box 21307 Hilton Head Island, SC 29925 2393-191-73-009 Daniel Pearlman Jeanette Trepp 202 San Vicente Blvd., #16 Santa Monica, CA 90402 2393-191-73-010 The Mount Living Trust Dated October 29, 1986 70 ClubLodge Drive Carbondale, CO 81623 2393-192-00-386 2393-191-00-396 Aspen Glen Golf Club Management Company Department 230 P.O. Box 4900 Scottsdale, AZ 85261 2393-191-12-001 Joan F. Drake 0016 Cottage Drive Carbondale, CO 81623 2393-191-12-002 Edward J. and Catherine H. McMahon 60 Sunset Drive Basalt, CO 81621 2393-191-12-003 Kelly La Fay Revocable Trust 4021 Gulf Shore Blvd., #1405 Naples, FL 34103 2393-191-12-004 Edward and Jane Bleka c/o Robert D. Golstine 1011 State Street, Suite 200 Lemont, IL 60439 2393-191-12-005 Don G. Powell 74 Cottage Drive Carbondale, CO 81623 2393-191-12-006 William C. Bagby 241 Chimney Rock Houston, TX 77024 2393-191-12-007 Paul F. Rondeau Living Trust 98 Cottage Drive Carbondale, CO 81623 2393-191-12-008 FAM Properties, LLC 0106 Cottage Drive Carbondale, CO 81623 GV9 0.827 PC.+ - GV4 0.621 IC.+ - I 0.677 IC GV8 (6S-1) GV2 0.716 / C.+- GV7 0.686 AC.+- GV6 0.606 PC.4- GV1 0.762 IC+ - a OUSE 'EN GLEN I I 2393-2( III, VER FRONT C LOT 10 9LF COURSE PARC LS 8-10 GOLF CLUBHOUSE PARCEL (01 LOT 11 ES (004) LOT 4 0 0 4 N6, N 24A .0, o c-1 22 02 0.417 AC.± 21 GOLF COURSE 2393 -203 - TRACT B BLM PARCEL 5 0-385/ IIII 14541044.PYWLI4hIACW00111106111 111 Reception*(: 718620 03108/2007 03:52:41 PM 8.1900 P:0577 Jean Rlberico 1 of 3 Rec Fee:$16.00 Doc Fee.72.50 GARFIELD COUNTY CO Filed for record the day of ,A.D. , at o'clock M. RECORDER. Reception No. By DEPUTY. SPECIAL WARRANTY DEED THIS DEED, Made on this day of March 02, 2007 between ASPEN GLEN GOLF COMPANY, A COLORADO LIMITED PARTNERSHIP of the County of and State of , Grantor(s), and PCA, LLC, A COLORADO LiMITED LIABILITY COMPANY is whose legal address is : P.O. BOX 7928 ASPEN, CO 81612 of the County of PITKIN and State of COLORADO of the Grantee(s): WITNESS, That the Grantor, for and in consideration of the sum of ( $725,000.00 ) **e Seven Hundred Twenty Five Thousand and 00/100 i" DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sett, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: CLUBLODGE LOT 1 CLUBLODGE LOT 2 ACCORDING TO THE FINAL PLAT, ASPEN GLEN GOLF CLUBHOUSE AND CLUBLODGE, A RESUBDIVISION OF GOLF CLUBHOUSE PARCEL, SECOND AMENDED PLAT GOLF CLUBHOUSE PARCEL, ASPEN GLEN, PILING NO. I COUNTY OF GARFIELD STATE OF COLORADO also known as street number LOT 1 CLUBLODGE DRIVE, LOT 2 CLUBLODGE DRIVE CARBONDALE CO 81623 TOGETHER with all and singular and hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s). EXCEPT OEEERAD TAXES AND ASSESSMENTS FOR 488 YEAR 3007 AND 9O89RQC8NT YEARS, AND SQBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF NAY 07 RECORD, IF ANY IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. ASPEN GLEN GOLF COMPANY, A COLORADO LIMITED PARTNERSHIP STATE OF )ss, County of R ea,l w -r- ) By: AUT RIZ AGENT n ' y/G/4s The foregoing instrument was acknowledged before me on this day of March 02, 2007 by MA fitrs s o. oet.EL, AUTHORIZED AGENT FOR ASPEN GLEN GOLF COMPANY, A COLORADO LIMITED PARTNERSHIP S1 k,. 4�f GK`aA! My commission expires sslqty.5,Jo07 Witness my hand and official seal. II LLLLU/.X.`y-// Notary Public Name and Address of Person Creating Newly Created Legal. Description ( 38-35-106.5, C.R.S.) Escrow# 0063000152 Title# GW63000152 Form 432 01/17/03 SPEC.WD.OPEN When Recorded Return to: PCA, LLC, A COLORADO LIMITED LIABILITY COMPANY P.O. BOX 7928 ASPEN, CO 81612 WARRANTY DEED (Photographic -Open) (4427559) 1111K EilililetAbirthhlriVE1161100.1i 11111 Reception#: 718620 03/08/2007 03:52:41 PM B:1900 P:0578 Jean Rlberico 2 of 3 Rec Fee:$16.00 Doc Fee:72.50 GARFIELD COUNTY CO EXHIBIT A RIGHT OF PROPRIETOR OP A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE POUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894, IN BOOK 12 AT PAGE 332. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OP THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894, IN BOOK 12 AT PAGE 332. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305, B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 64. G. RESOLUTION NO. 682. H. RESOLUTION NO. 686. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 96-06 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 96-07 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED APRIL 12, 1992 IN BOOK 827 AT PAGE 636 AND RECORDED JUNE 29, 1993 IN BOOK 835 AT PAGE 364. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN llIILLI1 1 111 IrniCI 1P' N 1111 Receptions: 718620 03/00/2007 03:52.41 PM 8.1900 P.0579 Jean Plberlco 3 of 3 Rec Fee:$16.00 Doc Fee:72.50 GARFIELD COUNTY CO EXHIBIT A Contined BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT PAGE 755, AND THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT PAGE 740 FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 1467 AT PAGE 910 AND AMENDMENT RECORDED OCTOBER 30, 2003 IN BOOK 1533 AT PAGE 735 TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 444, AND RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 866. (ITEM INTENTIONALLY DELETED) TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 314. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330, PLAT RECORDED NOVEMBER 19, 1999 AS RECEPTION NO. 555595 TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED November 19, 1999, IN BOOK 1161 AT PAGE 282. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF EASEMENT RECORDED January 17, 2000 IN BOOK 1169 AT PAGE 75. TERMS, CONDITIONS AND PROVISIONS OP CONDOMINIUM DECLARATION FOR CLUBLODGE RECORDED November 22, 2000 IN BOOK 1218 AT PAGE 942. (ITEM INTENTIONALLY DELETED) ENCROACHMENT OF UTILITIES OUTSIDE OF EASEMENT AS SHOWN ON IMPROVEMENT SURVEY DATED FEBRUARY 14, 2007 PREPARED BY SCHMUESER GORDON MEYER, INC. ENCORACHMENT OF MAIL BOXES ONTO SUBJECT PROPERTY AS SHOWNON IMPROVEMENT SURVEY DATED FEBRUARY 14, 2007 PREPARED BY SCHMUESER GORDON MEYER, INC.