HomeMy WebLinkAbout4.0 Letter of Approval109 8th Street, Suite 300
Glenwood SPrings, CO 81601
Tele: (9?0) 945-9150
Fax: (970) 384-5005
March 6, 2002
Thomas W. Stuver, Esquire
STWER & LeMOINE, P'C'
L2O West Third SLreet
PO Box 901
RifIe, CO 81550
Garfield school District. No. Re-2/eeach valley School site
Dear Mr. Stuver:
onMarch4,2oo2,Ipresentedyour]-etterofFebruary:-4,2002
to the Board, of count.y commj-ssioners. The Bocc agrees with your
position that compliance with Section 22-32_L24, C.R.S., as
amended, saLisfies your obligations concerning Garfield County Land
UseRegulations.Asyouhaveind.icatedinyour]ett,er,thaL
statute anticipates a two-st.ep consideraLion process ' At' our
meet.ing of ttarch +, Mark Bean, Garf iefd county Planning Director'
informed. the Board that RE-2 had complied with necessary review
processes.ASyourecognized,andisevid'entfromourrecords,
that. compliance is currently limited to site acquisit'ion' Also' as
yourecogrr-,zej.nyourCorrespondence,priortoconstructionofan
actual school facility, you are required' to notify the Planning
commission of that development in order that they may request a
hearing before the Re-2 school District Board of Educat'ion' when
that occurs, and if requested" by the Planning Commission' that
hearj-ng woul-d provid"e a forum for the Planning Commission and all
interested cit.izens to comment upon actual site developmenL '
I appreciate your correspondence
will inform the Planning Commission
COUNTY ATTORNEY'S OFFICE
in Lhis matter. This office
of the position of the Re-2
Garfteld CountY
Thomas W. Stuver, Esquire
Page 2
March 6, 2002
School- District and the Board of County Commissioners through
copies of this correspondence, and copies of your letter of
February a4, 2002. We anticipate notification from the School
Board prior t,o commencement of construction of a new facility at.
the Peach Va11ey site.,,WiM
DON K. DEFORD I !
Garfield County Attorney
DKD:jp
cc: Board of County Commissioners (w/Itr. of 2-L4-02)
Mark Bean, Garfield County Planning Director (w/Itr .of 2-14-02)
Garfield County Planning Commissj-on (w/ltr. of 2-14-02)
Central Correspondence (w/Ltr. of 2-L4-02)
STUVER & LEMOINE, P.C.
ATTORNEYS AT LAW
!20 \trr'EST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 41650
THOMAS W. STUVER
DANIEL D. LEMOINE
February 14,2002
Mr. Don DeFord
Garfield County Attomey
iC9 8th Street, Suiie 300
Glenwood Springs, CO 81601
Re: Garfield School District No. Re-2/Peach Valley School Site
Dear Mr. DeFord:
As you know, I represent Garfield School District No. Re-2.
Some years ago, prior to acquiring what is now known as the "Peach Valley School Site", the
District complied with C.R.S. 22-32-124 by consulting with and advising the Garfield County
Planning Commission of the pu{pose of the intended acquisition, Now, the District is proceeding
with site development. It is the intent of the District to comply again with C.R.S. 22-32-124 and
submit a site development plan to the Garfield County Planning Commission for review and
comment prior to initiation of construction of the secondary school improvements.
It is the District's position that compliance with C.R.S. 22-32-124 is the only requisite to utilization
of this site for a secondary school. The District acknowledges that the County has general zoning
authority and that the County zoning code treats "community buildings, day nursery, and school" as
conditional uses in the agricultural/residential/rural density zone. (See Garfield Ccunl,' Zontng
Resolution, Section 3.02) However, it is our belief that the County zoning resolution does not apply
to schools owned and operated by a school district, which is a political subdivision of the State of
Colorado.
The purpose of this letter is to inquire whether you or the County Commissioners take a contrary
view of the obligations of the District. While the Board of Education will exercise its own discretion
in proceeding with this project, it wishes to respect the County's jurisdiction and would prefer to
proceed with the knowledge that our interpretation of the applicable law is consistent with the
County's.
4t{-
2-te-Da
TELEPHONE 970 - 625-1847
FAX 970 - 625-4444
Mr. Don DeFord
February 14,2002
Page2
Would you please confer with the Commissioners and advise me if the County takes a view of the
applicable law contrary to that espoused by the District?
Very truly yours,
TWS/lsa
cc: Dr. Gary Pack, Superintendent
Garfield School District No. Re-2
STUVER &