HomeMy WebLinkAbout2.0 CorrespondenceDeborah Quinn
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Deborah Quinn
Friday, April 16, 2010 9:08 AM
Tom Veljic
Fred Jarman
tristate rezone
lmportance:High
Tom,
How can the rezone to commercial limited be in compliance with the comp plan when most of the property is
designated outlying residential? shouldn't an amendment to the comp plan come first? (Fred question). Just because it
makes sense doesn't mean it complies with comp plan and why would we even consider rezoning when the underlying
designation of the comp plan doesn't support it? Shouldn't this be a TC issue, kick it out untilthere is a comp plan
amendment? Looks like this was a Fred pre-app and I didn't see any discussion in the pre-app of this issue. Please
enlighten me.
On the water analysis, it is totally conclusory, no proof of the current industrial well (permit, pump test, sufficiency, not
even a statement about how long it's been used, etc)and no discussion of whatthe most intense use of the property
might be , what its water needs will be, and that the current supply will be adequate. Also, since there now can be more
than one principal use on the property, another Fred question, how do you look at a44 acre parcelfor rezoning in terms
of the number of commercial limited uses the parcel might have? We could get another Glenwood Commercial project,
is there adequate water for that?
Fred, please let me know your thoughts on this one.
Otherwise need adjacent prop owners and mineral owners.
Deborah Quinn
Assistant Garfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
(970) 945-e150
Fax (970) 384-5005
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Deborah Quinn
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Deborah Quinn
Friday, April 16, 201012:10 PM
Tom Veljic
Fred Jarman; Don DeFord
rezoning
Tom,
I talked to Don about our earlier discussion about the rezoning near Rulison and he provided some historical perspective
on how these have proceeded in the past. First, he indicated that rezoning to commercial in these areas has been
problematic due to the lack of infrastructure in place. As an example, sewage treatment for restaurants, car washes,
etc. may not be able to be handled by ISDS, so allowing those uses as use by right through rezoning without a
demonstration of how these issues can be addressed will be problematic. Similarly, on traffic, again, what are the uses
by right and what traffic will be generated, what impact on l-70 intersection and CDOT roads, etc. lf you are going to
request the impact analysis, it is the most intensive use (or uses) that will be allowed as a use by right that you will need
to analyze.
He also indicated that past boards have ignored the mapping in the comp plan and our job is to assure that there is
sufficient information in the record of the public hearings to uphold the BOCC decision in a Rule 106 review (any
competent evidence is the standard).
Don says the reason these areas aren't zoned for these uses and are instead required to proceed with the LIR's and
MIR's is because these impacts then get reviewed on a use specific and impact specific basis. This was an issue with the
PUD/subdivision for George Strong as well, and we did require him to analyze the issues based on the most intensive use
that his proposed development would allow.
There are lots of goals in the Comp Plan that deal with these issues, beyond just the discussion of Commercial and
lndustrial uses, so hopefully a complete application will give you enough info to adequately address them.
Deborah Quinn
Assistant Garfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
(970) 945-91 50
Fax (970) 384-5005
CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of
the individual or entity to which it is addressed. The information contained herein may include protected or otherwise
privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is
strictly prohibited and may be unlawful. lf you have received this message in error, please notify the sender by replying
to this message and delete the emailwithout further disclosure.
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