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HomeMy WebLinkAbout1.0 ApplicationSeptember 12, 2008 Fred Jarman Director of Planning Garfield County, Colorado 108 8th Street Glenwood Springs, CO 81601 Dear Fred: Brownstein 1 Hyatt Farber 1 Schreck R CE. M L SEP 1 5 2008 GARFIELU BUILDING & PLANN; N,: James S. Lochhead Attorney at Law 970.945.5302 tel 970.384.2360 fax jlochhead©bhfs.com I am writing on behalf of Related/WestPac and River Bend Colorado, LLC ("Related WestPac"), the owner of the property located at Cattle Creek and the Roaring Fork River, formerly known as the Sanders Ranch PUD. I am writing to you regarding the process and timing for establishing the effective date of the new Unified Land Use Resolution for Garfield County. As you know, Related/WestPac has been working to develop an application for PUD zoning for the property, and has plans to submit the application this fall for a development to be known as Cattle Creek Colorado. Related/WestPac has submitted a sketch plan, and the Planning Commission has provided comments, for the potential rezoning of its property. It is our understanding the Commissioners intend to consider adopting the new Land Use Resolution in October, with an effective date of January 1, 2009. This raises questions regarding the treatment of land use applications filed under the existing Zoning Resolution or Subdivision Regulations and are pending on January 1, 2009. We understand the County's current intent is that applications filed under the existing regulations and deemed complete before January 1, 2009, will be processed under the existing regulations. Applications filed before January 1, 2009, but not deemed complete as of that date would have to be re -filed under the new Land Use Resolution. We understand the rationale behind this procedure — that an application is not actually "filed" until a complete application has been received by the County. However, this procedure, if adopted, would create problems for applicants such as Related/WestPac intending to file land use applications this fall. Once an application is filed, the staff reviews the application for completeness, and may request additional time to conduct that review. If the staff finds the application incomplete, the applicant may submit the requested additional information until the staff determines the application is complete. This process can sometimes take a few months, given staff workloads and the complexities of individual applications. It is entirely possible that Related/WestPac or other applicants could spend substantial resources developing an application under the existing regulations, and because of the completeness review process that application might not be deemed complete until after January 1, 2009. In this case, Related/WestPac would have to file an entirely new application under the new Land Use Resolution, losing time and wasting both its and the County's resources. Therefore, we respectfully request that in the adoption of a new Land Use Resolution, the County consider adopting some flexibility in the transition between the applicability of the old and new Resolutions. PO Box 357, 818 Colorado Avenue, Suite 3061 Glenwood Springs, CO 81602-0357 Brownstein Hyatt Farber Sehrei:k, 1.1.1' I hhfs.com 970.945.5302 tel 970.384,2360 fax Board of County Commissioners Garfield County, Colorado September 12, 2008 Page 2 Specifically, we request that the Commissioners adopt the new Land Use Resolution with the following operative provisions: 1. If an applicant submits an application under the existing land use Resolution or Subdivision Regulations, and that application is deemed complete before January 1, 2009, the County would process the application under the existing Resolution or Subdivision Regulations. 2. If an applicant submits an application under the existing land use Resolution or Subdivision Regulations, and that application is not deemed complete before January 1, 2009, the application would not be rejected. Rather, the staff will determine completeness based on the new Resolution, the applicant may supplement the application to conform to the new Resolution, and the County will process the application under the new Resolution. 3. Alternatively, an applicant may file an application any time before January 1, 2009, and elect to have that application processed under the new Resolution. In such event, the staff could conduct non-binding pre -application conference and initiate the completeness review process. It would likely be appropriate in such case for the determination of completeness to occur after January 1, 2009, when the new Resolution is actually effective. We appreciate your consideration of this request. We also request that you advise me of your thoughts as soon as you have had a chance to review this proposal, so we can plan our ongoing process of preparing our application. I realize the procedure would not be "official" until adopted by the Commissioners in October, but we are hopeful that a staff recommendation one way or the other along the lines indicated above would give us some information to guide us in the continuing preparation of our application. Sincerely, VL James S. Lochhead Cc: Don DeFord 99001\3\1108879.1