HomeMy WebLinkAbout3.0 Staff Report P.C. 01.13.16Planning Commission, January 13, 2016
Exhibits - GCCI Zone Change
Exhibit
Letter
(A to Z)
Exhibit
A Public Hearing Notice Affidavit, with attachments
B Garfi eld County 2Ol3 Land Use and Development Code, as amended
C Garfi eld County Comprehensive Plan 2030, as amended
D Appl cation
E Staff Report, including Appendices A and B
F Presentation
G Letter dated october 28, 2015 from Balcomb & Green on behalf of the RFWSD
H Letter dated November 2,2015 from Andrew McGregor, City of Glenrvood Springs
I Letter dated october 2J,2015 from Stacy Bernot and Gavin Brook, Carbondale
J Letter dated October 29,2015 from Dan Blankenship, Roaring Fork Transportation
Authority (RFTA)
K Letter dated october 29,2015 from Steve Anthony, vegetation Management
L Letter dated october 24,2015 from Chris Hale, Mountain Cross Engineering
M Email dated November 3, 2015 from Dan Roussin, CDOT
N Letter dated November 4, 2015 from Rick Lofaro, Roaring Fork conservancy
o Letter dated December 3, 2015 from Roy Martayan, Baymar Hotels ancl Properties
P Letter received January 6,2016 from David Dodson
a Letter received January 12,2016 from Dave Malehorn
R Letter received January 12,2Ol6 from Jack Austin
S Email dated January 12,2016 from Terry and Lara Claassen
T Pre-Inclusion Agreement with Roaring Fork Water and Sanitation District
U Applicant Planning Commission Presentation
A
-
Garfield Couln$
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
My application required written/mailed notice to adjacent property owners and mlineral
owners.
,/ Mailed notice was compteted on the 30 day of November , 2015.
,\/ All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [ist] Mineral owner
Research executed by BHFS. Memorandum (updated 9/4/2015) included in submittal package .
I Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
-{ Notice was published on the 3 day of December 2015.
. Please attach proof of publication in the Rifle Citizen Telegram.
Myg
_d
pplication required Posting of Notice.
Notice was posted on the 20 day of November 2015.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
Signature:
Name: Mike Cerbo, Galloway & Co. lnc.
gaft. 1212812015
Postage | - | ,l ,
cerlifiodFoe I 4.,fA i:4U"
R€lutn R€celPl Fee
(Endorsemsnt Requt(BO
Bestricled Deliv€ry Fea
(Endorsoment Required)
Totatpos-^^o'-^^l<| ll
E]rrm
Lrl
trlrn
m
ru
EIcltrl
mJImtll
J
rjllJl
m
ruEErf
Ef,(rtm
:r
E]
r!,
I -.o
t-rl,mlrl
f
11trl
m
ru
EIt=[3
Postag€
Cartified F€e
Ratum Recclpt Foo
(Endorsement Raquirod)
Baslrlcted Delivory Fee
(Endorssmont Roqukod)
Total F^et.^6 r t6"
;ffi-J;;J;,,J*il*d:
DAVE DODSON
PO BOX 248
GLENWOOD SPRINGS, CO 81602'0248
t fiffi
;-t;w
RUDD, \ruAYNE & SUSAN J
132 PARK AVENUE
BASALI CO 81621_9338
TT
!m
lfl
fr{trl
m
ru
EI
E!E
t3
ITtm
Jr{(3r!
rLtmmrn
t
r:|
lJl
m
ru
Ef
Ct
13
E
IT
!m
3'
rq
EIf"
tl
rum
LN
:f
r.n
m
rU
[3E
13
EIr
J
m
!
r:|
EIr-
6t;?aii,q,
or PO 8o,(
ci6i-{tiie,
Po8lago
Certilied Feo
Rsturn Receipt Foe
(Endorsemsnt Requlred)
Reslricted Delivery Feo
(Endorsement Requlrod)
TotalPr-
E]
IT
iJ-m
.f
r{
EIr!
santrc WAECHTLER, DoNALD G & BoNNIE F
r,-r,;t 7916 HIGHWAY 82
"ciy,5r, GLENWOOD SPRINGS, CO 81601-9307
\.----l
RUDC', WAYNE
0132 PARK AVE
BASALT, co 81621
9l
3,-,tA
3e,iT srEELE,w E &v M FAMTLYLLLP
srloriiE, PO BOX 1507
GLENWOOD SPRINGS, CO 81602-1507
DODSON PARTNERSHIP
$irleie'horPok$ PO BOX 249
.citi'ii;i; GLENWOOD SPRINGS, CO 81602-0248
{tri}eTiiA
or PO &Dt
iity, Si;i;
CERiFiTD' nnnr uo R EcEl Pr
Domestto lllail OnlY . ,
13€
pftlmarx
YerocD
.>a-
PostagB
cedified Feo
Postago
Cerlified F€e
Relurn Receipl Fea
(Endo6omanl Required)
Restricted Oelivery Fss
( EndorsomBnt Required)
aa
Pogfta*
Y*
Postage
Ceilliod Fso
Flotum Recalpt Fes
(Endorsement Requirod)
Rostricted Delivery Feo
(EndorsBmsnt Requkad)
Total Pos'
6a
&tmarx
iHeroo
7a*
4e
.-8
iI]=
Poslmark'T6,s
cv?
>o
=a
cor{m
LN
!
r{
IJl
m
ruE'
TfE
cfrjf
m
i
T3rr
r:l
EImlrl
)
r:Itrl
m
ru
EI
E]E
trltr
fm
3'ri
EIn-
,c
Postago
Csttifled Fee
Retum ReceiPt Feo
(EndoE€mont Rsduked)
Restrictod Dellvery Fes
(Endorsement Requked)
Jbtal Pnct5'a t sea
rfl
TT
rutt
f
r-1
Lrl
m
rUEo
Ef
E
TT5'm
t
rq
Efrr
r0
Etr
rurrl
f
11
lJ)
m
ru
EI
T3
EI
EIrfm
trjttfrr
r{rr
rutrl
!
r'lro
m
ruE
cf,E
Ert
m
.f
(3rr
.}
..Eru
tt?
f
r{lfl
m
ruEEE
EIr'!
m
3'r{E
rL
Postags
Csrufiad Feo
Return Hocelpt Fas
(Endorsment Required)
Restricted Delivery Fee
(Endorsment Requlro0
Iot6I Postaoa & FeAs
96trtr-
Sirifrf &'lpr
at PO Box I
ciri,'6iAi;:.
Posiago
Certitied Foe
Betum Racoipt Foo
(Endorsement Reguired)
Restricted Delivsrv Fee
(Endorsement Fequh6d)
Total Po$laoe & Fses
Poslag0
Certlfied Feo
Floturn Eec6ipt F€s
{Endorssment Hequired)
Reslricted Oelivgry Fee
(Endorsement fi equlrod)
Tolal P^-r-*^ 3 r^^^
m;rr6-
Sfn;;iii
ot PA 8t
Uilri;
ROARI NG FORK TRANSPORTATION
AUTHORIW
530 E MAIN STREET
ASPEN, CO 81611
RUDD LIMITED LIABILIW COMPANY
132 PARK AVE
BAS,ALT, CO 81621
\b--l
REYNOLDS, WILLIAM W & SHEPHERD,
JOAN E
1375 WALNUT STREET #10
BOULDER, CO 80302
Postage
Cerlilled Fee
Retum Receipt Feo
(Endorsement Requirod)
Rssblctod Deltuery Fee
(Endorsamffit Required)
Total Posiage & Foos
S-at70-
5tr!}'iEipi
or PO Box I
'Ciyi 6iAi;, '
Poslago
Certliod F€o
Rolum Recsipt Feo
(Efl dorsomsnt Requilod)
Reskictsd O€livery Fea
(Endorsemont Requirod)
Total P^-r.-^ q t^^-
:J/
RE DEVELOPMENT CORP
21 COUNTY ROAD 216
GLENWOOD SPRINGS, CO 81601
Fmrc
t
I Slreel d
lotPOBL--------.
I City, Stak
REINARZ, BERNADETTE F TRUST
1110 COUNTY ROAD ].10
GLENWOOD SPRINGS, CO 81601
Lt3
*l
fl3g-
tsr.
44{i...-{.r
,{
7q-
REINKE, HENRY S
14OO SHELDON DRIVE
ELGIN, IL 60120
:_ .Ll q ,
-3:t1*Po"rraY
n*" ji
--.86
.v f.Yt r. vv $B. Y-vr '. t- "- i.
CERTIFIED MAI1'@ HECEIPT
Domestic Mail OnlY
1
6imtmart
c H"r"
e
U.S. Postal Servicel"
CERTIFIED MAIU@ HECEIPT
Et
:f
rulr)
:,-
rrl
m
ruEE
rf,
Er'!m
3'r{Ers
JI
ru
rU
LN
tr{
t'r1
m
rU
EI
EIa
Eg-t
rn
!
r{Er
ruEru
l.rt
a'r{lrl
m
ru
Ett3
ET
EIrrtm
trlEr-
r-rfl
ru
Ln
f
rl
IJ'
m
ru
cf,E
x3
trl
IT
J
m
t
rjl
trIP
FWffiHffifr&&-sffi
Poskgo
Gortlfled F6o
Reium Recolpt Feo
(Endolsoment Requited)
Reslricl€d Delivery Foo
(Endorc€ment Requked)
Postagg
Corlilisd F€o
B€lum Floc€ipt Foe
(Endorsom€nt Sequlred)
R6strictsd Dellvery Feo
(Endorsoment Rsqulrod)
PERAU, RONALD G
2OO DEER RUN TRAIL
RIFLE, CO 81650
PERKINS, MELVIN L & PHYLLIS M
448 COUNTY ROAD 110
GLENWOOD SPRINGS, CO 81601'9604
Postago
Cartilied Fae
Beturn Recaipi F€6
{Endorsemont Required)
Resfiictsd Delivery.Fes
(Endorsernenl Raqulleo)
Sfr;6iU
orPOg
I Sia
Postaga
Csrtilied Foa
Fletum RscoiPt F€a
(Endorsoment Requked)
Ftostrlcted Delivery Fee
(Endorsem€nt ReqBlred)
a<{
Qostmark(. Hsre
Posiago
Cerliliad Fee
Rotum Bec€iPt Fee
(Endorssmtsnt R€quired)
Reslrict€d Delivery Fee
(Endorsement Roquired)
-St';66i'&4
or PO Bos
'ciry.-ii;i;
Postago
Cortifiad F8o
Return BeceiPi FeB
(Endorsment ReduiI6d)
Restricted Dolivery Fee
(Endors€menl B€qulred)
6o
Pgdmark
TIere
MSLHS PROPERTIES LLC
PO BOX 944
GLENWOOD SPRINGS, CO 81601
s
EN
C
tx'rl
ru
LN
t
r{
LN
m
ru
EfEE
t3
ITtm
3'r:l
E3f-
M&M ENTERPRISES, LLC
133 MARAND RD
GLENWOOD SPRINGS, CO 81601-9325
mm
ru
rJ)
t
r-tt)
m
rUt=EE
[f
TT
fm
ffiffiffifrffit,if&$.-
PAYNE, JOHANNA S & WAYNE S
PO BOX 8198
ASPET\1, CO 81612-8198
o(
Pgstmark
LHera
)'\*
MANSFIELD, LINDA L & MICHAEL L
P O BOX 2508
GLENWOOD SPRINGS, CO 81602
)dad-
.Jq
\a
frtt3r-
CEHTIFIED
0omesttc llail
i''rI
eo$rpltt
ilerd
ot PA Bt
'CW-ii;
> ,('= /.7
(r
6r{
LN
trltl
m
ru
EfEt3
Er
Jm
t
r{o
n-
J]
TTrttr}
.:r
r{
LN
m
ru
trlBE
E]
TTf
m
3'r{[:r*I
rurrrlrrl
?
rqtrl
m
rUE
EI[:
Elr
fm
jf
rjlct
rr.
Lfl
JIrl
Lrl
J
rfl
m
ru
c3EE
EI
TT
f
m
f
r{
trIrr
€
LN
r{ul
3r{tr|
m
ruE
EIB
cf
n-3'm
tr{
Efrr
r{
.f
r{tl
f
r{L'
m
ru
E(f,
E[r
fm
5-
14Er-
Poslags
Cerlili8d Feo
Hetum Rac€iPt-Feo
(Endorsament Requlreo,
,P"*1',9"3"ff[!"&rl&i
Foslago
Certified Fee
Rslurn RecoiDt Feo(Endorsement Redulreo
Reskicted Deliverv Fea(Endorsem€nt R?qLk6d)
Postage
Csrtilied Feo
Rslurn Fl€ceipt Fes
(Endorsement Requkoo
Restricted Delivary Fee
(EndorsBmont Roqukod)
trr \z\
o \t-N \(:e i('(': PosrnJi> xeli?
6ifi;6i
ot PO'€w3
;rr,r7
JSWLAW REI LLC
PO BOX l'800
GLENWOOD SPRINGS, CO 81602
16 \\_\,o\
N
Eatrnar* icrHera I
>/
=y'*3
Total -
w6t_
I Slrm, &,
lorPOBct.--------,
I Crty, Slal
Iffi"
Tolal -
bJa
J"tu
;r,?q-
H LAZY F, LLC
PO BOX 185
CARBONDALE, CO 81623
Posiago
Cettitiod Feo
Rotum Becslpl F€e
(Endorsment Requkod)
Restricted Dalivsry Fee
(Endors€msnt Required)
Total F
Postage
Certifsd Fee
RetuIn Receipt Feo
(Endorsemeni Requir€d)
Flaslricted Dolivery Feg
(Endorsement Requked)
'Jbtal Post.^6 r sa6E
34rl ,i:
--6t'7+\:/
q
Postago
Certified Fes
Return Rec€ipl Feo
(Endorsemmt Bequired)
Rasklc,led Dglivery Feo
{Endorsemsnt Roquked)
TOtal Poelnna .c Faos
r*
I Slreet I
lor POt
Iear;,;s;
Effi^
;*.Zf
HABITAT FOR HUMANITY ROARING
FCIRK VALLEY
7025 HWY 82 BOX 2
cARBOt\lDALE, CO 81623
brfi*
K{LLLLC
108 CROWN N[4OUNTAIN DRIVE
BASALT', CO 81521
s
:Podmark
:a Horo
HERRING FAMILY PARTNERSHIP, LLLP
31825 HIGHWAY 6
stLT, CO 91652
-Sirb:,;i ii
or POE
citlr dit
HOWE, JOHN J & HEATHER D
552 COL'NW ROAD 110
GLENWOOD SPRINGS, CO 81601
CEiinFleb urruu' REcElPr
Domestic Mail OntY
rt)
ON
t;
dPostmark
r.- Hore>-
=/
tt1 \
O
?ostrnakcilere
Cr.,
>Ot
:f
m
rjlrrl
:f
riu,
m
ru
EI
E]trl
E:]Ir
:f
m
f,
rjtEr-
r-ru
r{rrl
f
r-1trl
rn
rut3r:ltf
Tftr
fm
:r-
r{
E3r!
rtt
O
t3
rqr{rrl
5.r{ut
m
ruclE
cf,
EIrr
.f,m
t
rq
EIr!
mE
tl
t
r-l
LN
m
ruE't3E
cfrr
Jm
t
Err
,tf
EO,tf
tl
f
rjl
rJl
m
ru
c3
EI
c3
[3trt
m
:rr{tfrt
rr
TT
EItrl
fr-lrft
m
rUEE
EI
13lrtm
!
rjl
[3r-
Postage
Cettiri6d Feo
Flelurn Flecaipt Feo
(Endolsoment Reguited)
Hesaktod Delfudry F6e
(Endorsement Requlred)
lbtal P^J^-^ o E^^-
I<2<{
Pdtmark
t6r€
=Ci
n..reet (
orPOl
c;ti si
Postaoe
Certilied Feo
Rotum Recelpt Fe€
(EndorsemBnt RBquired)
Restrictod 0€livery F66
(Endorsemsnt Required)
Tolel P^da^6 I FGos
Posiaq6
CortifiEd Fes
Rotum Beceipt Feo
(Endorsement Requkeo
Restric{ed Delivery Fee
(Endorsment Roquked)
Total Post6'6 a traae
GLENWOOD REAL ESTATE
INVESTMENT, LLC
PO BOX 2607
GRAND JUNCTION, CO 81502
- Postmilkc Here
Cr.
Z
ffiffiffi$ffi$,fle&- MSffi
ffiffiflffi$dhL
Postago
Cefitod Fee
R6tum Recoipt F6e
(Endorsem6nt Raquhed)
Fost icted D€liv€ry Fee
(Endorsoment RGqukod)
Tolal P^ale,a i FDa.
Poslago
Certiriod F6o
Return Bmeipt Fee
(Endotsoment Requhed)
Bestrlcted Deliv€ry Foo
(Endor*mont Requlred)
Total Postp,a .* Faa!
Postaga
$,iT; BUREAU OF LAND
s1,;:o;;; COLORADO RIVEIR VALLEY FIELD OFFICE
arPAE 12nrl Dr\rrD rDnirrA-r DnA^23OO RIVER FRONTAGE ROAD
I
GREMEL HOLDINGS, LLC
PO BOX 557
EMERY, UT 84522
l,;ff*pfiffi$&,t &,ryffiffi
LO
cf)
o-
DAVID DODSON
PO BOX 248
GLENWOOD SPRINGS, CO 81602-0248
Dtf,DSON LLLP
F,O BOX 248
GLENWOOD SPRINGS, CO 81602-0248 '
ffiffi$#frffim-&t ffiffiffi
Cerlitied Fa6
Return Recelpt Fse
(Endtrsament Rsquked)
Resficted Dellverv Fes
(Endorsemont Reqi,lrod)
Total Pdst^oA & Fcds I $
8626 COUNTY ROAD 30L
PARACHUTE, CO 81"635 citv,"iiz
stLT, co 81652 @
CERTTFIED MAU-@ RECEIPT
Dontestic Mail Onlv I
' U.S,,Postal Servicel^'
CERTIFIED MAIL@ RECEIPT
\,fr?
mrrE
Lrl
fr{rrl
rn
ru
T3
CI
EI
[3tr5.m
3'r{Er!
g1
<9+
ct'
7
JIJ'
T3
Lrl
fr{
lll
m
ruEt3E
Eftr:f
m
jf
Ef,r!
Postage
Cortitied Fee
Retum Rec€ipt Feo
(Endorsemont Requlred)
Rsstricted Dellvery Fee
{EndoGemenl Bequired)
Sir;6itiA
ar PO 8a)
city.'giiii
Postsge
Certitied Fes
R6tuln ReceiPt Fea
(Endotsment Requked)
B€stricted Dellvery Fee
(Endorcemant Rsquttod)
Poslmalk
Hs16
BARNETT-FYRWALD HOLDINGS, INC.,
c/o RoBrN FERGUSON
2222COTTONDALE LN STE 2OO
LITTLE ROCK, AR 7 22O2.20L7
Poslage
Certitied Fee
Retum Recolpt Fso
(Endorsement Requksd)
R6stricled Dslivory Feo
(Endors6msnt Fequirod)
Tolal P^.io^a * Faac
Poslage
C€rtlfiad Fs6
Fl6tum Rec€ipt Fss
(Endorsement Requlred)
Reslrlctod Deltuery Fso
(Endorssmont Requkod)
Total P^d6^6 s t66o
ru
JErn
:f
l{
Lr,
m
ru
T3tf,
EI
E
TT:r
m
!
rlt3rr
itrrd
orP
cii),
ASPEN EQUITY GROUP LLC
PO BOX 1439
CARBONDALE, CO 81623
€<{
C?.
Pggtnark
Sre
Eiie:'6i,
orPOl
city, s,
lrrrltfrn
!
LN
m
ru
E]cfc,
r:l
ITa'm
'3.
lrAicfr!
ln
c*
B P INVE]STMENTS, LLC
855 ROSE LANE
CARBONDIALE, CO 81623
rrit3
trf,
f
r:l
Lf,
m
rucf
E3E
trl
TT
.:rm
tr{
E]f-
Postags
Cerlilied Fee
Retum Rec€ipt F€6
(Endorsemenl Requked)
Roskicted Dslivery Fee
(Endorsameot Roqulred)
5ti,iifA;i
ar PO Box
e,lrb6i;
AMERIGAS PROPANE LP
460 NORTH GULPH ROAD
KING OF PRUSSIA, PA 19406
t)
aF
cf.
=
BAYMAR HOTELS & PROPERTIES INC
1111 KANE CONCORSE #211
BAY HARBOR I]SLANDS, FL 33154
ffirdxffififfifi&L e$
atl
a=
Posknailf
H6ra c'
C7
Postmark
Hera
,u.li,'rosrallervlce'
0ERTIFIED MAI[@ RECEIPT
Domestic Mail OnlY i:
U.S. Postal Servicq'"'
CERTIFIED MAIL@ RECEIPT
Ga rfield Cou nty Com mercia I lnvestments
Public Posting #L
November 20,2OL5
Location DescriPtion:
Picture taken from Highway 82 Right-of-Way.
The old restaurant is in the background.
Garfield County Commercial lnvestments
Public Postin e #I
November 25,20L5
Location DescriPtion :
Picture taken from HighwaY 82 Right-of-Way'
The old restaurant is in the background'
Garfield County Commercial lnvestments
Public Posting #1
November 30, 2OI5
Location DescriPtion:
Picture taken from HighwaY 82 Right-of-Way'
The old restaurant is in the background'
Garfield County Commercial lnvestments
Public Posting #L
December 6, 2OL5
Location DescriPtion:
Picture taken from Highway 82 Right-of-Way.
The old restaurant is in the background.
Garfield County Commercial Investments
Public Posting #1.
December I0,2015
Location DescriPtion:
Picture taken from HighwaY 82 Right-of-Way.
The old restaurant is in the background.
Garfield County Commercial lnvestments
Public Posting #I
December L7,2OL5
Location DescriPtion:
Picture taken from HighwaY 82 Right-of-Way.
The old restaurant is in the background.
Garfield County Commercial lnvestments
Public Posting #L
December 26,2OL5
Location DescriPtion:
Picture taken from HighwaY 82 Right-of-Way.
The old restaurant is in the background.
Garfield County Commercial lnvestments
Public Posting #2
November 20,2OL5
Location DescriPtion:
Just north of the Cattle Creek.
Garfield County Commercial lnvestments
Public Posti ng #2
November 25,20L5
Location DescriPtion:
Just north of the Cattle Creek access gate'
Garfield County Commercial lnvestments
Public Posti ng #2
November 30, 2OL5
Location DescriPtion:
Just north of the Cattle Creek access gate'
Garfield County Commercial lnvestments
Public Posting #2
December 10, 2OL5
Location DescriPtion:
Just north of the Cattle Creek access gate'
Garfield County Commercial lnvestments
Public Posting #2
December L7,2OL5
Location DescriPtion:
Just north of the Cattle Creek access gate.
Garfield County Commercial lnvestments
Public Posting #2
December 26,20L5
Location DescriPtion:
Just north of the Cattle Creek access gate.
Garfield County Commercial lnvestments
Public Posting #3
November 25,20L5
Location DescriPtion :
50 feet east of Rio Grande Trail and 300 feet
north of the Cattle Creek Access Road'
Garfield County Commercial lnvestments
Public Posting #3
November 30, 20L5
Location DescriPtion:
50 feet east of Rio Grande Trail and 300 feet
north of the Cattle Creek Access Road.
Garfield County Commercial lnvestments
Public Posting #3
December 6,2015
Location DescriPtion :
50 feet east of Rio Grande Trail and 300 feet
north of the Cattle Creek Access Road'
Garfield County Commercial lnvestments
Public Posting #3
December LO,2OI5
Location DescriPtion :
50 feet east of Rio Grande Trail and 300 feet
north of the Cattle Creek Access Road.
Garfield county commercial lnvestments
Public Posting #3
December 17,2OL5
Locatio n De sc ri Ptio n :
50 feet east of Rio Grande Trail and 300 feet
north of the Cattle Creek Access Road'
Garfield County Commercial lnvestments
Public Posting #3
December 26,20L5
Location DescriPtion:
50 feet east of Rio Grande Trail and 300 feet
north of the Cattle Creek Access Road'
Pamela J. Schultz, Notary Public
My Commission expires:
November 1,2019
Ad Name= 117255374
Customer: Galloway
Your account number isz 2582448
PROOF OF PUBLICATION
T'Hfl. &[F'LI.
SITIZEJJ T'f,Lf,@RANA
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly swear that I am
Publisher of The Rifle Citizen klegram, that the
same weekly newspaper printed, in whole or in part
and published in the County of Garfield, State of
Colorado, and has a general circulation therein; that
said newspaper has been published continuously
and uninterruptedly in said County of Garfield for
a period of more than fifty-two consecutive weeks
next prior to the first publication of the annexed legal
notice or advertisement; that said newspaper has been
to the United States mails as a periodical
under the provisions of the Act of March 3, 7879, or
any amendments thereof, and that said newspaper is a
weekly newspaper duly qualified for publishing legal
notices and advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
l2l3l2}l5 and that the last publication of said notice
was dated l2l3l20l5 the issue of said newspaper.
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 15.
PAME.LA J, SCHULTZ
NOTARY PUELiC
STATE OF COLORADO
NOIAfiY lD #19994030873
Cotri&iih E{FG! Notr${. t, 201 9
PUBLIC NOTICE
TAKE NOTICE that Ted Skokos of Garfield Coun-
tv Commercial lnvestmenls LLC has applied to the
Plannino Commission, Garfield County. stale ot
Coloradi. to request a Flezoning: Map Amend-
ment ol the Garfreld County 201 3 Land Use and
Develooment Code, as amended, in connectron
with lhe lollowing descrlbed property situated in lhe
County of Garlield, State of Coloradoi to-wit:
Leoal DescriDtion A tract of land srluated in the
so[theasterlV ouarter ol Section '1, Township 7
South. Rano;J tig West. and in Section 7, Town-
shio 7 South: Ranqe 88 West of the Sixth Principal
ti,teridian. Counlvif Garlield, State of Colorado.
being more particiJlarly described as follows:
Beoinnino at a Doint on the westerly right of way
tindol Colorado Stale Highway 82. whence a2 112'
Brass Cap, lound in place, and cotrectly marked as
the southeast corner ol said Section 7. bears S.
63'3'1'48' E. a distance ot 2312.55 feet; thence,
alono the westerlv rioht of wav line of Colorado
stat; Hiohwav 82-N.-06'01'00" W. a distance ol
1467.90 feet: tirence, N. 08"53'00'W. a distance ol
200.30 teet;
N oo'1 8'30' W. a distance ol 201 .00 feet;
N. 06'01'00" W. a distance ol 700.90 feet;
N. 08"52'00" W. a distance of 31 3.00 feet;
thence. 346.52 alono the arc ol a curve to the lelt
havino a radius of 1 620.00 teet, a central angle ol
t O's+'32' and sublending a chord bearing of N.
1 5"58'00' W. a distance ol 346.00 feet;
thence, N. 1 1'08'00'W. a distance of 97.90 feet; .
thence. 250.29 alono the arc of a curve to the left.
havino a radius of 1 640.00 leet. a central angle of
l"l7'3a" and subtendinq a chord bearing ol N
28'19'00'W. a distance o1250.'10 feet;
thence, N. 35"14'00'W. a distance of 122.52IeeI,
thence, N. 89'17'09'W. a distance of 7.98 feet to a
ooint on lhe easterly line of a parcel ol land de-
!cribed in Receotron No. 575283;
thence alonq said easterly Lne S. 35'22'19" E a
distance ol i46 feet to the southeasterly corner of
said oarcel:
then;e alonq the southerly line of said parcel. N.
89"17'09" W. a drstance ol 224.24 feet lo lhe
soulhwesterlv corner of said parcel;
thence, N. 06"00'00' W. a distance of 0.68 teet:
thence, N. 89'30'08' N. a distance of 0.71 ,eet;
thence, N.00"20'09'E. a distance of 0.49 feet to
the southeasterly corner of a parcel of land
described in FleceDtion No. 603760;
thence along lhe southerly line of sard parcel the
followino three courses:
1) N. 89-'44'57' W. a dislance of 0.99 feet:
zi N. go'gt'as'w. a distance of 65.06 leel:
gi ru. ao'+z'tt'w. a distance ol 65.63 feet to lhe
southwesterlv co.ner of said parcel;
thence, N. A6'az't t' W. a drstance ol 52 73,eet;
thence, N.89'36'12'W. a distance of292.61 feet;
thence, N. 89"43'30" W. a distance ot '100.90 leet
to a ooint on the easterly right of way line ot the
Roaring Fork Transit Authority Transportation
Corridor Easement;
thence, alonq said easterly right ot way line S
19 38'52' E. idistance of 3829.47 feet;
thence. 79.82 alonq the arc ol a curve to lhe rlghl
havino a radius ol 291 5.Oo feet, a central angle of
1"34'68'and subtending a chord bearing ot S.
't8"51"48' E. a distance of 79.82 feet;
thence, departing said easterly right of way line N.
89"59'59' E. a dislance of 73.94 teet to a pornt oi
the westerlv rioht ol wav line of Colorado Slate
Highway 82,'als; being th'e point ol beginning
County of Garlield, State ol Colorado
PracticalDescriotionWest side ol SH 82
adiacent to the Firvers Edoe PUD between CFI 1 14
(Civlo Road) and CR 1 1 3 Icatlle Creek Road)
in" reor"ii to, the la"nd use req-uest. ThiS
aoolicaiion mav be reviewed at the office of the
P'linnino Deoa'rtment localed at 108 8lh Street,
Suite 40j, Gdrtield County Administration Building
Glenwood Springs, Colorado, between the hours of
8:30 a.m. and 5:00 p.m., Monday through Friday.
A public hearing on the application has been
scheduled lor Wbdnesdav Januarv 13. 2016 at
5:oO D.m. in the Countv Commissroners Hearlng
RoofrlGarf ieto Countv Administration Building.
Suite 1OO, 108 8th Stieet, Glenwood Springs,
Colorado.
Planning Department
Garlield Countv
Published in tie Citizen Telegram Oecember 3.
2015. (11725537)
rn witness whereol. I have here_urtoplmy hand this iir?H1fli%""#iy;fi',!#"di;I"""R",j;,i$i;12t01/2015. 4ffi4 il"B""tfi1'"if".,,""1,?JJ?3:;"J"""?"j#"i,""8 i,l,J:l
Requesl Description Applicant requests lhat a
43.2s-acte propertv be rezoned trom Hesrdenllal
views, endorsements or objections lf you cannot
Michael Bennett, Publisher
views, endorsements or objections ll you
appear personally at such meeting, then \appear personally at such meeting. then you are
uided to state voLir views by letter. as the Planning
C6mmission'will give consideration to thegiv.e ionsideration to th
comments of surroinding property owners and
others affected in deciding whether to grant or denyothers affected in deciding t6 grant or deny
TYPE OF REVIEW
APPLTCANT (OWNER)
REPRESENTATIVE
LOCATION
ACRES
EXISTING ZONING
PROPOSED ZONING
COMPREHENSIVE PLAN
Planning Commission
JanuarY 13,2OtG
GCCI, LLC - ZDAA8388
Zone District Amendment
Garfield County Commercial lnvestment, LLC
Mike Cerbo, GallowaY & ComPanY, lnc';
Brownstein HYatt Farber Schrek
West side of SH 82 north of Cattle Creek Road (CR
113) between the Rio Grande Trail and SH 82
43.25-acres
ResidentialSuburban
Commercial General
Residential High Density, Unincorporated
Community, Water and Sewer District
Garfield county commercial lnvestments, LLC (GCcl), a subsidiary of carbondale lnvestments, LLC (cl)
requests a zone change on a 43.25-acre parcel on the west side of SH 82 between CR 113 and CR 114'
The official Zone District Map of Garfield county designates the parcel as Residential Suburban and the
Applicant seeks to rezone the site to Commercial General (CG)'
Historv
This 43.25-acre parcel has been the subject of numerous land use actions
when it was part of larger 159.161- acre property known as sanders Ranch
PUD/Bair Chase and the Cattle Creek Colorado development proposals' ln
2008 the Board of county commissioners rezoned that portion of the
sanders Ranch PUD that was outside of the conservation easement areas
to Residential Suburban, Resolution No. 2008-112'
ln 2011 the owner, carbondale lnvestments, LLC, divided the overall
159.161-acre property into four parcels, two of those parcels were
approved as the River Edge PUD for 366 residential units as shown left.
The subject site is adjacent to the River Edge PUD, but not included in the
zoning or entitlements associated with that PUD development. The Rio
Grande Trail physically separates the two projects'
l-
Or
fi LLI
llPage
PROJECT INFORMATION AND STAFF COMMENTS
DESCRIPTION OF THE PROPOSAL
Planning Commission
JanuarY !3,2016
GCCI, LLC _ ZDAA8388
currently the 43.25-acre site could develop the suburban dimensions, uses, and density which would
permit a maximum of 94 residential lots based upon the minimum lot size required in the suburban zone
(2O,O0O square feet). Those lots could cover (rooftops and pavement/impervious surface) 21'6-acres of
the site with a maximum of g41,gg5 square feet of froor area within the 25 foot height restriction (two
stories).
lf rezoned to cG the permitted dimensions would allow up to 251 lots (minimum lot size 7'500 square
feet) to be used for commercial or residential use. lf commercial uses were proposed on the overall site
impervious cover maximum (rooftops and pavement) would be 36'8-acres of the site with a maximum of
941,985 square feet of floor area within the 40 foot height restriction (four stories)'
Appendix A includes photographs of the subject property and existing uses within the defined
unincorporated community area. Appendix B contains photographs of various large scale commercial
developments including the Meadows and willits Town center. The photos may be used as a comparison
regarding acreage and potential square footage on the subject site'
The complete Use Table - Table 3-403 of the LUDc, is included as Appendix c of this report'
Agriculture
Building or Structure Necessary to Agricultural Operations
Forestry
Riding Stable
Manufactured Home Park
Group Home Facilities
lnjection Well, Piped/lnjection Well, Small/lnjection Well' Large
Single FamilY Dwelling
Home Office/Business
Foster Home
2lPage
Commerciat General (ProPosed)Residential Suburban (existing)
7,500 square feet
Commercial85%Maximum Lot cover
Non-comme rcialT5%
25 Feet
Products, Processing, Storage Distribution and Sale at Point of Production
zq$rysrRlcT usEs AND DIMENSIONS
Planning Commission
JanuarY 13,20L6
GCCI, LLC - ZDAA8388
Small EmploYee Housing FacilitY
Family Child Care Home
Pa rk
U ltra-Light Aircraft OPeration
Trail, Trailhead, Road
O&G Drilling and Production
CommunitY Meeting FacilitY
Library
Professional Office
Nursery/Greenhouse
Retail - General
Retail - Equipment, Machinery, Lumber Yards
Retail - Vehicle and Equipment Sales
Theater - lndoor
Recreation - lndoor
Eating or Drinking Establishment
Cabinet Making, Wood & MetalWorking, Machining' Welding
General Service Establishment
Laundromat
Vehicle Repair, aody/eaint or Upholstery Shop
Lodging Facilities
North: Commercial (vacant restaurant, Fyrwald Parcel)
South: Conservation Easement and Residential'
East: Service commercial and lnstitutional uses on the east
side of SH 82 including the Road & Bridge Facility'
West: Vacant - Vacant Residential (River Edge PUD)'
Adjacent zoning includes Rural, Planned Unit
Development, CL and CG, as shown on the map, right'
Remote Fracking FacilitY
Utility Distribution Lines
Neighborhood Substation
Utility Distribution FacilitY
AccessorY Building or Structure
Fence, hedge, wall
Storage/Mini-Storage
Storage - Cold Storage Plants
Recycling Collection Center
Solar EnergY SYstem, Small
Referral comments were received from the following agencies:
colorado Department of Transportation. Exhibit M - Dan Roussin responded to the request for comments
that they had no comments on the request to rezone the site but that should the property become
3lPage
Planning Commission
JanuarY t3,2Ot6
GCCI, LLC - ZDAA8388
e site which would be shared with the adjacent
River Edge property. Further that there does not appear to be sufficient highway infrastructure to support
the commercial zoning requested.
Roaring Fork Water and Sanitation District, Exhibit G - Scott Grosscup of Balcomb & Green, P'C'
responded on behalf of the Roaring Fork Water and Sanitation District (RFWSD) and its engineers that the
GCCI property is located within the RFWSD service area boundary; however the property has not yet been
included within the District. A pre-lnclusion Agreement with Carbondale lnvestments, LLC (Cl), owners of
the properties to the west of the site, has been recorded which sets the terms and conditions of inclusion
of the properties (including GCC|)within the boundaries of the district whereupon RFWSD would agree to
provide water and sanitary sewer service to the properties'
Terms of the Agreement include paying for and constructing certain infrastructure necessary to provide
service to the properties. This includes the following improvements which would be the responsibility of
Cl or GCCI, whichever developed first:
1. Extension of water lines from RFWSD existing infrastructure and/or construction of a surface
water treatment Plant;
2. Developing infrastructure necessary to provide sanitary sewer service;
3. Expansion of the RFWSD sewer treatment plant;
Specific development of the GCCI property was not contemplated at the time of the agreement and
instead 375 EQRs were dedicated for potential development based upon the exiting suburban zoning'
RFWSD is unable at this time to determine if the infrastructure contemplated by the Pre-lnclusion
Agreement would be sufficient to meet future development on the re-zoned property'
Other Comments include:
o The type of commercial development can impact wastewater treatment operations'
Permitting, design, construction and acquisition of the property necessary to construct required
facilities can take several years'
off-site infrastructure required for service to the property will impact the cR 113, Cattle Creek
Road intersection with SH 82. Coordination must occur between GCCI, Cl, RFWSD and the County
on timing of improvements to coincide with intersection improvements'
The provision of water and sanitation to this site could allow adjacent parcels to be served by the District'
Town of carbondale, Exhibit | - on behalf of the Town of carbondale Board of Trustees and Planning and
Zoning commission stacey Bernot, Mayor and Gavin Brook, chairman of the Planning and Zoning
Commission, responded to the referral with concerns related to the vagueness of the application and the
fact that details are not provided regarding the intended commercial use of the property' The Town
4lPage
Planning Commission
JanuarY 1'3,20'J-G
GCCI, LLC _ ZDAA8388
itted by the CG zone district and questions
the proposal's compliance with the County's adopted Comprehensive Plan and rezoning criteria'
The comprehenslve Plan elements cited as not in general conformance with the proposal include the
Unincorporated community description which states that neighborhood centers to primarily serve their
own population are appropriate - the rezoning of over 43 acres could allow uses that go beyond serving
the existing and potential residential units surrounding the GCCI property' The applicability of Rural
Employment center ls also questioned as it states that incidental retail sales are appropriate yet the parcel
would allow much more square footage than what is envisioned in this designation'
The town questions whether the proposal meets the rezoning criteria, particularly whether the
development would result in an orderly and logical development pattern, whether the area has changed
to the degree that the new use is necessary and serves the public interest, and the application has not
demonstrated a community need for the proposed commercial use'
Additionally, carbondale is concerned with potential loss of sales tax revenue if proposed commercial
uses at this site would compete with commercial uses in the incorporated area, particularly since the sales
tax rate would be significantly less in unlncorporated Garfield county' The town cites a comprehensive
Plan policy that states that "...the county will discourage commercial development in the unincorporated
areas that would significantly reduce sales tax revenues in incorporated municipalities'"
The Town requests that the county Commissioners deny the rezoning for the above reasons'
Citv of Glenwood Sprines, Exhibit H - The City cites concerns with the proposal satisfying the rezoning
criteria in the county regulations:
1. Logical and orderly development pattern - An inventory of commercial uses currently exists in this
corridor of SH g2, some of which is vacant. The City questions the neglected condition of the property
and states that it is not good land use practice to create large tracts of commercially zoned property when
an inventory currently exists as this may pull existing commercial uses from neighboring cities and towns
resulting in a loss of sales tax revenues to the incorporated communities'
2. The area has changed and it is in the public interest to encourage a new use or density - The city states
that circumstances have not changed as this and adjoining property have previously obtained
entitlements over the last 15 to 20 years, yet no development has occurred' The neighborhood and
unincorporated community do not support the demand based upon vacant commercial properties in the
a rea.
3. Rezoning addresses a demonstrated community need -The city responded that the Applicant has not
adequately addressed the community need for this magnitude of commercial rezoning; no statistical
evidence supports this request. The proposal does not comply with the county's adopted comprehensive
plan as the project is intended to "...benefit the county as a whole'" and that sales tax leakage will have a
negative effect on surrounding communities'
5lPage
Planning Commission
JanuarY 13,2OLG
GCCI, LLC _ ZDAA8388
that the application is inconsistent
with the future land uses designation as this neighborhood cannot support the additional square footage
permissibre by the zone district. The demand for new commerciar deveropment in the Roaring Fork Valley
is doubtful; instead this development would draw existing businesses out of incorporated cities and
towns.
Transportation lssues were also identified due to the distance to a RFTA transit stop and issues related
to sH 82. Further, based upon assertions in the application, the commercial development could result in
a doubling of existing traffic volumes resulting in the potential for 36,450 vehicles trips on a saturday'
The city's Planning and Zoning commission endorses these comments' The city recommends that the
application be denied'
Roaring Fork conservancv. Exhibit N - Rick Lofaro, Executive Director, commented that the Roaring Fork
conservancy (RFc) administers the cattre creek conservation Easement as weil as the adjacent Heron
point conservation Easement. RFC has concerns regarding potential effects of commercial development
on the nearby conservation easements as well as cattle creek and the Roaring River' RFC is currently
working on a study of water quality in cattle creek and the increase in impermeable surfaces can increase
runoff and erosion which leads to concerns about potential pollutants reaching the waterways'
other potential impacts include increased light pollution and traffic as they may impact the easements
which provide important habitat for blue heron and elk in the riparian corridor'
TheConservancyrequeststhatiftheapplicationisapprovedthatitbecontingentontheApplicant
working in cooperation with the Conservancy to ensure that the conservation values of the easement and
the ecological integrity of the surrounding area be upheld'
Vegetation Manaeement, Exhibit K - steve Anthony noted that the subject parcer had been heavily
infested with scotch thistle and that the noxious weeds were treated during the 2015 growing season'
MountaincrossEngineering,ExhibitL-ChrisHalerespondedthatcommentscouldnotbeprovidedas
the zone change does not include information related to site planning' grading' drainage' traffic' access
and/or other improvements for the site'
The 2013 Land Use and Development code, as amended (LUDC) contains regulations regarding rezoning
of property within the County in Section 4-!13 C, Review Criteria
An application for rezoning shall demonstrate with substantial evidence that an error exists in the
OfficialZoneDistrictMap,ormeetthefollowingcriteria:
6lPage
APPLICABLE REGU LATIONS
Planning Commission
January 13,201'6
GCCI, LLC - ZDAA8388
1.
2.
3.
4.
fh. proposed rezoning would result in a logical and orderly development pattern
and would not constitute spot zoning;
The area to which the proposed rezoning would apply has changed or is changing
to such a degree that it is in the public interest to encourage a new use or density
in the area;
The proposed rezoning addresses a demonstrated community need with respect
to facilities, services, or housing; and
The proposed rezoning is in general conformance with the Comprehensive Plan
and in compliance with any applicable intergovernmental agreement.
A. General - A rezoning request, if approved, would allow the site any by-right use permitted within the
CG zone, as well as the maximum dimensional allowances of the zone district. lf the rezoning is
approved there would be no further review of the development by the County Planning Department,
other than application for building permits. Conditions of approval are not applicable to a rezoning
to a standard zone district in the County.
Site planning or a determination of potential uses on the site has not been discussed as it is not a
requirement of a request to rezone to a standard County zone district. This information would be
required if the Applicant was requesting a PUD or a Land Use Change Permit. The CG zone offers a
wide variety of uses, some of which the Comprehensive Plan may support at this location, however
many other uses by-right are not within the scope of the unincorporated community designation'
Those CG uses by-right not supported by the Comprehensive Plan include any uses that would be
termed regional (the Roaring Fork Valley) or light industrial in nature, as the intent of the
unincorporated community is not to draw outside populations, as quoted from the Comprehensive
plan - ,,Self-contained subdivisions that contain town and neighborhood centers primarily to serve
their own populations. Their infrastructure and certain governmental functions are provided by one
or more special districts." ln this case the residential community consists of the River Edge PUD
(undeveloped), the residences on Coryell Road, and both the H Lazy F and Mountain Meadows Mobile
Home parks. Regional retail, such as big-box stores, offices, and many other CG allowed uses would
not be in general conformity with the Comprehensive Plan designation at this location. The County
does not have the ability to limit, or conditionally approve specific by-right uses within the CG zone.
Size and Scope of Proiect - Once the site is zoned as CG there are no use or dimensional restrictions
nor requirements - other than those permitted within the CG zoning regulations. The result could be
a development approaching the size and scope of Glenwood Meadows or a development that is more
than twice the size of willits Town center, without site plan review.
TlPage
Planning Commission
January 13,2016
GCCI, LLC - ZDAA8388
Staff provtdes photogr"phs of existing commercial developments in Appendix B of this report.
Commercialsquare footage and acreage of these existing facilities is provided in the charts below to
aid in understanding the scale of the commercial uses at these existing developments. Visualizing the
potential scale of development at the subject site is critical in determining the appropriateness of the
requested zone district.
The Applicant has not provided details of what may be developed at the site, however this information
is not applicable to the current review as, once rezoned, the site is only required to comply with the
use and dimensional standards contained in the LUDC'
Since no details of the site were provided staff conducted a comparison of some existing commercial
sites to be used as reference for size and scale of potential new development'
City of Glenwood Springs Square Feet Acreage
City Market 47,337 4.1.9
Wal-Mart 116,815 5.77
Rite Aid 26,412 2.1
Source: City of Glenwood Springs
ln reviewing the Glenwood Meadows project in Glenwood Springs it appears that a significant portion
of that development (from Petco and Wells Fargo on the east end, to Chili's on the south, to the west
end at Lowe's, Target and Sports Authority on the north) is on approximately the same land area as is
proposed for the rezoning. Commercial square footage and parcel size at the development is provided
below:
Source: City of Glenwood Springs
Note: Staff has only included that development that 'fits' within the approximate size site as the
parcelfor rezoning
Willits Town Center
Located within the Town of Basalt, this mixed use development includes allowance for a maximum of
5OO,OOO square feet of commercial space on approximately 15 acres. The commercial development
The Meadows Square Footage Acreage
Lowes 128,230 12.411
Target 124,900 10.613
Vitamin Cottage 10,000 1.485
Pier UBB&B/Petco 8L,41,6 8.401
Market Street 40,515 4.853
chili's 6,3L2 .96
Wells Fargo 5,000 .563
Subtotal 396,373 40.821 acres
8lPage
Planning Commission
JanuarY 'J'3,2076
GCCI, LLC - ZDAA8388
d miscellaneous retail including
restaurants, clothing stores, kitchen store and hair salons. A hotel is currently under construction'
The project manager stated that constructed commercial space is about 150'000 square feet'
approximately 1/3 of which is currently vacant'
Tree Farm - Ace Lane
Eagle county is currently reviewing a development proposed located on the east side of sH 82' across
from willits Town center. The Tree Farm development is proposing 400 dwelling units and 135'000
square feet of commercial space'
PUD Zoning Process
It is important to note that both the Meadows and willits Town center had gone through a PUD
process that allowed the municipalities to determine the appropriateness of the scale' elevations' and
uses on the site. That process also resulted in open space, housing and other public amenities -
incruding the Grenwood springs Community center. No amenities are associated with this rezoning
application,norcantheyberequiredthroughthisrezoninSprocess.
lf the county would like to retain the ability to determine the appropriate uses and scale of
development on this parcel then the request to rezone the site to cG should be denied'
B. Review Criteria - Section 4-1"13 C'
t, The proposed rezoning would result in a logical and orderly development pattern and would
not constitute spot zoning'
Comment: The Applicant has not adequately demonstrated that the proposed rezoning would
result in a logical and orderly development pattern. A logical and orderly development pattern is
a coherent, consistent and ordered pattern of development' The existing commercial zoning and
uses that currently exist between cR L14 (Spring Valley Road) and cR 113 (Cattle Creek) contain
aVarietyofusesrangingfromcontractor,soffices,CNGsales,lumbeIffi
yard, restaurants, gas station, the Habitat Restore' and limited retail
uses. The Rural Employment Center asterisk, that the Applicant states
isapplicabletothisland,identifies,smallareasadjacenttomajor
roadways that allow light industrial, manufacturing' equipment
Storage and incidental retail sales., This asterisk is located at the
intersection of cattle creek and sH 82 in response to the existing uses
and staff does not believe this is intended to represent a preference
for application of this designation along the surrounding SH 82
corridor. Continuation of this wide variety of uses on the subject site
could occur with the proposed CG zoning and would not result in a
logical or orderly development pattern in the area'
The existence of adjacent commercial zoning is one factor the
Applicant has utilized in determining the appropriateness of additional
9lPage
Planning Commission
January 13,201-6
GCCI, LLC - ZDAA8388
hecontinuationofcommercialusesisdeterminedbymorethan
just the existence of adjacent commercial zoning.
The proposed rezoning would not constitute spot zoning as adjacent parcels are currently zoned
commercial. Spot zoning is defined as applying zoning to a specific parcel or parcels of land that
exist within a larger zoned area. The parcels immediately north of the subject site are zoned
Commercial General - the former location of the Sopris restaurant, and the Fyrwald Exemption
which contains four (4) commercially zoned lots - two of which are vacant and one which is the
siteoftheHabitatRestore. Seemap,aboveright-orangeisCGzoningandbrownisCL.
Z. The area to which the proposed rezoning would apply has changed or is changing to such a
degree that it is in the public interest to encourage a new use or density in the area.
Comment: The area has not undergone significant change since the subject site was rezoned from
Sanders Ranch PUD to Residentlal Suburban in 2008. That rezoning occurred at the request of
the Board of County Commissioners due to a prior proposal on the site failing to commence
development.
The Applicant has not demonstrated that a new use or density in the area is in the public interest
as no analysis or data has been provided regarding the need for additional commercial activities,
nor did the Applicant provide any information related to public benefit of this development
proposal. As an example other large scale retail and/or mixed use developments, such as the
Meadows in Glenwood Springs or Willits Town Center in Basalt, provided some public benefit in
the form of cohesive design standards, affordable housing, trails and other public amenities' The
rezoning and future development of this site does not discuss or require the provision of any of
these amenities.
There has been no evidence provided that it is in the public interest to encourage commercial use
on this property.
3. The proposed rezoning addresses a demonstrated community need with respect to facilities,
service, or housing.
Comment: The Applicant has not provided analysis or data related to community need for the
proposed commercial use. This documentation would typically come in the form of a market
analysis or needs assessment which would analyze the existing commercial inventory in a region
to determine if there were gaps in services or commercial activities that one would assume to be
available to serve a population.
A windshield survey of existing commercial facilities in the Roaring Fork Valley has shown that
there are empty storefronts and for rent/sale signs in Glenwood Springs, Town of Carbondale,
Town of Basalt and in unincorporated Garfield County.
There has been no demonstration of community need related to the proposed uses on the site.
This could lead to migration of existing businesses from surrounding areas rather than creating
new businesses or retail operations.
l0 lPage
Planning Commission
JanuarY 13,201-6
GCCI, LLC - ZDAA8388
ComPrehensive Plan and in
compliance with any applicable intergovernmental agreement'
Comment: Several referral agencies have commented that the proposal does not generally
conform to the Comprehensive Plan, and planning staff agrees with these agencies for the
following reasons (please see Appendix A for photographs of the subject property and the
Unincorporated CommunitY area) :
A. Future Land Use MaP
1) Residential Hieh - The existing underlying designation of the subject site is defined as a
densityofresidentialusesfrom3dwellingunitsperacretoldwellingunitperlessthan
2 acres. This range of density is to be speciflcally determined by the Planning commission
and will be based upon a "degree of public benefit", considering factors such as the
amount of affordable housing, parks/trails and open space, energy conservation, fiscal
impacts on the county, preservation of views, providing for schools and other public
needs, etc.
Compatible zoning for this designation includes Residential Suburban, Residential Urban,
Residential Mobile Home park and PUD. The request to rezone the site for commercial
uses is not consistent with this designation'
2) Rural Emplovment Center (REC) - Staff does not
agree that thls designation is applicable to the
subject site as the designation appears to have
been located In response to the existing light
industrial uses that occur today at the SH 82
intersection with Cattle Creek Road' Compatible
zoning for the REC includes both the CG and CL
zone districts.
Aside from the applicability of this designation on
the site, REC is described as "Small areas adjacent
to major roadways that allow light industrial,
manufacturing, equipment storage, and incidental
retail sales. This designation also includes
residential uses for employees of the business on
the property, such as live/work housing'" The
request to rezone the subject site to CG would
allow the uses described, however it would not be
located on a 'small area' but on a 43'25-acre site
and would allow more than incidental retail sales'
ligure rt - Future Land U'. ldaP
11 lPage
Planning Commission
JanuarY t3,2OtG
GCCI, LLC _ ZDAA8388
3) Unincorporated communitv - This land use designation is described as "self-contained
subdivisions that contain town and neighborhood centers primarily to serve their own
populations. Their infrastructure and certain governmental functions are provided by
one or more special districts." compatible zoning includes Residential Urban'
commercial Limited, commercial General and Planned unit Development'
The Plan Glossary defines Unincorporated community as "Generally, a small town that
has not been incorporated. They typically contain a mix of retail, office and residential
uses. The commercial uses are intended to serve their own populations and immediately
surrounding residences. service and infrastructure are provided by a comblnation of
county (e.g. sheriff) and special districts (fire, water/sewer' school' etc')'"
The area included in this designation straddles sH 82 commencing north of Spring Valley
Road (cR L14) continuing south on both sides of the highway to cattle creek' Uses and
properties lncluded in this area include Nelson's Auto, Thunder River Market' Habitat
Restore area, coryell Road, H Lazy F Mobile Home Park, the sopris restaurant site' the
subject site, River Edge PUD, Road & Bridge facillty, Ferguson supply, Lumber Yard'
Dodson Engineering, Roto-Rooter, Mind springs Health and Mountain Meadows Mobile
Home Park. The Comprehensive Plan supports commercial services to serve their own
population. The variety of commercial uses permitted by-right in the CG zone appears to
exceed the intent of commercial uses for this designated area'
Certainly some of the uses permitted within the CG zone would be in general
conformance with this designation; however the broad uses permitted within the zoning
category exceed the recommended land uses for the Unincorporated community
designation. Neither the size nor scope of the proposed rezoning appears to be in
conformance with this future land use designation'
4) Water and Sewer Service Area - An area where central water and sanitation services are
available through a special district(s). The subject site is part of an executed Pre-inclusion
Agreement with Roaring Fork water and sanitation District (RFWSD)'
5) Area of lnfluence (3 Milesl - This is defined as areas that are located within three miles
of an incorporated jurisdiction. Garfield county has intergovernmental agreements with
incorporated areas whereby the county seeks review and comment from the jurisdiction
regarding potential impacts from a development proposal. Both the Town of carbondale
and the city of Glenwood Springs recommend that the county deny the request to rezone
this property to Commercial General'
6) General - Five major themes are included in chapter 2, Future Land Use of the 2030
comprehensive Plan. Two of these themes are applicable to the review and
12 lPage
Planning Commission
January 13,20t6
GCCI, LLC _ ZDAA8388
determination of generalconformity of the proposed CG zoning with the Comprehensive
Plan. The applicable themes include Growth in Unincorporated Communities and
Growth in Designated Centers.
Growth in Unincorporated Communities - Guidelines are provided for new or expanded
unincorporated communities:
i. The development is not located within the UGA of existing municipalities;
Staff Comment: This development is not located within the UGA of any municipality,
but the site is located within the Area of lnfluence for the City of Glenwood Springs
and is located just outside of the Area of lnfluence for the Town of Carbondale.
ii. The development is served with urban services by a special district;
Staff Comment: The subject site is located within the REC/Cattle Creek Metropolitan
District(s) and within the service area boundary of the Roaring Fork Water and
Sanitation District.
iii. A contract for police from county sheriff is established;
Staff Comment: No information has been provided regarding this contract.
iv. Connecting county roads are upgraded at developer's expense;
Staff Comment: The sole access to the site is proposed to be from SH 82.
v. Fiscal costs to the public will be considered in the review of new unincorporated
communities;
Staff Comment: No information has been provided regarding fiscal costs to the public
that may result from the proposed rezoning of the site to Commercial General. This
would include potential fiscal costs to the public in comparison to sales tax revenues
generated by the development.
vi. Any internal commercial is primarily for the convenience of area residents
(minimize competition with existing communities);
Staff Comment: The wide variety of uses that are permitted by-right in the CG zone
exceed the 'convenience' uses to serve area residents. CG uses include offices,
general retail, retail - vehicle and equipment sales, retail - lumber yards, eating and
drinking establishments, and other uses that may be regional in nature. Some of the
CG uses may be appropriate on a case-by-case basis with county review; however, in
general, the CG uses appear much broader than anticipated in this guideline.
13 lPage
Planning Commission
January 13,20L6
GCCI, LLC - ZDAA8388
Future Land Use Map Details
Rural Employment Center - Pink
l-:r\ .I \\t-' "( . -\
\,
rl '-r
\
.\,
\\\
Unincorporated Comm unity
Residential High Density Water/Sewer Service Area
Planning Commission
JanuarY 1.3,20L6
GCCI, LLC - ZDAA8388
vii. Transit opportunities are provided;
staff Comment: RFTA provides transit along the sH 82 corridor; however the nearest
bus stop is located at the intersection of sH 82 and cMC Road (cR 114)' approximately
2,300 feet north of the northern property line of the GCCI parcel' No information has
been provided regarding discussions with RFTA to secure a bus stop at this site'
viii. Recreation and other public amenities are provided;
StaffReport:Noinformationwasincludedregardingtheprovisionofrecreationor
otherpublicamenitiesatthissite.TheRioGrandeTrailexistsontheWestern
boundarY of the subject site'
ix.Schoolsitesmayberequired(theselocationsarepreferredoverschoolsinrural
areas).
staff comment: A school site is not appropriate for consideration in the zone change
aPPlication'
Growth in Designated centers - The Rural Employment center designation is not
applicable to this site as it is located at the sH 82 / Cattle Creek Road intersection in
response to existing uses in that area'
B. Plan Elements - Economics. Emplovment and Tourism - Locating tax-Senerating commercial
uses at this site could negatiu"ly irnpr-.t in.*porated communities including the Town of
carbondale, the city of Glenwood springs, and the Town of Basalt' As is common in the state
of colorado these incorporated ,r.., g.n.rate a majority of their revenues from sales tax'
Thecountybudgetisprimarilysupportedbypropertytaxandseverancetax'withtheaddition
of a t%sales tax to the county on sales generated by retail and commercial uses - regardless
of whether the use is located in unincorporated county or within an incorporated community'
This is a critical point as the County receives the same amount of revenue from sales
generated in unincorporated or in incorporated areas - however in the unincorporated areas
the county is required to provide services, public safety in particular, that costthe taxpayers
money.
The draw of commercial activities to this site could cause sales tax revenues to decline in the
incorporated areas in a concept known as "sales tax leakage"' This concept relates to the
sales tax revenues that leave a particular community when new commercial uses are
constructed in near-by incorporated or unincorporated communities (this may be a "new"
commercial use or it may be the relocation of an existing commercial use)' This leakage may
be greatest when the commercial activities decline in an incorporated area due to new
commercial developments in unincorporated areas - this may occur because sales tax rates
are lower in unincorporated countv F.g%lversus for the Town of carbondale (8'4%) and the
City of Glenwood SPrings (8.6'/,)'
15 lPage
Planning Commission
JanuarY 73,ZOLG
GCCI, LLC - ZDAA8388
ff*.ft.rttn.t"*proridesalestaxratesand2015salestaxrevenues'
City of Glenwoodlspringll Town of Carbondale**
SALES TAX RATES Unincorporated
State Tax 2.9%2s%2.9%
1.O%1".O%1..O%
3.5%Garfield CountY
lncorporated Comm unitY 3.7%
1..O%t.o%+har ltrrncnnrtation etc.)
3.9%8.6%8.4%IU IAL
Meadows ha#xCityofGlenwoodsp7ing,h,,.n.dd.,tion,-tzs7"a..o,,*odationTaxonlodgingandthe
a 1.5% Public lmProvement Fee (PlF)
** Town of Carbondale has an additional 2%lax on lodging
Thefiscalimpactoflocatingpotentiallylarge-scaleurbancommercialusesinanunincorporated
area is that the required public services, particutarly public safety, would be the responsibility of
the County. The application materials did not demonstrate that the potential sales tax generated
by the uses would pay for the additional services that the county would be required to provide to
the site. Any shortfatiin ttre cost/revenue equation for new service (e'g' sheriff) would be borne
bY the CountY taxpayers'
Source: Garfield County Sales Tax Reports
c. REFERRAL AGENCY/PUBLIC RESPONSES -The incorporated communities within 3 miles of the subject
site are concerned with a potentially large-scale commercial development located midway between
the two existing commercial centers in the Roaring Fork valley of Garfield county' Neither jurisdiction
supportstheproposedrezoningofthissitetoCommercialGeneralandprovidesnumerousreasons
why this is not supported by the county's own comprehensive Plan' Exhibits H and l'
cDoT responded, Exhibit M, that the highway may not have adequate infrastructure to support
commercial use at this location'
The Roaring Fork water and Sanitation District, Exhibit G, states that a Pre-lnclusion Agreement
provides that the district will provide service to up to 375 EQRS on surrounding properties, including
the subject site of this application'
The Roaring Fork Transportation Authority, Exhibit J, responded that specific comments cannot be
made due to the unknown mix of the proposed commercial development nor can potential impacts
lSlPage
% of CountY
Sales Tax
Revenue
2015 Jan - APril% of CountY
Sales Tax
Revenue
SALES TAX GENERATED
$1,,262,574.17$3,994,899.81City of Glenwood
5 254,478.385 850,249.97Town of Carbondale s 356,609.28s 865,340.06Unincorporated
Planning Commission
January 13,201'6
GCCI, LLC - ZDAA8388
D.
to the Rio Grande Trail and RFTA transit services be determined. However, in general, large-scale
commercial developments created outside of the Urban Growth Boundaries can pose challenges that
may not be offset by tax revenues - this could include traffic impacts in already congested highway
corridors. The development could increase demand for transit services however there would not be
any sales tax revenue generated for RFTA to offset the increased demand. The development could
potentially siphon off sales tax revenue from RFTA member jurisdictions (staff note: Garfield County
is not a member jurisdiction to RFTA). Commercial activity in this location could intensify existing
transportation challenges in SH 82 corridor.
The Roaring Fork Conservancy, Exhibit N, holds the Cattle Creek Conservation Easement and the
Heron Point Conservation Easement which are located adjacent to the subject site. The Conservancy
is concerned with potential impacts that may result from a commercial development at this location,
including impacts to Cattle Creek and the Roaring Fork River from traffic and runoff.
A letter was received , Exhibit O, from an adjacent property owner who owns the commercial
development across SH 82 at Cattle Creek. Mr. Martayan, owner of Baymar Hotels and Properties,
lnc. responded that additional commercial space is not required based upon existing inventory, and
that there is concern that the proposed development would adversely affect the existing commercial
real estate values.
POTENTIAL ALTERNATIVES - Staff has reviewed Table 3-403, Use Table, and determined that the
existing Suburban zoning would permit, with additional County review the following commercial uses:
Public and lnstitutional uses such as public buildings, libraries and museums - Administrative Review
General Retail - Administrative Review
Convenience Store - Major lmpact Review
Eating and Drinking Establishment or Laundromat - Limited lmpact Review
Lodging Facilities - Limited lmpact
The existing zoning would provide the county with the opportunity to review that development plan
against the Comprehensive Plan goals as well as the criteria contained in Article 7, Standards. lf these
potential uses are not sufficient for the Applicant, then Rural Zoning does broaden the ability to apply
for land use permits for commercial uses, including Limited lmpact review on Professional Offices and
General Service Establishments.
The final alternative proposed would be for the Applicant to apply for a Planned Unit Development
which would specify the layout, size, scale and uses proposed in the development, allof which would
then be reviewed by the County staff, referral agencies and general public during the process. The
PUD process would also require provision of open space and could result in additional benefits to the
general public.
lTlPage
Planning Commission
January 73,20t6
GCCI, LLC - ZDAA8388
Due to the concerns itemized above regarding general conformance with the Comprehensive Plan and
compliance with the review criteria, Staff recommends that the Planning Commission recommend denial
of the application to rezone the GCCI property from Residential Suburban to Commercial General, with
the following findings:
1. That proper public notice was provided as required for the hearing before the Planning
Commission.
2. That the hearing before the Planning Commission was extensive and complete, that all pertinent
facts, matters and issues were submitted or could be submitted and that all interested parties
were heard at that meeting.
3. That for the above stated and other reasons the request to rezone the property is not in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
4. That the application has not met the requirements of the Garfield County 2013 Land Use and
Development Code, as amended.
5. That the application is not in general conformance with the Garfield County Comprehensive Plan
2030.
The Planning Commission has several options regarding a recommendation on this application:
1. Approve the request;
2. Continue the request in order to seek additional information from the applicant;
3. Deny the request.
The last option of denying the request could be supported by proposed findings that the rezoning to
Commercial General is inappropriate due to:
7. The proposal is not in general conformance with the Comprehensive Plan, specifically the
Unincorporated Community designation and the FLUM as well as the creation of potential
competition of the proposed site with existing municipal commercial facilities .
2. The lack of demonstrated community need;
3. The area has not changed to the degree that it is in the public interest to encourage this new use
and density;
4. The proposed CG zoning would not result in an orderly development pattern.
18 lPage
I. STAFF RECOMMENDATION AND SUGGESTED FINDINGS
PIAN NING COMMISSION DELI BERATI ON & RECOM MENDATION
APPENDIX A. UNINCORPORATED COMMUNITY PHOTOS
GCCI APPlication - LlLSltG
llPage
APPENDIX A - UNINCORPORATED COMMUNITY PHOTOS
GCCI Application - LlL3.lt6
2lPage
APPENDIX A - UNINCORPORATED COMMUNITY PHOTOS
GCC! Application - LlLllt6
Pro-Build Lumber
Road & Bridge
5lPage
APPENDIX B - COMMERCIAL DEVELOPMENT PHOTOS
GCCI Application 11l18/15
Target 124,900 Square Feet on 10'613-aces
i
IFuw,,s
Pier 1/BB&BlPetco 81.416 Square Feet on 8.401-acres lPage
APPENDIX B _ COMMERCIAL DEVELOPMENT PHOTOS
GCCI Application 11118/15
Market Street 40,515 Square Feet on 4.853-acres
Walmart 116,815 Sqtnre Feet on 5.77-acres
City of Glenwood
Springs
3lPage
APPENDIX B _ COMMERCIAL DEVELOPMENT PHOTOS
GCCI APP| ic arion L1 / 1'8 / 75
Willits - Town of Basalt
5lPage
PROJECT INFORMATION
Request:
Ap plica nt:
Representative:
Location:
Access:
Current Zoning:
Comprehensive Plan:
Rezone a 43.5-acre site to Commercial General
Garfield County Commercial lnvestments, LLC
Mike Cerbo - Galloway & Company, lnc';
Brownstein HYatt Farber Schrek
west side of sH 82 between cR 1t4 and cR LI3
SH 82
Residential Suburban
Residential High Density, Unincorporated
Community, Water and Sewer District
Co
{-,(o(JoJ
Zone District Di mensions
Minimum
Lot Area{
Maxiraum
Lat
Goverage
{%}
Maximum
Floor Area
Ratio
Front Rear Side2
it]I!itrutH}(rlri
JaLliiJrtrI{*: lr
Zone District Arterial Local
Rural
R
2 acres R: 15 N/A 50 25 25 1S *'.25
NR:40
Residential - Sulrurhan
RS 20.0il0 s.f.. t..'0.50 / 1.0 50 25 rrtr/-4 10 Tr'
Residential - Urlran
RU 7.500 s.{.50 0.50 / 1.0 5S 25 25 10 25
Res idential -Manufactu red
Honre Parlt
MHP
2 acres qn 50 25 25 10 25
Comnrercial - Limited
CL 7,500 s.f.NC. 75
C: 85 0.50 / 1.0 50 25 R: 25
C: 7.5 10 40
Cornmercia! - General
CG 7.5S0 s.f.NC: 75
C: 85 0.50 r 1.0 50 25 R:25
C'"7.r*10
lndustrial
I
21.780 s.f.75 N/A 50 25 25 10 40
Table $-?01: Zone Diskiet ilimersions
Lot $ize litlr 'FI'l.Ll
Zone District Di mensions
20,000 sq. ft. -- 94 Lots ,500 sq. ft.= 251Lots
Commercial 35.8-acres21.6-acres
Non-Com mercia I 3 1.4-acres
941,985 square feet 941,985 square feet
25 Feet 40 Feet
Refe rral Comments
Citv of Glenwood Sorinss - Staff has sisnificant concerns based upon the lack of compliance with required
Iinilns'-%le7onlfis:These include the lack of demonstrated nbed, public benefit and conformance with
the Cdmprehensive Flan. The City recommends denial of the applicatibn.
Town of Carbondale - The Mavor and the Chairman of the Planning Commission responded with a quote
"tnacountv Winafau rage commercial development in the.unincoiporated areas that would signiflcantly
reduce saleis tax revenuel in incorporated municipa lities." The Towri specifically requests that the County
deny the application.
Roarinp Fork Water and Sanitation - The site lies within the District's boundary and is subject to a Pre-ffitincludesupto375EQR,sfortheentiretyoftheClownedproperty,
including River Edge PUD (366 units). Without knowledge of the project details infrastructure changes may
be neceisary due to Commercial General zoning.
Roaring Fork Conservancy - Concerns related to impact of development - runoff, erosion, traffic and light
poffuilorl, on-Thefalile-Creek and Heron Point Conservation Easements.
CDOT _ SH 82 may not have adequate infrastructure to support commercial use at this location.
RFTA - The commercial zoning may potentially increase regional demand for transit service however the
lEEk-of specifics regarding potehtial uses does not allow specific comments on the rezoning.
Bavmar Hotels and Prooerties - Mr. Martavan owns the commercial development at the intersection of SHffihereisasufficientinventoryofcommercial$ropertiestoservetheValley'
Three letters of support for the proposed rezoning have been received in the past several days.
45
LUDC Criteria $+-1,1 3 (C.)
The proposed rezoning would result in a logical and orderly development
pattern and would not constitute spot zoning.
The area to which the proposed rezoning would apply has changed or is
changing to such a degree that it is in the public interest to encourage a
new use or density in the area.
The proposed rezoning addresses a demonstrated community need with
respect to facilities, service, or housing.
The proposed rezoning is in general conformance with the Comprehensive
Plan and in compliance with any applicable intergovernmental agreement.
t5
fr
The proposed rezoning would result in a logical and
constitutes@
orderly develoPment
pjt!er!_g!q\^,99F LqI
Rezoning of the site would not constitute spot zoning as there is commercial
General zoning adjacent to the subject site'
The Applicant has not demonstrated that
acre site to Commercial General would
ordered pattern of develoPment.
the proposed rezoning of the 43 '25-
result in a cohesive, consistent and
would allow for a
consistent with the
Staff concerns include:
t. Large scale commercial development located between two existing
municipalities would result in sales tax leakage and potentially strain county
resources.
2. lncreased traffic on SH 82.
3. Lack of a cohesive development plan for the property
variety of uncontrolled commercial uses that may not be
Comprehensive Plan or the neighborhood'
R. The area to which the proposed rezoning would apply has changed or is
changing to such a degree that it is in the public interest to encourage a
new use or density in the area.
The area has remained virtually unchanged since the site was rezoned to
Residential Suburban in 2008 and, even with the granting of numerous
entitlements in the area, there has been no new development in the immediate
vicinity over the past decade.
There does
d eve lop me nt.
development
not appear to be a component of public interest in the
There have been no discussions by the Applicant regarding
plans of the property if it is rezoned.
It does not appear that encouraging a new use or density in this location will
result in any benefits to the public other than the availability of additional
retail/commercial uses and service industry jobs. The lack of demonstrated
need for additional commercial properties in the area may result in the
relocation of existing commercial uses, currently located in nearby jurisdictions,
to the site.
S" The proposed rezoning addresses a demonstrated community need with
re s p e ct t o f a c i I i t i e s, s e Lv-i c 9-, s1h o.g r t!8-:
The Applicant has not provided any data or analysis, such as a market analysis
or needs assessment, related to community need of the commercial zoning.
Existing similarly sized commercial developments in the area include the
Meadows in Glenwood Springs and Willits Town Center in Basalt. Appendices
A and B of the staff report includes information of commercial developments
in the valley.
Based upon discussions with real estate
there appears to be a sufficient, if not
properties to serve the area.
professionals and property managers
overabundant, supply of commercial
r:.. The proposed rezoning
Plan and in compliance
is in general conformance with the Comprehensive
with any applicable intergovernmental agreement.
Jurisdictions within three miles of a development proposal are solicited for comments -
both the City of Glenwood Springs and the Town of Carbondale request a denial of the
a pplication.
Staff finds that the proposed rezoning of the site is not in conformance with the
Comprehensive Plan, including two components as examples:
1. Future Land Use:
a. Residential High Density - this is a residential designation that does not include
commercial uses but allows density not to exceed 3 dwelling units per acre.
b. Unincorporated Communities
1) Limited commercial to serve the Unincorporated Community area.
2) Fiscal costs to public will be considered.
3) Recreation and other public amenities are provided.
2. Economics
a. Sales tax leakage.
b. Fiscal Analysis.
U nincorPorated CommunitY Area
I
I
i
l
I
Wry
ili
.,'1 ffi'$'fII- \\ r\Ir'-:---l
rqi -i-. 'l Lh----1* I *[lj-"1\-ll11t i,'r, 'l '.t ''\. - IK\'r,,V( -*\oi,r,
_-r- *-I \ "\q ) \,1
1->\J / ,
planning commission options
staff recommends denial of the request to rezone the subject site and has
provided findings in support of that recommendation'
should the planning commission support this recommendation
that the findings belncorporated into the recommendation.
The planning commission has the option to recommend approval
however conditions are not appropriate. The findings to
recommendation would need be created.
Staff requests
of the request,
support this
IEMGF#..ffi,*,F,.mS*;
October 28,2075
Viq lnternet
Ms. Kathy Eastley, Senior Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 810601
keastley@garf ield-county.com
RE: GCCI Rezone - File Number ZDAA-09'15-8388
Dear Kathy:
On behalf of the Roaring Fork Water & Sanitation District ("RFWSD"), thank you for
providing us with a copy of the Land Use Change Permit Application submitted by Garfield
County Commercial Investments, LLC ("GCCI") to rezone a 43 acre parcel of land from
Residential-Suburban to Commercial General. This letter incorporates the comments from the
District and its engineers at SCM, Inc.
The GCCI property lies within the RFWSD's service area boundary. The RFWSD, GCCI
and Carbondale Investments, LLC ("CI", which owns the adjacent parcels to the south and
known as the River Edge Colorado PUD) entered into a Pre-Inclusion Agreement, recorded at
reception number 825458, setting forth terms and conditions whereby the GCCI property and
CI property would be included within the boundaries of the RFWSD and the RFWSD would
agree to provide water and sanitary sewer service to these properties (the "Agreement").
Under the terms of the Agreement, CI and/or GCCI agreed to pay for and construct
certain infrastructure necessary to provide water and sanitary sewer service to the respective
properties. These included the extension of water lines from the RFWSD's existing
infrastrucfure and/or the construction of a surface water treatment plant as well as developing
the infrastructure necessary to provide sanitary sewer services to the properties and expansion
Scott Grosscup
Direct Dial (970) 928-3468
Recep tionist (97 0) 945 - 65 46
sgrosscuo(c Lra I conrbr:reen.com
EXHIBIT
I
Mailing Address:
P.O. Drawer 790
Clenwood Springs, CO 81602
www.balcombgreen.com
Glenw o o d Spings Offic e :
818 Colorado Avenue
Glenwood Springs, CO
(970) 945-6546
Aspen Office:
0133 Prospector Road, Ste.4102E
Aspery CO 81611
(970) 920-s467
[3ffiF,*lsPw'nfim$Nrt;Ms. Kathy EastleY
Re: File No. ZDAA-09-15-8388
October 28,2015
Page2 of2
of the RFWSD's sewer treatment plant. These responsibilities applied to either CI or GCCI
depending upon which property developed first'
The Agreement provides that the District will provide service to up to 375 EQRs as
defined in the RFWSD'; Rules and Regulations. Depending upon the development that occurs
GCCI may need to construct additional facilities that were not originally contemplated by the
Agreement. This may include larger water storage tanks necessary to meet fire flow
requirements. That iecision will be made when additional information about the type and level
of development is available.
Pursuant to the Agreement CI and or GCCI will need to construct on and off-site
infrastructure. Consultants for the two property owners have been in discussion with the
District regarding the timing, location, and construction of those facilities' Those discussions
and plan review will continue as required by the Agreement'
While the District has not taken a position on the land use change reques! development
of this property can bring the infrastructure necessary to allow adjacent parcels to connect to the
RFWSD. This could alloiv parcels within the District's expanded service area to ultimately
receive potable water and sanitary sewer from the District rather than rely upon their
individual systems.
Thank you for the opportunity to provide comments on the Land use Change
Application. Please let us know if we can be of any further assistance'
Very truly yours/
BALCOMB & GNTTU, P.C.
cc: Louis Meyer, P.E.
Scott CrosscuP
ExHtelr
November 2,2015
TO: Kathy Eastley, Senior Planner, Garfield County Community Development
FROM: Andrew McGregor, Community Development Director, City of Glenwood
Springs
RE: Referral Comments - ZDAA82L0 - GCCI Rezone
Please accept our corlments into the record in reference to the above-noted application.
The City of Glenwood Springs' staff has substantial concerns about the proposed
rezoning as requested. The rezoning is a speculative ait based not on a specific
development proposal but rather a "build it and they will come" approach. Furthermore,
the rezoning action would be the public's only opportunity to comment as the vast
majority of uses allowed in the CG zone district are by- rtght uses. Any site specific
development application would proceed directly to a building permit process. It is
noteworthy that lot coverage and FAR maximums in the CG zone district would allow an
extraordinarily large amount of commercial square footage to be constructed. Under the
FAR alone, almost a million square feet of retail could be consttucted on a parcel of this
acreage. Obviously other needs like parking, landscaping, drainage, etc. may reduce this
number, however the potential square footage of buildings in this requested 45 acre
rezoning remain enorrnous.
The Garfield County Land Use Resolution stipulates that in order to rezofie a property it
must be demonstrated that a property was rezoned enoneously or that the four criteria
discussed below be satisfied.
l. The proposed rezoning would result in a logical and orderly developmenl pattern
and wotid not constitute spot zoning. The CMC/Cattle Creek area along
Highway 82 already has substantial amounts of commercially zoned land. Some
of that acreage is vacant and is owned by the applicant. The neglected condition
of that property is indicative of a lack of community responsibility and
stewardship. It is not good lancl use practice to create large of tracts of
commercially zoned properties when an inventory already exists unless the
agenda is to pull pre-existing conlmercial uses fi'om the neighboring cities of
Glenwood Springs and Calbondale or atltactcompeting large format retail which
will pirate retail dollars fi'om the cities to these exut'ban greenfields where
development costs are lower and infi'asttucture is limited' A logical development
pattern places this magnitude of development within an incorporated community'
2. The area to which the proposecl zoningvvould apply has changed or is chunging
to such a degree that it is in the pttblic interest to encourage o new use or density
in the area. Circ,mstances have in fact not changed appreciably in this locale'
This property and the adjoining parcel to the east have been a part of a series of
failed commercial and residential PUDs for the last 15 to 20 years' Regardless of
the entitlements on these properties, no development has occurred' Now the
public is being asked to extend 45 acres of commercial zoning' Not only does the
neighborhood or "unincorporated conrmunity" not support this demand' as there
is plenty of vacant commercially zoned property in both the immediate area and
in the neighboring cities. While we acknowledge that there has been slow growth
in recent yeurs in n"arby subdivisions such as Elk Springs, Iron Bridge and Aspen
Glen, these new units have not suddenly created the demand for many thousands
ofsquarefeetofnewcommercialorretailsquarefootage'
3. The proposed rezoning arlflresses a demonsttated community need with respect to
facilities, services ani housing. The GCCI appiication does not adequately
address a'odemonstrated community need" for this magnitude of commercial
rezoning. They supply no statistical evidence supporting this request' Within the
Garfield County Co*pr"U"rrsive Plan's definition, it states that an unincorporated
community is intended to be "self-contained subdivisions that contain town or
neighborhood centers primarily to serve their own populations'" The applicant
even goes so far as to state in the application nau'ative that "developrnent of the
subject property will benefit the county as a whole'" The application fruther
states that "The proposed commercial and office uses will sele the immediate
residents of the local unincorporated community, as well as surrounding
communities..." Sales tax leakage is afueady an issue for cities and towns'
Adding large acreage of commercial land in this location will have a negative
effect on sun'ounding communities by pirating existing and future development
from these communities. On page 50 of the Cornprehensive Plan, Policy #2 states
that ..The county will discourage commercial development in the unincorporated
areas that would significantly rednce sales tax revenues in incorporated
municipalities. Pelhaps the applicant should be requesting an amendment to the
Comprehensive Plan in advance of a rezoning application of this magnitude as the
scale of this request clearly doesn't comply with the current "Unincorporated
Communities" designation that exists today in the Comprehensive Plan.
4. The proposed rezoning is in general corformance with the Comprehensive Plan
and in comltliance with any intergovernmental agreement. This rezoning
Application is inconsistent with the current future land use designation which is
intended to have commercial zoning only to "selve their own populations". This
neighborhood center cannot support an additional million square feet (or even
some fi'action thereof). It is doubtful that the entire Roaring Fort Valley will
have this kind of demand for that quantity of new commercial square footage over
the next decade or two.
In summary, the application does not demonstrate compliance with the adopted
Comprehensive Plan nor does it demonstrate that circumstances have changed to the
extent necessary to warrant such a large speculative rezoning. The City's Community
Development Department staff recommends that the application be denied.
This memorandum was presented to the City's Planning and Zoning Commission at their
October 27,2015 meeting. After a brief discussion, the Commission unanimously agreed
to endorse the comments contained above.
Attachments:
1. Additional review comments from various City staff.
PLANNING ITEM: 42-15
SUBJECT: GarCo Referral - Rezoning
CITY ATTORIIEY (Karl Hanlon)
CITY MANAGEB (Jeff Hecksel)
POLICEDEPARTMENT(Ierrl,Wilson)-Nocomments.
PUBLIC W0RKS DIRECTOR (Robin Millvard)
ASSISTANT PUBLIC WORKS DIRECTOII (Dave Betley)
BUILDING DEPARTMENT (Patrick Sevdel)
CITY ENGINEEB (Teni Paftch)
(Gretchen Ricehill, Senior Planner) - See attached
T (Geoff Guttuie) - See attached memorandum'
WATER/WASTEWATER (Jerry Wade)
FIRE DEPARTMENT (Ronald Biggers) *we do not have any comments to make on this
request for rezoning. When gre owneis/developers s.ubmit development plans for the site we
i"qu"rt to be contaited to review and comment on those plans'
CITY ELECTRIC (Doug Hazzard)
STREETS & ALLEYS (Rick Turner)
PARI$ AND RECREATION (Tom Barnes)
FINANCE DIRECTOR (Charles Kelty) - No comments'
SOURCE GAS (Westerman & Green)
CENTURYLINK (Jason SharPe)
memorandum.
. (Joldan Voskvil)-
MEMO
TO: Andrew McGregor
Community DeveloPment Director
FROM: Gretchen Ricehill
Senior Planner
DATE: October 19,2015
RE: Planning ltem 42-L5- Garfield County Referral - Rezoning -Galloway and Co-GCCl, lnc'
This application appears to be the same as, or very similar to a rezoning application that was
submitted in earlier this year.
As I understand it, the applicant requests to rezone this property from Residential Suburban to
General Commercial. The argument is based upon the fact that the County's comprehensive
plan identifies the property as lying within an area designated as "Unincorporated Community''
which is defined as "Self-contained subdivisions that contain town and neighborhood centers
primarily to serve their own populations". Garfield County lists "General Commercial" as one of
four zone district supporting the Unincorporated Community designation.
Earlier this year you provided comments on the application which I feel are as valid today as
they were then. I do not believe that the applicant meets the necessary criteria to rezone this
property (Section 4-113 Garfield County Land Use Development Code). I also do not believe
that in this instance, rezoning is supported by the Comprehensive Plan.
That being said, when reviewing this application, it is important to acknowledge that the City of
Glenwood Springs is placed at a distinct disadvantage in that it is not privy to the type of retail
development that is proposed or contemplated for this site and which is the reason for the
applicant's rezoning request. Therefore, the City has to assume that the applicant intends to
develop the property to the fullest extent that the General Commercial zoning would allow.
That is, 85% lot coverage of a 43.25 acre site and 40 foot tall buildings.
Now, the applicant made several statements in the application that lead me to believe that the
property rezoning is needed to allow for commercial uses that would serve a regional clientele.
ln fact one statement (page 4) touted the benefits of having a Highway 82 frontage and divulged
that the owner "...has received expressions of interest from national and regional retailers
seeking to locate stores on the Property."
National and regional stores do not meet the definition of "Unincorporated Community" which
calls for town and neighborhood centers lo "serve their own comm ". The concept of
national and regional stores in unincorporated Garfield County is also in direct conflict with
Policy statement #2 (p. 50) of the Comprehensive plan which states that "The county will
discourage commercial development in the unincorporated areas that would significantly
reduce sales tax revenues in incorporated municipalities." However, the applicant (page 7)
dismisses this Policy by stating that "no evidence exists that this development would do so"
(italics added for emphasis). Again, the City of Glenwood Springs is not aware of the exact
nature of development contemplated for this property but it has to assume from the statements
made in this application that the intent is to court national and regional retailers.
Regardless, the County's own Comprehensive Plan recognized that "Commercialdevelopment in
unincorporated areas can reduce the sales tax receipts of incorporated communities, and
constrain their ability to provide services and amenities on which the majority of county
residents depend" (page 50). There is ample evidence to support this drain on revenue. When
retailers have opened in other areas, such Super Walmart in Rifle and Costco in Gypsum,
Glenwood Springs has experienced a noticeable reduction in overall revenue.
Memorandum
To:
From:
Date:
Re:
Andrew McGregor, Com mu nity Development Director
Geoff Guthrie, Transpoftation Manager
October 2O,2O15
planning ltem # 4z-LlGarfield county Referralof Proposed Rezoning
Request
Please accept my comments into the record in reference to the above application'
This proposed rezoning as requested by the applicant raises significant
transportation-related concerns regarding traffic generation and State Highway 82 vehicular
access. Ofnote:
PUBLICTRANSIT ACCESS
o The closest-in-proximity existing RFTA bus stop is approximately o'49 miles north of the
northern parcel boundary line, at the SH-82 & CR 154 intersection' At an average
walking pace of 3mph, th'rs equals about a L0-minute walk for bus passengers to access
the northern Parcel boundarY'
. The next*closest existing RFTA bus stop is located approximately 1'90 miles south of the
southern parcel boundary, at the entrance to Aspen Glen and SH-82' At 3mph walking
speed, this equals an appioximately 38-minute walk to the southern parcel boundary'
VEHICULARACCESS: cAfiLE CREEK RoAD & sH-82 intersection
o Due to existing private property uses bordering the northern end of this parcel' and the
railbanked RFTA railroad corridor bordering the west side of this parcel' existing
vehicular access to the parcel appears limited to its southern boundary from the Cattle
Creek Road & SH-82 intersection'
o The existing Cattle Creek Road & SH-82
challenging intersection in CDOT Region
Prioritv Studv.
intersection WAS identified as the #8 most
3 in the IL 3l
Additionally, the 2010 Traffic lmpact and Needs Assessment undertaken in 2010 by
Garfield County analyzed traffic levels of service (LOS) along the SH-82 mainline at
selected intersections. This 20L0 capacity analysis showed that the Cattle Creek Road &
5H-82 intersection operates at LOS D and LOS F in the morning and evening peak hours,
respectively.
The same Garfield County 2010 Traffic lmpact and Needs Assessment indicated that
'the grades increase by a consistent five percent from the highway and the turn lanes
are insufficient." The study also states that the intersection is 'confusingl and causes
issues due to the lack of pavement markings, wide pavement section of Cattle Creek
Road, close proximity to adjacent intersections, minor street skews impacting sight
distance from SH-82 turn lanes, and left-turning vehicles from Cattle Creek Road sit in
the median."
VEHICULAR ACCESS: CR 154/CMC ROAD & SH-82 intersection
Analysis in the 2011 CDOT Resion 3 lntersection Prioritv Studv identifies the existing SH-
82 & CR 154/CMC Road intersection 0.49 miles north of this property as the #1 most
challenging intersection in all of CDOT Region 3.
Analysis of this intersection for the 2011 CDOT study showed that the RFTA park-n-ride
on the south side is about 30 feet from the intersection and is easily blocked by the
queues on CR 154... There are many other driveways on CR 114 and on the frontage
road near the intersection with the highway. The driveways are blocked at times if the
queues on the minor streets are extensive."
o Further analysis of the CR 154/CMC Rd & 5H-82 intersection notes 'the eastbound
direction enters the intersection from a sweeping horizontal curve which limits the
signal visibility, which is also hindered by the trees and vegetation along the roadway."
. The Garfield County 20L0 Traffic lmpact and Needs Assessment also indicated that at
this intersection, "in the PM peak hour the minor approaches are failing due to the long
queues and potential signal delay. lf the mainline does not max-out on its green time,
then these approaches can operate at LOS D."
TRIP GENERATION
o lnstitute of Transportation Engineers trip generation study data notes average Z4.hour
trip generation rates per 1.,000 ft2 of gross floor area of a major discount supermarket
company located in the western U.S. Data is presented over three distinct time periods:
Tuesdayto Thursday, Saturday, and Sunday. Average trip generation rates per 1,000 ft2
of gross floor area are as follows:
Tuesday to Thursday 95.2 trips I L,ooO ftz gross floor area
Saturday 121.5 trips / 7,OO0 ft'gross floor area
Sunday i.10.1trips I L,oOo ft'gross floor area
ln the applicant's letter to the Garfield County Planning Manager, dated September 16,
2015, the final sentence before the conclusion paragraph indicates that there is the
likelihood this property "would accommodate a maximum of 300,000 square feet of
commercial development." Based on this proposed 300,000 ft2 maximum development
size, using the trip generation numbers in the above table the amount of vehicular trips
generated over the average Z4-hour period could potentially be as follows:
The conceptual land use map included with this application indicates "roadway gradingi'
and a new vehicular access point to this property, located roughly at the center right of
the parcel and SH-82. This proposed access point would be new and would have to
meet all requirements of the State Highway Access Code, including conducting a signal
warrant analysis and traffic counts.
CONCLUSION
Existing CDOT SH-82 traffic count data at the two nearest stations to this parcel (SH-82 &
South Blake Avenue, and SH-82 & SH-133) indicate ADT numbers of 23,000 and
L9,000 vehicles per day, respectively. The potential vehicle trips generated by a
commercial development of this proposed size, located about four miles south of
Glenwood Springs city limits, have the possibility of doubling existing traffic volumes
along the SH-82 mainline between Glenwood Springs and Carbondale.
It is recommended not only that the developer be required to include ADA-compliant public
transit access to this property from both travel directions of SH-82, but also as soon
as possible contact RFTA Operations Staffto discuss the feasibility of whether existing
RFTA bus routes and schedule timing can accommodate this proposed commercial
center and the potential trips it will generate, or if additional bus service and
equipment maY be necessarY.
pursuant to the recommended intersection improvements as outlined in the 2011 CDOT
Resion 3 lntersection Prioritv Studv, it is strongly suggested that the developer'
Garfield County, and CDOT Region 3 staff work together to implement the following
improvements to the SH-82 & CR L54 intersection:
r Remove vegetation on the eastbound curve between the highway and the Rio Grande
Trail
Tuesday to Thursday zA^560 trips / 300,000 ft2gross floor area
Saturday 36/50 trips / 300,000 ft2gross floor area
Sunday 33,030 trips / 300,000 ftzgross floor area
a
a
a
a
Lengthen the eastbound SH-82 left-turn lane storage
Construct ADA-compliant 8'sidewalks to the RFTA bus stops
Lengthen the other auxiliary lanes to conform to CDOT State Highway Access Code
Consider providing alternate location for the RFTA park-n-ride on the southeast corner
of this intersection to remove the close-proximity driveway to SH-82
Consider reconstructing the SH-82 & CR 154 intersection into a grade-separated
interchange to reduce existing delays and intersection-related accidents.
Pursuant to the recommended intersection improvements as outlined in the 2011 CDOT
Region 3 lntersection Prioritv Studv, it is strongly suggested that the developer,
Garfield County, and CDOT Region 3 staff work together to implement the following
improvements to the SH-82 & Cattle Creek Road intersection:
. Lengthen the acceleration and deceleration lanes to conform to the CDOT State
Highway Access Code
o Conduct traffic counts (turning movement and hourly directional) to verify signal
warrants per the MUTCD; if warrants are met, it is recommended that the developer
install a new traffic signal at this intersection
o lmplement access management techniques to reduce vehicular and pedestrian conflict
r Redesign the frontage road and local streets to improve spacing
IL
TorvN Or CInToNDALD
51I CoIORADO AVBNUB
CnRroNnlr.n, CO 81623
October 27,2015
Garfield County Planning and Zoning Commissioners
Gadield County Board of Commissioners
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Fle: Garfield County Referral- Garfield County Commercial
lnvestments, LLC - Rezoning
Dear Commissionersl
Thank you for referring the Garfield County Commercial lnvestments, LLC rezoning
application to the Town of Carbondale for the Town's review and comments. The
application is to rezone the Garfield County Commercial lnvestments, LLC property
(GCCI) which is a 43.25 acre propedy from Residential Suburban to Commercial
General (CG).
The Planning Commission discussed this item al its October 15, 2015 meeting. The
Board of Trustees discussed the application at its October 27,2015 meeting. This letter
is intended to convey our comments.
According to the Garfield County pre-application conference summary, the area with the
CGGI property has several designations on the County's Comprehensive Plan Land
Use Map:
1. Residential High Density
2. Unincorporated Community
3. There is an aslerisk for Rural Employment center that appears to be located
around the SH 82 - Cattle Creek area
4. A Water and Sewer Service Area
The application does not indicate what type and size of development is planned for the
property. The applicant's letter states lhat the uses allowed in the CG zone district will
fil! the need for commercial uses that focus on serving the population of the
unincorporated community, such as restaurants, convenience stores, recreation centers
and general retail. The letter is vague and does not outline the intended use of the
property.
Phone: (970)963-2733 Fax: (970) 963-9140
The GCCI, lnc. property is 43.25 acres. The General Retail Use is a permitted use with
no site plan review process and a generous lot coverage allowance at 85%. This could
result in a significant amount of commercial square footage with very little oversight and
input from surrounding communities.
Flural Employment Centers are defined as small areas adjacent to major roadways that
allow light industrial, manufacturing, equipmenl storage and incidg-nt?l retail sales. The
size of the GCCI parcel would allow much more square footage than what appears to
be envisioned in a Rural Employment Center as defined in the Garfield County
Comprehensive Plan.
Unincorporated Communities in the Gadield County Comprehensive Plan are intended
to be "self-contained subdivisions that contaln town and neighborhood centers prfmarily
to serve their own populations." A large retail store or stores would go beyond serving
the existing and potential residential units surrounding the GCCI property.
Finally, the Town questions whether the rezoning criteria in the Garfield County Land
Use Code could be met with the proposal. Large commercial square footage would not
result in a logical and orderly development pattern; the Cattle Creek area has not
changed to such a degree that it serues the public interest to rezone the property. The
proposal has not demonstrated a community need. ln fact, the resulting development
could compete with existing municipalities. Finally, the rezoning does not appear to be
in compliance with the Garfield County Comprehensive Plan as it does not meel the
definition of Unincorporated Community and Rural Employment Center.
Garfield County has a 17" sales tax rale. lncorporated areas have an additional
percentage on top of that. ln the case of Carbondale, the Town has a 3.5Yo sales tax
rate and 1% BFTA sales tax rate. Commercial uses competing with existing and future
commercial uses in Carbondale could result in the loss of sales tax and services to lhe
community and RFTA
One of the policles in the Garfield County Comprehensive Plan is that "the county will
discourage commercialdevelopment in the unincorporated areas that would
significantly reduce sales tax revenues in incorporated municipalities." The potential
relail development which could be constructed as a result of this rezoning would conflict
with this adopted policy.
With the lack of detail in the application, it is difficult to determine how the GCCI
property could be built out. However, for comparison's sake, Glenwood Meadows in
Glenwood Springs is approximately 40 acres. ll appears that 405,000 sq. ft. of gross
leasable square footage is allowed on the property. Glenwood Meadows is intended to
function as a regional shopping center. The GCCI property is approximately 43 acres.
Assuming that the building floor area will be 30% of the lot area, the potential square
footage could be around 550,000 sq. ft. This estimate is conservative since this is
based on a single story building and lhe allowed height in the CG zone district is 40 ft. in
height. We question whether there is a community need for this type and scale of
commercial property in this area.
Phone: (970)963-2733 Fax: (970) 963-9144
The Garfield County Comprehensive Plan includes a policy that "Garfield County will
encourage the development of a diversified industrial base recognizing physical
location-to-market capabilities of the community, and the sociat and environmental
impacts of industrial uses." lf the property is to be rezoned, some type of light industrial
zone district may be more appropriate to serve to meet the community needs in the
valley.
Garfield County has expended a significant amount of lime and resources in developing
and adopting the County's Comprehensive Plan and Land Use Code. The Town asks
that the County Commissioners abide by the standards and guidelines included in those
documents. The Town respectfully requests that the County Commissioners deny the
rezoning.
Thank you for the opportunity to submit comments.
Sincerely,
StaESy Patch Bernot
Board of Trustees
Brooke
Planning and Zoning Commission
Phone: (97O)963-2733 Fax: (970) 963-9140
EXHIBIT
I
* ".t " nreEZI
Roorlng forllronryorlolior Aulhotity
October 29,20L5
Kathy Eastley
Garfield County Community Development
108 8th Street, Suite 401 Glenwood Springs, CO 81601
Re: GCCI Request to Rezone 43.25 acres from Residentialto Commercial
Dear Kathy,
Thank you for soliciting RFTA's comments for a second time on the proposed Request for a
Zone District Amendment on the 43.25-acre parcel adjacent to the River Edge property. As you
may recall, RFTA submitted comments on 4lt1l20t5 for the first rezone request. The
development team retracted the application before the P&Z could vote on the proposal. lt
appears as though the previous and current project applications are very similar. Therefore, we
are re-submitting our comments below with a few minor revisions.
Without knowing the mix of commercial development that might be proposed by the developer
on this site in the future, RFTA cannot offer any specific comments about the potential impacts
that such development might have on RFTA transit services or the Rio Grande Railroad Corridor,
RFTA owns the 34-mile "railbanked" Corridor and therefore is charged with keeping it intact
consistent with freight rail reactivation, possible future commuter rail use, interim trail use,
open space uses, and other lawful public purposes. This responsibility creates minimum
conditions to which all proposed uses (including crossings) of the Corridor should adhere.
ln general, large-scale commercial developments that are created outside of Urban Growth
Boundaries can pose challenges for the public sector. These challenges can take the form of
increased demand and costs for a variety of public services, which are not always offset by the
tax revenue created by the commercial activities. ln addition, large scale commercial
developments can potentially create undesirable traffic impacts, especially in highway corridors
that are already congested.
lf the County subsequently approves a large-scale commercial development on this site, RFTA
foresees that demand for its regional transit services could increase because of people wanting
to accessthe businesses for employment and shopping purposes. However, because the
development would not be located within one of RFTA's member jurisdictions, there would not
be any sales tax revenue generated for RFTA to help offset any increased demand. ln addition,
the development might have the potential to siphon off sales tax revenue from RFTA member
jurisdictions; further reducing resources RFTA relies upon to maintain and increase its transit
services.
when considering this request for a Zone District Amendment, RFTA is hopeful that Garfield
county will carefully evaluate the extent to which a significant increase in commercial activity at
this location might exacerbate existing transportation challenges in the Highway 82 corridor
and adversely impact the economies of nearby municipalities.
Thank you once again for soliciting RFTA's comments on this Request for Zone District
Amendment submitted by GCCI, LLC. lf you have additional questions, please let me know'
Sincerely,
EXHIBIT
[<
Gaffield Cooln$
Vegetalion Management
October 29,2415
Kathy Eastley
Garfield County Community Development Deparlment
RE: ZDAA-09-1 5-8388 Garfield County Gommercial lnvestments
Dear Kathy,
Thank you for the opportuni$ to comment on the rezone application.
The property is heavily infested with the coun$ listed noxious weed, Scotch lhistle,
The property owner treated the noxious weeds during the 2015 growing season.
Staff requests that the applicant continue these efforts, it may take at least two treatments per year for several years to
get the thistle under control,
Please let me know if you have any questions.
Sincerely,
Garlield County Vegetation Manager
0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x lB05 Fax 970-625-5939
/;LoL
EXHIBIT
L
ENGINEERING, INC.
Civll and Environmental Gonsulting and Dosign
October 24,20t5
Ms. Kathy Eastley
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE:Review of the Garfield County Commercial Investments, LLC: ZDAA'09'15-8388
Dear Kathy:
This office has performecl a review of the documents provided for the Rezoning application for
Garfield County Commercial lnvestments, LLC. The submittal was found to be thorough and
well organized. The following comment was generated:
o No site plan was included within the application so no. review of site grading, drainage,
utilities, traffic, access, and/or other improvements could be performed. Any proposed,
future development should be reviewed foiconformance to the Garfield County LUDC'
Feel fiee to call if you have any questions or comments'
,{;"}r{
is Hale, PE
826 % Grand Avenue, Glenwood $prings, CO 81601
P: 970.945.5544 F: 970.945'5558 www.mountaincross-eng'com
Cross
EXHIBIT
M
From:
Sent:
To:
Subject:
Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Tuesday, November 03, 2015 10:10 AM
Kathy A. Eastley
Re: Referral Request - Garfield County Commercial investments LLC
Kathy - Thank you for the opportunity to review the re-zoning request. CDOT has no comments on
zoning. However, if the property became commercial, the CDOT would only allow one access to the site which
would be shared by Rivei Edge group. I don't believe there is enough highway infrastructure (access) for
commercial zoning based upon Expressway category of the Highway 82.
If you have any questions, please let me know.
thanks
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 | F 970.683.6290
222 Sotth 6th Street, Room 100, Grand Junction, CO 81501
daniet.@ I www.codot.qov/ | www.cotrip.orqffi
On Tue, Oct 6, 2Ol5 at 3:16 PM, Kathy A. Eastley <keastlev@garfiel@ wrote:
Good afternoon,
Attached is a referral request to review an application to rezone a 43.Zl-acre parcel on the west side of SH 82
berween CR 114 (CMC Road) and CR 113 (Catle Creek Road) from Residential Suburban to Commercial
General. This parcel is adjacent to the River Edge PUD, south of the old Sopris Restaurant'
This application as originally submitted earlier this year and you may have previously provided
.o**.ntr. The Applicant had withdrawn that application prior to hearing and are now resubmitting for
planning Commission and Board of County Commissioner review. The new application does not differ in any
significant way from what was previously submitted.
ROARINC T'IORK EXHIBIT
N
CONSI]R1/ANCY
BOARD OF
DIRECTORS
I)iane Schwener
President
Ilick Neilel'
tr'ice Pres itlent
Jenniler Sauer
Se c r e t u'y;i'l'r e os u. r e r
'l cd l]orchelr
Stcphcn lJllspcrrnarr
Ji:r Light
Itick Lof-aro
Iiecnti,-e [)iret:tor
Pat McMahon
Don Schuster
l,arry Yarv
Valerie Alexander Yau'
PROGRAIlI S'I-AFF
Ilick l,of'aro
[:,.xecutive Direclor
[ leathcr [,cwin
lYotershed Aclkttt
Director
Clhristina Medved
I".duc ctt i o n D i r e t' to r
l.iza iVlitchell
I:ducalion & Oulrettch
('rtordinator
Chad Itudow
Il'ater Qualil.,-
('oorclinutor
Sheryl Sahantlal
Deve lopme nt .1ss oc iu.tt
Sarah Woods
Director rsf
I>hilanthropv
November 4,2015
Ms. Kathy Eastley, Staff Planner
Garheld County Building and Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
kcastl e,vr, 0 garf ieI d-count)'. conr
RE: File Number ZDAA-09-15-8388, GCCI Rezone
Dear Ms. Eastley,
Please accept these comments on the proposed rezoning of parcel 2393'072-00-
031, a 43.25 acre property located on the west side of Highway 82 between CMC
Road and Cattle Creek Road. This parcel, owned by Garfield County Commercial
Investments (GCCI), is associated with the 53-acre Cattle Creek Conservation
Easement held by Roaring Fork Conservancy (RFC).
The Cattle Creek Conservation Easement and adjacent Heron Point Conservation
Easement, acquired in 1998 and 1999 respectively, preserve valuable riparian
habitat at the confluence of Cattle Creek and the Roaring Fork River. Riparian
habitat (vegetation along river and stream banks), is among Colorado's most
important plant communities for wildlife and healthy waterways, but comprises
less than 1% of the entire land area of the state. Essential riparian habitat, a
thriving great blue heron nesting colony, critical elk winter range, and high
quality water are among the many conservation values RFC is obligated to
protect, preserve and enhance in perpetuity within the conservation easement.
RFC has concerns with the potential effects of commercial development on the
nearby Conservation Easements as well as the Roaring Fork River and Cattle
Creek. RFC is currently engaged in a comprehensive scientific study of Cattle
Creek with the goal of improving water quality in the creek. The increase in
impermeable surfaces associated with commercial development and parking lots
can increase runoffand erosion, raising concerns about potential pollutants
reaching the waterways. Although some conceptual site data accompanies the
justification report submitted to Garfield County, RFC would like to see more
details regarding the design and function ofthe areas labeled open space/storm
water.
The impacts of possible increased light pollution and traffic associated with
commercial development are of particular concern because the Cattle Creek and
Heron Point Conservation Easements are home to a wide variety of wildlife,
P,0. l]trx 33{-tJ l}asalt, Color.rclo ti162l L)70.927.12{,10 tvw'w.roirringfork^org
RCIARING FORK
CONSERVANCY
notably a great blue heron nesting colony. Light pollution can inadvertently
interfere with the circadian rhythm and migration patterns of wildlife, including
birds, potentially interrupting their growth and reproductive cycles.r In addition,
lighting and traffic increases have been shown to negatively affect great blue
heron colonies potentially leading to site abandonment.2
RFC has engaged in preliminary conversations with the applicant and expressed
our desire to work closely with them on all matters concerning Cattle Creek and
the associated conservation easements. Should the proposed zoning change be
granted, RFC respectfully requests approval be contingent on working in close
cooperation with us to ensure the conservation values of the easement and the
ecological integrity of the surrounding area be upheld in the future planning of
this property.
Please contact me with any questions. Thank you for your consideration.
Sincerely,
'7-.^.".*.!((^-6{^
Rick Lofaro
Executive Director
t http://sierraclubmass.orslwp/?incsub wiki=dark-skies-outdoor-liqhtine
2 htto://www.pugetsoundnearshore.orgltechnical papers/herons.pdf
Il0. llux 3349 Basalt, Colciraelo Sl62l ' c)70.927.1290 rvlvw.roaringfork.org
1I
II
I
t
iIII
#il
#
#*$
#s
#,fl
,l t)\ :, ;; J.d Il{ -{.M I
_q ffi:'ffi i1,3 #/ffi tt4@,"1ffim$!xr
$# ffi i/tf w,'w ir$
l*P!
ffi
q
BAMN4AR H@ITELS AND PR@PERITIES, [NG"
EXHIBITlo
DEC 0 8 ?0t5
Re: Rezoning of track of land owned by Garfield County Commercial Investments, LLC.
To whom it may concem;
We are the owners of Valley View Business Park located at 7800 Highway 82 in Glenwood Springs and
w€ are writing you this letter to address our concem about the rezoning of the 43.25 acre property owned
by Garfield County Commercial Investments, LLC. from Residential Suburban to Commercial General.
First of all, we are truly surprised at the request submitted by the owner's of the land. There are plenty of
commercial spaces that are still available throughout the valley and most have been sitting empty for
years. If a study was made for them, they should have been strongly advised not to rezone the property.
Furthermore if they were to build commercial in this track of land they would create more vacancies that
would adversely affect the existing commercial real estate values and the real estate taxes collected
accordingly.
Most commercial brokers or residents will tell you that for the quantity of inhabitants that live in the
valley, the actual commercial ratio versus residential is enormous. There are not enough businesses to fill
the empties we have today and building more commercial on a scale planned by the above owners will
certainly be disastrous not only for the owners of the already existing commercial properties but also for
the whole community.
What we need is planned development and right now what the valley needs is affordable housing and/or a
rental project that could bring new business owners to move to the County. By doing so, we would at least
be abie to raise the occupancy in the existing commercial spaces. We might even be able to create the
opportunity to build more commercial in the future.
Thank you for considering my letter.
Thursday, December 3, 2015
Garfi eld County Planning Department
108 8th Street, #401
Glenwood Springs, CO 81601
Roy Martayan
Owner / Di
I I I I Kane Concourse, #211, Bay Harbor Islands, FL 331 54
Tel: (305) 864-6581 * Fax: (305) 866-7874 * E-Mait: Baymar@the.beach.net
Dodoul
trglofi.d Prrofirdr,9rc,
OO33 MARAND ROAD P.O. BOX 248
5 MILES SOUTH ON HIGITWAY 82
GLENWOOD SPRINCS, COLORADO 8rcA2-0248
(970)e4s-2233 * FAX (970) e4s-2300
davidd @ do4s.onpine.cqm
MATERI,AIS AND EOUIPMENT
Water Supply and Distibution
Sewage Collection and Disposal
Drainage and Stabilizatior
Lawn, Turf and Ag. hrigation
.November 10,2015
Ms. Kathy Eastley, Staff Planner
Garfield County Building and Planning Department
108 Bth Street, Suite 401
Glenwood Springs, CO 81601
keastley @ garfield-county. com-
Dear Ms. Eastly,
As a business leader and property owner in the impacted area, I support the rezoning of parcel
2393-A72-00-031 from Residential-Suburban to Commercial-General because it meets the
requirements established by the County to justify rezoning and, more importantly, the type of
development described in the application would be a great benefit to oru community.
There has been considerable residential development throughout the Roaring Fork Valley, but
concurrent and supplementary commercial retail development has not kept pace, leaving these
new residential communities with limited access to retail facilities. Key to the success of modem
residential developments are commercial destinations that are conveniently located in proximity
to the residential and that provide the types of goods and services that residents demand. Existing
commercial uses in the vicinity - such as contractors' offices, CNG sales, and a lumber yard * do
not meet the everyday shopping needs of residents in the Roaring Fork Valley. Rezoning this
property will allow for development of the types of commercial uses that the market demands,
will help create a sense of community, and will make the area more attractive to residents.
Therefore, the rezoning will meet a community need by helping to tie the local community
together around accessible retail and employment opportunities.
Moreover, rezoning the property to commercial fulfills many of the County's goal, such as
reducing cross-county traffic by locating employment and retail opporturities near affordable
housing and diversifying the economic and employment base. Achieving these goals not only
benefits the County, but makes the area more attractive to new residents.
Finally, this property is naturally suited for cornmercial rather than residential development.
Given its proximity to State Highway 82, excellent visibility, and developable terrain, its highest
and best use is for large format retail. Many adjacent parcels are already zoned cornmercial, and
a number of commercial entities exist in the immediate vicinity. Rezoning this parcel to
commercial would be compatible with existing adjacent uses and would fit an existing pattern of
zoning and development. Adjacent and nearby businesses would benefit from the additional
commercial development and residents would have convenient shopping options. This is, in fact,
JAff i 2 z0t6
January 8, zo16
Garfield County Planning and Zoning Commissioners
Garlield County Board of Commissioners
ro8 8th Street, Suite 4or
Glenwood Springs, CO 816or
Dear Commissioners,
I am raniting as a business owner and Garfield County resident, who is interested in
seeing onr community grow and prosper. Therefore, I support the application for
rezoning parcel 2393-o7z-oo-o3 as submitted by Garfield County Commercial
Investments, LLC. I feel that the application meets the county's requirements for
rezoning, and senres the needs of the local community.
Several adjoining parcels, to the north, east, and southeast are already zoned as
commercial, and the location is, in fact, perfectly suited for commercial, retail
development. It has great visibility and access from State Highway Bg, and sees a
significant amount of vehicle traffic. Several existing commercial businesses are
established in the immediate area, though none feature the tlpe of large retail business
that this location will attract, and which would serve the needs of local residents.
I also feel that rezoning this parcel will satisfy the goals and objectives of the County
Comprehensive Plan, among which are attracting new residents and businesses,
reducing cross-county traffic, and building up the economic base of the county. 7-ormg
this parcel as commercial and allowing retail development will make the surrotrnding
communities more attractive to newcomers, as theywill have access to shopping and
other services. Cross-county traffic will be reduced by allowing the building of retail
stores close to the communities they wiil be serrring. And bringing in new retaii
businesses will bring jobs and new revenue, contributing to the economic growth of the
County as a whole.
Sincerely,
Oe>
Dave Malehorn
Pro Auto Glenwood Springs
EXHIBIT
JAN t 2Zr,$
November 11, 2015
Kathy Eastley, Staff Planner
Garfield County Building and Planning Department
l-08 8th st., suite 401
Glenwood Springs, CO 81601
Itea$jsv-@ff-tti e Ld:sp-urillsqm
Dear Ms. Eastly,
I support the rezoning of parcel 2393-072-00-03 from Residential-suburban to Commercial-
general, because it will benefit the county as a whole, and the communities in its vicinity
specifica lly.
Allowing commercial development on this property will help the county attract the kind of high-
quality retail businesses that will meet the demand generated by a growing population, and
provide jobs and tax revenue. This is one of the only locations available in the countythat can
offer high quality retail businessesthe visibility, access to and from a major highway, and
proximity to a new and growing residential area that they require to prosper. The property is
nearly idealfor thls type of business, and the addition of large-scale retail stores to the area will
provide local residents an access to these type of services that they currently need to travel
great distances for, and will complement the existing commercial development adjacent to the
parcel.
Bringing in large retail businesses will also have positive tax benefits to the county, as property
taxes will generate revenue to help Garfield County maintain rcads anC bridges, fund public
schools, continue to provide the high standard of police, fire, and emergency medical service
that we are accustomed to.
Local communities will benefit from having retail services within close proximity. As it stands,
residents moving in to the new communities being developed in the Roaring Fork Valley need
to either drive a considerable distance to meet their day-to-day retail needs, or drive into Eagle
or Pitkin Counties. This, of course, denies Garfield Countythe benefit of their shopping dollars.
Rezoning this property for commercial-general will allow the kind of retail stores that the local
populous demands to be established within the County, and to serve County residents,
EXHIBlTT
ROARING FORK WATER AND SANITATION DISTRICT,
CARBONDALE INVESTMENTS, LLC, AND
GARFIELD COTINTY COMMERCIAL INVESTMENTS, LLC
PRE.INCLUSION AGREEMENT
This Pre-Inclusion Agreement (this "Agreement") is made and entered into as of the last
date written below (the "Effective Date"), by and betrveen the Roaring Fork Water and
Sanitation District, a Colorado special district ("Districf'), Carbondale Investments, LLC
("CI"), and Garfield County Commercial Investments, LLC ("GCCI"), herein referred to as the
"Parties."
RECIIALF-
A. The District is a Colorado special district, organized and operating under authority
of C.R.S. $$ 32-1-101 et seq., and the District's Senice PIan ordered and decreed by the
Garfield County District Court in Case No. 94CV29, as amended by the Service Plan
Amendment dated December 2A00, and approved by the Board of County Commissioners for
Garfield County on May 7 ,2007, under Resolution No. 2001-28 (collectively, the ' Service
Plan") and the RFV/SD Rules and Regulations (the "Rules and Regulations") promulgated
thereunder, for the pulpose of providing water and sewer service in Garfield County, Colorado.
B. CI is the orvner and is the developer of that real property located in Garfield
County, Colorado, more particularly described in Exhibit Aattached hereto and incorporated
herein by this reference ("Cf Property") and generally depicted on the map attached as Exhibit
B, which real property CI desires to have included within the District's boundaries in order to
receive water and sewer service from the District.
C. GCCI is the owner of that real property located in Garfield Counry, more
particularly described in Exhibit C attached hereto and incorporated herein by this reference
("GCCI Property") and generally deprrcted on the map attached as Exhibit B, which real
propefiy GCCI desires to have includeii rvithin the District's boundaries in order to receive water
and sewer service from the District.
D. The District has determined tlat the CI Property and GCCI Property each
constitllte "[r]eal property capable of being served by the facilities of the District . . ." as that
phrase is used in C.R.S, $ 32-l-401, for purposes of the inclusion of real property within a
special district.
E. cI has applied to Garfield County, Colorado (the "county"), for approval of
planned unit development zoning ('?[ID") for approxim ately 366 total dwellirg ,nits, together
with approximately 10,000 square feet of community center space, and necessary utility and
maintenance buildings (the "Cf Project"). Subsequent to PUD and Preliminary plan approval,
CI will apply to Garfield County, Colorado for approval of final plats for phases of the p-UD.
The development contemplated by the CI Project shall not total more than 375 EeRs as defined
in the Rules and Regulations.
. F. GCC1anticipates in the future developing the GCCI Property for residential
and/or commercial uses (the "GCCI Projeet") but has no immediate plans for the development
of the GCCI Property.
G. CI and GCCI desire to receive water service from the District for all in-house
residential and commercial development on the Cl Property and GCCI Property (collectivelY, the
"Entire Property"), not to exceeil375 EQRs on each property, together with up to seven (7)
acres of incidental irrigation within the Entire Property associated with residential dwellings,
community aIeas, commercial areas and other miscellaneous outdoor uses.
H. The Parties desire to set forth in this Agreement the circumstances under which
CI and GCCI each may petition for inclusion of its property into the District, and to set forth the
rights and obligations of tne party that is first ready (the "First Developer") to develop and
inilude its property (the "First Property") within the boundaries of the District and the rights
and obligationi of the other party (the "second Developer") to include its property (the "Second
Properf "; within the boundaries of the District. The term "Developer" is sometimes used in
this Agriement to identify the rights and obligations of both the First Developer and Second
Developer regardless of the order of inclusion of the properties within the boundaries of the
District.
I. CI and the District have prosecutcd to conclusion the application in Case No.
0BCW198 and the amcnded application in Case No. 07CW164, Water Division No. 5, and have
obtained decrees which both Cl and the District have reviewed and approved. Upon inclusion of
the First Property (as defined belorv) within the District" CI shail convey to the District the water
rights and plan for augntentation decreed in Cases Nos. 01CW187,08CW198 and 07CW164,
and assign that porlion of its rights under the Basalt Water Conservancy District contract
necessary to serue the First Property in order to allow the District the legal ability to provide
water service hereunder.
J. CI and GCCI each desire to receive sanitary sewer and wastewater treatment from
the District upon the terms set forth herein.
K- Requirements and procedures for the inclusion of property into the District are set
forth in C.R.S. $$ 32-1-401 et seq. and the Service Plan. Pursuant to C.R.S . g 32-1-402(1Xc),
agreements may be entered into "[b]etween a board and the owners of property sought to be
included in a special disrrict with respect to fees, charges, terrns and conditions on which such
property may be included."
L. The District is authorized by C.R.S. $$ 32-1-1001(1Xd) and 31-35-4O2(1)(t) to
require reimbursement of its oufof-pocket costs in providing services to the District's customers,
including but not limited to, sewer and water connections, inclusions to the District and planning
and review of line extensions.
M. The District and CI have entered into a Ietter agreement dated April 29,2AtA (he
"Reimbursement Letter"), which Reimbursement ktter has governed the reimbursement by CI
t
{
{
of the acfual costs incurred by the District relating to the inclusion of the CI Property. In
addition, pursuant to the Reimbursement Letter, CI has replenished in fulI its initial deposit to the
District of Twenty-Five Thousand and No/l00 Dollars ($25,000.00) (the "CI Deposit"). The
Parties desire that as of the Effective Date the payment and reimbursement provisions of this
Agreement shall govern in lieu of such provisions in the Reimbursement Letter
N. Inclusion of the CI Property and/or the GCCI Property within the District and the
provision thereafter of domestic water service and sewer service by the District upon the tems,
conditions and provisions of this Agreement is consistent with and satisfies all requir-ements
under the Service Plan, including but not limited to all policies relevant to the provision of water
service to the Regional Service Area as defined therein and all applicable Rules and Regulations
promulgated by the District thereunder. The District is or rvill be rcady, willing and able to
provide water and sewer service rvhen needed to the CI Property and the GCCI Property, on the
terms set forth in this Agreement, and pursuant to its authority, its Service Plan, its Rules and
Regulations, and any other of its policies.
O. The Entire Property was subject to that agreement entitled River Bend Colorado
Pre-Inclusion Agreement between the District and River Bend Colorado, LLC, recorded at
Reception No. 757074 (the "River Bend Agreement"). CI acquired the Entire Property through
foreclosure and subsequently conveyed to GCCI the GCCI Property. As such, the River Bend
Agreement was extinguished and is no longer in effect.
P. The District is amenable to addressing in this Agreement the inclusion of both
properties given that the CI Property and GCCI Property both were previously the subject of pre-
inclusion agreements rvith the District, and that extending service to the Entire Property is
contemplated by the Service Plan and would be beneficial to the District.
AGREEMENT
ARTICLE 1
INCLUSION OF PROPBRTY WITHIN THE DISTRICT
1.1 Inclusion within the District. CI and GCCI each shall file with the District
pErsuant to C.R.S. 5 32-l-401 a petition to include the entirety of either the CI property or the
GCCI Property, as applicable, within the boundaries of the District prior to obtaining approval of
the County of a final plat for its propeny. Upon the District's receipt of a petition for inilusion,
the District shall perform all necessary steps required by law to include the CI property or GCCI
Property, as applicable, within the boundaries of the District including, but not limited to, the
holding of public meetings, and, if the petition is granted, obtaining an order of inclusion from
the Garfield County District Court and filing and recording said order with the Garfield County
Clerk and Recorder, the Garfield County Assessor and the State of Colorado Division of Local
Government. Said filings shall be complete before the date of the recording of said final plat
within the subject property. If despite good faith efforts the District is unable to obtain the order
or orders of inclusion above described or if said order or orders fail in any maierial respect to
comply with the terms, provisions and conditions set forth in this Agreement, then the parries
shall in good faith negotiate to amend this Agreement or otherwise cure any defects that caused
the failure to obtain the inclusion. If the Parties are unable to reach such agreement, then this
Agreement shall terminate; provided, however, that the provisions in the following Puagtaph 7-2
shall survive such termination.
1.2 Reimbursement olDistrict Costs. Except as otherwise provided in this
Agreement, Developer shall reimburse the District for all actual costs incurred by the District
directly relating to inclusion of its property within the boundaries of the District and the District's
review of plans and specificafions for the Facilities required hereunder to be constrttcted for its
project, including engineering, legal, inspection, fiiing or recording fees and related expenses.
Additionally, CI shall reimburse the District for all actual costs incurred by the District relating
to the District's participation in Cases No. 08CW198 and A7CW1.64, Water Division No. 5
(collectively, the "District Costs"). Except as otherwise provided in this Agreement, CI and
GCCI each shall reimburse the District for all such actual District Costs upon its receipt of
itemized billings for those services from the District. If CI fails to reimburse or provide written
objection to an itemized billing on or before sixty (60) days after the date CI receives a bill
lherefor, then the District may draw upon the CI Deposit to cover the subject District Costs. The
District shall keep the CI Deposit in a separate account of its choosing; provided that the District
shall return the CI Deposit, Iess any District Costs owed and outstanding to the District, to CI
upon completion of the First Developer Off-Site Water Facilities and First Developer Off-Site
Sewer Facilities (as such terms are defined below) if CI is the First Developer, or, upon
completion of the Second Developer Off:Site Water Facilities and Second Developer Off-Site
Sewer Facilities (as such terms are defined below) if CI is the Second Developer. As of the
Effective Date, the payment and reimbursement provisions of this Paragraph 1.2 shall govern
and such provisions of the Reimbursement Letter shall be of no further force and effect. Prior to
submission to the County of any development plan for the GCCI Property, GCCI shall provide
the District with a deposit in the amolrnt of Twenty-Five Thousand and No/l00 Dollars
($25,000.00) (the "GCCf Deposit"), which GCCI Deposit shall be subject to the provisions of
this Paragraph 1.2 as it pertains to the CI Deposit for reimbursement of the District Costs
associated with the GCCI Property and development plan.
1.3 District Charges. Upon the effective date of its inclusion within the boundaries of
the District, the CI Property and GCCI Property, as applicable, shall be subject to the provisions
of C.R.S. S 32-1'402. including without limitation all of the taxes and charges imposed by the
District, and parties receiving water and sewer service shall be liable for their proportionate share
of the annual operation and maintenance charges and the cost of the facilities of the District. The
District shall charge any and all service billings or charges, as the same are defined under the
Service PIan and Rules and Regulations, against that portion(s) of the CI Property and GCCI
Property that has been finally platted on a lot-by-lot basis solely on the same terms and
conditions as other property within the District, and as determined by the Rules and Regulations
then in effect, reserving to the District the right to put all or various portions of the CI Property
and GCCI Property into service areas as provided in C.R.S.$ 32-1-1006.
1.4 District Service. The District shall make available and shall agree to serve the CI
Property and GCCI Property upon the effective date of the properry's inclusion within the
4
C
o
{t
{boundaries of the District the requested domestic water and sewer service, subject to the terms,
provisions and conditions set forth in this Agreement, the Service Plan, and the Rules and
Regulations.
ARTICLE 2
}YATER FACILITIES EXTENSION AND TAP FEE PAYMENTS
2.1, First Dgveloper's Construction of Off-Site Water Facilities. Prior to connection
to the District's water facilities the First Developer shall design, fund and construct the following
off-site water facilities (collectively, the "First Developer Off-Site lYater Facilities"), subject
to Paragraph 2.9 with respect to the konbridge Line and Alternative Line (defined below):
2.1.I The Ironbridge Connection through the Teller Springs Subdivision for the
District water main (the "Ironbridge Line," shown, together rvith the First Developer Off-Site
Water Facilities described in Paragraphs 2.1.2 through 2.1.4, on Exhibit D) or such alternative
line (the "Alternative Line") as may be determined by the District, in its sole discretion,
provided, however, that the First Developer's obligation shall be limited to a line extension of no
more than 2,6A0 feet of 12 inch diameter and shall not include any requirement to cross the
Roaring Fork River;
2.1.2 The State Highlvay 82 water transmission line;
{ 2.1.3 The County Road 109 water transmission line (the "CR 109 Line");
2.1.4 Subject to Paragraphs 2.1.4(a) through (c) below, a 400,000 gallon buried
concrete water storage tank (the "Water Storage Tank") to be sited on property for which CI
holds an easement (the "Tank Site") described, together with its associated access easements,
and generally depicted on the attached Exhibit E; and
(a) If GCCI is the First Developer, CI shall assign its rights in the
Tank Site and access easements to GCCI so that GCCI may construct the Water Storage Tank.
(b) Upon completion of the Water Storage Tank, the First Developer
shall assign its rights in the Tank Site and access easement to the District so that the Disnict may
operate, maintain, repair and replace the Water Storage Tank. Notwithstanding the foregoing,
any excess capacity in the Water Storage Tank shall be reserved for the Second Property and
rights to access and construct a second 400,000 gallon buried concrete water storage tank (the
"Second Water Storage Tank") otr the Tank Site, shall be reserved to the SecondDeveloper.
(c) Final design for the Water Storage Tank (the "Final Plan for theFirst Tank") shall be subject to the District's prior approval, which approval shall not be
unreasonably conditioned, delayed, or withheld. The Final Plan for the First Tank shall
demonstrate that the Tank Site is of sufficient size to accommodate the Water Storage Tank and
the Second Water Storage Tank.
L 5
2,1.5 Only if GCCI is rhe First Developer, the First Developer Off-Site Water
Facilities shali include the water distribution line through the CI Property as shown on Exhibit F
that is necessary to connect the GCCI Property to the other First Developer Off-Site Water
Facilities.
2.2. Second Developer's Constructibn of Off-Site Water Facilities. The Second
Developer shall, prior to connection to the District's water facilities, design, fund and constrllct
the foll;wing off-srte water facilities (collectively, the "second Developer Off-Site lVater
Facilities"):
2.2.1 Subjecr to Paragraphs 2.2.1(a) through (c) beloiv,lhe Second Water
Storage Tank to be siled on the Tank Site; and
(a) The Second Developer indemnifies and holds the District harmless
from any and all damages,liens, claims, and liabilities which are incurred by the District and
which arise out of the exercise by the Second Developer of its rights set forth in this Section 2.2,
except to the extent such damages, liens, claims, or liabilities arise out of the negligent or
intentional act or omission of the District.
(b) Final design for the second water storage Tank shall be subject to
the District's approval, which approval shall not be unreasonably delayed, conditioned, or
withheld.
(c) Upon completion of the Second Water Storage Tank, the Second
Developer shall assign its rights in the Tank Site and access easements to the District so that the
District may operate, maintain, repair and replace the Second Water Storage Tank.
2.2.2 A surface water treatment plant to be designed and constructed by the
District at the Second Developer's expense or a similar alternative source of supply of equivalent
cost (either, ar "Alternative Supply") necessary to accommodate the 375 EQRs of the Second
Property. At the time of development of the Second Property, the Second Developer shall fund
the engineering, planning, permitting, design, andJor construction of the Altcrnative Supply to be
constructed and operational prior to connection. The District shall determine at the time of 1*t
Final Plat for the Second Property the extent and configuration of the Alternative Supply and the
appropriate funding mechanism to be imposed on the Second Developer to secure the same.
Developer shall not be required to fund the design or construction of any water facilities that are
not required to service the Second Property, provided however, that this provision shall not
prohibit the District from requiring the Developer to oversize certain facilities and for which
Developer may seek reimbursement from outside parties pursuant to Article 6.
2.3 On-Site Water Facilities. The First Developer and Second Developer shall, prior
to connection of its property to the District's water facilities, design, fund and construct, all water
distribution mains, lines and service connections within the boundaries of its property necessary
to provide domestic water service and fire protection to residential lots and to other lots or tracts
proposed for habitable buildings as part of the development of its property (for each property, the
n
C
{
{
t
"On-Site lVater Facilities"). The On-Site Water Facilities required for the CI Property are
generally depicted on the attached Exhitrit G. The general design and location of the On-Site
Water Facilities for the GCCI Property shall be determined at the time GCCI submits to the
County a preliminary subdivision plan for development of the GCCI Property. Notwithstanding
anything to the contrary contained in this Agreement, Developer shall not be required to design,
fund, construct, or provide security for On-Site Water Facilities necessary to service a phase of
its project unless and until such phase receives final plat approval; provided however, that this
provision shall not prohibit the District from requiring the Developer to oversize certain facilities
and for rvhich Developer may seek reimbursement from outside parties pursuant to Article 6.
2.4 Permits. All required permits for the First Developer Off-Site Water Facilities
and the On-Site Water Facilities for the First Property shall be secured by the First Developer, at
the First Developer's cost, except that location and extent approval by Garfield County pursuant
to C.R.S. S 30-28-110 (the "Location and Extent Approval") shall be secured by the District, at
the First Developer's cost; provided, however, that required permits for the konbridge Line or
the Alternative Line, as applicable, including the Location and Extent Approval, shall be secured
by the District, at the District's cost subject to Paragraph2.9, below. All required permits for the
Second Developer Off-Site Water Facilities and the On-Site Water Facilities for the Second
Property shall be secured by the Second Developer, at the Second Developer's cost, except that
the Location and Extent Approval, if any, shall be secured by the District, at the Second
Developer's cost. The District shall cooperate in good faith rvith Developer in obtaining all
permits and approvals required for the First Developer Off-Site Water Facilities, the Second
Developer Off-Site Water Facilities, and the On-Site Water Facilities (coliectively, the "Water
Facilities"), which cooperation shall include, without limitation, signing or co-signing
applications for permits or other approvals as the owner of the property within which the Water
Facilities u,ill be located or as the future transferee of such Water Facilities.
2.5 Required Rights-of-Way. The First Developer and the Second Developer each
shall use good faith and commercially reasonable efforts to obtain, at its cost, all required rights-
of-way or easements for the First Developer Off-Site Water Facilities and Second Developer
Off-Site Water Facilities, as applicable, where located outside existing rights-of-way and
easements, property owned by the subject Developer, and property owned by the District;
provided, however, that in the event Developer in its reasonable discretion determines that it is
unable to acquire easements from a public entity, the District shall exercise its powers to request
use of easements and rights-of-way held by other public entities. In addition, a Developer shall
secure or transfer to the District required easements across the property of the other Deveioper.
Except with regard to required easements across the property of the other Developer, in the event
a Developer cannot acquire any easement or right-of-way from a private party necessary for
construction of any First Developer Off-Site Water Facility or Second Developer Off-Site Water
Facility, the District may, in its sole discretion, acquire the easement or right-of-way through its
powers of eminent domain, at Developer's cost, in a timely manner so as to allow for
construction of the First Developer Off-Site Water Facilities and Second Developer Off-Site
Water Facilities, as applicable, by Developer in conjunction with its development.
Notwithstanding the foregoing, existing easements and rights-of-way shall be utilized wherever
practicable. Additionally, notwithstanding the foregoing, the District shall be responsible for
7
eobtaining, at its cost, all required rights-of-u.,ay or easements for the Ironbridge Line or the
Alternative Line, as applicable, subject to Paragraph 2.9, below. The District hereby
acknowledges that it has all rights-of-way and/or easements required for the construction of the
CR 109 Line between the "Proposed Point of Connection" and the western edge of the "River
Crossing" as shown on Exhibit D and that the First Developer shall have no obligation to obtain
any rights-of-way or easements for that portion of the CR 109 Line.
2.6 Securit), fo.r Water Facilities. Subject to Paragraph 5.3, Developer shall deliver to
the District, on or before the date of recording the first final plat for its property that contains a
lot or tract that requires central water or central sewer service (each a "l" Final Plat"), in its
discretion, security in the form of a letter of credit or a cash escrow to ensure completion of the
First Developer Off-Site Water Facilities or the Second Developer Off-Site Water Facilities, as
applicable, and those certain On-Site Water Faciiities necessary to service the residential lots and
other lots and tracts proposed for habitable buildings on the 1't Final Plat for its property. On or
before the date of recording each final plat thai is approved for a phase of development
subsequent to the 1" Final Plat for its property, Developer shall, in its discretion, provide to the
District security in the form of a letter of credit or a cash escrow to ensure the completion of the
On-Site Water Facilities necessary to service the property included within such final plat.
Notwithstanding anything to the contrary contained in this Agreement, Developer shall not be
required to provide security for or to construct On-Site Water Facilities necessary to service a
phase of development of its property unless and until such phase receives final plat approval.
Upon completion of the Water Facilities for a given phase (or sub-phase), the District shall
promptly notify the County of the same to ensure the County's prompt release of residential
building permits.
2.7 Partial Waiver gf Tap Fees. In exchange for construction of the Water Facilities
applicable to its project, Developer shall be deemed to have paid the District's water tap fees for
development within its property. Provided, however, that within thirty (30) days after approval
of each final plat for a phase of developrnent within its property, Developer shall pay to the
District a fee equal to five percent (SVo) of the District's fhen current water tap fee for each unit
approved in each such final plat. Notwithstanding the foregoing, Developer shall not be required
to pay tap fees for units within a phase of its project unless and until such phase receives final
plat approval.
2.8 Obligation to Provide Facilities-. Construction by the First Developer of the First
Developer Off-Site Water Facilities and the On-Site Water Facilities required for the First
Property shall satisfy in furll the First Developer's obligation to provide facilities for potable
water for 375 EQRs of water demand and the First Developer shall have no further obligation to
participate in funding, designing, and"/or constructing other sources of water supply, including
without limitation a surface water treatment plant. Construction by the Second Developer of the
Second Developer Off-Site Water Facilities and the On-Site Water Facilities required for the
Second Property shall satisfy in full the Second Developer's obligation to provide facilities for
potable water for 375 EQRs of water demand and the Second Developer shall have no further
obligation to participate in funding, designin g and/or constructing other sources of water supply.
e
(
{
2.9 Costs and Completio4 of the konbridge Line or Alternative Line.
Notwithstanding anything to the contrary contained in Paragraphs2.4 and2.5,tie costs incurred
by the District in (i) acqgiring the rights-of-way and easements required for the construction and
maintenance of and access to the Ironbridge Line or the Alternative Line, as applicable, and (ii)
obtaining permits for the construction of the Ironbridge Line or the Alternative Line, as
applicable, shall not exceed two-hundred thousand dollars ($200,000.00) (either, the
"Ironbridge Cost Cap"); provided, holvever, that attorneys' and consultants'costs and fees and
appraisal costs and fees shall not be included in the calculation of the Ironbridge Cost Cap. Any
costs for acquiring the rights-of-way and easements for the Ironbridge Line or the Alternative
Lile, as applicable, and for obtaining permits for the construction of the Ironbriclge Line or the
Alternative Line, as applicable, in excess of the konbridge Cost Cap shall be borne by First
Developer. [n addition, notwithstanding anyhing to the contrary contained in this Agreement,
the First Developer shall not be required to complete construction of the konbridge Line or the
Alternative Line, as applicable, prior to or as a precondition for connection to the District's water
facilities so long as the First Developer has provided to the District security for the konbridge
Line or the Alternative Line, as applicable, in accordance with Paragraph2.6 and is proceeding
diligently toward completing construction of the same.
ARTICLE 3
WATER RIGHTS AND PERMITS
3.1 Water Rights Applications. CI and the District have prosecuted to conclusion the
application in Case No. 08CW198 and the amended application in Case No. 07CW164, Water
Division No. 5, and have obtained decrees rvhich both CI and the District have reviewed and
approved.
3.2 Water Rights De{ication. Within thiny (30) days after the date of the entry of the
order of inclusion including the First Property within the District as provided in Paragraph i.1,
CI and GCCI shall convey to the District by quitclaim deed and appropriate assignment, the
water rights and plan for augmentation decreed in Cases No. 01CWi87,08CW198 and
07CW164, and that portion of CI's interest in the Basalt Water Conservancy District Water
Allotment Contract No. 381b ("Basalt Contract") necessary to serve the First Property. The
District shall have no obligation to provide water service to the First Property until CI has made
such conveyance and assignment. Upon such conveyance and assignment, the First Property and
Second Property each shall have credit for up ta 375 EQRs of water service from the District
without the need for any further water rights dedication. Upon conveyance of additional portions
of the Basalt Contract, CI and GCCI shall coilectively be entitled to additional water supply
credits up to a total of 1,200 EQRs for the Entire Property. From and after the date of such
conveyance and assignment, the District shall be responsible for all actions necessary to maintain
such water rights and its portion of the Basalt Contract, including without limitation filing
applications for findings of reasonable diligence and maintaining its portion of the Basalt
Contract in full force and effect. CI and GCCI agree to cooperate with the District, and to
participate as co-applicants, and at their own cost, in fufure water court proceedings requesting
findings of reasonable diligence or to make conditional water rights absolute for those water
rights decreed in Cases No. 0iCW187, 08CW198 or 07CW164. The District shall not amend or
9L
change the rvater rights subject to the decree in Cases No. 01CW187,08CW198 or 07CW164 so (
as to reduce or diminish the amount or timing of water service to the CI Property and GCCI
PropefiY.
3.3 District Well Permits. The District shall immediately commence and in good
faith timely prosecute efforts to assure that the well permits for the Coryell and Aspen Glen
Wells, owned and operated by the District, are adequate to allow for water service to be provided
from such wells to and within the Entire Property-
ARTICLE 4
SANITARY SEWER AND WASTE1VATER TREATMENT FACILITIES
4.1 Construction of Off-Site S_eyer Facilities by First Developer. The First Developer
shall, prior to comection to the District's sanitary sewer facilities, design, fund and construct the
following off-site sanitary sewer facilities (collectively, the "First Developer Off-Site Sewer
Facilities"):
4.1.1 The sewer main shown on the attached Exhitrit H;
4.1.2 The lift stations shorvn on Exhibit H; provided, however, that the First
Developer shall be obligated to design, fund, and construct the "Optional Major Lift Station"
depicted on Exhibit H if it is determined by the District's engineer at the time of the 1't Final Plat
for the First Property that, based on the anticipated development plans for the First Property and
Second Property, the Optional Major Lift Station is necessary to maximize the efficiency, cost
effectiveness, and maintainability of the sanitary sewer system, specifically including, without
limitation, the sewer main crossing across Cattle Creek; and
4.L.3 Only if GCCI is the First Developer, the sewer facilities on, over, under,
and./or through the CI Property as shown on Exhibit I that are necessary to connect the GCCI
Property to the other First Developer Off-Site Sewer Facilities.
4.2 Construction of Off-Site Sewer Facilities by Second Developer. The Second
Developer shall, prior to connection to the District's sanitary sewer facilities, design, fund, and
construct enhancements to the existing lift station(s) and ancillary facilities necessary to provide
sewer service to the Second Property. Notrvithstanding the foregoing, the District shall not
require the Second Developer to fund, design, or construct sewer facilities that are not required
for the development of the Second Propertli provided however, that this provision shall not
prohibit the District from requiring the Developer to oversize certain facilities and for which
Developer may seek reimbursement from outside parties pursuant to Article 6.
4.3 On--Site Sewer Facilities. The First Developer and Second Developer shall, prior
to connection of its property to the District's sewer facilities, design, fund, and construct, all
sewer mairs, lines, lift stations, and appurtenant facilities necessary to provide sewer service to
any residential lot and to other lots or tracts proposed for habitable buildings as part of the
development of its property (for each property, the "On-Site Sewer Facilities"). The On-Site
10
C
r)
Server Facilities required for the CI Property are generally depicted on the attached Exhibit J.
The general design and location of the On-Site Server Facilities for the GCCI Properry shall be
determined at the time GCCI submits to the County a preliminary subdivision plan for
development of the GCCI Property. Notivithstanding anything to the contrary conrained in this
Agreement, Developer shall not be required to design, fund, or construct, or provide security for
On-Site Sewer Facilities necessary to sen'ice a phase of its project unless and until such phase
receives final plat approval.
4.4 Permits. All required permits for the First Developer Off-Site Sewer Facilities
and the On-Site Sewer Facilities for the First Properry shall be secured by the First Developer, at
the First Developer's cost, except that Colorado Department of Public Health and Environment
("CDPHE") site application approvals required for the lift station(s) and Location and Extent
Approval, shall be secured by the District, at the First Developer's cost. All required permits for
the Second Developer Ofi'-Site Sewer Facilities and the On-Site Sewer Facilities for the Second
Property shall be secured by the Second Developer, at the Second Developer's cost, except that
CDPHE site applications, if any, and Location and Extent Approval, if any, shall be secured by
the District, at the Second Developer's cost. The District shall cooperate in good faith with
Developer in obtaining all permits and approvals required for the First Developer Off-Site Server
Facilities, the Second Developer Off-Site Sewer Facilities, and the On-Site Sewer Facilities
(collectivelY, the "Sewer Facilities"), rvhich cooperation shall include, without limitation,
signing or co-signing applications for permits or other approvals as the otvner of the property
within rvhich the Sewer Facilities will be located or as the future transferee of such Sewer
Facilities.
4.5 Required Rights-of-Wav. The First Developer and the Second Developer each
shall use good faith and commercially reasonable efforts to obtain, at its costs, all required
rights-of-way or easements for the First Developer Off-Site Sewer Facilities and Second
Developer Off-Site Sewer Facilities, as applicable, where located outside existing rights-of-way
and easements, property owned by the subject Developer, and property owned by the District;
provided, however, that in the event Developer in its reasonable discretion determines that it is
unable to acquire easements from a publ-ic entity, the District shall exercise its powers to request
use of easements and rights-of-way held by other public entities. In addition, a Developer shail
secure or transfer to the District required easements across the property of the other Developer.
Except with regard to required easements across the property of the other Developer, in the event
a Developer cannot acquire any easement or right-of-rvay, from a private party necessary for
construction of any First Developer Off-Site Sewer Facility or Second Developer Off-Site Sewer
Facility the District may, in its sole discretion, acquire the easement or right-of-way through its
powers of eminent domain, at Developer's cost, in a timely manner so as to allow for
construction of the First Developer Off-Site Sewer Facilities and Second Developer Off-Site
Sewer Facilities, as applicable, by Developer in conjunction with its development.
Notwithstanding the foregoing, existing easements and rights-of-way shall be utilized wherever
practicable.
4.6 Security for Sewer Facilillei. Subject to Paragraph 5.3, Developer shall deliver to
the District, on or before the date of recording the l't Final PIat for its property, in its discretion,
11
(
security in the form of a letter of credit or a cash escrow to ensure completion of the First
Developer Off-Site Sewer Facilities or the Second Developer Off-Site Sewer Facilities, as
applicable, and those certain On-Site Sewer Facilities necessary to service the residential lots and
other lots and tracts proposed for habitable buildings on the 1't Final Plat for its property. On or
before the date of recording each final plat that is approved for a phase of development
subsequent to the 1't Final Plat for its property, Developer shall, in its discretion, provide to the
District security in the form of a Ietter of credit or a cash escrolv to ensure the completion of the
On-Site Sewer Facilities necessary to service the property included within such final plat.
Notwithstanding anything to the contrary contained in this Agreement, Developer shall not be
required to provide security for or to construct On-Site Sewer Facilities necessary to service a
phase of development of its property unless and until such phase receives final plat approval.
Upon completion of the Sewer Facilities for a given phase (or sub-phase), the District shall
promptly notify the County of the same to ensure the County's prompt release of residential
building permits.
4.1 Wastewater Treatment Plant Expansion. Subject to the requirements of this
Paragraph 4.7 , (i) the First Property shall be entitled to receive wastewater treatment service
from the District's wastewater treatment plant for up to 375 EQRs and (ii) the District shall be
responsible, at CI's and/or GCCI's cost, for engineering, planning, permitting, and constructing
an expansion of the District's wastcwater treatment plant at the location shown on Exhibit H to a
capacity necessary to accornmodate the development of the First Property (the "WWTP
Expansion").
4.7.1 The District shall cofirmence preparation of the engineering, planning, and
design processes required for the WWTP Expansion (the "Expansion Plans"), which preparation
the Parties acknowledge will take approximately one (l) year to complete, upon the earlier of:
(a) The District's receipt of written notice from CI to comrnence
development of the Expansion Plans; provided, however, that CI shall provide the District with
such notice within a reasonable time from CI obtaining approvals from the County of the PUD
and Preliminary Plan, but prior to CI filing a petition for inclusion of the CI Property within the
District; or
(b) GCCI obtaining approval of a planned unit development plan and
preliminary plan for the GCCI Property.
4.7.2 For purposes of this Section 4.7.2, CI shall be deemed the Developer in
the event commencement of the Expansion Plans is triggered by Section 4.7 .1(a), and GCCI
shall be deemed the Developer in the event commencement of the Expansion Plans is triggered
by Section 4.7.1(b). Developer shall be responsible for the costs incurred by the District in
preparing the Expansion Plans. The District shall provide Developer with written monthly status
reports regarding the District's progress in preparing such plans; provided, however, that prior to
commencing work on the Expansion Plans, the District shall obtain Developer's written
approval, which approval shall not be unreasonably withheld, of the District's budget for
preparing the Expansion Plans (the "Design Budget"). The WWTP Expansion shall be designed
O
T2
r
{
t
and constructed consistent with and shall not require improvements or facilities in excess of
those which are described in Exhibit K unless otherwise approved by Developer. As part of
preparing the Expansion Plans, the District shall also secure all required permits for the WWTP
Expansion, including, without limitation, CDPHE site application approvals and Location and
Extent Approval at Developer's cost. The District shall obtain Developer's written approval of
the Expansion Plans, which approval shall not be unreasonably withheld. Provided that
Developer has approved the Design Budget and the District complies with the sarne, Developer
shall reimburse the District for the actual costs it incurs in preparing the Expansion Plans on or
before sixty (60) days after the date Developer receives a bill therefor. In the event Developer,
as defined under this Section 4.7.?, is not the First Developer, Developer may recover its costs
from First Developer for the preparation of the Expansion Plans. On or before thirty (30) days of
the date Developer approved the Expansion Plans, the District shall prepare for Developer's
approval,'which approval shall not be unreasonably w'ithheld, the estimated costs and expenses
required to construct the WWTP Expansion in accordance with the Expansion Plans (the
"l,YlYTP Erpansion Cost Estimate ").
4.7 .3 On or before the date of the recording of the First Developer's I't Final
Plat, First Developer shall deposit with an eserow agent (the "Escrory Agent") funds in an
amount equal to one-hundred and ten percent (lIOVa) of the WI\ITP Expansion Cost Estimate, to
secure construction of the WWTP Expansion (as may be modified pursuant to Paragraph4.7.6,
the "W\YTP Escrort'ed Funds"). Any interest earned on the WI rTP Escrowed Funds shall be
part of the same. First Developer and the District shall mutually and reasonably agree on the
Escrow Agent and the terms of the escrow agreement, The escrow agreement shall provide,
among other things, that: (i) the District shall have the right, without obtaining First Developer's
prior approval, to drarv down on the WWTP Escrorved Funds up to the amount of the WWTP
Conslruction Budget (defined below); (ii) tire District shall provide First Developer with a
quarterly accounting of the District's costs and expenses related to the WWTP Expansion; and
(iii) upon the District's completion of the WWTP Expansion, any remaining WWTP Escrowed
Funds shall promptly be released to the First Developer.
4.1.4 Promptly following the First Developer's Deposit of the WWTP Escrowed
Funds with the Escrorv Agent, the District shall seek fixed price bids for the construction of the
W$rTP Expansion in accordance r.vith Colorado larv. If the bids received exceed the WWTP
Expansion Cost Estimate, the District shall not accept the lowest qualiried bid without the prior
written consent of the Firsl Developer, and the District shall at the request of the First Developer
reject all bids and re-bid the project; provided, however, that the District shall only be required to
re-bid the project two (2) times after the initial bidding process. If the bids received by the
District exceed the WWTP Expansion Cost Estimate after the third time the District has
requested bids, then the lowest qualified bid may be accepted and the District shall not be
required to re-bid the project. The amount of the accepted bid is referred to herein as the
"WWlf P Construction Budget. "
4.7 .5 On or before fifteen ( l5) days of First Developer's receipt of written notice
that a bid for the WWTP Expansion has been accepted by the District, the amount of the WWTP
Escrowed Funds deposited by the First Developer with the Escrow Agent shall be increased or
I3
decreased, as applicable, to an amount equal to one-hunfued and ten percent (l1O7o) of the
WWTP Construction Budget.
4.7.6 The District shall complete construction of the WWTP Expansion rvith
commercially reasonable diligence but not later theur eighteen (18) months after the District
accepts the bid for WWTP Expansion. In the event the District fails to complete construction of
the WWTP Expansion by such date, to the extent there exists capacity in the wastewater
treatment plant, the District shall provide service to the First Property from the wastewater
treatment plant's existing capacity until such time that the WWTP Expansion is completed.
4.7.7 To facilitate completion of the WWTP Expansion in accordance with the
Expansion Plans, the District may propose reasonable change orders to the First Developer for
review and approval. Within ten (10) days, or such lesser period as may be required under the
circumstances, of receiving notice and a copy of the proposed change order(s), the First
Developer shall either approve the same or propose an alternative(s), which alternative shall not
result in additional cost or unreasonable delay. A failure of the First Developer to respond
within said ten (10) day period shall be deemed to constitute an approval of any requested
change order. All approved change orders, including any change order deemed approved, shall
be incorporated into and become part of the Expansion Plans.
4.7 ,8 A "Cost Overrun" shall be any cost in excess of the cost identified in the
WWTP Construction Budget as reflected in an approved change order. If the District incurs a
Cost Ovemrn, the District shall immediately provide written notice to the First Developer of the
nature and extent of said Cost Overrun. The First Developer shall have five (5) business days
after receipt of such notice to provide a written objection to the Cost Ovemrn claimed, and
actually incuned, by the District. If no objection is provided within this time period, the First
Developer shall be deemed to have accepted such Cost Overun. If the First Developer provides
to the District written notice of its objection to a Cost Ovemrn within said five-day period, the
District shall, within five (5) business days of its r-eceipt of the sarne, establish a date, time and
location for a joint meeting of the District and First Developer for the purpose of determining the
allocation of the subject Cost Ovemrn among the District and First Developer. Thereafter, the
District may draw down from the WWTP Escrowed Funds the amount of the Cost Ovemrn
allocated to the First Developer. Notwithstanding the foregoing, the First Developer shall be
responsible for any Cost Ovemrn incurred by the District as a result of a strike or labor dispute or
a natural condition rvhich was not reasonably anticipated in the Design Budget or the WWTP
Construction Budget, as applicable, and the District shall be responsible for any Cost Overrun
resulting from Cost Ovemrns not approved by Developer or the District's lack of oversight,
negligence or fraud.
4.7.9 The Parlies acknowledge and agree that CI's and/or GCCI's obligation to
fund the engineering, planning, permitting, design, andlor construction of the WWTP Expansion
shalt be limited to accommodating only the expansion necessary to meet the anticipated demand
of the First Property. At the time of development of the Second Properfy, the Second Developer
shall fund the engineering, planning, permitting, design, and/or construction of an additional
expansion to the District's wastewater treatment plant to be designed and constructed by the
(
0
14
{
t
t
District. The District shall determine at the time of lu'Final Plat for the Second Property the
extent and configuration of the required expansion and the appropriate funding mechanism to be
imposed on the Second Developer to secure the same. Notwithstanding the foregoin g, any
funding obligation imposed on the Second Developer shall be limited to the cost of increasing
the capacity of the wastewater treatment plant to meet the anticipated demand of the
development proposed for the Second Property.
4.8 Partial Waiver of Tap Fees. In exchange for construotion of the Sewer Facilities
applicable to its project, Developer shall be deemed to have paid the District's sewer tap fees for
development rvithin its property. Provided, holever, that rvithin thity (30) days after approval
of each final plat for a phase of development within its property, Developer shall pay to the
District a fee equal to five percent (SVo) of the District's then current sewer tap fee for each unit
approved in Oach such final plat. Notwithstanding the foregoing, Developer shall not be required
to pay sewer tap fees for units u,ithin a phase of its project unless and untii such phase receives
final plat approval,
ARTICLE 5
CONNECTION TO DISTRICT FACILITIES
5.1 Prgcedure for Connection to District facilities. At any time subsequent to the
date of inclusion of its property within the District, Developer may, upon notice to the District
and subject to the terms and conditions of this Agreement, connect to the District's water and
sanitary sewer systems for service to its property.
5.2 Plans and Specifications. The water facilities and sewer facilities described in
Article 2 and Article 4, above, (collectively, the "Facilities") shall be located, constructed and
installed in accordance with this Agreement and in conformance with the Rules and Regulations
in effect at the time of said location, construction and installation. Prior to submission to the
County of the I't Final Plat for its property, Developer shall provide the District's engineer (the
"District Engineer") rvith its plans and specifications for Facilities required to be designed,
funded, and constructed for the first phase of its project. Prior to submission to the County of a
final plat for a phase of its project after the I't Final Plat, Developer shall provide the District
Engineer with its plans and specifications for the On-Site Water Facilities and On-Site Sewer
Facilities necessary to service the property included rvithin such final plat. The District Engineer
shall provide Developer with its written approval or disapproval of the plans and specifications
submitted to it by Developer, which approval shall not be unreasonably conditioned, delayed, or
withheld, within thirty (30) days of its receipt of the samo. In the event the District Engineer
disapproves of such plans and specifications, the District Engineer shall by written notice to
Developer specifically describe the reasons for disapproval and the changes necessary to make
the plans and specifications acceptable to the District. On or before ten ( 10) days of receipt from
Developer of revised plans and specifications which attempt to address the District Engineer's
reasons for disapproval, the District Engineer shall provide Developer with its rvritten approval
or disapproval of such revised plans and specifications. In the event the District Engineer
disapproves such revised plans and specifications, the District Engineer shall by written notice to
Developer specifically describe the reasons for disapproval and the changes necessary to make
15
the plans and specifications acceptable to the District. This process shall be repeated until the
pistrict Engineer approves the plans and specifications; provided, however, that in the event the
District Engineer and Developer are unable to reach agreement on the plans and specifications,
Developer shall have the right to seek approval of its plans and specifications from the District
Board of Directors. In the event Developer and the District Board of Directors are unable to
reach agreement on the plans and specifications, then the District and Developer shall utilize the
dispute resolution procedure set forth in Article 9. Upon approval or resolution of Developer's
plins and specifications, the District and Developer shall execute in duplicate a document clearly
specifying the same to provide both Developer and the District certainty as to the agreed-upon
plans and specifications (the' Agreed-Upon Plans and Specifi cations").
5.3 LOC or Cash Escrow for Water Facilities and Sewer Facilities. This Paragraph
5.3 establishes the requirements and procedure for the security required by Paragraphs 2.6 and
4.6; this Paragraph 5.3 shall not apply to the First Developer's or Second Developer's obligations
for the WWTP Expansion or to the Second Developer's obligations for the Alternative Supply.
5.3.1 Developer shall provide the District with a construction cost estimate for
all costs and expenses associated wittr the construction of the Facilities reqnired to be constructed
by Developer for a given phase of its project (each a "Cost Estimate"). The Cost Estimate shall
be approved by the District Engineer in accordance with the tinring requirements and procedures
set fonh in Paragraph 5.2 for the approval of Developer's plans and specifications-
5.3.2 ln order to ensure completion of the applicable Facilities, Developer shall,
in its discretion, either: (i) provide the District with a letter of credit ("LOC") in an amount
equal to one-hundred and ten percent (llo%) of the Cost Estimate, ot (ii) subject to Developer's
and &e District's mutual reasonable approval of an escrow agreement, deposit wit-h the Escrow
Agent funds ("Facilities Escrowed Funds") in an amount equal to one-hundred and ten percent
(1l}Vo) of the Cost Estimate.
(a) LOC. If Developer provides an LOC, Developer may, each time it
submits a Certification of Completion (as defined below) to the District, request in rvriting from
the District the partial release of the LOC attributable to the Facilities that are the subject of the
Certification of Completion. The District may thereafter inspect the subject Facilities to
determine whether the same are complete and comply rvith the Agreed-Upon Plans and
Specifications; provided, however, that within thirty (30) days of the District's receipt of the
written request for partial release, the District shall either approve the request or deny the request
with written detail as to any aspect of the subject Facilities that the District reasonably
determines does not comply with the Agreed-Upon Plans and Specifications. A failure of the
District to respond within said thirty (30) day period shall be deemed to constitute an approval of
Developer's request. Subject to Article 9, this process shall be repeated until the District is
satisfied, in its reasonable discretion, that the subject Facilities comply with the Agreed-Upon
Plans and Speeifications. Upon the District's approval of a request for partial release, the District
shall, within five (5) days thereof, release to Developer the amount of security posted for the
subject Facilities. Upon the District's receipt of Certifications of Completion for and acceptance
*
i6
{
(
(
of all the Facilities required as part of a finally platted phase of the subject project, the LOC shall
be released to DeveloPer'
O) Facilities Escrowed Funds. If Developer deposits Facilities
Escrorved Funds with the Escrow Agent, the Facilities Escrowed Funds shall be held in a
separate accolrnt in the name of the Escrow Agent, for the benefit of Developer and the District'
Any interest earned on the Facilities Escrowed Funds shall be pafi of the same. Developer and
the District agree to require the Escrorv Agent to disburse the Facilities Escrowed Funds in
accordance with the terms set forth in thislgreement. The Facilities Escro$'ed Funds shall be
made available to Developer to pay for the construction of the Facilities after submission to the
Escrow Agent, rvith simuit*.our copies to the District, of invoices for rvork performed and
materials iupptied ("Facilities Draw Request"). Prior to the release of such funds, the District
may inspecitle rvork performed as identified in the subject invoices to deteflnine whether such
woit< compties with the Agreed-Upon Plans and Specifications; provided, however, that withln
thirty (33idays of the Disirict's reieipt of the Facilities Draw Request, the District shall either
approve the request or deny the lequest with written detail as to any aspect of the subject work
that the District reasonably determines does not comply with the Agreed-Upon Plans and
Specificarions. A failure of the District to respond i.vithin said thirty (30) day period shall be
deemed to constitute an approval of Developer's request. Subject to Article 9, this process shall
be repeated until the District is satisfied, in its reasonable discretion, thal the subject work
"ompli"s with the Agreed-Upon Plans and Specifications. The Escrow Agent shail be required
to disburse to Developer the amount set forth in a Facilities Drarv Request no later than three (3)
business days following Escrow Agent's receipt of the District's written approval thereof- Upon
completion of construction of all the Facilities required for a given phase of the subject project,
the Escrow Agent shall be required to disburse any remaining Facilities Escrorved Funds to
Developer.
(c) Djstrigt CUre Riehts. Under eirher alternative (a) or (b) described
in this Paragraph 5.3.2, if Developer fails to perform any obligation or condition to be performed
by Developer under this Agreement with regard to the Facilities for which an LOC or Facilities
Escrowed Funds has been provided, and such default remains uncured for more than forty-five
(45) days after Developer's receipt of written notice thereof from the District, the District may
cure the default and draw on the LOC or Facilities Escrowed Funds to pay the costs incurred in
connection therewith, Notwithstanding the foregoing, if the steps needed to cure a default are
such that the same cannot be reasonably completed rvithin said forty-five (45) day period, then
Developer shall undertake such cure within said forty-five (45) day period and shall diligently
prosecute the same to completion; if Developer fails, in the District's reasonable discretion, to
diligently prosecute such cure, the District may cure the default and draw on the LOC or
Facilities Escrowed Funds to pay the costs incurred in connection therewith.
5.4 thange Orders. To facilitate cornpletion of the Facilities in accordance with the
Agreed-Upon Plans and Specifications, the Rules and Regulations, and good engineering
practice, Developer, its conffactors and agents, may propose reasonable change orders to the
District for review and approval. Within ten (10) days, or such lesser period as may be required
under the circumstances, of receiving notice and a copy of the proposed change order(s), the
t7
(
District shall either approve the same or propose an alternative(s), which alternative shall not
result in additional cost or unreasonable delay. A failure of the District to respond within said
ten (10) day period shall be deemed to constitute an approval of any requested change order. All
approved change orders, including any change order deemed approved, shall be incotporated into
and become part of the Agreed-Upon Plans and Specifications'
5.5 Inspe_ctions and Certification of Completion. The District shall have the right to
inspect the Facilities at reasonable times prior to the completion of construction and prior to
dedication of such Facilities to the District to ensure compliance with the Agreed-Upon Plans
and Specifications. Developer shall reimburse the District for the reasonable astual costs of such
inspections pursuant to the District's Rules and Regulations. Upon completion of either, a
distinct Facility or an appropriate phase of Facilities, which may mean soniething less than all
Faciliries required within a finally platted phase, Developer shall provide "as built" plans to the
District and certify to the District that Developer has completed construction of the applicable
Facilities in accordance with the Agreed-Upon Plans and Specifications ("Certification of
Completion"). The "as built" plans shall be reviewed and approved by the District Engineer,
which approval may not be unreasonably delayed, conditioned, or withheld. The as-built plans
shall be prepared in accordance with the following general requirements:
5.5.1 A certified field survey shall be included showing the location of the
Facilities pursuant to the District's Rules and Regulations then in effect.
5.5.2 All benchmarks used witltin the CI Property and GCCI Property, as
applicable, to determine depth of lines or other facilities shall be shown on the drawings and
shall be based upon U.S.G.S. datum and the requirements of the District's Rules and Regulations
then in effect.
5.5.3 Manufacturer's literature and product data, including catalog sheets and
descriptive literature for all materials and equipment used, shall be provided with the as-built
plans.
5.6 Dedicatisn of Facilities: Lien Waivers, Following inclusion of its property into
the District and after providing to the District a Certification of Completion, Developer shall
dedicate to the District the Facilities certified as complete by the subject Certification of
Completion. The District shall accept such dedication on or before thirty (30) days thereof
whereupon title to the dedicated Facilities shall be vested in the District. Developer shall also
execute a quitclaim deed and bill of sale to the District conveying any interests it has in such
Facilities, and shall provide to the District lien waivers from all contractots, subcontractors, and
material suppliers for work and materials furnished in connection with the Facilities conveyed.
5.7 Warranty, Developer shall warrant all Facilities conveyed to the District for a
period of two (2) years from the date such Facilities are conveyed to the District. Specifically,
Developer shall warrant that any and all Facilities conveyed to the District shall be free of any
defects in materials or workmanship for said two-year period.
t)
18
f
{
5,8 Conveyance of Easements/Plat Dedications. In addition to Developer's
obligations set forth in Paragraph2.5 and Paragraph 4.5, Developer shall convey to the District,
by plat dedication or easement agreement in a form and substance reasonably acceptable to the
District, the following described perpetual, nonexclusive easements to allorv the District to
conshuct, operate, repair, and replace the Facilities, fiee and clear of all liens, encumbrances, and
title defects which could defeat the District's title, and any title defects which rvould affect the
District's ability to use each easement for its intended purpose.
5.8.1 Developer shall convey to the District by plat dedication, on a plat by plat
basis, perpetual non-exclusive easements or rights-of-way extending over and across all those
portions of its property containing the Facilities a-nd that are nscessary for the District to provide
water and sewer serr.,ice to Developer's property.
5.8.2 The First Developer shall assign to the District all of its right, title and'
interest in and to the lvater tank easement agreement described in Paragraph2.1.4 concurrently
with the recording of the lst Final Plat for the First Property, subject to the Second Developer's
retained rights described in Paragraph 2.1.4(b).
5.8.3 Developer shall convey to the District by plat dedication, on a plat by plat
basis, perpetual non-exclusive easements or rights-of-way over and across the Developer's
property for puqposes of providing water and sanitary sewer service utilities to lands iocated
adjacent to and outside of its property but rvithin the District service area as reasonable and
appropriate, provided that such easements and rights-of-way may be shown as temporary if there
is no immediate intent to plat the lands intended to benefit from such easements or rights-of-way.
Developer shall have the right to establish and relocate said easements and rights-of-way in a
manner that coordinates with the development of and does not unreasonably restrict the use of its
property. These water and sewer utilities shall be planned to follow proposed road rights-of-way
rvhenever possible. Without limiting the generality of the foregoing, CI shail convey or cause
GCCi to convey to the District, pursuant to the authority granted to CI by separate agreement
between CI and GCCI, perpetual non-exclusive easements over and across that certain Roaring
Fork Conservancy conservation easement area located within the GCCI Property for purposes of
providing water and sanitary sewer service utilities to lands described in this Paragraph 5.8.3.
Developer shall and hereby does reserve the right to use in common with the District any
easements and rights-of-way it conveys to the District pursuant to this Paragraph 5.8, provided
such use does not interfere with the District's use, maintenance and operation of the Facilities.
All easements and rights-of-way to be established pursuant to this Paragraph shall be subject to
the obligation of the District to repair and revegetate disturbed areas to a condition and grade
substantially similar to that which existed before the disturbance. Developer's obligation to
convey the easements and rights-of-way hereinabove described fully satisfies and discharges
Developer from any and all future obligation(s) to extend its facilities for the purpose of
facilitating or aliowing the extension of District water or server service to properties situate
adjacent to or outside the boundaries of Developer's property.
19
(
5.9 Control of Facilities. Once conveyed to the District, and subject to the warranty
provisions contained within Paragraph 5.7 above, the District shall be solely responsible for the
operation, maintenance, repair, and replacement of the Facilities, the WWTP, including all
expansions thereto, and the easements on the CI Property and GCCI Property that arc dedicated
to the District. The District shall at all times operate the foregoing facilities and easements in a
commercially reasonable and economical manner, and shall make all repairs and replacements
necessary to assure continuous operation of the same so as to provide a reliable and continuous
level of service.
ARTICLE 6
REII}IBURSEMENT OF CI COSTS FROM OUTSIDE PARTIES
6.I Reimbursgment for Oversizing of Facilities. Developer and the District
acknowledge and agree that certain Facilities will be oversized for the sole purpose of providing
excess system capacity to allow the extension of District water and sanitary, sewer service from
Developer's property to owners of properties or customers with properties within the Disfrict but
outside the Dcveloper's property, and properties outside the District to which out-of-disuict
water and wastewater treatment service may be extended (each an "Outside Party"). To allow
Developer to recover the cost for such oversizing of the Facilities, Dcveloper and the District
agree as follows:
6.1.1 Devcloper shall oversize the water and sewer mains and lift stations
identified as First Developer Off-Site Water Facilities, First Developer Off-Site Sewer Facilities,
Second Developer Off-Site Water Facilities, and Second Developer Off-Site Sewer Facilities to
accommodate the Regional EQR Projections set forth on the attached Exhibit L; provided,
however, that any oversizing, including the costs attributable thereto, beyond what is necessary
to accornmodate the projections set forth in Exhibit L shall be the obligation of the District.
6.1.2 Developer shall certify to the District its total reasonable costs for such
oversizing rvhich amount shall be reviewed and approved by the District ("Oversizing Costs").
6.1.3 Prior to connection of any Outside Party to the Facilities constructed by
Developer, the District shall collect from the Outside Party a pro rata fee ("Oversizing Fee")
calculated as provided below for reimbursement to Developer:
o
A'B = C; where:
A = Total amount of District water and sewer service requested by
the Outside Party, expressed as a percentage of the total excess
system capacity provided by the oversized Facilities;
B = Oversizing Costs for the service requested; and
C = Oversizing Fee
20
e
{_
t
The District shall promptly pay to Developer any and all Oversizing Fees
collected by the District from Outside Parties.
6.L4 The District's collection and reimbursement obligations under this Article
6 shall continue for a period of fifteen ( 15) years follorving the date of acceptance by the District
of the applicable oversized Facilities, at rvhich time such obligation shall terminate.
6.2 Reservation of Capacit), tor the Second Property. The Second Developer shall be
subject to and responsible for paying to the District the Oversizing Fees described in this Article
6. However, the District shall be required to reserve excess capacity in any oversized Facilities
for the Second Property in an amount equal to the capacity required to service 375 EQRs for the
Second Property. Notwithstanding the foregoing, if, at the time of recordation of the preliminary
plat for the Second Property, the actual amount of EQRs required to service the Second Property
is less than 375 EQRs, the amount of excess capacity required to be reserved for the Second
Property may be adjusted accordingly.
ARTICLE 7
DISTRICT SERYICE CONDITIONS
7.1' District Service Conditions. The District's obligations to provide domestic lvater
service and sewer service to the CI Property and GCCI Property, as applicable, shall be expressly
conditioned upon the satisfaction of the following conditions:
7.1.1 The property shall be included within the District pursuant to the
provisions of Article t hereinabove,
7.1.2 CI shall convey all required water rights to the District as provided under
Article 3 hereinabove.
7.I.3 CI and GCCI, as applicable, shall complete construction of the Facilities
required for their respective projects in accordance with this Agreement and shall make all
conveyances and plat dedications necessary for any lot or other portion of their respective
properties requesting District domestic water or sewer service to connect to the existing District
facilities as provided under Paragraph 5.8.
ARTICLE 8
IRRIGATION WATER
8.1 Irrigation Water. It is the intent of the parties hereto that outside landscape
irrigation for the majority of lots within CI Property or GCCI Property shall be provided through
a raw water delivery system to be constructed by CI and/or GCCI and operated by an entity other
than the District. However, the parties also recognize that there may be limited outdoor irrigation
uses made from the District's potable system. To limit the use of potable water from the
District's system, CI and GCCI shall through restrictive covenants on the CI Property and GCCI
Property limit the use of the District's potable domestic water system within such properties for
outside Iandscape irrigation to no more than five-hundred (500) square feet for each individual
21
(single family lot, and a total of not more than seven (7) acres within the Entire Property. CI
and/or GCCI rvill provide the District rvith copies of the non-potable irrigation system plans
provided to the County as part of each final plat application.
8.2 Irrigation Bestriction RUns with the Land. The above-described water use
limitations and restrictions shall constitute a burden running with the applicable portions of the
CI Property and GCCI Property and shall be deemed to benetit and run with the properties held
by the District, shall be binding upon the owners thereof, their successors and assigns, and shall
not be transferred separate or apart therefrom. CI and GCCI shall include a plat note on any final
plat to be submitted to the Board of County Commissioners, Garfield County, that contains a
Iimitation on the use of treated water for irrigation purposes consistent with the terms of this
Article 8 and provides that the District has the right to seek enforcement of this condition.
8.3 Allocation Between CI and GCCI. CI and GCCI acknowledge that the limitations
of this Article 8 apply to and limit potable water irrigation on the CI Property and GCCI
Property, and CI and GCCI shall, in a separate agreement to be provided to the District, allocate
the allowable seven (7) acres of potable water irrigation betrveen'their respective properties.
ARTICLE 9
DISPUTE RESOLUTION
In the event CI or GCCI, as applicable, and the District are unable to agree upon any
engineering or technical matter addressed within this Agreement, including but not limited to,
facility design, infrastlucture local"ion or layout, and supply or demand calculations, CI or GCCI,
as applicable, and the District each shall select a representative qualified with regard to the
engineering or technical matter in dispute (the "Disputed Matter") to represent its interests. The
selected representatives shall then appoint a third representative qualified with regard to the
Disputed Matter, who shall provide a determination upon the Disputed Matter, In the event this
process of dispute resolution fails, CI or GCCI, as applicable, and the District agree to resolve
such dispute by arbitration in accordance with the rules and regulations of the American
Arbitration Association then in effect. The determination of the arbitrator shall be final and
conclusive and judgment may be entered upon such determination in accordance with applicable
Iaw in any court having jurisdiction thereof.
ARTICLE 10
COMPLIANCE WITH RULES AND REGULATIONS
Upon inclusion of the CI Property and GCCI Proper-ty within the District and subject only
to the terms and provisions of this Agreement, CI and GCCI, and lot owners or customers within
their respective projects, shall be bound by and comply with the Rules and Regulations
applicable to properfies within the District as the same may be amended from time to time;
provided, however, that in the event of conflict between the Rules and Regulations and the terms
of this Agreement, this Agreement shall govern.
22
f:
(l
{-
L
(
ARTICLE 11
AUDITS, REPORTS AND INSPECTIONS
The District shall maintain the records, accounts, and audits required by statute or which
would be kept under normal business practice, and copies of such records shall be provided to CI
and GCCI upon request. The District shall, upon reasonable prior notice to CI and GCCI, have
the right to inspect the facilities located upon the CI Property and GCCI Property as provided in
the Ruies and Regulations, and CI and GCCi shall, upon reasonable prior notice to the District,
have the right to inspect the District's lvells, water and wastewater treatment facilities and other
appurtenant facilities.
ARTICLE 12
ORDER OF INCLUSION
l2.I GCCI's Right to Proceed with Inclursion. [n the event GCCI is ready to develop
the GCCI Property in advance of CI's development of the CI Property, GCCI may, in accordance
with this Agreement, petition to include the GCCI Property or any portion thereof within the
District and receive credit for up to 375 EQRs of lvater and sewer service from the District.
GCCI's right to petition for inclusion of the GCCI Property into the District ahead of the CI
Property shall be subject to the prior rvritten consent of CI, rvhich consent may be rvithheld in
CI's sole discretion, and prior rvritten notice to the District. GCCI's right to include the GCCI
Property into the boundaries of the District in advance of the inclusion of the CI Property also
shall be subject to GCCI's fulfillment of the First Developer's obligations set forth in this
Agreement.
12.2 CI Obligtions. In order for the GCCI Property to connect to certain District
facilities, CI will be required to provide easements on, over, under, and through the CI Property
for the construction, installation, and maintenance of certain Facilities.
12.3 CI Rights. ln the event CI grants GCCI the right to petition for the inclusion of
the GCCI Property into the District ahead of the CI Property as provided in Paragraph l2.I
above, CI shall be entitled to petition to include the CI Property within the District and receive
credit for up to 375 EQRs of water and sewer service from the District, subject to CI's fulfiliment
of the Second Developer's obligations under this Agreement. In addition, CI shall retain the right
to receive from the District the CI Deposit as set forth in Paragraph 1.2 above.
12.4 Status Reports to District. On or before six (6) months after the Effective Date,
and semi-annually thereafter, CI and GCCI each shall provide the District with a written update
regarding the status of its respective project; provided, however, that the failure to provide such
written update shall not be deemed a breach of this Agreement nor shall such failure excuse the
District from performance of its obligations under this Agreement.
ARTICLE 13
GENERAL PROYISIONS
l5
I3.l Te_rmination. This Agreement shall be in full force and effect until terminated by
mutual agreement by the Parties hereto, or as provided by law.
13.2 Acknowledgement of Termination of River Bend Agreement. The Parties
acknorvledge that the River Bencl Agreement has been terrninated and is no longer of any further
force or effect. CI, GCCI, and the District are released from any liability thereunder.
13.3 Good Faith. The Parties agree to proceed diligently in good farth and to use
commercially reasonable efforts with the implementation of this Agreement'
13.4 Service Plan Intesration. This Agreement and its Exhibits is consistent with the
District's Service Plan, as though set forth there verbatim.
13.5 Compli4$ce with State and Federal Law. This Agreement shall not be construed
to be in violation with the laws of the United States or the state of Colorado, nor in any manner
that adversely affects or diminishes the financing capabilities of the District.
13.6 Enforcement: Specific Performance. Subject to Article 9, in the event of any
material failure by any Party hereto to comply with the terms of this Agreement, any other Party
shall have standing to bring suit to enforce compliance herewith. Furthermore, il the event of a
breach of this Agreement, the non-breaching Party(ies) may seek all remedies available at larv or
equity, including specific performzurce.
I3.7 Assignment. The entirety of each Pafty's obligations under this Agreement shall
be assignable to any grantee, purchaser, transferee, or assignee of the Party's interest, and shall
survive any such conveyanca, purchase, transfer, or assignment. No Party may assign only a part
or portion of its obligations under this Agreement to any third-party.
13.8 Covenants. Recording. The provisions of this Agreement shall constitute
covenants running with the lands affected thereby, and upon its execution by the Parties, this
Agreement shall be recorded in the records of the Garfield County Clerk and Recorder.
13.9 Attorneys' Fees. CI aud GCCI shall bear reasonable attorneys' fees incurred by
the District in the negotiation, execution, and implementation of this Agreement. However, in the
event arbitration or litigation is necessary to enforce the rights of the Parties to this Agreement,
as between themselves, the prevailing party(ies) in such arbiration or litigation shall be entitled
to reasonable attorneys' fees and costs of suit actually incurred.
13.10 Complete Agreement: Amegdment. This Agreement constitutes the entire and
complete agreement between the Parties, and any modification or amendment hereto shall be
evidenced by a writing signed by the Parties; provided, however, that CI and GCCI shall, in a
separate agreement, allocate between themselves certain costs and obligations incurred pursuant
to this Agreement.
13.11 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties, their successors, grantees, and assigns. Nothing herein shall prevent CI or GCCI
24
*
{
t
from selling, transferring or encumbering their respective properlies and the benefits of this
Agreement shall be appurtenant to the property conveyed.
13.12 Authority. Each person executing this Agreement represents and warrants that he
has been duly authorizedby the Party rvhich he purports to represent to execute this Agreement,
and has authodty to bind said Party to the terms and conditions of this Agreement.
13.13 Governing Law. This Agreement shall be construed under the laws of the State of
Colorado.
13.14 No Waiver. No provision of this Agreement may be rvaived except by an
agreement in rvriting signed by the waiving Party. A waiver of any term or provision shall not
be construed as a rvaiver of any other term or provision.
13.15 Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof, as they have no substantive effect, and are for convenience
only.
13.16 Severability. If any part or section of this Agreement shall be found void or
invalid by a court of competent jurisdiction, such finding shall not affect any remaining part or
section, and said remaining parts or sections shall continue in full force and effect. The Parties
shall renegotiate in good faith any matter addressed by a part or section that is found void or
invalid.
13.I7 Notices. All notices required under this Agreement shall be in writing and shall
be delivered by facsimile, hand delivered, or sent by registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the Parties herein set forth. Notices shall be
considered effective three (3) days after deposit postage paid in the United States Mail with the
proper address as set forth below. Either Party by notice so given may change the address to
which fufure notices shall be sent.
Notice to:Roaring Fork Water & Sanitation District
P.O. Box 1002
Glenwood Springs, CO 81602
Fax:
Lawrence R. Green
Balcomb & Green P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602-0794
Fax:
and:
Scott Grosscup
With copy to:
L 25
IN WITNESS WIIEREOF, the Parties have executed this Agreement in multiple
originals on the dates herein belorv set forth.
CARB ONDALE INTYE,STI\IENTS, LL C
GARFTELD COUNTY COMMERCIAL
INVESTNIENTS, LLC
ROARTNG FORK WATER & SANITATION
DISTRICT
L
President
ATTEST:
Rockwood Shepard
Its: Project Executive
Name: Ro.kwoo
Its: q>Uun€\. f€ff
27
-dft\\
fti-o'il'i)l!"
ff2, ,rAL :.,Wfta ',y,"\#
t
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing ROARING FORK WATER AND SANffATION DISTRICT
CARB ONDALE NVESTMEI{TS, I,t C PRE-INCLUSION AGREEMENT rvas acknowledged
before rrrnis/€ day of lVO f ,2011, by Rockwood Shepard as authorized
signatory for Carbondale Investments, LLC, a Texas limited liability company.
Witness my hand and official seal.
)
)
)
My commission expires:-/r/zo,
Esoda.B*rro
NOTARY PUBLIC
STATE OF CI)IPRADO
My mrrrrissior cxpircs 02{8-15
STATE oF COIO'Ad,O
COUNTY OF
The foregoing ROARING FORK WATER AND SANITATION DISTRICT
authorized signatory for Garfield($ounty Commercial Investments, LLC, a Texas limited
liability company.
)
)
)
C ]
CARBONDALE INVESTMENTS, LLC PRE-INCLUSION AGREEMENT was.acknowledged
before me this lb aoy or [V\04 ,zolLby ?oc]r-*ooo( SY'cPa-'4 - as
'ary Public
Witness my hand and official seal.
=ai
: =
,.'*e oustrc io j
%e
28
(
Notary Public
My commission expire ", VWd"- L3t
\i|lfrr3;
(STATE OF COLORADO
COUNTY OF GARFIELD
Sanitation District, a Colorado special district.
Witness my hand and official seal.
My commission expires:
1 3738\3\l 420109.23
)
)
)
The foregoing ROARiNG FORK WATER AND SANITATION DISTRICT
CARB ONDALE INVESTMENTS, LLC PRE-INCLUSIO} AG was acknowledged
before me this lLauy ot )c-t> L,- ,11ll,by ,4/atb k?q-L.,n ut
President *ra -Foa- UQ - as Secretary for the Roaring Fork Water and
{
NOTARY PUBI'JC
STATE OF COLOHADO
29
ErcttelT
U,!Dg
Garfield County Commercial lnvestments
Zone D istrict Amend me nt
Presented to:
Brownstein Hyatt Farber Schreck
41O 17th Street, Suite 2200
Denver, CO8O2O2
303.223.1 100
Galloway & Company, lnc.
6162 S. Willow Drive, Suite 320
Greenwood Village, CO 80111
303.770.8884
Brownstein Hyatt
Farber Schrecl<
Garrteld Counfii
Planning Commission
Ga!ioway
Introduction $
p;l#?l$Llil.'' Galloway
Propertv Owner
Garfield County Commercial lnvestments ("GCC|")
Brownstein Hvatt Farber Schreck
Carolynne White, Esquire, LEED AP
Gallowav
Mike Cerbo - Site Development Coordinator, P.E., LEED AP
HDR
Pete Mertes - Senior Project Manager, P.E.
EIS
Wade Haerle - President
2
Subject Property $ P;:#?*1ll_:il." Ga !i oway
Rooftops:
3 f;:#?lElLLy." Ga !i oway
Spring Valley Ranch PUD - 577 Units
Lake Springs PUD - 248 Units
Los Amigos Ranch PUD - 816 Units
River Ridge PUD - 8 Units
H Lazy F - 104 Units
Westbank Ranch PUD - 53 Units
lronbridge PUD - 315 Units
River Edge Colorado PUD - 355 Units
Aspen Glen PUD - 630 Units
Sirring \4?Iey Ranch PUD
PUD
\
-1
107
125
I
firq
r
Subject Property
o
o
Subiect Propertr i F::#?*iLIf." Ga !i oway
Zoning:
Cattle Creek
5
Surrounding Uses I p;fg?ffilll:il'" Ga lloway
a
a
a
a
a
a
a
a
a
a
a
a
a
a
Clydes Customs
Antiques
Pacific Motor Works
DJ's Auto and Truck Repair
Habitat for Humanity ReStore
Roto-Rooter Plumbers
All State Communications
Adventure Auto Sales
KTM of Aspen
Dodson Engineered Prod ucts
Ferguson Plumbing Supplies
Roaring Fork Rentals
Farmers Welding
UPS
Defiance Auto Sales
Colorado Appliance Outlet
Names and Numbers
Meier Skis
Designer Door Hardware
The Elevator Company
Roaring Fork Tile & Stone
Cross Propane Gas
All Valley Storage
a
a
a
a
a
a
a
a
a 6
'j'nl'rn.r"i'riy'1 i-'1r-; ' .- ii
l.i;-,.i;-,1,'.,i'' "' Ga i! owaY
Owned by affiliate of GCCI
Change in Access
. Existing - Cattle Creek
o Proposed - Middle of GCCI
Parcel
o Addresses CDOT's Concerns
o lncreases Safety
7
i f:f#?'J.-'l L:|il'" G a ! | owavurrounolng LonlngS
C,atti
4+-
10
Current Uses iil:H?1'.?*il'" Galioway
h
f%
11
Current Uses X FJ:#?1..?1"1il." Ga Ii oway
Commercial Limited
Current Uses $ H:#?lEllL:,y." Ga ii oway
r Sense F;:H?';.;LLy.,, G a ii oway
Large Format Anchor...
...Anchors many users
Tree Lined Areas
Mix of Uses
P::#?1..?LLY"' Gailowav
Appealing Outdoor
Areas
A
Placemaking r Activators
emav p;:#?1..?i:1,y," G a !! oway
i L= * ,"''
) iL rE&{E hi sru =,&frffI 1.. * _FFuEx, r'i+ tut l. -1q ,.d ibb?)trl$ri l' r rre rrB{-trq
Farmers Market
Open Play Area
Movie Night
Open Lounge Area
Outdoor Din ing Areas
17
P rope rty C h aracte ristics ,
Fj:H?'u..?[1il.,, Ga lioway
9D
1 "=500'
20
Visibility
SH 82 - North End
Looking South
SH 82 - South End
Looking North
21
I *
' F#H?lEl[!il"' Ga lioway
Visibility S ill#?l[l1:il.'' Ga iloway
Proposed Access -
Looking North
Proposed Access -
Looking South
I
22
I ill#?l'jli:l,Y'" Ga !i oway
CH^reR 2: Curpren 3: Cmpren 4:
FmnrLxcUsp PuxEr-suenrs Axanows'n+:Plm
GsrfEld Cflnty E Et Mt ffi3.o.ds, litera,ly rnd
Bur8t["ly- Litmlly, fi miailt tir cffl1m6 d thc
Colorado and Rsring Fort Rivffi- lt aho sst3ins lhe
inleEclis d ItE lntectste 70 tl-70) End Stste HBhffiy
82 (SH 8?). FiglEtiwly, il i! als 8t r clMds bclw6
8 lsrgEty sgri@ltutEl @rty .trd @ that is slwty ffiirB
tfrard c subub€tr ffi'
Gsrfi.ld County is tsrgc (ro 3,fi)0 lqu.rc mil"f,) 8nd lhe
v*t maprity o{ ih+ Mty i! citirr mde. iEdc6l iuisdictis
6 Gxtr.@ly rmt! lnd virt8lly hEc6sible d@ to tmln
cff3lraint3- The lwahhg arca, riich i! subjccl b lhe
lrut&Elo!trnai paB!@, i3aho tic rctaBsablQ
ild vLiblc p.n of thc @01y. It thr l"rcl ol proFctql grcwth
mtdializ6 ret lhc rcxt 20 yca.q hd it d"vclo8. will hlvc
. dEmalic impact m &c qudity d liE of it! rBircota, and
thc fis6l trclL5.ing of tu goffircnt.
thc G8rncE Csnty Cmprehcnsirc P{on (thc 'Plar'} ha3
brff dcycloped to g@irc E gGncml 8taiercnt ol di.eclion
tff laM e plEming in $incorpo(rt d Garfictd Ciloly,
TIE Plan providE a lundats br dccBlrs .ad policica
ilBt gurdr aod dircct ths physica!, sisl. and csl]ffiic
derehprent lq lhe udncorpo.sted pdbom ot tlE @unv
tt E d*ioned to sff as s tool fs citizen3. county stat
.nd clccied oficiiils. aDd fsu$3 ff r*psdi$g to botll tE
imm.diei! aM anticipEtcd l@E-lm rccdr of ih! wat.
Thb Plan buildt m prcvi{i plaB. Uany ot lh. isrc3,
polici6, atrd 3trstegix. idcntificd h lhit Plan can be f8c!d
bact to *E l99l aid zo(x) Gsffcld C@nty cmp.chs3i€
plan!, *lsch h tum, achocd t numbs qf ircas and cff@pi3
lrm thc @unvs drghal cmprchccivc pl6n of 1969.
"Land Use Decisions..... respond
to both the IMMEDIATE and
anticipated LONG-TERM needs
of the County"
2. Change in the Area
Trau or CoflTEN:s
Grossrrv CfirrrsR l:
- lxrnoolJc?or{
PREFACE
F*yr. Affiw6
Teugfufibardt Rd.
FEm? kHpwdiah
,9680dvtu tuPb
GeEpCotffi
CffiffirPur2030
24
;,
J
Demographics - Trade Area tr !;:#1,.li!:,y'" Ga lioway
90,000
80,000
70,000
60,000
50,000
40,000
30,000
20,000
10,000
35,000
30,000
25,000
20,000
15,000
ffi 2000
@2010
2020
ffi 2000
w 20!o
2020
10,000
5,000
Population H ouseholds
* Represents Roaring Fork Volley Trode Area 25
I
120,000
100,000
80,000
60,000
40,000
Demographics r county XFj:#*?Hil'" Galloway
6tENWOOD SPRINGS
POST IxnEPENDI,I{T
Garfield County at front of continuing
Colorado population boom
"(The Comprehensive Pla n) focuses on
responding to the IMMEDIATE ond onticipated
LONG-TERM needs of the county."
*Comp Plon - Pg. 9
ffi 2000
w 20LO
20L5
w 2040
20,000
*201"5 and 2040 estimates from Rocky Mountain PBS l-News'
article dated Dec. 28, 201"5 from Glenwood Springs' Post lndependent
Popu lation
26
Housing = Headllnes ' Pjl#?';-;LIil'" Ga iloway
GTENWOOD SPRINGS
POST ITmEPE.NIDENT
It's paradise;r:THE PRICE OF PARADISE
.r. but who can afford to stay?
1,000 residences planned along HighwaV 82
Development in the Roaring Fork Valley has
bounced back from the recession - in a big way.
Next phase of Ironbridge housing approved
Affordable housing details to be worked out
Millennials choose where
to live first, then find work
'[ tla./irr itelry rlrs rrot urr trt to go lxrclr to lI ?.sc'r.rrr.srrr . 0n( $u!/,s
8Z OSM# g D)9 'D uaarAtaq tuawaaioo uotsnpufild ol llqltlxl*
,;alqolto^o apow aq qtpoal uol
JO aJO SastNaS asaql uaqfw soalo ut
palwol aQ ol saztNas uoqJn auutnbat
W awdop^ap at ryn{ a6ot nocu1,,
,,'Juau)dopAap Mau to{ sactAJas JaJoM
puo JaMas punos lllotruauuoJtAua puo
antpa$a-$oo talqopuad ap'alonbapo
'1o0a1 {o uolslnotd aqJ aJnsul,,
:ueld anrsueqalduuo3
1re6 rorc
"rr*,
E,
p
r
c
&f
/(erno
i ;
e D,rrili'i:ffi i:fi:i eorv ocl^ros popuBdxf
Willits i Fj:#?1i?LLy," Ga lloway
I ltrr
I
29
Need for Retail
Large format retail has not kept
pace with residential growth
Existing retail doesn't serve daily
customer needs
Vacant commercial space does
not support Iarge format retail
Property's best use is for large
format retail anchor
Soph isticated retailers have
expressed interest in locating on
property
5 F:3Hi;:?H,Y." Ga ii oway
32
Grocery lLarge-Format I p;:#?1ill$,y," Ga !l oway
Survey Background H f##?1|1il!,y." Ga lloway
161
Completed
Responses
(A typical response rate considering
bad numbers, disconnects, and
hang-ups)
EIS
Survey Results
42% travel more than 5
miles to shop
30% very sat
current retail
35% unsatisf
cu rre nt reta i
isfied with
options
ied with
options
62% think Roaring Fork
Valley will require additional
retail in the next 5 years
3L% want national chains
20% want specialized stores
I p;ltrl'g[[il.'' Gaiioway
Resident Responses
o
o
35
EIS
Do Not
Support
Su pport
Additional
Retail
Letters of Support X P::H?ffi1[:il." Galloway
o 'This is one of the only !ocations available in the county that
can offer high quality retail businesses the visibility, access
to and from a major highway, and proximity to a new and
growing residential area that they require to prosper."
- Jack Austin, Outwest Drywall Supply
o "several existing commercia! businesses are established in
the immediate area, though none feature the type of large
retail business that this location will attract, and which
would serve the needs of existing residents."
- Dave Malehorn, Pro Auto
Adjacent and nearby businesses would benefit from the
additional commercial development and residents would
have convenient shopping options."
36- David Dodson, Dodson Engineered Products
#.
\t/
N
LT
il'alqoltoAo apou aq fipoal uo)
JO aJO SastNaS asaql aJaqttA soaJo ut
palwol aQ ol sastNas uoq)n Auutnbat
luaudop^ap at ryn{ a6ot nolu1,,
,,'luautdopAap A au to{ sactAJas JaJoM
puo JaMas punos filloluauuo)tAua puo
a rup a{ta-tsor t
a I q o p u ad a p' a1o n b a p o
'1o0a1 {o uolslnotd aql aJnsuj,,
: u eld enrsueqard ur,ro3
{erno g eD,,riri'jffi i:fj:d *
tc{
sluol.uonoJ d uJ I cl lq nd
&
la-Y 60sou
Public lmprovements
F)?
iP:l#ll1i$il." Galloway
SH82
River
lm provements
Edge Colorado
Split'T'
GCCI Access&
Cattle Creek Road lmprovements
3B
Public lmprovements
pltt I vs.andard Intersection
Standard lntersection
F)?
il:#E:.;lL:il.,, G a !i oway
39
Community Goals 5
p;:H?*?l"l#." Ga iioway
Com prehensive Pla n:
"There is a strong desire to continue to diversify
the county economy..., Maintain a strong and
diverse economic base (for both employment and
income generotion)."
"preserve the livability of the county in the future."
Diversify Employment
Employment Centers
located closer to home
iast$ymddr&otnwdh
o twhsdrrutuddry,
ba6&ofubhl
ll1@ €r|p|qMl6 6ubpd b
@q6ndlde(rcd
d,qadbedqy.&)tut
d€nffi*bvdrMs
MmMffily(sk
dtyM4d),dtuln
@kEM.ddSsome
,Bsr6tulgdudyffi'*
o Ahm@,b66
aNenYMtEsd
Mndqry(Ml&dS
srtutr6@.ffiM
lMnellffiyqffi'n
srdoYdddlbdlg]@
o Aord,M6&*q(h
b qlM b (Msdy m dfiy
TeaCffiffi
PErff c}Mel:
G.()!lw ll{l1rffi
SEcilox 4 - Ecoiortca,
ErPLoYxEf,r axo Toultax
Vrirox
hMtyhssErrydffim
@rlwdd69lo&YolA
n stdqrc bhs by BiF!ry 3
vmty d d€s 6 smdryffit d
offi6ffi6. B$@darc6s
MaBEFdlffi#mb
ffipdmMds.frrym*l
3M orE@ hffiss B€ atre
ture@s. IhMlyhasphrd
arq@nFlffiEldiMs{
md6hsffBsl,]Jt&losd€
IEfr dd6loM mcd @s &e
*sb9rcary@ffiMdjffil
todBdlMEiyffi@qffi
d drpbyffin dss b b (MkFd
ffinplaiduMglMtMdE
hdelffildatu(rrlr]lrffi
l$(redBhq')'46dtu
Mry Msr4d(M@lMllo Bytu
at*sMrcdb0llffi
cffi2: ic**3'l G@4:
Fll1wLNUs fwEs!u.] Arff*
"The growth of tourism in Gorfield County
continues to diversify the county economy.... The
county recognizes that the tourism industry is an
important port of the regional economy"
"Encouroge com mercial/tourism development in
oreos where existing infrostructure (woter
/wostewater focilities) ore currently avoiloble
and where offordoble housing is convenient."
41
a tueolytuss(lw.fiPb@t
&$.hlMry(Mffi
o C(x1ffi(17%)
o tu6s#(r2%)
o OlGIlos)'
o Ms.fd{Ms
(1ffi)
o Mlel8%)
o ffi(8%)
o Edrtm {&)o lnMreMialso
(6$)
General Conformance ip;:#l$lL:il'" Galioway
General conformance does not require
compliance "with every policy category" in the
comprehensive plan
"Canyon Area Residents for the Env't v. Bd of County Comm'rs, No. 08CA2390, slip op. at 20 (Colo. App. June 18, 2009)
A land use application generally conforms with
the comprehensive plan so long as it does not
"frustrate or preempt achievement of the plan's
recommendations" and is "compatible with, and
does not frustrate the [comprehensive] plan's
goals and policies"
*Growth lnitiative Committee v. Jumpers, LLC,128P.gd 452,461 (Nev. 2006); Richmarr Holly Hills, lnc. v. American PCS, L.P.,7O1 A.2d
879, 893, 903 (Md. App. 1997)
44
9V 'swapsu itunos {o arofiaM
puo fia{os 'Uloaq upnd llora^o aqt spalordx
'puol taq/stq dolanap ol lttblt E)aut*o
Auadotd alonud o uo aOuu{u! lou sao1*
'saouatc$aut aJtAJas
4lrn Alunot aLll uaptnq finpun tou sao1*
a q r u ! Lt r t tA s u a ts A s o c a,
^,' ; ; : ::o : i r' { r7:';;
:suotst)ap
asn-puol salnsua uDld aNSuaLlatdwo2-
:sluapsay llunq Aq pa$papt sanssl
;Jauuou paluopq o u! ,,Al!ilqot!1,, {o aAuot
pouq o a^atllJo ol syaas uold sllll'ltunoc
aqt u! wawdopAap ztwouoza awpowutoslo
ot lUilqfa[ 6wrno11o"'sarysuap ]uaudoP^ap
{o abuot o to{ Autuuold"'acods uado
Aururolal suoau il 'autos Jo! 'aldoad yata{fip
,,'iltautdop^ap Aq papodur lloatp
spooJ asol,ll uo paloJJuazuos aq ol
sJuawanotdwt tlollo puo spooJ Alunot
uo papaau sJuawarrotdut aql aJnpaJ
I I t tA lu a w d o 1 a na p anln{ 6 u tlottru a2 u o),,
'Alunoc
al4t {o spaau wtal-Auo1 patrodtJtluo
puo alotpaww aqt qpq o1 Awpuodsat
uo sasnto{ puo "'Atuno2 p1afiog
patrorcdtosutun ur 1uruuold asn puol to{
uon)aJtp {o luaualo$ loJauaA o aptrrotd
o1 padopAap uaaq soq (,,uold,, aLn) uold
a^tsuaqatduo2 fiuno7 p1afiog al4l,o1 s1utql yata{{tp suoaw llunoc ilalqoAtl,, V,
Aerno
ig
eD,,niri"iffi iXffi *solcllod puE slBoc 'sonssl
Growth
Cu rrent Trend
Areas ' Brownstein Hyatt Galioway- Farber Schrecl<
Focused G rowth
xComp Plan - Figure 10, Page 16
*Comp Plan - Figure 10, Page 16
Comprehensive Plan Map $
p;:#?l[l[:'y," Ga lloway
w:-i
PITKIN COUNTY
47
Comprehensive N/lap : p;i#l,sl":il," Ga i! oway
Commercial uses exist in
the immediately
surrounding area
A Rural Employment
Center is located directly
across SH 82 from the
Property
The County has for years
contem plated com mercia I
and high density
residential uses in the area
(as expressed in previous
Comprehensive Plans and
maps and approved PUDs)
The Property falls within
an existing water and
sewer service area.
Plan
ii.
iii.
iv.
Rural Employment
Ce nte r
Area of lnfluence
U nincorporated
Community
Rural Employment Center : F::#?*-;;L:;'" Ga llowav
w;*1
REC
REC
49