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Home My WebLink About4.0 Staff Report BOCC 06.18.07- Exhibits for the PUD Zone District and Preliminary Plan: Rapids on the Colorado A Mail Receipts B Proof of Publication C Garfield County ZoningResolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan F Town of New Castle Comprehensive Plan G StaffReport H Aoolication for the PUD I Aoolication for the Preliminarv Plan J Letter from Town of New Castle. dated July 10, 2006 K Email from Colorado Department of Health & Environment dated July 10, 2006 L Letter from Colorado Department of Water Resources dated July 6, 2006 M Letter from Colorado Department of Natural Resources date June 30, 2006 N Email from GarCo Road and Bridee dated June 16, 2006 o Email from GarCo Vesetation dated July 13, 2006 P Email from GarCo Health dated Jlur;re28,20O6 o Letter from Resource Eneineerine dated Julv 11.2006 R Staff ReDort for a domestic wastewater treatment facility dated May 16,2O04 s Applicant's Power Point Presentation T Applicant's Power Point Presentation U Pictures v Letter from John Olson dated 815106 w Comprehensive Plan Drawings x Pictures Y Review Letter from Resource Ensineering dated l111106 Z Review memo from the County Road and Bridge Department dated 10113106 AA Minutes from the 819106 Plannine Commission Meeting BB Memo from the Countv Vesetation Manaser dated 10131106 CC Review Letter from CGS dated 10120106 DD Letter from lravenworth & Karp dated 10109106 EE Letter from the Burnine Mountain Fire District dated lll7106 FF Email from CDOT dated 11/08/06 GG Letter from the DWR dated 1116106 IIH Letter from Brad Mollman dated 11108106 II lrtter from L&K dated 12120106 and well permits JJ Email from Craig Lis (DWR dated ll03l07) *L A-^^t'^,L l-rrlL Dl^ LL tr l),r-rt - o'r,n,L' o nn*/rrl fii ll ry, /,,4u tP- 'l'*t? 1;L7^D*{Ail oo & 'l lr)a 's'' JJ**l L , \ -"'"1"1 \a ./ (n; 4z'*\'7 / APPLICATION owNER(S) REPRESENTATIVE ATTORNEY LOCATION WATER SEWER SIZE EXISTING ZONING BOCC PROJECT INFORMATION AND STAFF COMMENTS Planned Unit Development (PUD)& Preliminary Plan for the "Rapids on the Colorado PUD" Rapids Development Corporation, The Rapids on the Colorado Homeowners Association, Gene R. Hilton and Mary Jo Hilton Gene Hilton Leavenworth and Karp, PC One Mile West of New Castle on CR 335 Wells to serue a Centra! Water System Package Treatment PIant - Central Sewer 121.48 Acres A/l and NP/ND 06118lo7 "u \ \' \tg ,]\ \ Y I_r N I. PROJECT SUMMARY The Applicant is requesting to rezone the subject parcel to PUD to allow greater flexibility and provide a more creative subdivision for greater density. The property is presently zoned ARRD and Al and has been subdivided into 33 residential lots with four single-family dwellings constructed in the development served by an existing central water supply system and ISDS. The proposa! is for 104 units on 121. ltota! acres, the acreage for the actual residential lots is 28.201. Proposed in the PUD are single family homes, open space, recreation trails, fisherman's access and infrastructure adequate to provide utilities to the development. Open space for the project will consist of 66% of the development. Additional access to the Colorado River will be provided. The existing zoning is ARRD and Al. Currently, the subject property is a platted subdivision of 33 lots. In order for the developer to propose greater density, the property will have to be zoned PUD. Attached in the application materials are the proposed zoned districts, setbacks, and lot size. II. REQUEST FOR CONTTNUANCE The project is located within the "Area of Urban lnfluence" of the Town of New Castle (the Town). To date, the Town has participated in the discussion of this development by entering into a Memorandum of Understanding (MOU) which resulted in a contract between the developer and the Town on certain issues that are mutually beneficia! as the Town is the most impacted from the development. Additionally, because the development is in the Area of lnfluence, the County gives deference to the Town's Comprehensive Plan as a guide for how land out to develop and ultimately be blended into the fabric of the Town. The MOU has now expired and the Town would like to have a new discussion with the developer on the current proposal. The Town has asked the BOCC to open and continue this matter to a future date so that the Town has adequate time to reflect on the current proposal and provide meaningfu! comments to the County for consideration. The Town has submitted a letter in support of this request. Staff agrees with a continuance to allow a more informed discussion to occur which will benefit all who are concerned and recommends the Board continue this matter to a date ceftain. The earliest the matter could be heard would be August 6th, 2007. Statf also suggests the Board require the Applicant to re-notice this hearing. ASPEN OFFICE 601 East HymanAvenue Aspen, Colorado 8161 I Telephone (9? 0) 925-19i 5 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (97 O) 941 - 1 93 6 Facsimile (97 0) 947 -1 937 GARFIELD &HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 relephone (97 0) 949 -07 0'l Facsimile (970) 949-1810 BASALT Otr'FICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Ielephone (970) 927 -193 6 F acsimile (970) 927 -1939 Dntdil Mccry@4, Glewod&rtuWsAfu dilccotwtg@alfaldls-hrcorr. lune 13,2007 Fred Jarman City of Glenwood Building & Planning Deparftnent 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Rapids on the Colorado Planned Unit Development Dear Fred: As you know, our office represetrts the Town of New Castle. We are writing on behalf of the'Town to request a continuance of the public hearing on the above referenced InattEr, currently set to come before the Board of County Commissioners on Jtme 18,2007. On or about April 15, 2005 the developer of the Rapids project entered into a Memorandum of Understanding with the Town concerning the Town's position relative to the land use application. This MOU expired by its terms on April 15, 2007, and is therefore no longer effective. The Town, as a referral entity, recently received the revised application for the Rapids project. The Town has not yet had an opportunity to review the revised application and meet witli the applicant regarding the viability of the terms and conditions of the MOU. In short: the Town is not prepared to comment on the application at ttris time, and the Town does not wish to rely on the representations contained in the expired MOU. Therefore, the Town requests that the BOCC continue action on this matter to pemlit the Toum to review the new application before providing comment. @ hinted on recycled paper Fred }arman Iune 13' 2007 Page2 of2 feel free to contact me wittl GARFIELD &HECHT, P.C. Your consideration in this regard is appreciated. Please questions. DDS:ls Cc: David Blanchard Frank Breslin Lee Leavenworth Davis Farrar I 893 I 8-l ASPEN OFFICE 601 East HymanAvenue Aspen, Colorado 81611 Telephone (97 0) 925 -1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (97 0) 947 -1936 Facsimile (97 0) 947 -1 937 GARFIELD &HECHT, PC. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (97 0) 9 49 -07 07 Facsimile (970) 949-l 810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (97 0) 927 -1936 Facsimile (97 0) 927 -1939 DnidD. Snith Glewood Springs Ofltce ds n i t l@garfrc ldle c h t. c om June 13,2007 Fred Jamran City of Glenwood Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Rapids on the Colorado Planned Unit Development Dear Fred: As you know, our office represents the Town of New Castle. We are writing on behalf of the Town to request a continuance of the public hearing on the above referenced matter, currently set to come before the Board of County Commissioners on June 18, 2007. On or about April 15, 2005 the developer of the Rapids project entered into a Memorandum of Understanding with the Town concerning the Town's position relative to the land use application. This MOU expired by its terms on April 15, 2007, and is therefore no longer effective. The Town, as a referral entity, recently received the revised application for the Rapids project. The Town has not yet had an opportunity to review the revised application and meet wiih tlie applicant regarding the viability ui the tcrrris aii<i r;oudiiiuns of the lvIOU. iu short:'tire Town is not prepared to comment on the application at this time, and the Town does not u,ish to rely on the representations contained in the expired MOU. Therefore, the Town requests that the BOCC continue action on this matter to permit the Town to review the new application before providing comment. RECEIVEB JUN I 4 2r,r,7 f,trr f,, (D hiot d or r."ycled paper GARFIELD &HECHT, P.C. Your consideration questions. in this regard is appreciated. Please feel Fred Jarmarr June 13,2007 Page2 of? free to contact me with DDS:ls Cc: David Blanchard Frank Breslin Lee Leavenworth Davis Farrar Very truly yours, 189318-l JUN,15,2007 3:5lPVl I.OYAL B. LEAVEIWORTTI SA}"IDERN. KARP JAI\4ES S.NEU KARLJ.HANI/ON MICTIAE,i: I. SAWI'ER LI 'WORII]&KARP ,. LEA\mFIWORTE & I(ARPi P.C. ATTORNEYS AT LAW 201 14nl STREET" sI'ITE 2OO P.O. DRAWER20s0 GLEI{WOOD SPRINGS, COLORADO 8T502 Telephone: (970) 945-226 I PE oEimil s1 (y7 0) 945-7336 kjh@lklaurfrm-oom NO, B B O P,2 SUSANIU. LA"ATSCEI A},INAS.IIENBERG CASSIAR F[.]RI\[AN BETIIE.KINNE CASSAIIDR.A, L, COIJI{AN I,AuRAlvt WASSMUIH CII,AD I. LEE Wa Facsmile: (g70)3E4-3470 FredJmmau Pf,inning Dircctor Carfield Corrutv loE Et' st*q srirc +ot Glenwood Sprtrys, CO El60 1 DElMlOPPl6p:+ 7OO WASHINGTT'N ST. STE 702 DEI'[1|BR, COIOR,ADO 80203' Tblcphone: (303) t2i,3995 ' (P learc d/lract all cuiesponfuw to our Olemtoodsrr,ngl Ofice) June 15,2007 . Rs: Rapids onths Colorado PUD Dear Frcd: T pt,rrposo ofthis letter is to request a contitrlrance ofthis matter to the nenct armilable Cormty Coumis8io!ff's meotiug on August 5,2007. Iu light of the Town of New Castle'e request for I continuatroe, rve atre also asking for a eontinuance so thatNew Castte's oontmen8 can be hsard by the fulI panot of County Commissiouers. Furthtr! we feel it is mote appropriate that the Toqm of New Castle provides aomments regardingfheir oomprehmrsive plan and interpretation thereof. Wo are *.omfotahle plasiry staff iu the position of substittrting their ifferprctatiou for the Torrur's after the plrnning Coumission ma oorsidened the Tornmqs hterpretafion.iu rmdering their decision and reoomm*A"Uon Tlrank you for yorn time and attention in thiE ruatt€r. Very tulyyours, LBAVEI{WORTH & KARP, P.C. KJHjac oo: GeneHilton Chris llale JUN,15,2007 3:51PMl LE LOYAL B, I,EA\TEI\IWORTTI SAI'IDER,N.IilRP JAIVIES S, NEU K6RLJ. T{ANLON MICIIAEL I. gAwffi. ST]SAI{W.IAATSCII ANNA S,ITEI.IBERG CASSIAB- FLIRIvIAI{ BEIIIE.BITIIiIE CASSA.IDRAL. @IEI\&{N . I,AIJRAM,WASSMTJTII CHADJ.LEB WORTl] & (ARP LEAYEI\IWORIE & I(ARP, P.C. ATTORI\IEYS AT LAW 201 I4TII STREET SI,IITE 2OO P.O. DBAWE;R2O3O GIENWOOD SPR.NOS, COLORADO 81602 Telephoue: (97 0) 945-226l Fa$ihilc: (970) 945-7336 Junc 15,2007 TACSIMILE TRANSTflTTAL SHEET NO B B O P, 1 DE}.I\TEROEFICB;* 7OO WASHINGTC'N ST, STts ?02 DENTVE& COLORADO to2o3 Tel@one: (303) 825-3995 *(Pkio dtrca ail coirczponderce to ow Glctrwood Sfigls Afiw) To: Fred JamA.n - Planuing Direotor Company: GarfieldCouuty Fur: (970) 384-3470 From:JilI A. CleghorlKarl I, Ilanlon, Esq. Nunber ofpages to be tansmitted: 2.- (includiUg c-over page) DocumentDescripion: napi{ on the Colorado PIJI) REIvfARKS: Atteched is cotrerpondeuce ffoln KarlJ. Hanlon dated O6l15wt - thankyou, NOTE:If you encounte( any difficulty in receiving the total ilmrber ofpages indioated above, PLEASE CALL (970) 945-226t AS SOON AS POSSIBLE. Jill _ 0RIGINAL SENT BY U.S. N{AII Operator IEXS tr'a,csrMrl,E rRAlttsMxlsroNls STRICTLY COTTXTDENTIAT., AND I$t INTEITDED ONr{YROR'THE IIITDIVIDUALOREilITITYNAI}IEDABOVE. Itr.YOUHAVEnEcEIwIDtIilST.ACSIMIIaTRAT$nfisTIoN IN ERROII, PLEAffi NOTITY TEH OIX'ICE IMMEI}IATELY AIID RETIIRI\T TIIE TBAI\ISIMISSION TO In| AT THE ABOVE ^I,ITRESs. TEA}IKYOU $amnC[coltRafderl,l07lFrxcg\Fq - &ed taaaur.r6d