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HomeMy WebLinkAbout3.0 Letter from Karl J. Hanlon 09.06.2013Ka r p. N e u. Haon l�o n w Karl J. Hanlon kih(rilmountainlawfrm.com Sander N. Karp Jeffrey J. Conklin 201 14th Street, Suite 200 James S. Neu Matthew L. Trinidad P. G. Drawer 2030 Karl J. Hanlon Glenwood Springs, CO 81602 Michael J. Sawyer Telephone: 970.945.2261 James F. Fosnaught Of Counsel Facsimile: 970.945.7336 Anna S. Itenberg Greg S. Russi Hollie L. Wieland www.mountainlawtirrn.com September 6, 2013 Kathy Eastley Garfield County Community Development 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Strong P.U.D. Amendment Dear Kathy: This letter is intended to be the amendment justification report called for under the Unified Land Use Code Section 6-301 for a PUD amendment. Consistent with Pre -Application Conference held on July 30, 2013 and the follow up e-mail from Kathy Eastley dated September, 2013, this PUD amendment is a non -substantial modification to the existing Strong Subdivision Planned Unit Development (P.U.D.) (copy attached). Since the original approval of the P.U.D. in 2009, changes in use patterns within western Garfield County have lead the Applicant, Una Development, LLC, to seek to amend the P.U.D. with regard to limitations on numbers of workers and office space allowed within the current P.U.D. zone district Resource Support (R -S). The specific section of the Strong Planned Unit Development Zoning & Development Control Guide for which the amendment is requested is D 1. The Applicant is proposing that conditions A through D be deleted and that all other requirements and restrictions contained in the Zoning & Development Control Guide remain unchanged. One of the issues identified in the pre -application conference for limiting the number of employees and office square footage was a concern regarding the availability and design of the potable water facilities. At this time with the facilities fully developed, the ability to increase the number of employees both from a physical supply side and regulatory standpoint are provided for. (See attached letter from Chris Manera P.E.) Currently there is no need to apply for an amendment to the CDPHE permit until there are 25 individuals utilizing the system. The current Performance Standards in § No. 15 provides that the public water system will be permitted through CDPHE at such time as the system serves more than 25 individuals for an average of 60 days per year. In addition, the covenants also acknowledge this requirement in Section 9.06 (copy attached). KARP NEU HANLON, P.C. Page 2 Accordingly, at this time we are requesting this minor modification to the P.U.D. to allow for more flexibility in the use of the Strong P.U.D. Should you have any questions, please do not hesitate to contact me. Enclosed herewith is a proposed amended P.U.D. Zoning and Development Control Guide as well as an amendment to the covenants acknowledging the requirement to update the water system permitting when the CDPHE regulations require it. KJH:eg Enclosures cc: George Strong Very truly yours, KARP NEU HANLON, P.C.