HomeMy WebLinkAbout03.0 Correspondence2014 BLAKE AVENUE
411 411
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO B1601
June 5, 1979
TO ALL REVIEWING AGENCIES:
PH❑NE 945-8212
Enclosed is a copy of the Preliminary Plat for the second
filing of Los Amigos P.U.D. It includes Plase I and Phase II of
the original plan. There are 66 single family lots. We would
appreciate your comments on this proposal by Monday, July 9, 1979.
If I can answer any questions, please feel free to contact
me.
Sincerely,
Ray Baldwin
Planning Director
RB/hr
Enc.
STATE OF COLORADO
Richard D. Lamm, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
Jack R. Grieb, Director
6060 Broadway
Denver, Colorado 80216 (826-1192)
5 July 1979
ray Baldwin
Planning Director
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
JUL 91979
GARpikLD
L
Dear Mr. Baldwin:
I have reviewed the preliminary plan for the Los Amigos P. U. D.
filing No. 2. Representatives of the Division of Wildlife have
discussed the wildlife impacts of this development with Dr. Chatmas
and his representatives and we have reached agreement on procedures
to handle or minimize most of them.
In reviewing the information before me at this time, I would like
to see th-,e restrictions on dogs tightened up to include a require-
ment that dogs not be allowed to run at large even on the owner's
property in the lower density housing areas. Kenneling or leash
restrictions would do a great deal to prevent the dog -deer conflicts
that are so detrimental to deer when they are forced onto the
critical winter range such as that contained in this development.
Thank you for providing the opportunity to comment cn this
project.
Sincerely yours,
. R. Adams, DWM
P. C. Bcx W
Basalt, Colorado 81621
DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WILDLIFE COMMISSION, Vernon C. Williams, Chairman
Thomas Farley, Vice Chairman • Sam Caudill, Secretary • Jean K. Tool, Member • Roger Clark, Member
Jay K. Childress, Member • Dean Hull, Member • Dean Suttle, Member
RICHARD D. LAMM
Governor
DIVISION OF WATER RESOURCE Trs.
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203 3
Administration (303) 839-3581
Ground Water (303) 839-3587
July 5, 1979
Mr. Ray Baldwin, Planning Director
Garfield County
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Los Amigos P. U. D.
Filing No. 2
Dear Mr. Baldwin:
919,
uo. 1..Li, tfiL-R
C.J. KUIPER
State Engineer
This is to acknowledge receipt of preliminary plan information con-
cerning the above referenced subdivision. As requested, we have reviewed
the water supply plan and it appears that an adequate supply is available
from the Spring Valley alluvium.
We do believe that additional information should be provided con-
cerning the legal entity responsible for ownership, operation and maintenance
of the water system. Without proper planning concerning this aspect of the
water supply, future homeowners may not have adequate representation with
regard to future water system costs.
While we have no objection to the approval of the subdivision, we
feel that additional information should be provided on the legal entity which
will control the water system.
H DS : mvf
cc: Lee Enewold, Div. Eng.
Land Use Comm.
Very truly yours,
it A
Hal D. Simpson, Chief
Water Management Branch
For: Dr. Jeris A. Danielson
Deputy State Engineer
411
GARFIELD COUNTY •
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 91601
2014 BLAKE AVENUE PH❑NE 945-8212
To: Planning Commission
From: Planning Staff
Date: July 5, 1979
Subject: Los Amigos Ranch, Filing No. 2
Since the meeting of June 11, the developer and the staff
have met trying to resolve the problems which appeared at the last
meeting.
The following items have been addressed:
1. Roads:
Leonard Bowlby and the staff have walked the proposed
road alignments. It is our recommendation that all
roads meet the County road width requirements and
that Lane "B" West and Court "B" not exceed 10% in
grade and that all other roads not exceed 8%.
2. Sewage Treatment:
It is intended by the developer that all single
family lots will be on septic systems. All other lots
will be on the central sewage system.
3. Lot Lay Out:
It is our understanding that some but not all flag lots
have been eliminated. Also, that only a portion of this
preliminary plat will be platted as a final plat at any
one time. We do not, at this point, have on file any
map showing any of these revisions. Also, we have nothing
other than a verbal commitment as to the compliance of
the duplex lots within the P.U.D. nor number of units per
multifamily lot.
RB/hr
June 29, 1979
• •
SUNDESIGNS ARCHITECTS
ARCHITECTS PLANNERS SOLAR CONSULTANTS
Mr. Nicholas R. Massaro
Superintendent
Roaring Fork School District RE -1
P.O. Box 820
Glenwood Springs, CO 81601
REF: LOS AMIGOS P.U.D. - PROPOSED SCHOOL SITE
Dear Mr. Massaro,
GAI?ri4Lll Li). i L"a1NiG13
This letter is a review of our discussions with the Roaring Fork
School District Board of Education to date and a response to your
letter to Mr. Ray Baldwin dated June 12, 1979.
On April 10, 1979, Mike Dakan and I made our initial presentation
to the Board. We discussed such items as: the overall Los Amigos
P.U.D. and its phasing; the d.u. ration to school site acreage;
the initial phase development; the availability of all utilities;
the proposed site and its relationship to C.M.C. We returned two
weeks later, on April 24, and made a more specific presentation.
The site size was increased to 13 acres (up from 12 acres) to com-
pensate for the 1 acre access link. A site plan sketch showing
possible parking, school size and outdoor activity areas was hand-
ed out to Board members and discussed. Two general areas of con-
cern were then discussed.
The first centered around site access. The proposed access is
off CR 114 through a 100' wide x 460' corridor. The topography
along the access corridor is such that a cut will be required.
A road constructed to county standards would require an approxi-
mate cut of 8770 C.Y. By no means insignificant, this cut can be
seen in perspective when compared to the potential for earthwork
on the school site of 43,000 C.Y. Another concern with access was
visibility at the intersection. Proper contouring at the entry to
the school will insure adequate vehicular visibility. This can be
done because of the straight road to the east and the outswinging,
long radius curve to the west. It was our feeling, at that meet-
ing, that these concerns were addressed and somewhat resolved.
The second area of concern expressed by the Board was that of
water availability. There is adequate water supply for all of
Los Amigos P.U.D. We indicated that water would be made available
to the school. It was suggested that the District's Attorney and
1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201
LOS AMIGOS P.U.- PROPOSED SCHOOL SITE
June 29, 1979
Page 2
•
the Los Amigos P.U.D. attorney get together and work out details
on water. Mr. Bill Jochems represents Los Amigos and is availa-
ble to discuss this subject at your convenience.
Water and sewer service for the school site have been integrated
into an engineering studies for this project. Both are availa-
ble at the school site boundaries at no cost to the School Dis-
trict. However, with the formation of the Sanitary District and
Water District, there will be tap fees and service charges to
the School as set forth by these Districts. It is our understand-
ing that the School District is excluded from ad valorum tax.
Since the April meetings we have confirmed the existence of a
well on the school site. The well and water supply line may be
excluded from the final legal description of the school property
but would be available for school use.
In your letter of June 12, 1979, you expressed concern about site
access and water, which I have addressed previously in this let-
ter, and also indicated concern for the proposed commercial site
adjacent to the school. It is not our intention that this area
be "service" commercial; rather it would be used for special use
to the P.U.D. development, C.M.C. and elementary schools which
could not be zoned under any other classification (for example, Day
Care).
I hope this letter answers the questions and concerns raised in
your June 12 letter. We are available, at your convenience, to
discuss these matters further.
Sincerely,
S SIGNS A '.EC
Richard L. Dart - Architect, AIA
cc: Ray Baldwin ✓
RLD/cg
RICHARD D. LAMM
GOVERNOR
D
4 irji
COLORADO GEOLOGICAL SURVEY �`., 8
DEPARTMENT OF NATURAL RESOURCES G4;��'` %b79;
42
715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET l% 60
DENVER, COLORADO 80203 PHONE (303) 839-2611 / ,.iFR`:J
JOHN W. ROLD
Director
Mr. Ray Baldwin
Garfield County Planning Department
Glenwood Springs, CO 81601
Dear Mr. Baldwin:
June 27, 1979
RE: LOS AMIGOS PUD,
FILING #2,
GARFIELD COUNTY
We have reviewed the above referenced application and find that the
geologic conditions have been adequately described in a report prepared
by Lincoln DeVore Laboratories. The Lincoln DeVore report notes that
potentially unstable slopes are present locally in the area and
recommends that set -back distances be estahlished. We recommend that
set -back distances be determined and plotted on the final plat.
Flash flooding possibly could affect parts of lots 53, 54, 55, 80, 81,
and 82. We recommend that set -back distances from the drainage be
determined and plotted on the final plat.
On -lot sewage disposal has been proposed for a part of the subdivision.
We recommend that the on -lot sewage disposal systems be designed by
qualified personnel and that this requirement be noted on the final plat.
If we can be of further assistance, please contact us.
WRJ/vt
cc: Land Use Commission
Sincerely,
Walter R. Jun-0._
Engineering Geologist
GEOLOGY
STORY OF THE PAST ... KEY TO THE FUTURE
KKBNA
Scsrrow Walker
Incorporated
Consulting Engineers
Land Surveyors
• 14
•
r.�
SCHOOL SITE DESCRIPTION
A parcel of land situated in part of Government Lots Six and
Eleven of Section 5, Township 7 South, Range 88 West of the
Sixth Principal Meridian in the County of Garfield, State of
Colorado. Said parcel lying northwesterly, in part, of the
northwesterly right-of-way line for County Road Number 114
(College Road), said right-of-way line being 30.00 feet north-
westerly of and parallel to the centerline of said county road
as constructed and in place, easterly, in part, of the east-
erly line of Los Amigo Ranch, Filing Number One, and westerly,
in part, of the westerly line of a tract or parcel of land as
described in Document Number 2.56352 (being Book 438 at page
540) as on file in the Garfield County Records (Note: Bear-
ing of said westerly line has been rotated 00°12'12" right
to match basis of bearings) said parcel being more particu-
larly described as follows:
Beginning at the Northeast Corner of Section 8 in said town-
ship and range, a stone corner found in place and properly
marked; thence N. 29°30'23" W. 1005.43 feet to the Southeast
Corner of said Los Amigos Ranch, Filing Number One, a rebar
and cap in place, said corner being also on said northwester-
ly right-of-way line, the True Point of Beginning; thence,
leaving said right-of-way line, N. 25°44'45" W. 539.32 feet
along said easterly line to a rebar and cap in place; thence,
leaving said easterly line, N. 25°44'45" W. 482.56 feet;
thence N. 64°15'15" E. 1047.66 feet to a point on said wes-
terly line; thence S. 00°00'12" W. 644.75 feet along said
westerly line; thence, leaving said westerly line, S. 64°15'
15" W. 667.56 feet; thence S. 25°44'45" E. 447.39 feet to a
point on said northwesterly right-of-way line; thence S. 67°
49'48" W. 100.20 feet along said northwesterly right-of-way
line to the TRUE POINT OF BEGINNING.
Said parcel containing 13.12 acres, more or less.
Bearings for this description were based on a bearing of S.
88°54'23" E. between the Northwest Corner of Section 5, Town-
ship 7 South, Range 88 West of the Sixth Principal Meridian
and the North Quarter Corner of said Sedtion 5.
KKBNA/SCARROW & WALKER, INC.
1001 Grand Ave.
Glenwood Springs, CO 81601
June 28, 1979
2014 BLAKE AVENUE
GARFIELD COUNTY •
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
June 5, 1979
TO ALL REVIEWING AGENCIES:
PHONE 945-8212
JUN 2 7 .1979
U, i!i!'!¢- ER
Enclosed is a copy of the Preliminary Plat for the second
filing of Los Amigos P.U.D. It includes Plase I and Phase II of
the original plan. There are 66 single family lots. We would
appreciate your comments on this proposal by Monday, July 9, 1979.
If I can answer any questions, please feel free to contact
me.
Sincerely,
Ray Baldwin
Planning Director
7)/1 Tit/ BE LL /D' 4SemetT
RB/ hr AL D/VG 5/20e ALL S-Tg73-'
Enc. GL1�l,�.�yS, /Po,444,DGUi¢ y Dec/l C/4Tel Po& 1.1Se
if By 1.1 Th LiTiLs
/22, Adia
Roaring Fork School District RE -1
P.O. Box 820
Glenwood Springs, Colorado 81601
Telephone (303) 945-6558
June 12, 1979
Mn. Ray 8a.2dw.in
Gan4.iad County gemming Ditectat
2014 Geake Avenue
Glenwood Sp/zings, Ca.eanado 81601
RE: Lo4 Amigos PUD Phase 1 and Phase 2
NICHOLAS R. MASSARO, Superintendent
JUN 13 1979
yAl?FlrLj CO. titA.
R
Dean Ray:
The Roaring Fonk Schoo.e Vi t,' ict 8aatd os Education discussed Los Amigos
PUD at thedt negutat meeting an June 11, 1979.
As you ate away.e, the 8aand has been .in contact with the devetopen'4
agent negand ing the pnapo4ed 4choo.2 site. There ane st tt sevenat
questions that need to be ceea&ed with that site, te, namely water nights
and access. Lt does not appear to the Board that the pro pas ed access
£4 a sale one, and a 40 the d.i..sticLc.t would Like guarantees bnom the
devetopen that water w.i e eventuatey be ptov.cded to the site with no
monetary assessment made.
The &cad also expn.essed conce.&n about the proposed comme&ciae site
dinectey .to the south o5 the 4choaZ site. It was out undenstandJng
on.iginatty that this wowed not be commenc.iat prapenty, and we have
strong concerns about the proximity o6 a business di,str.i.ct to out
schao.e6.
We would appreciate you& passing these thoughts on to the Harming
and Zoning Comm.i44.ion.
NRM / h,e
• GARFIELD COUNTY •
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE
MEMORANDUM
To: Planning Commission
From: Planning Staff
Date: June 11, 1979
Subject: Los Amigos Subdivision 2 Preliminary Plan
Items of Concern
PHONE 945-8212
1. Roads
Only one road in the subdivision (Drive "A") is proposed to he dedicated to
the County and meets County specifications.
Many of the roadways have grades in excess of 8%.
The County Road Supervisor has stated that he will not accept the street
system as shown in the present Preliminary Plan. It is recommended that
all internal roadways be to County specs. and that they be dedicated to the
County.
There is a possibility of at least 5 driveways or roads accessing onto
County Road 114. The designer was encouraged to coordinate one entrance with
C.M.C.'s plans.
2. Sewage Treatment
There is only an interim sewage treatment proposal with C.M.C., no agreement.
This interim proposal includes the 96 apartment units in Subdivision 1 and
does not mention 311 units in Subdivision 2.
Septic systems are proposed for a portion of the single family units. A
general area is indicated, but how many and specifically which lots will not
be served by central sewer is not explained.
3. Lot Lay Out
There are 31 flag lots shown on this plan, some of them with contiqous
corridors for access. The staff feels that in addition to this being a sloppy
approach to subdivision design, it will burden some lot owners with excessive
maintenance costs, cause problems with access for emergency services and
create inefficient and confusing situations concerning the responsibility for
access to these lots. Because there are no dimensions indicated, it is not
certain whether these corridors even meet County requirements for a minimum
25 foot frontage on the access road.
4. School Dedication
The subdivision regulations require un to 10% of valuation of the project be
dedicated to the School District. The staff questions whether or not the 13
acre tract proposed for a school site is adequate to compensate the School
District for the potential impact that this development will create.
• •
Los Amigos Subdivision 2 Preliminary Plan
Items of Concern
Page two
5. The number of units proposed for the multifamily lots is not indicated.
There are 168 units on 25 lots occupying a total of 84 acres. The plat
should show the number of units proposed for each lot.
6. The Los Amigos P.U.D. proposed three 3 -year phases for development. The
total number of units for phase one was 214. The total actual units in
Subdivision 1 and 2 is 407 or nearly twice the number indicated in the
P.U.D. application. The duplex units proposed for Subdivision 2 includes
71 units, but the P.U.D. indicates a total of 62 units for the entire three
phases. This is inconsistant with the P.U.D. as approved and should be
modified or dealt with by amending the P.U.D.
SA/hr
• •
Roaring Fork School District RE -1
P. O. Box 820
Glenwood Springs, Colorado 81601
Telephone (303) 945-6558
July 11, 1979
Mr. Richard Dart
1315 Grand Avenue
Glenwood Springs, CO 81601
Dear Mr. Dart:
NICHOLAS R. MASSARO, Superintendent
DWIGHT L. HELM, Assistant Superintendent •
WALLACE M. PARKER, Assistant Superintendent, Business
JUL 12 1979
GARrit-ZD CO, L.fj,
114n .
°vtR
On July 9, 1979, the Roaring Fork Board of Education discussed
your letter of June 29, 1979. Concern was expressed by the Board
of some items in your letter.
The Board is stili troubled by the proposed access. They feel
that an excessive cut would have to be made if the grade of the
entrance is kept to a year -around safe ingress and egress. Also,
the visual factor is limited. A much better access would be to
the west of the proposed site.
Another concern of the Board is arrangements for sewer and water
to the site. It is rhe Board's opinion that this should be pro-
vided to the property line at no cost to the district. They sug-
gest that the Los Amigos attorney draw up a document spelling
this out so that it can be referred to the school district's at-
torney. If you have further questions, please feel free to con-
tact me.
Sincerely yours,
h•las R. Massaro
NRM:fjs
cc: Ray Baldwin
• •
COLORADO DEPARTMENT OF HEALTH
4210 EAST 11TH AVENUE DENVER, COLORADO 80220 PHONE 320-8333
Frank Traylor, M.D., ecutive Director
DATE: July 20, 1979
SUBJECT: NON -STATE ASSISTANCE
REVIEW AND COMMENTS
TO:
Mr. Ray Baldwin
Planning Director
Garfield County Planning Department
Glenwood Springs, CO 81601
PROJECT TITLE: Phase I and II, Los Amigos PUD
STATE IDENTIFIER: NA
COMMENTS: Air Pollution Control COMMENTS DUE: July 9, 1979
2 197,
A subdivision development of this size (570 acres and 311 dwelling units)
will have an impact on the air quality of the area. However, the Air Pollution
Control Division has no regulatory authority over activities generating sources
(generator of auto trips) of air pollution. This subdivision during the con-
struction phase has the potential of generating substantial fugitive dust emis-
sions from the following: 1) earth moving and grading activities; 2) movement
of vehicles on unpaved roads; 3) wind erosion; and 4) tracking of material onto
paved roadways and subsequent reentrainment.
Normal control measures employed to control the level of emissions are respectively:
1) watering and limiting grading to sites ready for construction and subsequent re -
vegetation; 2) paving of heavily trafficked roadways and watering or stabilization
of lower volume roadways; 3) re -vegetation; and, 4) cleanup of trackout material.
Following initial development major sources of emissions will be: 1) vehicle
movement on unpaved roads; 2) dust reentrained from paved roads; 3) wind erosion
from exposed areas; and 4) motor vehicle emission.
Controls are as follows: 1) paving or other types of stabilization; 2) cleaning
of major roadways, curbs and gutters; 3) re -vegetation of exposed areas.
We would recommend that the control strategies listed be implemented.
1"ame, Title
Micki Barnes, Program Administrator
SOC -3, Jan 79
•
July 12, 1979
SUNDESIGNS ARCHITECTS
ARCHITECTS PLANNERS SOLAR COtdeSULTANTS
Mr. Ray Baldwin
Garfield County Planning Director
2014 Blake Avenue
Glenwood Springs, CO 81601
197,
614/0420
14-8
REF: LOS AMIGOS RANCH SUBDIVISION NO. 2
PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING
Dear Ray,
Enclosed is a copy of the Proof of Publication from the Glenwood
Post, for the Notice of Public Hearing published on June 19,
1979.
We would appreciate receiving copies of the Notice of Public
Hearing materials that were submitted, so that our files will
be complete.
Sincerely,
SUNDESIGNS ARCHITECTS
.4‹
Dean K. Moffatt
Enclosure
DKM/cg
1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201
1111MUSICK, WILLIAMSON, SCHWART,
LEAVENWORTH & COPE, P.C.
75 MANHATTAN DRIVE - SUITE 1
P.O. BOX 4579
BOULDER, COLORADO 80306
MEMORANDUM
TO: Arthur A. Abplanalp, Garfield County Attorney
DATE: September 21, 1979
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, CO. 81601
RE: POWER OF BOARD OF COUNTY COMMISSIONERS TO REQUIRE INCLUSION
OF ADDITIONAL LANDS WITHIN THE BOUNDARIES OF THE PROPOSED
SPRING VALLEY SANITATION DISTRICT
At the conclusion of the first public hearing for the proposed
Spring Valley Sanitation District (SVSD) conducted September 17, 1979,
the Commissioners and County Planner expressed a desire to seek the
inclusion of adjacent developments within the proposed SVSD boundaries
as a condition of approval of the SVSD Service Plan.
At that time members of this firm expressed their reservations to
you over the ability to require such as a condition of approval of the
SVSD Service Plan and of the general ability to contractually bind a
yet -to -be -created special district to include additional lands
subsequent to district formation.
This Memorandum will briefly discuss the legal issues presented by
all parties in an attempt to grant the Commissioners a fuller
understanding of their role in the district formation process under
C.R.S. 1973, 32-1-201, et secl.
DISCUSSION
As set forth by previous Memorandum, dated August 20, 1979, the
Petitioners of the SVSD have filed the required number of copies of the
Service Plan with the Clerk and Recorder of Garfield County, together
with the maximum permissible processing fee of $200. C.R.S. 1973,
32-1-204.
Pursuant to statute, the Board of County Commissioners set a date
(September 17, 1979) for a public hearing on the Service Plan.
C.R.S. 1973, 32-1-208(1).
The County Commissioners at such a hearing are required to hear
evidence in support of the Service Plan and entertain questions and
input from interested parties, designed to assist them in their required
determinations of fact under C.R.S. 1973, 32-1-205.
• 1
Memorandum
September 21, 1979
Page 2
The criteria for approval, disapproval, or conditional approval by
the County Commissioners is set forth at C.R.S. 1973, 32-1-205(1),
to -wit:
(a) There is insufficient existing and
projected need for organized service in the area to
be serviced by the proposed 'district; or
(b) The existing service in the area to be
served by the proposed district is adequate for
present and projected needs; or
(c) Adequate service is, or will be,
available to the area through municipal annex-
ation by other existing municipal or
quasi -municipal corporations within a reasonable
time and on a comparable basis; or
(d) The proposed special district is
incapable of providing economical and sufficient
service to the area within its proposed bound-
aries; or
(e) The area to be included in the proposed
district does not have, or will not have, the
financial ability to discharge the proposed
indebtedness on a reasonable basis; or
(f) The facility and service standards of the
proposed district are incompatible with the
facility and service standards of adjacent
municipalities and special districts.
A deficiency in any one of the above -stated criteria will permit
the Board of County Commissioners to either disapprove or conditionally
approve the SVSD Service Plan.
It is our opinion from a review of the aforementioned statutory
criteria that the Board of County Commissioners, under C.R.S. 1973,
32-1-201, et seq., are without jurisdiction and power to disapprove or
conditionally approve the SVSD Service Plan upon a requirement for the
inclusion of additional lands within the proposed district's boundaries
when such is not necessary to effectuate a positive finding under the
statutory service plan criteria.
Moreover, it is our considered opinion that no agreement or
condition of approval designed to bind the Board of Directors of the
proposed SVSD to negotiate the inclusion of additional lands within
district boundaries would be binding and enforceable upon formation of
the SVSD. The reason for our conclusion in this matter is the generally
accepted principles that the promoters of an entity created by law
cannot bind such to a course of conduct or vote determination prior to
its formation.
• •
Memorandum
September 21, 1979
Page 3
CONCLUSION
The Board of County Commissioners are without power and
jurisdiction to disapprove or conditionally approve the SVSD Service
Plan on criteria other than those set forth in C.R.S. 1973, 32-1-205(a).
The criteria for Service Plan review set forth in the Special District
Control Act do not encompass a requirement to include additional lands
within the proposed district's boundaries when full compliance with the
aforementioned criteria exists after the conclusion of the review by the
relevant Board of County Commissioners.
Moreover, the petitioners of the proposed Spring Valley Sanitation
District have incurred considerable delay and expense as a result of
endeavors by their legal, engineering, and financial consultants to
provide for the inclusion of the proposed Lake Springs development
within the boundaries of the proposed district.
It is the viewpoint of the petitioners of the proposed district that
to require further extensive negotiations and engineering and bonding
analyses required for the inclusion of additional lands within the
proposed district would be to impose an undue hardship, particularly
when the opportunity for inclusion was previously presented and
declined.
Finally, and most important, is the contractual requirement for the
formation of the SVSD by January 3, 1980, as set forth in Paragraph 6
of the Sewage Treatment Services Agreement, between Los Amigos Ranch
P.U.D. and Colorado Mountain Junior College District, attached as
Appendix A to the SVSD Service Plan. If, for any reason, the SVSD is
not formed by January 3, 1980, the formation of a sewer district to
serve the Los Amigos Ranch P.U.D., Colorado Mountain College, and
other development in Spring Valley will be precluded.
The inclusion of the Lake Springs development will require the
preparation of a new Service Plan and new hearings; essentially, it
will require the entire process to be reinstituted. It will be impossible
to complete the formation of the SVSD prior to the aforementioned
deadline if inclusion of additional lands is now required by the
Commissioners.
We would reiterate the only reason for the non-inclusion of the
Lake Springs development within the boundaries of the proposed SVSD is
due to the choice of the developers of Lake Springs. Furthermore, we
are informed that Lake Springs' development plans are not sufficiently
defined to permit the preparation of a revised SWSD Service Plan.
r
i •
Memorandum
September 21, 1979
Page 4
Therefore, for all the reasons stated, the Petitioners believe the
best alternative is for the Commissioners to approve the SVSD Service
Plan to permit Los Amigos Ranch and CMC to form the proposed district
and allow Lake Springs to annex into the District after formation.
•
TELEPHONE 303-945-8571
WILLIAM D. JOCIIEMS
ATTORNEY AT LAW
811 BLAKE AVENUE
GLENWOOD SPRINGS, COLORADO 81601
September 19, 1979
Mr, Nicholas R, Massaro
Superintendant - Roaring
Fork School District RE -1
1405 Grand Avenue
Glenwood Springs, Colorado 81601
RE: Los Amigos School Site
Dear Mre Massaro:
POST OFFICE BOX 195
Once again, the Subdividers of the Los Amigos Planned Unit
Development tender an agreement to RE -1 for consideration. This
time the Subdivider proposes to make the cash payment to the school
district in lieu of the school site. I have not specified the
amount of the cash payment, but what is intended is the usual formula
of the market value of one acre for every 50 dwelling units. This
is clearly legal, contemplated by both the statute and the County
Ordinance and is in fact employed often by the school district.
In addition, because the Subdividers genuinely desire a school
on the subject property, this agreement provides for the school
district to have an option to purchase the property from the Subdi-
vider for the same price as the cash payment. If the school district
did purchase the property, then the properties use would be limited
as provided in the agreement for the purpose of building a school or
schools and maintaining them,
This solution would seem to satisfy everyone's objectives, The
Subdivider would thus be assured that the school district would not
take the property unless it really intended to build a school and the
school district would have protection against inflation by being able
to acquire the site at today's market value no matter when the school
district elected to buy the property,_
At the Board Meeting on September 10, I sensed that the board
would favorably consider such a proposal (although I understand they
were not bound to do so) and that I was to work with the school
district's attorney in the preparation of such an agreement. However,
when I talked with Claire Green it was apparently not her understanding
that she was to work with me towards this end, Accordingly, I have
Mr, Nicholas R. Massaro
September 19, 1979
Page two
just mailed this to you directly without sending any copies to her
or without consulting with her regarding the preparation thereof.
Ver
William D Jochems
WDJ/bw
cc: Mr. Robert Chatmas
Sun Designs
di ider intends hat said nro e
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Roaring Fork School District RE -1
P. O. Box 820
Glenwood Springs, Colorado 81601
Telephone (303) 945-6558
September. 26, 1979
Gan6ie.ed County Comnli,daionets
Gan6ieed County Count Hou4e
G.eenwood Sp'L cnga , Co.eon.ado 81601
den. Comm,i.aaioneta :
NICHOLAS R. MASSARO, Superintendent
DWIGHT L. HELM, Assistant Superintendent
WALLACE M. PARKER, Assistant Superintendent, Business
7 1979
•
I, rivefe
At the neguean meeting the Rocvct.ng Faith Schoo.e Viat&ict
Board ob Education, heed September. 24, 1979, ,the Baand met
again with nepneaentatLvea oi6 the Loa A Lgoa development
project -to conai.den .theic tatea-t pnopoaed agreement. Arlen
di.4cusa.ion, the 6ottowLng motion waa made and unani.moua.ey
approved:
Motion by Mn. Thueaon - 1 move .that the Schoo.e Board aah .the
Board o6 County Comm,i,azioneru to Aequeat Land 1Aom Loa Arn.go4
-Ln the amount hen.etobone nequea-ted, thin -teen acnes, and ,they
zone .the Land .in Ouch manner and 6a2h..on a3 they deem Aequi ed
by taw. Seconded by Mn. Hoiden. !/ole: Aye - DA. Vewett,
M. Haden, M44. Magg.ione, Mn,a . Schmid and Mn. Thueaon.
The Board vLewa the pnopet lcj deset ibed .in attachment Exhibit "A"
as a deai ib.ee po.ten-tLa.e achoo.e site needed .in the butun.e.
S-Lncene(„ /[.A)ey /y1Oona, i/\
/1 •yl /+ r�� /
Nicho.eaa R. Mcuaan.o
ht
Fnctoaune
cc: Ray Ba.edw.in, County Hanna
JOHN D. MUSICK, JR.
STEPHEN T. WILLIAMSON
ALAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SUE ELLEN HARRISON
WILLIAM T. SMITH, JR.
KEVIN L. PATRICK
JAMES S. LOCHHEAD
•
MUSICK, WILLIAMSON, SCHWAR
LEAVENWORTH & COPE, Y.C.
ATTORNEYS AT LAW
75 MANHATTAN DRIVE — SUITE 1
P.O. BOX 4579
BOULDER, COLORADO 80306
TELEPHONE (303) 499-3990
(COLO) 1-800 332-2140
September 21, 1979
Glenwood Springs
Arthur A. A. Abplanalp, Esq.
Garfield County Attorney
P. 0. Box 640
Glenwood Springs, CO 81601
SEP 2 1979
L_
❑IYiU ILLI) Li
GLENWOOD SPRINGS OFFICE
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, CO. 81601
TELEPHONE (303) 945-2261
(COLO) 1-800 332-6955
Re: Proposed Spring Valley Sanitation District
Dear Art:
Enclosed for your review is a Memorandum addressing some of
the issues and concerns the Commissioners and Ray Baldwin raised
at the September 17, 1979, public hearing.
Please feel free to call Lee Leavenworth or me prior to the
October 1, 1979 public hearing if you would care to discuss these
matters further.
Very truly yours,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE P.C.
1
By
KLP:jaw
Enc.
cc: Robert W. Chatmas (w/enc.)
Dean K. Moffatt (w/enc.)
William L. Lorah (w/enc.)
Thomas Bishop, Esq. (w/enc.)
t, -Ry Baldwin (w/enc.)
Kevin L. Patrick