HomeMy WebLinkAbout9.0 One Year Extension RequestJoHN A. THULSoN
EDWARD MULHALL, JR.
Scorr BaLcoMB
LAWRENCE R. GREEN
TIMOTHY A. THULSoN
LoRr J. M. SATTERFTELD
EDwARo B. OLSZEWSKT
BALCOMB & GRpprv, P.C.
AT,IORNEYS AT LA.w
(FoRMERLY DELANEY d BALcoMB, P.C.)
P. O. DRATVER 790
8 I 8 COI,OR-A.Do A\.ENUE
GLENwooD SPRTNGS, CoLoR-{Do 8l r6OP
Telephone: 970.945.6546
Facsimile: 970.945.9769
April27, 1999
OF CouN5EL:
KENNETH BALCoMB
DAvrD SANDovAL
DENDY M, HEISEL
CHRTSToPHER L. CoYLE
Mark Bean, Planning Director
Garfi eld County Planning Department
1Ct 8'h Strei:t
Glenwood Springs, CO 81601
Re:Los Amigos Ranch
Dear Mark:
I am writing on behalf of Los Amigos Ranch Partnership to request an extension of one
year of the Preliminary Plan for the Los Amigos Ranch, Filings 6-10 Subdivision, pursuant to
Section 4:34 of the Garfield County Subdivision Regulations.
By Resolution No. 98-30, the Board of County Commissioners of Garfield County
approved the Preliminary Plan for the Los Amigos Ranch, Filings 6-10 Subdivision. This
Resolution was approved by the Board on May 27 , 1998 and was recorded in the records of
Garfield County on the same date as Reception No. 525809, at Book 1069, Page 613. Pursuant
to Section 4:34 of the Subdivision Regulations, such preliminary plan approval is valid for one
year unless an extension of up to one additional year is granted by the Board.
Condition No. 12 of Resolution No. 98-30 provides that "as a condition of approval the
metho,:l of sewage disposal shall be a low pressure central sewage disposal system of a type
stmriar to that proposed by the Girficiti Cudrriy E,giireer, '*i'ith the ccst cf the oentrlJ servage lilte
to be borne by the developer." As you are aware from the recent hearings conducted in
connection with the application of the Spring Valley Sanitation District ("SVSD") to amend its
Service Plan, there is presently no central sewer treatment plant capacity available to provide
service to the lots approved in the Los Amigos Ranch, Filings 6-10 Subdivision Preliminary
Plan. An expansion of SVSD's treatment facility is required. Therefore, in order to satisfy
Condition No. 12 of its Preliminary Plan approval, Los Amigos Rzrnch Partnership has petitioned
to have the land within the Preliminary Plan included within SVSD, has actively participated in
and proportionately funded SVSD's efforts to amend its Service Plan and expand its treatment
plant, and has committed to fund a proportionate share of the actual cost of plant expansion.
RECEIVED,T,iRiSIgS
BAr,coMB & GREEN, P.C.
A,I"I,ORNEYS A't. LA\v
Mark Bean, Planning Director
Aprll2T , 1999 Page 2
The Board's approval on April 26,1999 of the Amended SVSD Service Plan was the
necessary first step to make central sewer service available to Filinlgs 6-10 of the Los Amigos
Ranch Subdivision. Los Amigos Ranch's participation in the plant expansion process to date and
its commitment to proportionately fund the remainder of the permirtting process and construction
of the plant constitutes its best faith efforts to satisfy condition no.12 of the Preliminary Plan
approval and justifies the extension of the Preliminary Plan as requested herein.
In connection with this request, we have also reviewed Board of County Commissioners
Resolution No. 96-34, entitled "A Resolution Concerning Approval of the Los Amigos Ranch
Partnership Application for Amendment to the Los Arnigos Ranch Planned Unit f)evelopment
ZoneText, PIID Plan and Development Plan." Paragraph 21 of Resolution No. 96-34 sets forth
the approved phasing plan for Los Amigos Ranch. In that paragraph, the property which is
subject to the Preliminary Plan for the Los Amigos Ranch, Filings 6-10 Subdivision is identified
as "Phase Designation (Preliminary Plan) 2" and it is required that the preliminary plan for that
property be initially submitted no later than December 31, 1999. In this case, the initial submittal
of the preliminary plan was significantly accelerated and we are making the within request for an
extension of the approved Preliminary Plan well before the phasinp; plan requires even the initial
submittal of the preliminary plan application. We therefore submit that granting the within
request for extension of the approved Preliminary Plan is entirely consistent with the approved
phasing plan for Los Amigos Ranch.
It is our understanding that the within request for an extension of the Los Amigos Ranch
Preliminary Plan will be scheduled as an agenda item at a regular meeting of the Board of
County Commissioners, but no public hearing is required. We therefore request that this matter
be set for consideration by the Board at regular meeting during the month of May, prior to May
27 , 1999. Please let me know the time and date of such meeting. In the meantime, should you
have any questions or comments, please do not hesitate to contact rne.
Very truly yours,
BALCOMB & GREEN, P.C.
Lawrence R. Green
LRG/bc
xc: Don Deford, Esq.
Greg Boecker
Thomas E. Neal
\
GARFIELD COUIYTY
Building and Planning Depaftment
May 11,1999
Lawrence R. Green
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Re: Los Amigos Ranch
Dear Larry:
On Monday, May 1 1, 1999, the Board of County Commissioners approved an extension one ( 1) year of
the Preliminary Plan for the Los Amigos Ranch, Filings 6-10 Subdivision. This issue was reviewed and
approved by the Board as a part oftheir consent agenda and did not require your attendance at the
meeting.
If you have any other questions about this action, feel free to call or write to this office, at your
convenience.
Sincerely,
'-/ryt@7**-
Mark L. Bean, Director
Building & Planning Department
109 8th Street, Suite 303 945-82121285-7972 Glen.wood Springs, Colorado 81601