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Home My WebLink About1.44 Historic Lettersw GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 f ENVIRONMENTAL HEALTH: 945-2339 J BUILDING: 945-82A1 November 17, 1983 Sam S. Arentz, III Vice President, Operations storm King mines 5335 east 8th Ave Denver, CO. 80212 Dear Mr. Arentz: Enclosed is a copy of the Declaration of Protective Covenants for Riverbend. In reviewing the file for PTJD rezoning, it appears that the County accepted this document as the method of controlling land use within the PUD. presently, a separate zoning text is required, which becomes a part of the resolution of approval. it appears that your company will have to amend these covenants, to allow for some parts of your operations. Whether or not there is any action required on the part of 'the County is still in question. Normally, the County does not enforce protective covenaLits. I have asked the County Attorney's office to review this matter. If this office can be of further assistance, feel free to call or write. Sincerely, Mark L . Bean Senior Planner MLB/emh encl. 2014 SLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 GARFiELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH J BUILDING; 945-8212 April 25, 1984 Sam Arentz, vice President, Operations Storm King Mines 9137 East Mineral Circle Englewood, CO 80112 Dear Saint Please consider this letter to be a confirmation of the County Attorney's office and DepartMent of Development position regarding the zoning of the Storm King Mines property. As noted on April 13, 1984; the following documents will be considered the controlling documents for the Riverbend P.U.D.: 1. The approved P_U.D. Plan Map as required by Section 4.48.85(2) of the Zoning Resolution is a map entitled, "PRELIMINARY MAP OF THE RiVERBEND PLANNED UNIT DEVEMPMENT", dated August, 1976 and prepared by Scarrow and Walker, Inc- l. The P.U.D. zoning text, as required by Section 4.08.05(2)(H) of the Zoning Resolution, is contained in the "Declaration of Protective Covenants for Riverbend, Garfield County, Colorado" and received by the Garfield County Planner on August 4, 1976, as a part of the P.U.D. rezoning and Preliminary Plan application. It was at this time that the Riverbend P.U.D. was created and the above referenced documents Correspond in time to the time that Resolution No. 77-2 was signed. If you or Janell Kinzie have any questions or concerns about these documents, please feel free to call or write this office at your convenience. Sincerely, Mark L. Bean Senior Planner XC: Earl Rhodes, County Attorney Steve Zwick, Ass't County Attorney 100 STH STREET P-o- BOX r,40 GLENWOOD SPRINGS. COLORADO 81662 CARPENTER & KL.ATSKIN, PC. ATTORNEYS AT LAW 1500 DENVER CLUB BUILDING W t LLIS V_ CARPENTER 518 SEVENTE-ENT" STREET ANDREW S. KLAT5KiN DENVER, COLORADO 30202 JANELL KINZIE May 11, 1984 Mark L. Bean, Senior Planner Garfield County Department of Development 108th Street P.O. Box 640 Glenwood Springs, Colorado 81602 Re: Riverbend PUD Dear Mark: TELEPHONE: (303) 534-6315 I received from Sam Arentz a copy of your letter to him dated April 25, 1984. This letter concerned the verbal discussions at our meeting of April 13 regarding the con- trolling documents for the Riverbend PUD. For the record, we would like briefly to reiterate our objections to your position on this matter: 1. The designated "P.U.D. Plan Map" is clearly labeled as a preliminary map only; no final map appears in anyone's records and no map of any kind was ever recorded. 2. The Declaration of Protective Covenants, which you are identifying as the zoning text, is unsigned and undated, and perhaps most significantly, was never recorded. As a subsequent purchaser of this property, my client acquired title with no knowledge, actual or constructive, of the existence of these covenants. As I indicated in our meeting, I believe the legitimacy of the existing PUD to be highly questionable, particularly when based on the documents upon which you appear to rely. Nonetheless, it is the .intention of Storm King Mines to proceed with a rezoning application on that portion of the property which it acquired. It is Storm King's hope that this action can be taken in conjunction with the Riverbend homeowners, so that there will be no dispute about the rezoning action. It is our intention to create a valid PUD for the bulk of the property. Mark L. Bean, Senior Planner May 11, 1984 Page 2 Hopefully, it will not become necessary for us to contest the validity of the "preliminary" PUD. But we do want it. clearly established that we do not agree with the position on this matter set forth in your letter of April 25, 1984. Sincerely yours, 11 } Janell Kinzie CJK:deg CC: Mr. Sam Arentz Earl Rhodes, Esq.