January 13, 2006

Tanglewood approved
By Lynda James

FAIRPLAY, Colo. — The Tanglewood Reserve planned unit development received final approval by the Board of County Commissioners on Jan. 5. The approval was continued in December because the BOCC had requested more information on the water delivery system and water availability.

Will-O-Wisp Metropolitan District Attorney Richard Toussaint testified as to where the water would be diverted from and returned to the stream system and how the augmentation plan would operate.

Toussaint explained that 21 decreed wells and Elk Creek would be the water sources. A 12 acre-feet reservoir directly north of U.S. 285 is planned for water storage. Toussaint said this reservoir is the only one needed but the Woodside Reservoir (50 acre-feet) would be a backup during drought conditions.

Consultant Tom Williamson explained the history of the Will-O-Wisp Metropolitan District water rights and said Elk Creek measurements taken during 2002 and 2003 proved the creek had sufficient water to meet the needs of the development.

Colorado District Water Commissioner Roger Mlodzik explained procedures for administering water rights and calls on the river.

Consultant Bryan Zeck presented reservoirs’ locations and delivery system conceptual plans. No final plans have been designed.

Commissioner John Tighe asked if the development had another location for the Woodside Reservoir if District Court ruled an easement did not exist on Woodside Park Unit 5, Lot 132.

Toussaint said an easement signed in 1980 by Doug Windemuller existed on Lot 133. That lot could be used if needed for the Woodside Reservoir.

BOCC Chairman Leni Walker asked the applicant’s attorney Tim Flannigan if all conditions prepared by County Attorney Steve Groome were satisfactory. Most conditions had already been met.

Flannigan said the applicant approved of the conditions not yet met.

Will-O-Wisp Metropolitan District President Rick Angelica asked to speak on the condition prohibiting bicycles on the trails. At the December hearing, Angelica supported allowing bicycles on trails.

Walker did not allow him to speak, saying he was not the applicant. After discussion among the BOCC, the condition was changed to allow bicycles on paths.

Groome outlined the Subdivision Improvement Agreement that allows a letter of credit for each phase of the development.

Phase One’s letter of credit must be submitted and recorded with the final plat and covenants by May 4, 2006, in the amount of $1,136,000. Other phases’ letters of credit must be filed within three years of the completed public improvements for the previous phase. If not, the undeveloped portions of the PUD will become null and void.

Woodside Park, Units 5 and 6 Attorney Michael Schaefer called for a point of order, stating public comment had not been allowed after the presentation, and he had testimony to dispute the applicant’s testimony.

Walker told him public comment had been closed at the December hearing, and he was not allowed to speak.

Schaefer asked Groome for a copy of the conditions attached to the approval. Groome told him it was not available to the public.

After the hearing, during public comment, Schaefer told the BOCC, “In 33 years as an attorney, I have never seen a sadder performance of public responsibility or of a government body that didn’t comply with their own regulations. It’s a disgrace.”

End of The Flume Article

Note: For additional information read: BOCC Minutes from December 15th Meeting

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