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HomeMy WebLinkAbout1.01 Extension of Approval 11.29.1984• HILL & ROBBINS ATTORNEYS AT LAW 100 BLAKE STREET BUILDINO 1441 EIGHTEENTH STREET DENVER. COLORADO 80202 • R ' './ED DEC 0 31984 GA FIELD COUNTY ATTORNEY DAVID W. ROBBINS TELEPHONE 303 296-8100 ROBERT F. HILL DENNIS M. MONTGOMERY TELECOPIER KAREN A. TOMB 303-296-238B BOBBEE J. MUSGRAVE RONALD L. WILCOX November 29, 1984 Mr. Mark L. Bean Senior Planner Garfield County Dept. of Development Planning Environmental Health Bldg. 109 8th Street, Suite 306 Glenwood Springs, CO 81601 Re: Amended Request for Extension of Time for Final Plat Submittal for the Mamm Creek Industrial Park Dear Mr. Bean: Please substitute this Amended Request for our original request dated November 26, 1984. On behalf of Mr. Robert Chancellor, the general partner of Rifle Land Associates Ltd., I am formally requesting that the period of time in which a final plat must be submitted for the Mamm Creek Industrial Park be extended for two additional years, or until December 15, 1986. The preliminary plan for the Mamm Creek Industrial Park was approved by the Board of County Commissioners for Garfield County on June 15, 1981, by Resolution No. 81-186. That approval and the final plat submittal have been extended by resolutions of the Board of County Commissioners over the intervening period and the most recent extension will expire on December 15, 1984. The preliminary plat approval had nine conditions placed upon it. Of those conditions, all but two of them are fully capable of being satisfied. The two conditions which are still outstanding with regard to final plat approval are Condition Nos. 4 and 8. • • Mr. Bean Garfield County Dept. of Development November 29, 1984 -2- Condition No. 4 specified as follows: "Evidence that there is an adequate legal water supply for the subdivision for both sanitary and fire protection purposes." Attached hereto is a draft decree for the Rifle Land Associates' plan for augmentation which is on file with the Water Court for Water Division No. 5. The plan for augmentation is cur- rently scheduled for pretrial on January 25, 1985; the attached draft decree is being circulated to the objectors and based upon our negotiations with them, we believe that it will be executed in substantially this form. When the decree has been stipulated to by the objectors, we anti- cipate that the Court will execute it and that within the next three months a final decree providing the legal water supply will be in place and Condition No. 4 will be fully satisfied. I do want you to realize that Condition No. 4 is currently satisfied to a large degree because in Case No. 82 -CW -21, the Water Court approved the use of the Crann Pipeline for domestic, municipal and commercial uses with a right to divert water from the Crann Springs at a rate of 187 gallons per minute on a year-round basis. The remaining condition continues to be somewhat of a problem for the developer. Condition No. 8 requires: "The Applicant shall demonstrate the availibility of water service and sanitation service to the subdivision at the time of final plat approval, either by inclusion in the Rifle Village South Metropolitan District or, if inclusion in such district may not be arranged on a practical basis, as determined by the Board, by establishment of a water and/or sanitation district to serve the subdivision." The conflicts between the City of Rifle and the Rifle Village South Metropolitan District continue to exist and Rifle Land Associates is very concerned about becoming embroiled in their midst. As you are aware, the Rifle Village South Metropolitan District continues to insist that any entity seeking a sewer tap from the district must pay for a water tap as well and the district has been unwilling to consider the possibility that only sewer taps would be required. We noted in a recent newspaper article that the district did agree to issue a sewer tap only to a MacDonald's franchise; however, there was no substantial reduction in the tap fee. Naturally, when an entity has its own plan for augmentation to serve its entire development, it is difficult to consider service under those conditions. • • Mr. Bean Garfield County Dept. of Development November 29, 1984 -3- The current pace of development in the Rifle area has also resulted in a desire on the part of Rifle Land Associates to approach the issue of water and sewer service prudently and it has therefore not brought the issue to a head with Rifle Village South Metropolitan District nor has Rifle Land Associates sought to have the Board of County Commissioners determine that inclusion cannot be practically arranged. The last written communication of which I have record between Rifle Land Associates and the Rifle Village South Metropolitan District is a letter which I wrote to the Board of Directors of that district on April 12, 1982, requesting them to accept our proposal concerning the pro- vision of sewer service to the Garfield County Airport PUD. A copy of that letter is attached for your information. The developer is fully aware of its responsibilities under Condition No. 8 and will certainly continue to seek to resolve the matter by a formal water and sewer agreement; however, it appears to make sense to do that in a time frame that is more related to actual development occurring than to seek to press forward with it at this time. It is the position of Mr. Chancellor and Rifle Land Associates that the interests of the County can be served by granting an extension as requested herein for an additional two-year period. While requesting the extension, Rifle Land Associates would also like to insure that you and the County Commissioners are aware of the fact that it is negotiating with CVM Technology for the sale of a tract of land immedi- ately adjacent to the industrial park for the construction of a co -generation facility involving electrical generation by gas-fired turbines coupled with a greenhouse complex. This project would provide an exciting boost to the area around the Garfield County Regional Airport and would serve to enhance the tax base in the County. As a part of the negotiations, it will be necessary for the Rifle Land Associates to request an amendment to the preliminary plan for the Mamm Creek Industrial Park to incorporate that property. Rifle Land Associates is very pleased that there is a possibility to bring new industry into the Rifle area and believes that it will provide additional jobs, as well as broaden the tax base. For these reasons, Rifle Land Associates also asks to have the time for filing a final plat on the industrial park extended for the two-year period. It is Rifle Land Associates' belief that the • • Mr. Bean Garfield County Dept. of Development November 29, 1984 -4- request for a modification to the preliminary plan will occur within the next several months and that the final plat with the modification will be filed before the start of the summer construction season in 1985. We would appreciate it if we could have an opportunity to appear before the County Commissioners to present our case if there is a problem with this request. However, we are hopeful that given the circumstances in the Rifle area; the good faith compliance with each of the conditions of approval; and the potential for an amendment to the prelim- inary plan to permit the construction of a light industrial complex would be sufficient to allow the Commissioners to grant the extension requested. Please call me if you have any questions about the foregoing request, or if you wish to discuss any of the matters contained herein. The only modification contained herein is the change in the period of extension from one to two years. DWR:ncr Enclosure cc: Bert E. Chancellor arl Rhodes