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HomeMy WebLinkAbout1.03 Extension of Approval 11.30.1995DAVID W. ROBBINS ROBERT F. HILL DENNIS M. MONTGOMERY KAREN A. TOMB RONALD L. WILCOX JOHN H. EVANS MARK J. WAGNER JEFFREY M. HALL ANNE K. LAPORTA • • HILL & ROBBINS, P. C. ATTORNEYS AT LAW 100 BLAKE STREET BUILDING 1441 EIGHTEENTH STREET DENVER, COLORADO 80202-1256 November 30, 1995 Board of County Commissioners Garfield County 109 - 8th Street, Suite 300 Glenwood Springs, CO 81601 TELEPHONE 303 206-8100 TELECOPIER 303 296-2388 Re: Garfield County Airport Industrial Complex PUD and Mamm Creek Industrial Park Dear Commissioners: On behalf of Rifle Land Associates, Ltd., and its general partner, Mr. Charles E. Chancellor, I am requesting an extension of the time for filing a final plat for the referenced industrial park subdivision. Rifle Land Associates has still not been able to put itself in the position to file for final plat approval at this time and is requesting your consideration in asking for this extension. As detailed below, Rifle Land Associates continues to actively pursue the full development of the Garfield County Airport Industrial Complex PUD, including the Mamm Creek Industrial Park subdivision. The partnership continues to spend money and time seeking industries interested in relocating, working with indus- tries who have expressed an interest in relocating, and developing the infrastructure for the subdivision and the regional airport. The economics of the development at the present time have made it infeasible and impractical for the partnership to complete all of the infrastructure necessary to obtain final plat approval. As a result, Rifle Land Associates must again seek a further extension. With regard to the Mamm Creek Industrial Park subdivision, the developers are actively pursuing the development and expending funds, to the extent they are available, in order to secure the final platting of the subdivision and its successful integration into the regional airport, the County and the City of Rifle. Because several events have occurred that warrant your consideration, the following summary of the development is provided. November 30, 1995 Page 2 • • History of the Development Rifle Land Associates purchased the Jewell Ranch property in the vicinity of the Garfield County Regional Airport in November, 1973. After a period of approximately one year, in which Rifle Land Associates conducted coordinated planning activities with the Garfield County planning staff, sketch plans for the proposed development were submitted to and approved by the County Commis- sioners in January, 1975. During the next two years, the County Planning and Zoning Regulations were amended, I-70 was completed in this area, and a master plan for the Garfield County Regional Airport was completed. In September 1976, a final rezoning request for the Jewell Ranch was submitted to the County to create the "Garfield County Airport Industrial Complex, Planned Unit Develop- ment" (hereinafter the "Airport PUD"). In January 1977, the County Commissioners held a public hearing on the requested rezoning and approved the Airport PUD by Resolution No. 77-1. In June of that year, the Garfield County Airport Authority amended the Airport Master Plan to conform to the approved plan for the Airport PUD. In May 1978, Rifle Land Associates dedicated 265.8 acres to Garfield County for airport expansion at no cost to the County. By June 1979, the Garfield County Airport Authority and Rifle Land Associates were cooperating to complete improvements to the springs and water system owned by Rifle Land Associates in order to provide a water supply to the airport. In January 1979, the Garfield County Commissioners adopted a zoning map with zone districts but, through inadvertence, omitted the approved Garfield County Airport Industrial Complex as a zoned planned unit development. As a result, in March 1981, the County Commissioners again adopted and approved a zoned district amendment for the Airport PUD by Resolution No. 81-56. Later in that year, Rifle Land Associates submitted preliminary plans for a 250 -acre industrial park within the PUD which was called the Mamm Creek Industrial Park. In May 1981, there was a public hearing held by the County Planning Commission and in June 1981, the Commissioners gave preliminary plat approval for the Mamm Creek Industrial Park by Resolution No. 81-186. The County informed Rifle Land Associates that the approval of the Mamm Creek Industrial Park plat constituted the initiation of development for the PUD, which would be developed in stages. Subsequent to the preliminary plat approval, Rifle Land Associates has sought and obtained valid extensions of the time limit in which the submission of a final plat for the Mamm Creek Industrial Park is required to occur. The most recent approval for extension of time to file the final plat for Mamm Creek Industrial Park extended the time to December 15, 1995. In the intervening years, Rifle Land Associates has sought to comply with all of the terms and conditions contained in the preliminary plat approval for the industrial park. Among the more important activities that have occurred are: the development of several sources of water supply • • November 30, 1995 Page 3 for the PUD and for the industrial park, including the development of the spring collection system and pipeline, together with the necessary changes of water rights, the construction of a 30,000 - gallon storage tank, the approval of a plan for augmentation and change of surface water rights converting all of the former agricultural rights on the ranch to domestic, municipal, industrial and commercial uses, which provide sufficient supply to serve the entire planned unit development at buildout; the completion of a pre -annexation agreement with the City of Rifle (City of Rifle Resolution No. 6, Series 1986) designed to insure the provision of municipal water and wastewater services, along with other municipal services, to the PUD; the completion of a treated water line from the City of Rifle to the Airport; and the completion of the Mamm Creek Interchange on I-70. In 1985, the general partners of Rifle Land Associates were instrumental in obtaining the location of the CTDC Cogeneration Facility at the PUD. During 1985 and 1986, a series of agreements were negotiated and entered into in order to obtain the construc- tion of that facility and the provision of water service to the facility by the City of Rifle. The necessary changes to the PUD zone were approved by the County Commissioners by Resolution Nos. 86-101 and 86-105. At the present time, a municipal water line exists to the PUD which is used to serve the Cogeneration Facility and the County Airport. During 1992, Rifle Land Associates contributed approximately $25,000 in cash to the City of Rifle for the extension of the City's 8 -inch water line to the County Airport so that the airport would have an actual municipal water supply. The money contributed by Rifle Land Associates was used by the City to purchase all of the necessary supplies and equipment to complete the installation of the water line and its connection with the airport. The County also contributed to this effort in the form of manpower and the use of equipment in constructing the line. The construction was supervised by the City. As a result of Rifle Land Associates' input and cooperation, the Garfield County Regional Airport now has city water available which greatly enhances its development potential. In 1988, 1989, and 1990, Rifle Land Associates entered into a series of agreements with the City of Rifle to secure construction of a sewer line from the City's sewer facilities to the PUD and the industrial park. None of these agreements, which provided for the conveyance of lands and other things of value by Rifle Land Associates to the City, have resulted in the sewer line construction, despite the best efforts of Rifle Land Associates and the City of Rifle. In March 1989, at the request of the County, Rifle Land Associates granted the County permission to further extend the airport runway onto property owned by Rifle Land Associates. The runway expansion has been completed and the necessary land conveyance has occurred. As indicated below, a further conveyance of land may occur to allow the airport to complete its development. • . November 30, 1995 Page 4 In early 1991, Rifle Land Associates entered into discussions with the City of Rifle concerning a proposed economic development project to be located on land within the PUD; however, the agreement to construct the facility was never consummated due to factors beyond Rifle Land Associates' control. The Rifle Municipal Water line has been authorized for further extension to property located east of the Airport PUD by the City of Rifle through a contract dated April 27, 1993. However, that extension has not occurred, presumably due to a change in the circumstances for the contracting party. When a desalinization/co-generation project was blocked by Glenwood Springs, Rifle Land Associates sought to interest the entity, which was seeking to construct the facility, in locating at the Airport Industrial Park. However, Rifle Land Associates' efforts were not successful. Current Status Rifle Land Associates has spent the last year working on several activities which establish its diligence in pursuing this subdivision: 1. Rifle Land Associates continues to work with the City of Rifle in their mutual efforts to extend the City's municipal sewer system to the airport property. Without additional users, the extension has not been completed. 2. Rifle Land Associates continues to cooperate with the Airport Authority concerning the development and use of the water rights, formerly used to provide a water supply at the airport, for the provision of an irrigation system to the airport and its environs. 3. The owners of the cogeneration facility are in the process of expanding its production. Mr. Charles Chancellor has been working with Mr. Robert Clark, General Manager of Cogeneration Projects, of Colorado Venture Management, Inc., to provide additional acreage for the construction of additional greenhouses. An agreement has been finalized, and closing will occur on December 6, 1995, transferring additional acreage from Rifle Land to the cogeneration company. We are pleased to have completed this transaction. Mr. Clark and his staff will coordinate appropriate zoning changes and annexation issues with the City of Rifle. 4. Mr. Chancellor negotiated at length with Rifle Brokers during the summer of 1995. The goal of the negotiations was to obtain residential development on about 360 acres located at the southern end of the PUD. The negotiations have not been success- fully completed at this time. t November 30, 1995 Page 5 5. Mr. Chancellor has been actively seeking a market for the industrial park property. In this effort he has sought development purchasers or development partners through the following individu- als and entities: a. Leo Swartzenruber and Roger L. Michels of Jefferson Realty, Inc. b. Bill Crutcher and Jack Sours, Sr., of Resources Realty. c. John Pfeiffer and Ms. Sandy Heley of WA Engineering. d. Brian Speck. e. Contacts provided by several of the limited partners in Rifle Land Associates. Requested Action Rifle Land Associates respectfully requests that the County Commissioners extend the preliminary plat for the Mamm Creek Indus- trial Park for an additional year, pursuant to Section 4:34 of the Garfield County Subdivision Regulations of 1984. On behalf of Rifle Land Associates, we would again like to extend our continued appreciation to the County's staff for their cooperation in working to accomplish the common goals of Rifle Land Associates and the County and its Airport Authority. We believe that our efforts in securing the development of the airport, as well as the surrounding area in a way that is consistent with the airport, is of significance and concern to us all. In order to continue that cooperation, we would appreciate your approval of the requested extension. DWR:ncr cc: Mark Bean Charles Chancellor