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HomeMy WebLinkAbout1.02 Extension of Approval 12.04.1991DAVID W. ROBBINS ROBERT F. HILL DENNIS M. MONTGOMERY KAREN A. TOMB RONALD L. WILCOX MARE J. WAGNER JEFFREY M. HALL HILL & BOBBINS, P.C. ATTORNEYS AT LAW 100 BLAKE STREET BUILDING 1-141 EIGHTEENTH STREET DENVER, COLORADO 80202-1256 December 4, 1991 Board of County Commissioners Garfield County 109 - 8th Street, Suite 300 Glenwood Springs, CO 81601 Dear Commissioners: TELEPI ZONE 303 206-8100 TF.LECOPIER 303 296-2388 0 ..).1,A-PRV7N DEC 6 1991 GAN-a:ID COUNTY Re: Garfield County Airport Industrial Complex PUD and Mamm Creek Industrial Park On behalf of Rifle Land Associates, Ltd., and its general partner, Mr. Robert E. Chancellor, I am requesting an extension of the period of development for the referenced PUD and the time for filing a final plat for the referenced industrial park subdivision. As you are aware, and as is more fully described below, Rifle Land Associates has been proceeding with all due diligence to secure the full development of the subject properties, but has been hampered in its efforts by the downturn in the economy in Garfield County. The purpose of this letter is to outline the history of this development and its relationship with County agencies, and to seek your approval of the requested extensions. We would welcome the opportunity to discuss more fully the requests described in this letter at your convenience. History of the Development Rifle Land Associates, Ltd. (hereinafter "RLA") purchased the Jewell Ranch property in the vicinity of the Garfield County Regional Airport in November, 1973. After a period of approxi- mately one year, in which RLA conducted coordinated planning activities with the Garfield County planning staff, sketch plans for the proposed development were submitted to and approved by the County Commissioners 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 Development" (hereinafter the "Airport PUD"). In January 1977, the County Commissioners held a public hearing on the requested rezoning and approved the Airport PUD by Board of County Commissioners Garfield County Page 2 December 5, 1991 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, RLA 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 RLA were cooperating to complete improvements to the springs and water system owned by RLA 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, RLA 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 RLA 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, RLA 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, 1991. In the intervening ten years, RLA 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 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; and the completion of the Mamm Creek Interchange on I-70. Board of County Commissioners Garfield County Page 3 December 5, 1991 In 1985, the general partners of RLA 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 construction of that facility and the provision of water service to the facility by the City of Rifle. At the present time, a municipal water line exists to the PUD and is used to serve the Cogeneration Facility. The necessary changes to the PUD zone were approved by the County Commissioners by Resolution Nos. 86- 101 and 86-105. In 1988, 1989, and 1990, RLA 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 RLA to the City, have resulted in the sewer line construction, despite the best efforts of RLA and the City of Rifle. In March 1989, at the request of the County, RLA granted the County permission to further extend the airport runway onto property owned by RLA. The runway expansion has been completed. In early 1991, RLA 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 RLA's control. Current Status The Airport PUD and in particular the lots within the Mamm Creek Industrial Park are being actively marketed by the principals of RLA. Every lead regarding new businesses which might locate at the facility is being pursued, as well as every opportunity to obtain additional economic development. The well- known development and planning firm of James M. Bowers & Associates, which was originally retained by RLA in June 1976, remains actively involved in this project and continues to advise RLA on appropriate steps to develop this property. At the present time, the water service to the property has been constructed as far as the CTDC facility. Additional investment by the County and RLA would certainly be advisable to extend this water service to the airport. Doing so would eliminate the airport's reliance on the system which obtains its supply from the Crann Springs; it would permit the airport to expand more rapidly; and it would permit RLA to consider additional properties for marketing and partial final platting. RLA continues to negotiate seriously with the City of Rifle concern- ing the extension of a sewer line from the City's current facili- ties to the Airport PUD. However, as mentioned above, despite Board of County Commissioners Garfield County Page 4 December 5, 1991 the best efforts of both parties, a viable financial arrangement to secure that extension has not been achieved. RLA is committed to take whatever steps are within its power to see that all or a substantial part of the industrial park is developed, with the attendant economic development advantages and the increases in the available tax base. However, for obvious reasons, the marketing is still moving slowly. RLA is hopeful that the completion of I-70 through Glenwood Canyon will improve the economic climate in the area and add a boost to its marketing efforts. Requested Action RLA respectfully requests that the County Commissioners take the following action: 1. Extend the preliminary plat for the Mamm Creek Industrial Park for an additional year, pursuant to Section 4:34 of the Garfield County Subdivision Regulations of 1984. 2. Confirm the legal viability of the Garfield County Airport Industrial Complex PUD. 3. Authorize County staff to engage in discussions with RLA and the City of Rifle concerning options which may be avail- able for the extension of the existing City water line to the County airport and the construction of a sewer line from City facilities to the airport. These discussions should include consideration of the viability of the current system supplying water to the County airport and alternative financing mechanisms to obtain the extension of the sewer line. 4. Authorize the County staff to engage in discussions with RLA and the City of Rifle concerning the appropriate manner in which to market the economic development opportunities at the Garfield County Regional Airport and to determine a plan of action to permit the phased development of the Mamm Creek Industrial Park. Conclusion RLA has had a long and productive relationship with Garfield County. Development of the County Regional Airport has gone hand-in-hand with the Airport PUD. Through cooperation and hard work, you have been able to secure the expansion of the airport into a truly first class regional facility, the development of a large cogeneration facility, the development of ready access from I-70, and the cooperation and commitment of the City of Rifle to the collective enterprise. RLA is as disappointed as the County Board of County Commissioners Garfield County Page 5 December 5, 1991 Commissioners are with the economic downturn that has befallen western Colorado, but it sincerely believes that with continued cooperation among the City, the County and RLA, the airport can blossom into a real magnet for economic development in the Rifle area. RLA would appreciate it if you would review your decision last year and grant the necessary extension for the Mamm Creek Industrial Park. The current preliminary plat extension expires on December 15, 1991. RLA would also appreciate your entertaining the other three requests it has made and Mr. Chancellor, Mr. Bowers and I would make ourselves available to meet with you at your convenience to discuss any questions or comments you might have. We have sincerely appreciated your past cooperation, consideration, and willingness to discuss matters of common concern and we would like to express our appreciation for the cooperation of your staff, including Mark Bean, Chuck Deschenes and Don DeFord. On behalf of Mr. Chancellor, General Partner of Rifle Land Associates, please accept our best wishes for the coming Holiday Season. DWR:ncr cc: (200) David W. Robbins Mark Bean Chuck Deschenes Don DeFord Bob Chancellor Mike Bestor, Manager, City of Rifle Lee Leavenworth James Bowers