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HomeMy WebLinkAbout1.0 ApplicationHrr-r- & RonntNs ATTOFINEYS AT I-A\E- IOO BL.AKE STREET BUTLDINO I44I EIGHTEENTH STREET DENVER. COLORADO AO2O2 [t/,6,t 4 TELEPHONE 30a 296-9too DAVID W. ROBBINS ROBERT F. HILL DENNIS M. MONTGOMERY XAREN A. TOMB BOBBEE J. MUSGRAVE RONALD L. WILCOX TELECOPIER ooo-296-ea86 May 8, 1985 Mr. Mark Bean Director Garfield County Planning Department 109 8th Street, 3rd Floor Glenwood Springs, CO 81501 Re: Garfield County AirportIndustrial P.U.D. ; Garfield County CommissionersResolution No. 8I-55 Dear Mark: Thank you very much for meeting with us on Friday, May3, 1985. It was a very helpful meeting, and I am hopefulthat the attached maLerials meet all of the Countyrs requirements for initiating the process for amending the referenced P.U.D. The attached documents are as follows: 1. P.U.D. Map for the existing P.U.D. dated December I981. 2. Request for Modification of Resolution No. 81-56 with proposed changes and a narrative explanation for each change. 3. Initial list of the owners of property surrounding the P.U.D. 4. Proposed notification to adjoining property owners and notice for publication. It is my understanding that the following time schedule will be followed during this process: Er. Request for modification delivered to Garfield County Planning no later than May I0, 1985; MAY 1 4 1985 GARFIELD C().illPI AN Mr. May -2- Ir{ark Bean 8, 19g5 b- Notice of commissioners hearing pubrished nolater than May 24, 1885 (togethei with noticeto adjoining property owneri); c. Planning Commission meeting to considermodification on June !2, fggs; d- Pubric Hearing before the county commissionerson June 24, 1985. we wirr do everything we can to meet this timetabre. we understand that the process we wirr folrow contem-prates the rezoning of 36 acres within the existing p.u.o.from its current zoning to the Agricurture/rndustriar zonewhich incrudes greenhouses as a rlse by right. we unjerstanathat there is agreement that gas turbine 6rectrical genera-tion units which wirr provide the heat for gr""nnou"6" canbe considered an accessory use if they are used for thatpurpose and to provide peaking power. we arso understandthat you have agreed that, because the parcel of landexceeds 35 acres, it witr not be necessiry to go throughsubdivision review on this change within lrre p]u.p. zone.Finallyr w€ understand that if [tre sewage frows from theproject will not exceed 2rooo gpd we cai utilize an onsitesgntic system (individuat sewage disposar system), but thatif the flows wirl exceed 2,000-gpd wE wilt Lave t; fire asite apprication with the corora-ao Department of Hearth. with regard to the timing for approval of drawings andplans and the issuance of permits, Biii Thompson has alreedto issue cTDc separate permits for different constructionphases. crDc understood and agreed that the issuance ofseverar permits wourd be somewhat more expensive than theissuance of a single permit. As a final matter, f have not included a revised!.u.D- map showing the new zone we have proposed. we wirlt-rave that to you in the near future. Tha z6ne will be _lm*eqiately south-of county Road 352 and east of Dry creek.Hopefulry, you will be abre to initiate the proc"""'withoutthe map. we will_ arso provide you with an actual survey ofthe parcel as weII. Mr. May -3- You have been veryintend to comply with afit makes it so much moreofficials are as politeThank you. Mark Bean8, rgg5 DWR: pb Enclosuresccs Robert ChancellorKit Jackson helpful in this endeavor. We1 of the Countyts requirements, butpleasant to do so when the Countyand cooperative as you have been. urs, RobbinsDavid W. Hrr-l & RonerNs ATTORNEYS AT I,.AW I OO BI-AI(E STREET EIUILDINO I44t EIGHTEENTH STREET DENVER, COLORADO AOEO2 DAVID W, ROBBINS ROBERT F. HILL TELEPI{ONE 304 296-AIOO *-[+][.* May 8, 1985 Garfield County CommissionersGarfield County Coloradoc/o Mark Bean, Directorof PlanningGarfield County planning DepartmentI09 8th Street, 3rd Floor Glenwood Springs, CO BIGOI Dear Sirs: This request is submittedRifle Land Associates, Ltd. andRobert Chancellor. Re: Request for Modificationof Garfield County AirportIndustrial Park p.U.D. on behalf of my client,its General Partner, Mr. TELECOPIER ooa-296-2A8a Backqround On March 2, 1981, by Resolution No. gl-56, theGarfield county commissioners approved a p.u.D. for randowned by Rifre Land Associates, Ltd. immediatery south ofthe Garfierd county Regional Airport. At the time of theapproval, both the commissioners and Rifle Land Associateshad high hopes for an active development. On June 15, 1981, by ResolutionGarfield County Comissioners approvedfor the Mamm Creek Industrial plrk, aCounty Airport Industrial park p.U.D.final plat approval on the Mamm Creekdivision has been duly extended by thethat time. Over an extendedCogeneration Technology No. 81-185, thethe preliminary platpart of the Garfield The time for filingIndustrial Park Sub- Commissioners since period, the Rifle Land Associates andand Development Company (CTDC) havesale of property with the p.U.D.been negotiating for the Garf ield County Commissioners c,/o Mark Bean, Director of Planning May 8, 1985 -2- crDc is seeking a site on which to construct a rarge green-house complex heated with waste heat from several gasturbine erectricar generator units. The site that crDcdesires to buy is located within the p.u.D. and adjacent tothe Mamm creek rndustriar Park but is outside of its ptattedboundary. rn order to meet crDCrs needs and secure thefirst significant deveropment at the Airport p.u.D. r RifreLand is seeking to have the parcer identified as meetingcrDCrs needs rezoned to permit them to construct the green-houses and generation units. The p.u.D. resolution containsthe appropriate zone district, and we believe that thechanges requested only require an amendment to the p.U.D. zone district map and Resolution No. 8I-5G. Modif ications Requested The following aspects of Resolution No. 81-56 arerequested to be modified to permit the crDc deveropment tooccur: A. Section 2: Currently Reads As FoIIows: "Section 2. Prior to approval of any final plat ofthe Planned Unit Developmentr or any part thereof, theapplicant shall establish evidence of ownership andavailability of sufficient water ,rights to provide tothe planned unit development an 4equate supply ofpotable water to serve the needs of the entireproposed development for domestic and other usescontemplated under the planned unit development plan,provided, however, that the applicant may submit andthe county may approve, aII other requirements beingsatisfied, the final plat of the conmerciar-industrialportion of the planned unit development upon a showingof an adequate water supply for only that portion ofthe planned unit development. " Proposed Lanquaqe As Amended: "Section 2. Prior to approval of any final plat ofthe Planned Unit Development t ot any part thereof, theapplicant shall establish evidence of ownership andavailability of sufficient water rights to provide tothe planned unit development an adequate supply ofpotable water to serve the needs of the entireproposed development for domestic and other uses Garf ield County Commissioners c,/o Mark Bean, Director of Planning May 8, 1985 -3- contemplated under the planned unit development plan,provided, however, that the applicant may submit andthe county may approve, all other requirements beingsatisfied, the final plat of the commercial-industrialportion, including the agricultural/industrial,/open space portion, of the planned unit development upon a showing of an adequate water supply for only thatportion of the planned unit development. " Explanation: The language added to Section 2 is for clarificationpurposes. It was recognized when the P.U.D. was approvedthat Rifle Land Associates had several sources of water forits development. Among them are several springs that are decreed for industrial and commercial use. The Garfield County Regional Airport currently utilizes a portion of thiswater right. The remaining water rights are in the process of being changed from agricultural use through a plan for augmenta-tion (Case No. 83-CW-136). The quantities of water, when decreed, will exceed the P.U.D.'s water requirements priorto the CTDC proposal. They will also be in excess of CTDCr swater needs. In order to permit the prompt development ofthe CTDC project, Rifle Land has agreed to lease CTDC awater supply for a six-year period. During this time, CTDCwill be able to acquire a permanent supply tailored to itsneeds. At the end of the six-year period the water leasedto CTDC will revert to Rifle Land and be available to supplythe entire P.U.D. Rifle tand recognizes that the proposed water lease places a growth limitation on its property, beyond that which can be served from the decreed springsupply, for the term of the lease. Rifle Land believes thatit is an acceptable limitation to assist the development ofthe project. AII of the raw water delivery facilities con-structed by CTDC will be sized to permit their subsequentjoint use by both entities. Section 5: Currently Reads As FoIIows: "Section 6. That the Planned Unit Development shallconsist of nine (9) Zone Districts, the boundaries of which shall be the same designated in the final plats B. Garfield County c/o tlark Bean, May 8, 1985 -4- Commissioner sDirector of Planning of the Garfield County Airport Industrial Park, a Planned Unit Development, and which districts shall be designated as follows:" Proposed Lanquaqe As Amended: "Section 6. That the Planned Unit Development shallconsist of nine (9) Zone Districts, the boundaries of which shall be the same designated in the final platsof the Garfield County Airport fndustrial Park, a Planned Unit Development, but in the manner generally depicted on the development plan submitted with thisresolution, and which districts shall be designated as follows: " Explanation: The develpment plan map willPlanning Department, together withparcel which will be sold to CTDC.will form the basis for the actual request. C. Section 7-TX. be submitted to thea plat of the actual These two submittals zoning and accompany this Currently Reads As Follows: 'IX. Agr icultural,/Industr ial/Open Space Distr ict, A/I/OS Uses by Riqht: Agricultural including farm, garden, green- house, nursery, orchard, ranch, kennel,guiding and outfitting, riding stable,park, green belt, veterinary clinic, and customary accessory uses including build-ings for shelter and enclosure of persons, animals, and/or property employed in any ofthe above uses. Conditional Uses: Mobile home as aecessoryuse to ranch or farm operation. Special Uses3 None.' A. B. c. Garfield Countyc/o Mark Bean, May 8, 1985 -5- CommissionersDirector of Planning Proposed Lanquaqe As Amended: x rx.Agr iculturat/f ndustr ialrlOpen Space Distr ict, A/L/OS Uses by Riqht: Agricultural including farm, garden, green-house, nursery, orchard, ranch, kennel,guiding and outfitting, riding stable,park, green belt, veterinary clinic, andcustomary accessory uses including build-ings for shelter and enelosure of persons,animals, and/or property employed in any ofthe above uses, including facilities usEato provide heat for the greenhouse use. Conditional. Uses: Mobile home as accessoryuse to ranch or farm operation. Special Uses:None. t' Explanation: rn order-to crarify the definition of "customaryaccessory usesn it was necessary to include ranguage irakingit crear that the heat producti6n from the geneiatlon sideof -th. cogeneration facility is contemprated to be incrudedwith the zone district as a use by right when operated inconjunction with the greenhouse. PUD P1an: with reference to the current p.u.D. pran map on firewith the county (December 1981) , the zoning- shown ?or thegIga in question is currently Resident,ialrlUrban Density.This zone is described at seCtion 7-v of the Resorution.However, the Mamm creek rndustriar park is immediatelyacross county Road 352 to the north with rndustrial/Generalservice and commercia]-/ Airport service zones. we berievethat the location of the parcel fits nicety with the overarldevelopment pran. rt wirl resurt in movin! the Resident ia]-/urban Density Zone further to the south, but that area isreserved for that use at the present time. Because of the =ifg of the parcel (36 acres) the proposed crDc deveropmentwilr provide a buffer between the lirport/industrial pirkarea and the residential area. A. B. L. Garfield County Commissioners c/o Mark Bean, Director of Planning May 8, 1985 -7- c. The change in the P.U.D. will confer a substantial advantage on the public atlarge and on the County. It will resultin the addition of tax base and jobs in an area where they are needed. It will give recognition to the County operated airport and enhance the Countyrs investment in that facility. No individual will obtain a benefit special to that individual. (4.L2.03 (2) ) For the foregoing reasons, the Rifte Land Associates, Ltd. respectfully petition the County Commissioners to make the changes herein requested. DWR:pb cc3 Robert Chancellor Kit Jackson Mark Bean James Larson ------ \ LIST OF PROPERTY OWNERS ADJACENT TO P.U.D. (Subject to Confirmation and Update) Va11ey Farms, Inc., Box 248, Silt, Colorado 8L652 Andrew and Beverly Ju1ius, Route #I, Box 76E , Silt, Colorado 81552 Catherine Wa11, 1940 Evergreen, Antioch, California 94509 J. Cooke WiIson/C.T. Garth, 603 Lincoln Liberty Life Building, Houston, Texas 77002 Jake and Frieda Shaeffer, 0447 345 Road, Rif1e, Colorado 81650 Benzel Livestock Company, 0437 131 Road, Glenwood Sprinq,Colorado 81601 Jake Billingsley and Company, 200 Durango Court, Irving, Texas 75062 Bureau of Land Management, Glenwood Springs Resource Area, 1I3 9th, Glenwood Springs, Colorado 8160I Colorado Ute Electric Association, P. O. Box 1149, Montrose,Colorado 8140I Agnes Hunt, Craig Star Route, Rio Blanco, Colorado 81651 City of Rif1e, Mayor and City Council, 337 East Avenue, Rifle, Colorado 81650 F. Kent Wilson, Box L28, Rifle, Colorado 81550 Garfield County Airport Authority, c/o County Commissioners Office,Garfield County Courthouse, Glenwood Springs, Colorado 81601 Mile Hi Aviation, Garfield County Airport, Rifle, Colorado 81550 Colorado Division of Highway, Distr:ict 4, Richard Prosence, 606 South 9th, Grand Junction, Colorado 8I50I colorado Division of Highways, Engineering office, 0179 L54 Road, Glenwood Springs, Colorado 81501 Guy C. Snyder, 3495 346 Road, Rifle, Colorado 81550 James G. Snyder, 3879 345 Road, Rifle, Colorado 81650 Hu-l & RosnrNs ATTORNEYS AT I-AW IOO BI.AKE STREET BUILDINO T44I EIOHTEENTH STREET DENVER. COLORADO AOEOE DA\7ID W. ROBEIINS ROBERT F. HILL KARIN A. TOMB BOBBEE.T. MUSORA\/E RONALD L. WTLCOX .r. HEMPER 1SILL OF COWSEL JuIy 25, 1986 The Board of County Commissioners Garfield County, Colorado c/o Mark Bean, Acting County Administrator 109 8th Street, 3rd Floor Glenwood Springs, CO 8160I Re:Request for Confirmation of the to the Garfield CountY AirPort Park P.U.D, Resolution No. Resolution 85-103 l4odificationIndustr iaI 8 1-55 and Dear Sirs: This request is submitted on behalf of my client, Rifle Land Associates, itd. and its generat partner, l'[r. Robert Chancellor and the Co-Generation Technology and Development CompdDY, a Colorado Corporation. In submitting this request for con- firmation, I am specifically adopting by reference my letter of May 8, 1985 by which the original modification was requested and subsequently granted. The purpose for this Request for Confirmation is to insure that adequate and complete punfic notice is given-of the zoning change aria has the puipose of clarifying any problems which might have existed with the public notice utilized in Resolution 85- 103. Specifically, tha purchasers of the subject property,.CTDC, through counsel, lratre su-ggested that the plblic -notice leading to Resolltion 85-103 is potentially flawed and holds out the remote possibility that some future individual or entity could challenge and overturn the rezoning of the subject property. In addition, they have expressed the view that the modifications to the AgriculturalTtndustrial,/OPen-Space zone, made in Resolution 85- I03, need to be further clarified. The Board of County CommissionersJuIy 25, 1985 Page 2 Atthough Rifte Land Associates believes that the notice was adequate for the County's purposes and that the current zoning in place for the CTDC parcel within the Garfield County Airport Industrial Park PUD was adequate for CTDCis purposes at the time of rezoningr w€ want to insure that there are no future questions or probtems associated with your decision. Therefore, w€ are requesting that the rezoning process occur again and that the Commissioners reconsider their determination in Resolution 85-I03 after a new notice has been given. We are also requesting that the Commissioners re-confirm their action in Resolution 85-I03 with the following change in the subject zone, which now reads: Section 6: IX-A. Agr icultural,/Industr ia1,/Open-Space Distr ict, A/f /OS. Uses by rights agricultural, including farm, garden, green house, nursery, orchard, ranch, kennel, guiding and outfit- ting, riding stable, park, greenbelt, veterinary clinic, and customary accessory uses including buildings for shelter and enclosures of persons, animals, and/or property employed in any of the above uses, inctuding facilities used to provide heat for the greenhouse use. It is requested that the foregoing description be modified to delete the last nine words and to add the following language in their place as follows: "power co-generation facilities designed for heating greenhouses and for electric power pro- duction. " Although this change does not in anyway modify, changer or otherwise affect the intent previous application which we made and which was granted in Resolution 85-103, the current owners CTDC believe that it better describes their activities and, as resultr w€ do respectfully request that that language modifi- cation be made at the time rehearing occurs because the matter being re-published in any regard. of a 1S The Board of CountY Commissioners JuIy 25, 1985 Page 3 we apologize fot any inconvenience Commissioners and appreciate your prompt matter. Mr. Chancellor and myself stand questions or concerns that this request that this causes consideration of ready to resPond may produce. the th isto any DWR: js cc s tllark Bean Bob Chancellor Henry lPsen David Hirschi yours, David W. Robbins l'lsy a, 19E5 Garfleld County CommlselonersGarfield County Coloradoc/o l4ark tsean1 Directorof Planning ,,i ,:,, Garfield County Plannlng Depertment .:' i ,'' j, ,,: , i: ,r": ; I09 8th Street, 3rd Floor .t' Glenwood Sprlngs, C0 81601 ,. : ,;,,. .rr ,,,: i,..,r.: ,, G 0 Y Rcl Requeat tot rc€lttsatlonof Garfleld County ilrport Industr tal Park F.;U;D. ' " ryi'*.'t :,rq,, Ie-,'r xi,tie i t I rtih riibm 1 t t cd :''6h s iit**'tt# URlf,l.a Land AsgoclatCs, Ltd. and lts Ggnefal Dear Sirsr rpa tuncfll Robert Chancellor. Background On lrtaich 2. 1981, by Resolution Ho. 8I-56, thcGarfleld County CmmlEslonera approvcd r p.U.D. for land ouned by Rlflo Land Ascoclatcc, Ltd. lmcdlate).y Bouth of ,.the Garfteld County Regional Alrport. 'At the t,lne,of theapproyal, both thc coanisslonara and Rffle tand Aaroclates. .gB JunC,16l ItEjLr $z Rerolutlog tlo. 81-l86i.th!*^,...,3::,.r"-.'"L;y.1 ;Garftcld County,CoalralooGra alproved thc ira,llatnary-plat ; .i,,-,lor tho ilan crttr ldnctrtal Parr, r part,of tbe eei{tcle-,.;;,'.*', '- Gouaty Al4prt Indurtrial Park P.U.D.' ThGi thrcllor--tiifng .,,..' .'flnal prat rpIrEoyll on.thc llasa crcak,rnductrtal PerkEuu-. :':i::J , divlslon hes been duly ortended by tbc comlealonrrr jlrrcc i'r,ii';, p' *"*ritien *o,'ta'lrlF*ti;ilffri.iii.i,l' that t}ac. .: .il' , ': , r&*: : i.' rsa.i 'i 'ti.,. :,'. :, : Garflcld Countyc/o Harh Bolnr Itay B, l9B5 -2- i..'.1| CmnlcaloncraDlrcctor of Plannlng crDc ls eeeklng a slte on whleh to conetruet a larqe green- house conplex heated wlth taste heat frorn several qaeturbine electrlcal qenerator units. The site that crDedesires to buy ls located within the p.u,D. and adJacent tothe Mamm creek rndustr ial Park br.rt is outsi.de of {ts plattedboundary. rn order to neet crDCrs neede and seeure thefirst slgnlflcant development at the Alrport p.u.D., RtfIeLand ls seeklng to have the parcel ldcnttrtea aa meetlngcrDcre needs rezoned to pcrnit thcn to eonstruet the green- houges and generatlon unltg. The p.E.D. regolutlon eontalnsthe approprlate rone dlstrtct, and we belleve that theohangcr rcgucsted only requlrc an aacndannt to thc p.U.D. aonc d,l,strlct nap end Reeolutton ilo;,0I-56; fodl f Lcatlona Basueatcd ' thc folloulng arprctelbf, Baeolutlon Ho. gI-56 ararequested to be nodtfled to peralt the erDe tleveropnent tooecur, ,]A. Eectloa 2l .1 Y ,' . ' .'' I .. :. 'Fectlon 2. Prlor to approval of any ftnal plat ofthe Planned Unlt Developmentl or any part thCreof, tbeappllcant shall establlsh evidence of ownerehip andavalr.ablllty of suff lclcnt rater rlghta to lrEoyida tothe planned unlt devalopaent an aeguatc ouplty ofpotablc rater to s6rvc the ncads oi the cnliripropo'eed developnGnti..for donegtie and othcr uEeBconteruplated under the planned unlt devclopnent, plari,provlded, however, that the alryIlcant may iubatt andthe county nay approver arr othcr r€quirincnte bcinqaatlsfied, the flnal plat'o! tha coricretcl-rnduetrialportloo o[ tbr plenncd uoft drmlqnGnt upon a ghorlngof an adequctc ratrr ruppl1, -foa only that portlon ofthe plennad.unlt dcrclognrnt.* . .: : . I I 'Pegtlon ?: _Pllor to alprovali of iny ftnal plat otthe Planned tlnlt.Dcvelopnent, or rny paft thcrcof, theapplicant rhtll,,e'etabllsh evldenee of- ownarshlp,,andlavallablXlly of. euff{ctant *atcr :rtghts go,provlde tothc planncd unlt dcycLolmcnt an edcquate aulply otpotablc Ettcr- -to ,acrve.,!tE neGd!- of, tha. ,lntl.re . , .:. r :i i:..i,. rproposed devclopnent for doadatle and other riacr G 0 -t.. ,, .1 ,! .derfteld County ConrElaetoncra ..',,,C,flo,lttfk ;Barn, Dlrcctor of Flannlng,i,Uay,,8ri1985 , .: (- -3,: 'i rfrtsr, rlght. contemplated under the planned unlt development plan, provlde<1, however, that the eppllcant may subrnlt and the county rnay approve, all other rccTuireraents belnq satlsfied. the final plat of the commercial-industrlalportion, includ ing the agr icultural./ inCustr 1al,/open space portlon, of Ehe planned unit development upon a showing of an adequate nater supply for only thatportlon of the planned unlt develo,pnent. r Bxplanation: : ts[re languagg added to Sectlon 2 ls,,fgr.qlartf,lcatlon purposoa.^, ft.mi',recognlzcdt rehen tbc P.6;D. saa a[ryrrovcd that'Riflo.Lurid ABBgclateg had several sgurcelt.of ,rrater for its developnent. AEong.,thao ara aevoral rprlngs that are ilea.rced',.foli. lndustriat hail connbrcii{l uec" tths Gar'f leld County 8egloaal Alrport surrcntly utlllzes a porElon of tbtg ,,,,' .,, -Iihe, renitnllng srater ohanged fron qglloriltgfll rlgh'ts,,are 1n u36, thriiU$h a the proeess of betnE plan for auglaenta- Dtvel,..oxncnt Ehlll the boundarlas of tn, gtre ttaal plats uo,,63-€Tlt Io-,ffii-Eroc-pT;ii,i.6;;tl,Ii.ir,er,,rtii:"iEEaEL-'tn'. axcige of'crDC's watetr', neGde. , tn' ordar to pGrnlt the'pronpt developnent of the'ClfDc,proJect, RI.fJ.e Land hae'agraed to lcase CfDC a i water,: oupply for a stx-yearrperlod.' During :thts ttne' gfDC wil} be. able to acqulrc a.permanant supply tallored to tts needg. At the,end of the airlaar parlod tbc rater lcaeedto CTDC'*I1I fcvert to Rlf Ie traod ,iind ibe svalLable to aupply thc cntlre P.U.D. Rlfle Land'recognllcs that tha proposed water lease plrces a.growth ttmltafLon on tts propirty, ' ',, r.J. , ':' . l,'.; ... -,. I ,. 'Sectlon 6. Tbat thc Planned Unltc6i6lEffi? nlnc (9) Eona Dlstrlctr, ".;,i111!rlclt r,th1trl be, thq , sEEa dG*ignatod, :. ;;r. ,;i-':l ;'t ;'. . .'t G 'jl : ' r' '-sgi 'r; ,. ' , 1 '-. .' .' ', r:,.;) ,' 1'_ . lGarflcld County ConslsslonGrs ': ' ;(; il'lr3i.n, Dii;;;;'Ii-ii"nnlns -4- "sectton 6. That the prannerr unit Deveropment shalrconelgt of nlne. -(9) zo"e-dist.t"i*,-;;; bounrtarles ofrhrch shall be _the'"uro.-a"iin;;.;;'ti"In" f lnal plar'of the Garfleld C;r;U-eilp".t rndustriar parr, aPlanned Unlt ?:r:r"olrlnt,--[ut_ tn t[. -*"in.r seneraltvdcplcted on tho dcvsr$iln;.plan subntrted rith thlg.I:ii*:lp' and chrcu- -iiilirll"""i"-ii'i.'' rfearenater! as gf the Garfteld County AirportPlanned unit Deve16;;^;;'Inodeslgnated as foffols,;-' q Pfotrosed tanquaqe As Alnendedr fndugtrial parkr awhlch dlstrtets shall be bc eubmltted to thea plat of the actualThese tro eubmlttalszoninq and aceonpany thls .The deyelpnentPlannlng Departirent,parcel rhlch will b6rIlI forn the basls- plan nap willtogether withsold to CTDC.for the actual iS#r.6.*e,ti,tr:;l:r+,1t*fut;rtr$t#trXi;pir i:i,. +;rffi45;S[ii:,t+].*r,,.s;,,-*.:,:J '_es1 i c,g f t u..! a l/r nd u s tr tal./open spaee Dl, s t r tc t, A/ I los Ugee bv Rlqhls l3l:::t:Il3]..1n'1:!llg.rarmr lnrrrsnr ereenrIil;i ;. "IIi"IIl . ?: : f : Io ; " ; ;; " X :. i;l i X ;. i I e en - g::f 1':.::: 31f1it;it ;; :, ;;i;;, "1;;l:;Sill;Jl:':^:!l:r- y;ifi I "r Ir "L iI iI I.l.atff :"I: : y- i1f : I:" I I r il ; ;.' iii r Ia' i,ii';, i l; _ Il?:. f:.' :Eiii;_ ;ia'Illriffi ;.""ifJl*l;.,antnalc, and,/or"i '8. ;ilTil;".ffj:: prosrcrry cnploycd in "ii-61.', ir,i r',.Cpndlti,Enal UterL UaeEr Hobtle hone ''j':.t' ffi;"#"il::"1?3i.'" aecessorv Hone.. . , , 'l . rl , . ' '! ,. 'i1-: .' : ... Garfteld County Conntselonerg g-l9, fer! - !!rn r'- Dt rccror t oi -ilann.!.ng rIX. t C. Special:Uses ! tilone, r ii**+,rsi*,t',*rv'rt+.$ri$U+'.ryE;*+;i;lv1ii1,:iy:,,,},i.$,i;irfffirffi,gAffi665i1*1,;'*1*r,g-!^1}t$S+*.ri* Agricurtural,/rndustriar/uoerr s'aee Distr tct, i\/r/as Uses !y Riqhr: AgrtcuLtural lneludlng farm, gardenr grGerr_house, nursery, orchard, ranch, kennel,' guidtng and outfittlnq, rtding'stable,park, green belt, veterlnary ettnter and^ customary acceasory uaea includlnq LulId_i lnge,foa sheltcr and enelosure of persons, I antnale, and/oc property enployed in any of ,to provtde heai for ttrc Arcanhouae use. Condltlonal Ueeer Moblle home aa aeeesaoryuae to ranch or farm operation. A. B. I .:-; .{.i -,. .. l1. : ..,]: r. - -,. j 1' J... ' .!i -,i-i1.. 'I '.'-'r, j ; ..-- .,,,_ , ,._... _ :::i ",:. fa order.to. clartf y the def inltlon of reustonary ?:":f::Iy^:::"' ir was neceasary to include }anguage nakinqrt €rear that the heat production from the qeneiation ;id;- ,"f^!t_".- eqE€no.ratton tacittty te co;iemptatea to be incrudedslth the zddh'dtatrlct ae a use by rlqht when operated in:,cooJuactlon r{th the grienhouse.; :-pUD plan! .. .: .-- .Wlth referenee to the current p.U.D. plan Rep on.fllc :l1!}!e::.9ounty(Deacubcr1981),theconlng-"t'","-fortha:I:l, l1^qogstton i,e ourronrly Rceldenrtar/frrban o"iiiti. - ,TIt_-r,". ra deecrtbed at scitton ?-v ot lue:na";r;;i#:' ' Eorcyer, the r{amn crcek radustrrar park rc- rntr;iratary', .'tcto3B,cou1ly .Rof,d,aE2 -.!g,, thi:,north,t[ttitlaiurili;iJrelaoral ', .-r,:: Birvtoc an{ conndroqar.,z ,rrrpoi.i'lrr'vl'+J}ilir;I:liir ucrt'e'' ' ' '' !hrt' thr'r.gcalron,'o!- irrg paicei r{'ia .ntcaly rrrh :ir,I=iillfur, :,ceva.lepnGnt.:prln. r:{r rlti reault.in movtng tne nJiialiiiHiBrban Danelty zone furt.hcr to the aouth, but that area ler€scrvgd for that use at the prceent trsrc. aaeiuso or therlse of the parcer (36. acree) thc propoil c"DE-;;;.r;pilit1lrt provtde-a butfer betreen thc iiib"iizrrJrrtiral park -li -::, ., ,f .. {'.i Garfleld County e,/o ,Mark Bqaniltay 8, 1985-6- ..\$. 'Connlealoncrc Dltcotor of,plannlng \r, _;!.l Author itv: I:^:.1?"1:^:f ^:nl=,:u::"u:"9. chanrle I k,e r:e).y upon theR:::l:l?:: ?: :::::3?_1:r2:iit-"i In" ;;;;i.;; .;;l.i"Il"lXI :3r::::,:?:^.:11.1:::1:l- resuesterl. rn makinq this reguestphaslze the followinq-#ini",we em! G 0 1. 2. There w111 be no reductlon on open apaee, park18nds, school eitee or other areae in whlehthe. publlc rnay have a beneflerir -ini.r.rt. Dralnage and recrcatlonal easenente utll-ieretalned along Dry Creek. (4.02.09) It would be -approprlate to perrnit the con_Etructlon of this non-reslalntiaf use i;advance of the reeldentlal uaes because thereis_a depressed resldentlal market tn the area,and additional lote or dwel1lng" *oufa--onfyeracerbate the sltuatlon. (4.0d.0di---- i;'r t';i r:' :':':-t-thc'-prorlston'i'.'Of,*fi6:r pti:g.g;a*irf,t',Ut.". t[d&iti;.ii'-ri,,.1i&+ir.,iri.q:..fi,.:.:i ;r:.i;f !y-:!" county subJect to irre i"ir"rrngfindlnqs: a. I'he modification is eonsistent with theeffieient development and pr."..rriilon otthe p.U.D. All ;f the zoni dletrteta rlllremaln entact and therc rlII Ue onfv asmalL reductlon rn the ran<r "ii"-Jriot.a..to other Dlatrtcts. fn addttion, ttr.adjolntns tand ro the north i"-juOilvtdedas an lndustrlal_ park aaeoclat.O-*ilt -;h; b. the land ?!!!I-lrrg. on rhc: propfGrty auUj;et .-p_ !h" propoccd 6h"nqi-' r..oii."iidet.wnera a currGnt.prcllnlgrf! plat. eilits,:grr'thG ftnd to tfro noittrr., f t lp for,.in , _lnduatrtal park. The "ii"-"t-trrilail.t,36 _acrea, and the reteniio"-"r-Ii"iiiq* ' and reereatlon easenante on tta,rcelernedge insure substantlal buff"i t"r-iri"future davelopnGnt oGar ih;-;;r;;i.-' Y ComnlsaLoners Dlreotor: of Flanolng For the foregoing reasons, the ,:::ry:t.ly_11y perlrton rhe countyclranges hereln Eequegted. ?hi ehange in the p.U.D. wlll confer asubstantial advantaoe on the nublic atIarge and cn ihe County. It *,iII resultin tlre adrtitlon of tax base anrJ jobs in -r" area where thei/ are neerlecl. It will gtourecognitlon to the County operatad aliportanci enhance the County's lnveetnent lnthat facillty, No tnittvldtual rtl!. oUtatna-benef i.- specLal to that tndtviJu"i. ---- ({.12.03 (2} )G 0 P Y Ltd. the cc! ': ..,' .':. iRtflc Land. Aeeoclatei;-: ConnlselonGrB to nale Robert Chancellorf;it Jackson Hark Bean James Larson :1 ' i:: truly-Very ygurs, Davld W. Robblne ip,+it *f,:f #flffr "It: d:l 'i;r.c.r..:r.,, GARFIELD COUNTY DEPARTMENT OF BUILDING AND SANITATION JuIy 25, L986 IJames S. Goff,'Project Manager Bonneville Pacific Corporat.ion 200 East South Temple, Suite 300salr Lake ciry, uT 94111 RE: American Atlas No. 1 - Co Generation plant Dear Mr. Goff: we received your letter, dated June 24, 1980, to Mr. Don K. DeFord,county Attorney, on July 9, L986. Mr. DeFord advised he believedthat your response satisfied the conditions for waiver of Plan Checkfees as stated in his letter of June 10, 19g6. I,Ie have advised the Board of county commissloners (Bocc) as to theacceptability of the ,no fee plan check proposaltt and your acceptanceto the conditions lmposed. The Bocc advised to proceed with theissuance of a Buil-ding Perrnlt, and that your request for a two equal-palment submittal of the $60,327.50 be pernirred. we wiLl issue rheBuilding Pernlt uPon recelpt of the first installment of the BuildingPermit fee. We will- require and perform the followlng items during construction ofthe Co Generation PLant: L. We w111 need top drawi.ngs of this project as they become availabl_e. We will require detailed drawings of facilities where personnel will be housed during operation. We will review drawings submitted in paragraphs 1 arrd 2for "1ife safety" ltems in accordance with the 1982International Conference of Bullding Officals (ICBO) Uniforn Building Code, Uniform Mechanical, UniformPlumbing, and Uniform Fire Codes, as adopted by Garfield County, Colorado. A. Any required changes will be coordinated throughProject Construction Corporation on-site rep- resentatives. 2. 3. /.,*-*t 109 BTH STREET, T+IfRHI€€R 945-821 2 / 625-5571 GLENWOOD SPRINGS, COLORADO 8I601 James S. Goff, Proj_;t l1anager Bonneville Paciflc CorporationJuly 25, 1986 Page 2 4. trle wilr be called for inspecti.ons on the following: A. flteel in concrete footers and foundation B. Underground plurnbing and piping C. Rough pl_umbing D. FranLng of structures E. Roofing F. Insulation of habitable structures G. Heating and ventil-ation 5. we shaIl receive periodic reports of englneers and special-inspectors concerning the following: A. Reports on concrete mix and slump tests B. Review of welding and/or boLtilrg on frame work and structures C. MaJor engineering changes affecting items wenormally inspect as listed ln paragraph 4 I plan to get into Denver in the next couple of weeks to discuss pCC's Qc Program wlth !Ir. v. Bakker. r will set this up through "B111r' sharp. sorry r was so long getting this out, but the wheels of progress some-times grlnd slowly. please advlse if r nay be of .rry ""Li"I"rr".. Sincerel-y, Building & Sanitation BJr/ 1j b cc County Mministrator BOCC Don DeFord I,ftn. A. Sharp, pCC ""(j v B. J. Thompson, Director DAVID W. ROBBINS ROBERT F. HILL I(AFIEN A. TOMB BOBBEE T'. MUSORAVE RONALD L. WTLCOX r,. NEMPIR WILL or cowsEl. Hrll & Ronsrus ATTORNEYS AT I,AW IOO BI,AIG STREET BUILDING I44I EIGHTEENTH STREET DEN\/ER, COLORADO AOEO2 fndustrial Parkrecall, CTDC,the rezoningthe proposed Mr. Henry Ipsen that theand Development Company believes41-acre tract located in the TELEPHONE gos 996-8tOO TELECOPTER aoa ego-eoaa JuIy 23, 1986 Mr. Mark BeanActing County Administrator Garf ield County planning Department109 8th Street, 3rd Floor Glenwood Springs, CO BI60I Dear Mark: f understand from , Cogenerat ion Technologythat the rezoning of theGarfield County Airportwas flawed. As you wiII Re: Rifle Land Associates/CtOC: Zoning fssue : P.U.D. owned by CTDCthrough its priorbut apparently nowofficersr pdfticipated infeels that the notice ofinadequate. rn order that there is no question about the varidity 9f- the- county commissioners' actfon, r recommend that wetake the following steps: rezoning was to the one attachedthe newspapers i copies of the notice be sent by certified maillandowners on the Iist attached hereto as 1) that a new notice, similarhereto as Exhibit A, be published in 2) that to adjoiningExhibit B; 3 ) that the Commission on thealready reviewedpreviously; and matter be reconsidered byadministrative calendar isthe proposal and unanimously the Planning they have approved it GARFIELD COUNTY Mr. Mark BeanJuly 23, 1986 -2- 4) that a public hearing be held by the Countycommissioners on the subject notice to determine whether ornot there are any persons who wish to-mike adverse commentaconcerning the proposed rezoning rf there are no adverse comments at the time and pracespecified in the notice, then f would recommend that the;"ffi;; i"lii'13=""urrr:ffirm $hoi- ^^r.:^- L-- --- ::::::"_::,i:l1:1 I g? i"[-tr,iilr.-Ir,It'ii=i" ;'#:::"il=[;repeat the enti-re rezoning hearing process and the S?TI.::_.::"I_"_ :lglrd re a6re -t;-;;"i;i;;-;.:;i";i;" 8 s_ro 3 bus iness. Very truly yours, DWR: ncr Enclosures cc: Bob Ctrancellor Don DeFordHenry fpsen David Hirschi David W. Robbins . Py copy of this letter, I ?. requesting Don DeFord,GarfieLd county Attorney, to review ttiis recommended courseof action to determine ivhether or not tre agrees that itwourd satisfy the requirements of the appl-icable riw anaeounty ordinances and serve to reaffirm the comnissioners,past decision. .As you know, time is very important to the CTDCorganization and therefor. "nytni"i-v"u-'.an do to expeditethis process wourd be greatry-appr6ciitea. r have-iiltrrorityfrom counsel for CDTC, Mr. Olvid-Hirschi, to state that CTDCjoins in this request and shourd be considered aco-applicant in this proceeding ) ) w/encls. ) ) -F.' Propertv G*rrer Colorado Ute Associatiorr P. O. Box II49 Electric Morrtrose, Colorado Lazier-SiI Is Partrrership c'/o Jimmy M. SiIls P. O. Box 9BI Parcel Number L26 160 246 zru5 L25 L2'l II5 II4 L44 r54 Glerrwood B16O2 Spr irrgs , P. O. Box 290 DaIIas, TX 7522L 247 Benzel Livestock P. O. Box 2304 Glenwood Springs, B 1602 Benzel Ranch Partnership 650 S. Cherry StreetSuite IOOO Derrver, CO 80222 Board of County Commissioners Garfield County I09 Eighty Street Glenwood Springs, 816OI South Rifle Properties 5850 OId Ranch RoadColorado Springs, 80908 Catherine J. WaII AKA Mrs. Edmund Atkinson I94O Evergreen Arrtioch, CA 94509 James G. Snyder 3879 346 Road SiIt, CO 8f652 James G. Snyder 3879 346 RoadSiIt, CO 81652 Mobil OiI Corporation P. O. Box 29O DaIIas, TX 7522L Mobil OiI Corporation Company CO 270 L24 956 United States of Arnerica MobiIe Premix Company P. O. Box 5fB3 'ferminal Annex Derrver, CO BO2L7 BLM Property 7 DA\/ID W. ROBBINS ROBEFIT F. HILL KAREN A. TOMB BOBBEE.'. MUSORAVE RONALD L. \dILCOX !,. KEMPER WILL OF COWSEL Hrr-r- & RosnrNs ATTOFTNEYS AT LAW rOO BI,AKE STREET BUILDING I44 I EIOHTEENTH STFIEET DENttrER, COLORADO AOPO2 August 22, 1986 4til4:il01F ilAUG 2 8 1986 TELEPHONE aoa e96-8loo TELECOPIER aoa 290-2044 CLARFIELD COUNTYMr. Mark Bean Acting County Administrator Garfield County Planning Department 109 8th Street, 3rd Floor Glenwood Springs, CO 8160I Re: Rif1e Land Associates Plan for Augmentation Dear Mark: I am happy to enclose herewith the final deeree in Case No. 83-CW-136 involving the plan for augmentation of Rifle Land Associates. As you will note in the decree, theplan for augmentation contemplates the provision of a water supply pursuant to the plan sufficient to serve 620 single- family residences, 1,O00 multipte-family units, 300 mobile homes, Ir300r000 square feet of commercial sPace, and an industrial development employing approximately 1,200 people. In addition, it covers sufficient augrmentation for a school with 560 students and a recreational vehicle camp and community park. All of the calculations used to arrive at the water supply for the foregoing facilities are very conservative and provide for ample outside irrigation and incidental uses. I believe the plan more than fully meets the Commissioners' requirement that we have in place a decreed water supply for the PUD development, and I would appreciate it if you would bring this uratter to the Couunissioners' attention at the appropriate time, Lf you deem it necessary. I would again remind you that Rifle Land seeks to obtain extensions for the final pJ-at approval for its Mamm Creek Industrial Park subdivision within the PUD, as well as Mr. Mark Bean August 22, 1986 -2- for the overlying Garfietd County Airport Industrial Park PUD. As you are aware, the economic climate in the area does not make it possible for us complete those developments at this time. However, Rifle Land has been working dili- gently toward that goal, this plan for augmentation being one more step in its steady progress. If you could inforn us how you wish us to proceed to secure the extensions, w€ would be more than happy to do so. Ttrank you very much for your assistance and cooperat ion. DWR: ncr Enclosure cc: Bob Ctrancellor ) w/o encl. waTER DlvlsloN 5, 00L0RA00 JUL 1 4 p86 DISIRICI COURT, WAI.ER DIVISION NO. 5, SIATE OF COLORADO Case No. 83-CW-I36 FINDIreS OT FACT, CONCLUSIOHS OF I,AI{, JUDGMEUT AND DECREE IN lHE MAT.I.'ER OF THE APPLICATION OF RIFLE LA\ID ASSOCIAI'ES INGARFIELD COUNTY THrs MAITER having come on for consideration by thecourt upon an apprication for change of water rights andapprovar of a plan f9r augnentation and the court havingconsidered the preadings- and the evidence and having exa-mined the recordg, and arr objectors and parties traiingeither withdrawn their oppost[ion trerein or acknowreajZatheir congent to the apprication beinq qranted upon certtheir consent to the apptica being granted upon certainconditions as herein set forth, and tfle-court being nowfully advised in the premises, hereby finds and cofrcrudes: I. F1NDINGS OF FACI' A. General I. 1l appfication for Ctrange of Water Rights andApproval of a !r?" for Augnerrtation wis tired by Riire l,anoAssociates, a Colorado IlniteO partnership, as developer ofthe Garfield county Airport pranned unit beveropnent(hereinaf ter "AppI icant., ) , on May 3I , I9g3 2- linery and adequate notice of the appricationhas been given in the nanner required by law 3. f.imely statements of opposition were filed byunion oir company of california, the -ity or Rifre, GrassMesa, Ltd., Agnes Hunt, Loesch and Crann Ditch Co., Utewater conservancy District, the state Engineer and DivisionEngineer f.or water Division No. s, Mobir oil company, andMain Elk corporation. Ttre Ute water conservancy bislrictsubsequentry withdrew its statement <;{. opposition. No further statements of opposition have beenfired and the time for firing statements- of opposition hasnory expired. No entries of ippearance have been fired inthis proceeding. Each of thJparties who have f ired astatement of opposition and who are presentry invorved inthis proceeding consents to the entr| of, thi; decree, andthe court hereby acknowredges the coisent of the objectorsin this proceeding by theii signatures, ir,fra, "r-[[-ir,"i,prior withdrawal from this pro-eeding. 4. !ru1936 l'- 5.l.he above-entitled aPPlication was referred to the Water Referee for Water Division No. 5, State of Colorado, who re-referred this natter to the Water Judge of said Court on August 25, 1983, in accordance with Article 92 of Ctrapter 37, Colorado Revised Statutes, known as the Water Right Determination and Administration Act of L969. 6. 'rhe Water Juogejurisdiction over the subject over all who have standing to they have appeared or not. of liater Division No. 5 has matter of this proceeding and aPPear as parties, whether ?.Lhe Applicant plans to develop the Garfield County Airport Planned Unit Development ("P.U.D.") on a I,4Qo-acre parcel owned by Applicant which is }ocated near the Garfield County Regional Airport, about four miles southeast of the City of Rifle, Colorado. It is planned that the Garf.ield County Airport P.U.D. wiII include resi- dential, commercial, Iight industrial, and public areas that will be developed in increments over the next I0 to 15 years with a projected maximum population of 7,000 persons at full development. To provide a reliable water supply for this projected developnent, Applicant filed this aPplication- 8. A. Ttre Applicant owns the following water rights: 2OO shares of stock in the Loesch and Crann Ditch Company, a mutual ditch company having a total of 2,i24 shares outstanding. T,he Loesch and Crann Ditch Company owns a water right in the amount of 50 cfs decreed to the Last Ctrance Ditch for irrigation use from the Colorado River with an appropriation date of. March 23, I88?, by decree datecl May 5, 1888, in Civil Action No. 89 in the District Court in and for Garfield County. By virtue of. its ownership of 2OO shares of stock in the Loesch and Crann Ditch Courpany, Applicant has the right to use uP to 3.67 cfs of the water right decreed to ttre Last Ctrance Ditch. Lhe source of supply of the Last Chance Ditch is the Colorado River. B.A total of IO cfs out of the 40.O cfs originally decreed to the L&C Ditch for irrigation use from Beaver Creek, Priority I12 in former Water District No. 45, with a date of appropriation of May 16, L892, bY a decree dated April 8, 1893, irr Civil Action 52O, in the District Court in and for Garfield County. Said 40.0 cfs was decreedjointly with the Enterprise Ditch with the diversions through both structures not to exceed 40.O cfs. l.'he head-gate of the L&C Ditch is located on the East bank of Beaver Creek in Section 'c6, Township 7 South, Range 94 West, 6th P.M., in Garf ield County. 'r'he originally decreed amount was reduced to L4.2 cfs in Civil Action 2O7L in the District Court iq and for Garfield County, and 25.8 cfs were declared abandoned. on JuIy 23, L974, in Case No. W-28i, Water Divisiorr No. 5 , the point of diversion of this water right was changed to the Beaver Creek/Grass Meea Ditch. On November 13, 1981, tn Caee No. 79-CW-1O, the point ofdiversion of this water right was reestablished at theoriginal Civersion point oL the L&C Ditch as described above and a total of 4.2 cfs was abandoned to the stream leavingApplicant with a right to divert 1O.0 cfs. the source ofsupply of the. water right decreed to the L&C Ditch is Beaver Creek, a tributary crf the Colorado River. C. An undivided one-third interest in 40.0 cfs,being 13.33 cfs, originally decreed to the Enterprise Ditchfor irrigation use from Manm Creek, Priority No. tll in former Water District No. 45, with a date <,f appropriationof JuIy I, f89I, by deqrees dated April 8, 1893, in CivilAction No. 52O, arrd April 22, Lc,O7, in Civil Actior. No. L232in the District Court in and for Garfield County. Said 40.0cfs was decreed jointly with the L&C Ditch uith the <iiver-sions through both structures not to exceed 40.O cfs. lhepoint of diversion of this water right was changed to analternate point of diversion at the Rainbow Ditctr by decreedated November 18, f981, in Case No. 8O-CW-275, in theDistrict Court in and for Water Division No. 5. The head-gate of the Rainbow Ditch is located on the West bank of Manm creek at a point whence the Northwest corner of section29, i'ownship 6 South, Rarrge. 92 Weet, 6th P.M. bears North 58040'40" West, B distance of 2,7e8.48 feet in Garf ieldCounty. the source of supply for all water rights decreedfor diversion to the Rainbow Ditch is lilamn Creek. D.9.92 cfs decreed to the Rainbow Ditch forirrigatiorr, murricipal, commercial, inCustrial, and aII otherbeneficial purposes from Mamm Creek, with a date of appro-priation of December 3I, L967, by decree dated November 16,198I, in Case No.80-CW-275 in the District Court in and forWater Division No. 5. t'he locatic,n of the headaate ot the Rainbow Ditch is described in paragraph 8.C. above. F 160.7 acre-feet decreed for storage in VaughnReservoir for irrigation and domestic use from Beaver creek and Plamm Creek diverted through the L&C and EnterpriseDitches, the headgates of which are described in paragraphs5.8. anq 5.C. with a date of appropriatiorr ot March L4, L892, by decree dated April 8, 1893, in Civil Action No.52Oin the District Court in and for Garfield County. the damof Vaughn Reservoir is rocated in the wr/2 NEL/4 section 25,'rownship 6 Souttr, Range 93 West, 6th p.M., in Garf ieldCounty. The source of supply of the water storage rightdecreed to vaughn Reservoir is Beaver creek, Flamm creek, andDry Creek which are tributaries of the Colorado River. B. Eietorical Conaulptive Use 9. Applicant's water rights have been usedhistoricarry to irrigate 272.3 acies of rand in the coloradoRiver Baein located primarily in Section 13, Lownship 6Sguth,.Eange 93 West, 6th P.M., southeast of the City ofRifIe in Garfield County, Colorado. fO. the use of Applicant's water rights hasresulted in historical depletion to the Colorado Riversystem. By ttre cessation of that tristorical irrigation,consumptive use credits wiII be created in the following amounts: (values in acre-feet) lpr ugr 3.7 57 .3 'Jul 4gg I07 . -r 72.4 EsP 9s! 29 .4 L.2 rlun 74.6 TotaI 346.3 1r.the land historically irrigated by the waterrights owned by Applicant did not historically producedirect return frows to the colorado River system because thegeology in the area caused those returns to flow into theLast chance Ditch where they were used on other lands. As aresult, the Court finds that the tining of hietoric returnflows is not an issue in thie case an<i Applicant is notrequired to replace delayed return ftowe in order to preventinjury to others. L2.Ttre irrigation practices on the land his-toricarry irrigate<i by Applicant's water rights invorved thecomingling of the water rights and it is inpossible toallocate specific areas of irrigated Iand to specificrights. the evidence estabrished that there was a suffi-cient water supply available trom all of Applicant's waterrights to irrigate the entire 2i2.3 acres ana that therights were used in various courbinations to accomprish that Purpose. C. Water Righte Io Be Augnented r3.Applicant wilIfollowing structures, to bedate of this plan, being May A.Lhe Lastis located on the SouthSection 1O, I'ownship 6Garfield County. divert its water supply at the administered under the priority3r, r983: Chance Ditch, the heaogate of whichbank of the Colorado River in South, Range 92 West, 6th p.M., in B. ln<lustrial Park WeII No. I, ln the NWl/4 Nwl/4 Sectlon 18, Townshlp 6 West, 6th P.t''1., l33O teet f rom the North 29O.6 feet from the West Section line in C. Industrial Park Well No. 2, in the M[I/4 Nwl/4 Section 18, Township 6 West, 6th P.It{., 1330 feet f rom the North 44O.6 feet from the West Sectlon line in which ls locaLed South, Range 92 Section Iine and Garfleld CountY. rlhich is located South, Range 92 Section line and Garfield CountY. D. .the city of Rif Ie Intake Facilities, which are Iocated as follows: I) City.of Rif Ie Colorado River lntake is located at a point on the North bank of the Colorado River at a point wherrce the Northeast Corner of Section 15, Township 6 South, Range 93 West, 6th P.tt{. bears Nort}t 48048'5;2" East, a distance of 2,L32-L3 feet in Garf ield CountY. "Ri f le T'own Section 36,point whence a distance of 2,2O9.O feet in Gartiel<iS 49o28' East, County. 14. Wtten this plan is irr etfect, ApPlicant shall be entitled to make out-of:priority diversions at a combined rate trot to exceed a total"of 4.4 cfs for domestic, muni- cipal, industrial, commercial, recreational, and irrigation use at Erh1l orl€ or a combination of the points of diversion described in paragraph 13.A. through 13.D. in the following amounts: A. At the headgate of the Last Chance Ditch at a rate not to exceed 3.67 cfs. B. At Industrial Park WeII No- I at a rate up to I,OOO g.p.m. (2.222 cts), with the combined rate not to exceed-4-.4 cfs when pumped in conjunction with other points of diversion. c.At Industrial Park WeII No. 2 at a rate up to I,OOO g.p.m. (2.222 cf s), with the conbined rate not to exceed 4.4 cts when pumped in conjunction with other points of diversion. D. At the City of Rif Ie Intake Facilit'ies at a combined rate uP to 4.4 cfe. 2') City of Rif le Beaver Creek Intake, a/t<'f a Intake Pi-peline," is located at NWIr/4 SE'L/4 Township 6 South, Range 94 West, 6th P.M. at a the Southeast Corner of said Section 36 bears t5. D. IIater Requireaente Garfield County Airport P.U.D. is a residen-tial, commercial, recreational, and industrial development which Applicant is developing on a I,4oo-acre parcel of land owned by the Applicant in all or parts of Sectione 13, L4, 23, 24, 25, Township 6 South, Range 93 West, 6th P.1,1., and Sections 18 and 19, 'Lownship 6 South, Range 92 West, in Garfield County, Colorado. At full developnent, it is planned that this development wilI include approximately 620 single-family residences, 1,080 multi-family units, 30O mobile homes, I,30O,000 square leet of comnercial spacer Eln industrial development which wiII employ approximately L,2OO persons, a school for 56O students, and a recreationalvehicle camp and community park with sanitary and drinking facilities. It is planned that the residential areas will include lawns and gardens averaging 3,000 square feet PerIot, 500 square feet per multi-family unit, and I,00O square feet per mobile home. In addition, the commercial develop- ment will include I0 acres of irrigated lawn, the industrial development wilI include 3I acrea of irrigated lawn, the school will include 2 acres of irrigated lawn, and the recreational vehicle camp and community park wiIl include 2O acres of irrigated park and lawn. 16. At fuII development, the average annual diversion requirement tor water uses within the development,inctuding lawn, park, and garden irrigation, is estimated to be I,258.8 acre-f eet per .year. In-building uses within the development have been assumed to have water requirements calculated on the following basis: A. Each single-family dwelling unit will contain an average of 3.5 people; each nulti-family dwetling unit and each mobile home will contain an average of 3.0 people. B. In-building water uses in the residential areas will average BO gallons per person per day. C. In-building water uses in the commercial areas wiII average 12 gallons per I00 square feet of floor space per day. D. In-building water uses in the industrial areas will average 30 gallons per employee per day. E. In-building water use in the school will average 20 gallons per student per day for a six-day weekduring the period September I through May 3I. F.Water usea for eanltary and drlnklngfacilities at the recreational vehicle canp and communitypark wiII be equivalent to 410 single-family dwelling unitsor 1435 persons, consuming 80 gallons per person per day. G. Consumptive use resulting from irrigation of lawns, parks, and gardene wilI average eighty percent (80t) of water applied. lhe Court f inde that each of these assuurptions, which are suppotted by the evidence, is reasonable and adopted bythe Court for purposes of this ruling. L7.Wastewater. from in-building uses wilI be collected and treated in a centralized sewage treatment system and returned to the Colorado River system. The average consumptive use of water for in-building use will average f ive percent (5t) of diversions. I,?re resulting totalin-building consumptive use is estimated to be no more than 46.06 acre-feet per year at ful1 development. r8.The total consumptive use resulting fronirrigation of a total of I25 acres of lawnsr parks, and gardens within the development wiII average 274.6 acre-feet,calculated on the basis ot'2.18 acre-feet per acre during anirrigation season extending from ApriI l5 through October15. I'he Court f inds that the consumptive use attributableto irrigation within the development is reasonable and supported by the evidence; 19.The total annual stream depletions for aII water uses within the developnent, including in-building uses and lawnr park, and garden irrigation, is estimated to average 32O.66 acre-feet (46.06 acre-feet plus 274.6 acre-feet ) . 20.the Court finds the assumptions used to determine diversion requirements and stream depletions forwater uses in the development to be reasonable and supportedby the evidence. ltre projected monthly water diversionrequirements, depletions, and depletions as a percentage ofdiversions for the development are as follows: Month Required Diver s ionsIn Acre-feet Jun ?4.6 DepIet ionsIn Acre-feet Percentage_ 5.0 5.0 5.O 18.9 3r .4 40.o 45 .8 41 .5 30.8 r6 .6 5.0 -_s.9 25.5 January 78.0 February 70.5March 78.0 April 93.1May L2O.8June 14I.5,JuIy L67 .9 August 149.0 September 114.6October 9I.9' November 75.5December 78.0 TO1.'AI r,258.8 3.94 3.64 3.94 L7 .64 37 .94 56.6 76.9 6L.9 35.24 L5.24 3.74 3.94 320.66 The depletion percerrtage represents the percentage of the monthly diversion requirement or demand that wiII be depleted <luring each month, ranging from a low of five percent (5t) during the winter months to a high of forty- f ive and eight-tenths percent (45.8t) in iluly. 2L. E; Change of lilater Rights Applicant shall be entitled to change the u6e of the water rights described in paragraph 8 above to replacement purposes for domestic, municipal, industrial, eommercial, irrigation, and augmentation use. Applicantshall be entitled to diversions under this plan at any oneor a combination of the points of diversion described in paragraph 13.A. through 13.D. and shall leave water in Beaver Creek, Mamn Creek, or the Colorado River to replace depletions caused by diversions pursuant to the plan for augmentation Cecreed herewith. FinalIy, applicant shall beentitled to change the water rights to storage in Vaughn Reservoir for Iater release, subject to the Iimitations contained in this decree. 22. I'he Applicant will not be required to accountfor consumptive use under the plan for augmentation as Iong as monthly diversions do not exceed the following: (values in acre-feet) M"r 5i .3 APr 3.7 J,I LO7 .7 4ss 72.4 geP 29.4 Oct L.L B Once it is neceasary to exceed those rates, then accountingunder the plan for augmentation shalI be placed in opera-tion. AII of ttre other limitations of this decree shall remain in force and ef fect in any event. 23. F. PIan for Augnentation 1,o the extent that senior water rights would be deprived of their lawful entitlements by out-of-prioritydepletions resulting from the operation of this plan for augmentation, Applicant wiII provide replacenerrt water necessary to meet the lawful entitlements of said senior water rights in the tollowing manners A.During the months of. April through October, when there is a call on the Colorado River senior to May 31,I983, the depletions resulting from diversions pursuant tothis plan for augmentation will be replaced contemporane- ously by leaving water in Beaver Creek, Mamm Creekr or the Colorado River wtrich Applicant has a right to divert under its water rights described in paragraph 8 above. ApplicantshalI be entitled to clain a maximum monthly consumptive use credit for these water rights in the amounts shown in para- graph I0 tor the months April to October. Water in excess of the amounts necessary to replace depletions to the ColoradoRiver may be storeo in Vaughn Reservoir, or such otherreservoir as might be approved by subsequent decree of thisCourt, subject to the terms ano conditions provided herein.At any time the call on the Colorado River is junior to DIay 3I, 1983, Applicant shall'be entitled to store the maximum monthly consumptive use credit in the amount shown in paragraph I0. B.When there is a call on the Colorado River senior to May 31, 1983, in the months November through March, and in the months April, September, and October tothe extent necessary to replace depletions occasioned by the operatiorr of this plan, in excess of Applicant's con- sumptive use eredits, said depletions wiIl be replaced contemporaneously by releasing water stored in VaughnReservoir to Mamm Creek and thence to the Colorado River or by releasing water stored in Reudi Reservoir, or otherreservoir approved by the Court after notice and hearing, to the Colorado River. G. Terns and Conditions 24.To prevent injurious effect to vested water rights and decreed conditional water rights with priority dates senior to the date of the filing of this application,the plan for augmentation and changes of water rights shallbe subject to the following terms and conditione: A. Prior to any out-of-priority diversio-ns. prr"rr..ri to this plan for augmenta-tion, Applicant-shall insure tfiat adequate measuring devices are installed and maintairred at ea'ctr point of dir"r"ion described in paragraph r3. B.onanyuaythatApplicantdivertswaterout- of-prioiity in acco?danle with itris plan for augmentation, appiicant "fr.ff cause there to be made available to the clioraao River a fuII replacement of depletions resulting f rom any out-of.-priority diversions. APplicant shalI be entitled to make such out-of-priority diversions only when the sources of replacement water are available tor contem- lor"...ors release- to the Colorado River system to replace hepfetions cletermined in .accordance with this plan. c.Beginning with the first use of water the plan for augilentat-ion, Applicant shall provide under the iof fS*irrg intormation to ttre-bivieion Engineer by a nonthly accounting: I ) The amount of water diverteci pursuant to the plan at each of the structures described in paragraph 13.A-. through 13.D. (the Last ctrance Ditch, the city ot RifIe Intake Facitities, Industrial Park WeII No. I, and Iridustrial Park WeII No. 2)t 2') the anount of water diverted out-of- priority at each of the structures described in paragraphs 13.A. through 13.Di :. 3) The calculated depletions resulting from out-of-priority diversions at each of the structures des- cribed -i., paragraphs 13.A. through 13.D, v.'hich shall be computed uy murtiprying the amount of water diverted out- ot--priority at each of the structures times the depletion perlentage for that month as shown in paragraph 20 ' 4) t"he amount of. water in storage in Vaughn Reservoir at the end of the month and the amount of water released from Vaughn F.eservoir (or R.uedi Reservoir) during the month to replice out-of-priority depletions in exceas of consumptive use stream creoiLs which the Applicant is entitled to claim. D.Oncedevelopmentcommences,Applicantshall report to the Division Engineer on an annual basis the total number of EQR's being served, the amount o{ acreage Deing irrigated, and the amount of comnercial/inaustrial space being served. 10 E.Applicant shalI install and malntain, oE cause to be installed and maintained, measuring devices on Vaughn Reservoir capable of measuring inflow, outflow and storage content changes in said reservoir prior to the use of that facility as a part of this plan. 25.Releases of replacement water from Vaughn Reservoir or Ruedi Reservoir shalI be subject to reagonable stream carriage charges which the Division Engineer or his staff may be required to establish from tirue to tiure from the point of release to the confluence of Mamn Creek and the Coloracio Riv er . 26. The use of Vaughn Reservoir under this plan shall be subject to the tollowing terms and conditions: I) Water nay be diverted to storage in Vaughn Reservoir at a rate not to exceed 4.4 cfs. 2) Water sha1l be stored in Vaughn Reservoir only at such times as water is physically available at one of the decreed points of diversion of. Applicant's water rights. 3) Water shall be stored in said reservoir only during the months of April through October. 4) Water may only be diverted to storage in Vaughn Reservoir from Mamm Creek and Beaver Creek when there is water physically and legally available under the priori- ties of the Enterprise Ditch and the L&C Ditch at their headgates. Water may be pumped to Vaughn Reservoir after diversion at the points of diversion described in paragraph I3.A., 8., and C. pursuant to the terms of this decree at any time it is available. 5) the maximum amount of storage in Vaughn Reservoir permitted hereunder shalI be limited to 16O.7 acre-feet annually. 6) During any month the maximum amount of water diverted to storage on a monthly basis shall be Iimited to the amount computed in accordance with paragraph IO above. 2i.During the initial phases of developnent, the water supply for the Garfield County Airport P.U.D. will beprovideo from water rights in the Mamm Creek watershed which have been previously decreed for year-round domestic,municipal, and commercial purposes from the Crann Springs. When the water demands of the development exceed the water supply available from this water right or at any timesooner, Applicant can begin diverting water at any one or a II combination of the structures described in paragraph 13 above, after giving notice of ite intent to do so to the Divi s ion Engirreer . 28. Lhe total anount of water diverted at the points of diversion described in paragraph I3 shalI not exceed a combined total of 4.4 cfs on an averag€ daily basis. 29. Applicant shall insure that aII of the property which was subject to irrigation with the water rights ciescribed in paragraph 8 and illustrated on the nap attached hereto as Exhibit rrArr is permanently withdrawn from irrigation, prior to the initiation of ttris plan, except that-irrigat.ion nay occur in the future as the result of the subsequent <Ievelopment'of' the land as contemplated b)' this decree. 30. Applicant shall forego diversions at the headgate of the L&C Ditch as a term of this decree, but the right to utilize the historic consumptive use associated with the exercise of that right shall continue as a part of this augmentation plan. 3I. Applicant state<t its intention to aPply to the West Divide hrater Conservancy District for a contract for delivery of replacement water from Ruedi Reservoir, which is Iocated in Sections 7, 8, 9, II, and L4 through 18, l'ownship 8 South, Range 84 West, 6th P.M., in Eagle and Pitkin Counties, Colorado. fhe West Divide Water Conservancy District has a contract v'ilh the United States Bureau of Reclamation for the release of water from Ruedi Reservoir. Ruedi Reservoir, a component of the Fryirrgpan-Arkansas Project, derives its lvater supply from the FryingPan River, a tributary of the Roaring Fork River, which in turn joins the Colorado River upstream from the Town of Glenwood Springs, upstream trom the T'own of RifIe. By conditional decree dated 'June 20, 1958, in Civil Action No. 46L3, theDistrict Court in and for Garlield County awarded said reservoir Priority No. 7IB, with an appropriation date of JuIy 29, L957, for hydroelectric generation, irrigation, municipal, domestic, industrial, piscatorial, and stock watering uses. By subsequent orcler of the District Court in and for Water Division No. 5, that reservoir's conditional decree has been f ixed at LOz,'169 acre-feet. Applicant shall be entitled to acquire said contract and to freely substi- tute some or al1 of the water secured thereunder for water stored in Vaughn Reservoir. In this event, Applicant shall only be required to maintain Vaughn Reservoir to the extent necessary to effectuate this plan and, if it acquires acontract for an adequate winter replacement supply trom Reudi Reservoir, Applicant may abandon Vaugtrn Reservoir, in whole or in part at its discretion, without affecting itsrights under this p1an. r2 32. Applicant agrees to, and shall' be.bound b-y the terms ana cl^naitions 5t-ifi"t certain Resolution of the Board of Directors of the Loesch and Crann Ditch Conpany dated June 25, I98I, and shall, ds a term of this decree' be obligated to comPlY therewith' 33.Asanadditionaltermandconditionofthis decree, APPIicant has proposed to abandon a total of 8'93 cfs ot the f:.Sg cfs wiicfr it owns in the Enterprise Ditch described in paragraPh 8.C' above' H. SunarY Findings 34. Based on.the foregoing f indings of fact' the Court herebl, f inds thad the operation-of this 91-an tor augmentation, incfuding the ciranges-of .water rights approved herein, wifr pEimi[-aii.t"ions, incluoing out-of-priority diversions, without adversely affecting any senior--vested water right or decreed condilional water right in Water Division No. 5 so 1on9 as this plan is administered in accordance with the terms of this decree' 35. To the extent not required for this plan for augmentation, Applicant shall be entitled to utilize the consumptive ,r".--.redits shown in paragr?Ph ]0 a_s replacement ;;a;; i" additional plans for augmentation in the future, for storage, for direct use, or ior disposition to other water users as Applicant deems advisable; Provided,.however, that any consumptire use credit shall not be used at a new Iocation or toi'prrposes inconsistent with ,those -pro-vided in this decree, exclpt after proper aPplication to the Water Court and entry o? a furthLr decree providing for such different or new use. 36. Each ot the water rights described in para- graph B above shall be and are trer6Uy changed to permit them to be stored in vaughn Reservoir and are hereby changed from irrigation to replacement for domestic, municiPal, indus- triaI, commercial, recreationaf, and irrigation uses in this plan for augmentaiion, subject to the conditions as set f orth herein. 37. .Ihe statements in the application are true. II.CONCLUSIONS OF LAW 38. The court has considered aII matters provided by law for the approval of a plan for augmentation, inclu- ;i";-;. R.;. - S sz--9i-3o5 . Ttre -court concludes as a matter of law that the plan for augmentation described above under ,,Findings of 'ract" is au[troiized by law, and that ApPIicant is entiLrea to a ruling approving said plan' I3 39. The Court concludes as a natter of law that soIong aa the above-described augmentation plan is operated instrict accordance with its termsr no owner of or personentitled to use water under vested water rights or decreedconditional water rights wirr be injuriousry affected by theexercise of Applicant's rights without curtailnent by Statewater officials. 40.Except as provided in paragraph 32 hereof, thewater rights described in paragraph 8 above shall not be deened abandoned as rong as said water rights are maintainedin accordance with the terns and conditions set forth inthis decree. .,UDGMENI' AIID DECREE IT IS ORDERED, ADiTUDGED, AND DECREED THAT': I. the foregoing Findings of Fact and Conclusionsof Law are incorporated into this decree. 2. the plan for augmentation and changes of waterrights as set forth above are hereby approved, sutject to compliance with and proper adninistration ol the terms andconditions set forth in this decree. 3.the State Engineer and Division Engineer for Water Division No. 5 shall administer the plan for augmen-tation and changes of water right in the nanner set forthherein and curtail aII out;of-priority diversions, thedepletions from which are not so replaced as to preventinjury to vested water rights by the operation of the plan approved hereby. 4.the Court specifically finds and decrees that8.93 cfs out of a total of 4O.0 cfs decreed to theEnterprise Ditch, Priority No. 111 in former Water DistrictNo. 45, appropriation date of iluly I, 1891, ddjudicationdate of April B, f893, in Civil Action No. 52O, DistrictCourt in and for Garfield County as transferred in Case No. BO-CW-275, Water Division No. 5, is hereby declared abandoned to the stream. 5. Pursuant to C.R.S. $37-92-304(6), approval ofthis plan for augmentation and changes of water right,including the depletion factors and assumptions containedherein, shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights ofothers for five (5) yeara atter development at the Garfieldcounty Airport Pranned unit Deveropment reaches 50t of buirdout. L4 6. apProPriate DATED, A copy of thieDivieion Engineer thie 13t u"" decree shall be and the State flled with the Engineer. , 1986.of APPROVED AS TO FORM: DENNIS M. MONI,GOMERY, *6424 L44L Eighteenth StreetSuite 1O0 Denver, Colorado 802O2 Telephone : 303-296-8100 Attorneys for Rifle Land .-Associates, Ltd. T{OSES, WITTE!{YER, HARRISON & wooDRUFF, P.C. Boulder, CO 80306 Telephone: 303-443-8782 Attorneys for Union Oil ofCalifornia and Grass Mesa, Ltd. Lcb&" ,5h"1 15 THE COURT: .U4 udge I S10n P.O. Box 1440 fiJJ,"i :l f,o',,:'jgffi?"- ",, " o ,.,rpv ol the lorogolng meiled to rll -:ounscl of record-Wltct Y-.t-^(/,lltr..\p J-,,,J*^^LbJr*lr Aelorco-rz-Oiv. & GEORGE, I20 West t'hird Street P.O. Box L)Oi Case No. 83-CW-136 RifIe, Colorado 81650 t elephone : 30 3-6 2 5-I887 Attorneys for Loesch & CrannDitch Company LEAVENVIORT'H, IPCHHEAD & MILVIID, P.C. Attorneys for City of Rifle P.O. Bo Meeker, CO 8164I I elephone : 3O3-8 78-,065 Attorney for Agnes Hunt DELANEY & BALCOMB, P.C. SCOTT BAITOI*{B, #I376 ROBERT I\,I. NOONE , *L2452P. O. Drawer 79O Glenwood Springs, CO 8f6O2 T'elephone : 303-945-6546 Attorneys for t'lobi1 OiI Conpany and Main EIk Cor;rorat ion ATTORNEY GEIIERAL STATE OF COLORADO L525 Sherman St. , 3rd Denver, CO 80203 isionFlr. lelephone : 303-866-3611 Attorneys for State Engineer and Division Engineer, Water Division No. 5 L6 H, 's, CO 81602 Telephone : 303-945-226L Natural Resources I I I I ATTACHMENT A FACILITY OESCRIPTION American Atlas No. I wi I I be a topping cycle cogeneration plant developed by cogeneration Technology and DeveloPment company near Rifle, Colorado. The prime movers will be three natural-gas-fired combustion turbine-generators and one condensing steam turbine-generator, which together will produce 80 MU net (59"F ambient temperature) of electricity' Using exhaust from the gas turbines, the waste heat boilers will generate both the high pressure steam for the condensing steam turbine and the hoE water for the year-round heat'ing of a 6-acre greenhouse complex f.or the production of roses and other cut f]owers. The project will be Iocated on a 3l-acre site adjacent to the municipal airport at Rif]e, Colorado. Access will be via Intersiate 7A and County Roads 3.l9 or 333. i.later for the project wi I1 be suppl ied from nearby alluyial wells. The majority of the wastewater will be treated and reused within the facilitY. POI.IER PRODUCTION CAPACITY OF FACiLITY The planned facility wi'll use three t7 Mtl Frame 5 General Electric gas turbine-generatorS, three waste heat boilers, and one 30 MW Westinghouse steam turbine-generator. Seasonal temperature variations wil'l cause the plant output to range from 87 Mt'l at 0"F to 7l Ht'l at 80"F' iheelectricalgeneratingequipmentisdesignedforpeakingloads, operati rrg ten hours a day, five days a week, throughout the year' The combustion turb'ines will be designed as dual fuel units for reliable peak load 1.1 I il $ I I I I x I availability, with natural gas as the primary fuel. The emergency fuel will be diesel oi I . Because of the peaking operation of the power equipment, maintenance will be scheduled during off-peak hours to keep the power system at high avai labi 1 ity. The greenhouse equipment loads wil I be carried by onsite diesel generators that will run on natural gas with pilot diesel oil. One generator will run continuously, and one will be used as emergency backup. The input natural gas fuel energy is nominally'll06 billfon Btu/year, there is a thermal energy output of 90 billion Btu, and total electrical power production is I25,800 M[.JH. L.? GREENHOUSE COMPLEX ANO WASTE HEAT SYSTEH Conunercial greenhouses inherently use large amounts of heat, making this an ideal application of the generating plant's therm;l energy. Greenhouses that use low temperature heat from power plants have been successfully erected -in New York, New Jersey, Hinnesota,. Pennsylvania, and IIlinois. Canada, England, Germany, ind Japan have made similar applfcations of waste heat. : The greenhouse complex wil l ha.ve an overal I floor area of 258,000_ sq. ft-, of which 233,000 sq. fti will be growfng area and the remainder warehouse, refrigeratfon, and office space. The annual heating requirements of the entire greenhouse complex, including warehouse and office areas, are met by a waste heat storage and transfer system. The greenhouse complex and yraste heat system will be staffed 24 hours a day all year round- This storage system wi I I have two heat transfer modes that wi l'l operate independently but can occur simultaneously. fhe first heat transfer mode vrill use water to transfer waste heat from the combustion turbine exhaust, to the insulated thermal storage tanks. The second mooe,ritt transfer heat from the hot water tanks to the greenhouse, warehouse, and office heat exchangers. Greenhouse cooling and refrigeration-room cooling will not use energy from the ?6 I therma]st,oragesystem.The.storagesystemsizewillbebasedontheheat]oad required to keep the inside greenhouse temperature at the Ievels required for optimal rose and cut flower production during a nomjna'l winter weekend (Frida'v eveningtoMondaymorning)whenthepowerplantisnorma]lynotrunning.Inthe eYentofanextendedwinteroutage,lossofaportionofthewasteheat productionduetogasturbineoutage,oraworst-temperaturecasewinter weekend,thegreenhousetemperaturewi]]beloweredtoextendthetherma] storagecapability.0nlyinemergencies'whensurvivalofthecropisir danger,wouldthetherma.lstorageSystememergencyboilerbeutilized. Theproposedagriculturaloperationisoptimallysizedbasedor economicr manageria'1, and transportation perspectives' Energy outlays for ros and cut-flower operations typical'ty account for 35X of production costs' ltlit thewasteheatandthethermalstoragecapabilityofthisgeneratingplant greenhouse energy costs would be nearly eliminated' giving the operation ' assured economic v'iability. sited one-half mile from Interstate 70 (halfwa betrveen ,enver and salt LakeLity) adjacent to the Garfield county Airport' ti operationwiljbethethirdlargestinthestate.ttwill.havemarketingacce. to San Francisco, Seatt.le, 0allas, St. Louis, !,linneapolis, Boston and oth. majormetropolitanareasinadditionto0enverandSaltLakeCity.Furthe thislabor-intensivedevelopmentwouldemployapproximately35fu].|tir employees(anadditionalfivepeop.lewi]lrunthepowerplant).Th labor-intensive element is significant when viewed against the boom and bu economyofl.JesternCo]orado,resultingfromcoal,uranium,andsha]e.c speculation. American Atlas No. I COmbines a capital intensive generating p'l; withtheappropriatetechnologytoprovidea]aborintensiveagricultura] development in support of a rural economy' _* 27 i I Hrr-l & RoenINs ATTORNEYS AT I,AW IOO BI,AKE STREET BUILDINO I44I EIGHTEENTH STREET DENVER, COLORADO AOzOE GARFIELD C(). PI.ANNER DAVID w'. ROBBINS ROBERT F. HILL TELEPHONE aoa 296-atoo DENNIS M. MONTOOMERY KAREN A. TOMts BOBBEE qI. MUSGFIAVE RONALD L. WILCOX TELECOPIER ooo-296-2044 Llr. Mark DirectorGarfieldI09 StIt Glenwood June 7, 1985 Bean County Planning Department Street, 3rd Floor Springs, CO 8160I Re: Rifle Land A.ssociates, Ltd.:Garfield County Airport pUD Dear Mark: Attached hereto please find a copy of the final surveyplat of ttre parcel of land which Rif1e Land Associatesproposes to sell to Co-Generation Technology and DevelopmentCompany. You will note that the actual acreage incorporatedwithin the sale amounts to 4I.33 acres, while the PUD platreflects an acreage of approximately 46 acres. The dis- crepancy is accounted for by the fact that the Dry Creekdrainage way on the west side of the property is included inttre arlI/OS zone for purposes of the PUD p1at, but not withinthe property being sold to CTDC. As is indicated on the PUDplat, that property will retnain as open space. Rifle Land and CTDC have executed an option agreement dated .Tune 7, 1985r gEanting CTDC the right to purchase theproperty that is the subject of the application before you. lftrat option agreement has been recorded with the Clerk and Recorder for Garfield County and is a matter of publicrecord. I would be willing to provide you with a copy ofthat agreement if it would be helpful, but I have assumedthat you don't particularly care about their business arrangements. Etrank you, again, for your cooperation. DSf,R: ncr Enclosureccs Bob Chancellor fS, JUN 12 I9B5 Hn-r- & RonsrNs ATTOFINEYS AT I-AT^' IOO BI-AHE STREET BUILDINO I44I EIOHTEENTH STREET DENVER, COLORADO AO2O2 DAVID 1r,, ROBBINS ROBERT F. HILL TELEPHONE ao3 296-8lOO TELECOPIER ooa-e96-2s68 7 1985 DENNIS M. MONTOOMERY RAREN A. TOMB BOBBEE .J. MUSOFTAVE RONALD L. WILCOX GARFii:i.ii r, June 6, 1985 Mr. Mark Bean DirectorGarfield County Planning Department 109 8th Street, 3rd Floor Glenwood Springs, CO 8160I Re: Modification to the Garfield County Airport PUD Dear Mark: On May 8, 1985, I wrote to you and included a seriesof documents requesting some modifications to the Garfield County Airport PUD. On page 2 of that letter in the firstfuII paragraph, I indicated that the parcel for which we are seeking to change the proposed land use incorporates approximately 36 acres. Because of very recent changes the sLze of the greenhouse structures to be constructedthe parcel, the developer of the proposed complex has requested that the change in land use incorporate additionalacres. As a result, I would request that you consider that sentence in my lv1ay 8 letter to include the terms "up to 48acres" of land, rather than the 36 stated. I understand from our teleptrone conversation and my review of the public notice and other documents, as well as the County regulations, that a change of this nature shouldnot affect the timing for consideration of this matter by the Planning Commission or by the County Commissioners. I do not believe that any of my previous statements, whether verbal or contained in correspondence, to you or other County officials are inconsistent with this change. in on llt I'i t .) Mr. Mark Bean June 6, 1985 -2- Attached hereto please find a letter directed to County Commissioners requesting that similar changes be made in my May 8th letter of request to them. Finally, because of this change, I have again had the revised PUD map redrawn to include the additional acreage which would be available for the A/I/OS zone, and that map is attached. I hope these changes continue to be of no problem to the Countyr and remain-'----=-. David fffR: ncr Enclosure cc: Robert. ChancellorKit Jackson Htr.l & Ronnlns ATTORNEYS AT T.AW IOO BI-AKE STREET BUTLDINO I44I EIOHTEENTH STREET DENVER, COLORADO AOEO2 DAVID W. ROBBINS ROBEF'T F. HILL TELEPHONE 30s e96-8roo DENNIS M. MONTGOMERY KAFIEN A. 'TOMB BOBBEE..,. MUSORAVE RONALD L. WILCOX TELECOPIER ooo-296-eo8a Garfield CountyGarfield Countyc/o Mark Bean,of PlanningGarfield County 109 8th Street, June 6, 1985 Commi ss ioners ColoradoDirector Planning Department 3rd Floor Glenwood Springs, CO 81601 Re: Request for Modification ofGarfield County AirportIndustrial Park PUD Dear Commissioners: In ny letter to you of May 8, 1985, I indicated thatthe requested ctrange in land use within the Garfield CountyAirport PUD would encompass approximately 36 acres. That statement is contained on page 5 under the heading "PUDPIan" and again on page 6 under the heading "41&trr!_Ef" i. paragraph 3.b. Because of very recent changesEE size ofthe greenhouse structures to be constructed on the parcel which is the subject of this application, the developer(CmC) has requested that our change in land use incorporate 46 acres, rather than the original 36, so that it maypurchase additional lands and apply them to the greenhouse uses. Rifle Land Associates and Mr. Bob Ctrancellor are seeking to accommodate CTDC's request and to insure that the change in the PLID accurately reflects the changes in theland use forms within the PUD. As a resultr w€ would request that this letter be considered a modification of those two lines in my letter of May 8, 1985, so that therequests submit,ted to the Board at the public hearing Garfield Countyc/o Mark Bean, June 6, 1985 -2- CommissionersDirector of Planning concern a change involving 46 acres, rather than 36 acres asoriginally proposed. The appropriate modifications to the PUD map are being made and submitted to Mr. Bean. After discussing the matter with Mr. Bean andreviewing ttre public notice of this proposed action, Ibelieve that a change of this sort is not in conflict withthe public notice or your regulations and resolutions and,further, should not create an additional burden for yourstaff. Thank you for your consideration. DWR: ncr Enclosure cc:Robert ChancellorKit Jackson Jim Larson