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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.09.1995REQUEST: • BOCC 10/9/95 PROJECT INFORMATION AND STAFF COMMENTS Revocation of Subdivision Exemption approval given by Resolution No. 95-055 APPLICANT: EXXON Company USA LOCATION: Located in a portion of Section 12, T7S, R96W of the 6th PM; more generally located adjacent to the western boundary of Parachute. SITE DATA: 81.46 acres WATER: Well SEWER: I.S.D.S. ACCESS: Future extension of Parachute Park Boulevard EXISTING ZONING: R/L (Resource/Lands I. DESCRIPTION OF THE PROPOSAL A. Request: The applicant allowed Hayden Rader to act in their behalf, to split an 81.46 acre tract into two (2) parcels of 64.18 and 17.28 acres each. This was approved by the signing of Resolution No. 95-055 and an exemption plat, both of which were recorded by the Clerk and Recorder. Subsequent to these approval documents being approved, EXXON has objected to the placement of an easement across the 64.18 acre tract that they intended to retain. Hayden Radar was given permission to pursue an exemption application by EXXON. (See letter pg. ) At the time of the staff presentation before the Board, it was recommended that the extension of Parachute Park Boulevard by shown on the plat and dedicated to the public. (See Staff Comments pgs. - -7) Also, the Town of Parachute reviewed the issue further, after the meeting, and requested that the ROW be shown and dedicated on the plat. (See letter pg. 4 ) This request is unusual and subject to some interpretation. The original applicant would still like to purchase the smaller parcel from EXXON. But, EXXON is not willing to accept an easement across the property that they want to retain. (see letter pg./ 0) The Board could consider approval of the proposed exemption without the easement, but that would contradict the requests of the Town of Parachute. Additionally, the Town may not be willing to provide water 1 • and sewer to the property, resulting in the applicant having to obtain a well permit from the Division of Water Resources prior to the signing of another amended plat. V. RECOMMENDATION That if the Board is willing to approve an amended plat, it should be subject to the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. A final exemption plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access and utilities. 4. A driveway permit or similar approval from the Town of Parachute shall be obtained prior to signing of a final plat. 5. Control of noxious weeds is the responsibility of the property owner. 6. A well permit from the State Engineer's Office shall be received by the Planning Department prior to the signing of a final Exemption Plat, if the Town of Parachute is unwilling to serve the property with water and sewer. 7. The following plat note shall appear on the final exemption plat: "Soil conditions on the site MAY require an engineered ISDS. Site -percolation tests at the time of building permit shall determine specific ISDS needs on the site." • EVN COMPANY, U.S.A. POST OFFICE BOX 2567 • HOUSTON, TEXAS 77252-2567 LAND MANAGEMENT DEPARTMENT FEE LAND Mr. Mark Bean County Planner, Garfield County 109 8th Street Glenwood Springs, Colorado 81601 Deur Mr. Bcan: July 25, 1995 Colony Project Lands Sales Tract No. 2 - 17.28 Acres Garfield County, Colorado ;; r' r-";. am writing in regards to the subdivision plat recently submitted by Mr. Hayden Rader affecting lands currently owned by Exxon and located in Secs. 1 & 12, T7S, R96W, Garfield County, Colorado. Several months ago, we entered into a contract of sale with Mr. Rader to sell him 17.28 acres out of an approximate 81 acre tract of land. Our intent was to sell Mr. Rader that portion of the property located south of Parachute Creek. As part of our trade, Mr. Rader was responsible for obtaining County/City approval for the subdivision of the larger tract. At no time, did we agree for him to take any action which might affect our remaining property. When we recently obtained a copy of the subdivision plat, we noted that an 80' wide access & utility easement was shown extending from the land to be sold northward across Exxon's property to County Road 215. This easement was never dedicated or conveyed by Exxon and we do not wish to encumber the property with such an easement. Therefore, we ask that you take necessary action to remove the easement from the plat submitted by Mr. Rader. Should you have any questions, please call me at (713) 423-4068. Sincerely, Stephen L. Honea SLH c - Mr. B. D. Patterson Ms. Mogli Fairbanks Vicki Lee Green Realtors A DIVISION OF EXXON CORPORATION TOWN OF PARACHUTE ADMINISTRATION 222 Grand Valley Way Telephone: (970) 285-7630 Facsimile: (970) 285-9146 June 28, 1995 Mr. Hayden Rader P.O. Box 366 Glenwood Springs, CO 81602 JUN 3 0 1995 GOON -TY Parachute, CO 81635-0100 Town Administrator David G. Rousseau P.O. Box 100 RE: Garfield County Subdivision Exemption Approval for "Parachute Park Boulevard" Dear Mr. Rader: I have had the opportunity to meet and discuss with the Parachute Board of Trustees, Grand Valley Fire Department's Fire Chief Gary Mahaffey and Garfield County Road & Bridge Senior Foreman Marvin Stephens about the proposed right-of-way of Parachute Park Boulevard. The Board of Trustees has not changed its position about the proposed right-of-way of Parachute Park Boulevard to be shown as an easement, and dedicated to the public with appropriate dedication language on the Final Exemption Plat. Fire Chief Gary Mahaffey has also expressed his desire to preserve the right-of-way of Parachute Park Boulevard to County Road 215. He wants to be assured that there will be adequate access for emergency vehicles through Parachute Park P.U.D. and your ±80 acres (former site of the Colony Staging area), in the event of future development. County Road Foreman Marvin Stephens did not see any problems with the proposed intersection of Parachute Park Boulevard and County Road 215. It appears to intersect at a straight portion of County Road 215, with no tall vegetation growth within the immediate area or curves that would hinder vehicular traffic entering and exiting. Mr. Stephens expressed that before the final exemption plat is signed, he would like a chance to review it for the proposed intersection drainage easement. He may be reached at 625-2751, Garfield County's Road & Bridge Shop in Rifle. Should you need any additional information, please do not hesitate to contact me. Sin. rely, David Rousseau cc: File Copy • ., REQUEST: • BOCC 4-17-95 PROJECT INFORMATION AND STAFF COMMENTS An exemption from the definition of subdivision. APPLICANT: Hayden Rader LOCATION: A tract of land located in a portion of Section 12, T7S R96W of the 6th PM; located adjacent to the Northwestern edge of the Town of Parachute, south of Parachute Creek. SITE DATA: Parent Parcel = 80+ acres WATER: Well SEWER: ISDS ACCESS: Future extension of Parachute Park Boulevard EXISTING/ADJACENT ZONING: R/L (Resource/Lands) I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District A - Parachute Urban Area of Influence as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located at the adjacent to the western town limits of the Town of Parachute, south of Parachute Creek. The property is the former site of the Colony Staging Area, which was paved for the use of a parking lot prior to the Exxon pullout. The Parachute Park PUD is located directly south of the proposed exemption parcel, with lots sizes ranging from 1.0 to 2.5 acres in size. The PUD was approved in 1985, and included a mix of residential, light industrial and commercial uses. The project has never developed, and all lots within the PUD are currently vacant. Land uses to the east include Bookcliff PUD, and the Gala Commercial PUD. A vicinity map and the location 1 of the proposed 17.91 acre lot is shown on the attached mapping. B. Project Description: The applicant is proposing to split the 80+ acre parcel into two (2) parcels of approximately 17.91 and 63+ acres in size. Only the 17.91 acre parcel is subject to subdivision review through the exemption process. A sketch plan of the proposed exemption is attached to the staff report. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No more than a total o}Hour (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County clerk and Recorder's Office on January I, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road.or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; A deed submitted with the application describes the parent parcel on May 15th, 1966, (Book 384, Page 286). Therefore, up to four (4) parcels can be created through the exemption process. Zoning. The exemption parcel far surpasses the required two (2) acres minimum lot size for the R/L (Resource/Lands). C. Legal Access. The proposed exemption parcel is located at the proposed terminus of Parachute Park Boulevard. It appears that the applicant will access the site from this point when the roadway is developed. Parachute Park Boulevard south of the proposed exemption was dedicated to the public at the time the PUD was approved. The sketch map submitted with the application indicates that Parachute Park Boulevard will eventually extend to County Road 215 north of the exemption parcel. Staff would suggest that the portion of Parachute Park Boulevard that extends through the exemption parcel be shown on the exemption parcel and be dedicated to the public. D. Water and Sewer. The applicant had requested water and sewer from the Town of Parachute, which would have required annexation (see D vid Rousseau's December 19, 1994 letter on page ). The applicant has chosen to pursue approval through Garfield County, and has applied for a well permit for a single-family dwelling unit, with not outside irrigation. (12 • Staff referred the application to the State Engineer's Office. No response has been received to date. Staff would suggest that a favorable response from the State be a condition of approval. Sewer will be provided by ISDS. Soils on the site are predominantly Arvada Loam (#3), which is consider to have severe constraints for ISDS, due to slow percolation rates. Staff would suggest the following plat note: "Soil conditions on the site may require an engineered ISDS. Site-specific percolation tests at the time of building permit submittal shall determine if conventional ISDS are feasible on the site." E. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards, which should be verified by an engineer. F. Drainage. A drainage easement may be necessary for Parachute Creek, and should be verified on the field by the applicant's surveyor. Available FEMA mapping does not extend to this portion of the Parachute Creek Drainage. G. Fire Protection. No approval has been received by the appropriate Fire District. Staff would suggest that this be a condition of approval. H. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown on the exemption plat. Again, staff would suggest that the future extension of Parachute Park Boulevard by shown on the exemption plat and dedicated to the public. I. School Impact Fees The applicant will be required to pay the $200.00 impact fee prior to the approval of the final plat. J. Natural Hazards. No Lincoln-Devore Hazard Mapping was conducted for the Parachute Quadrangle. IV. SUGGESTED FINDINGS I. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of • the citizens of Garfield County. V. RECOMMENDATION Staff would suggest that any further development of the property should occur with the Town of Parachute, due to the 1/6 contiguity with the current boundaries of Parachute, and the likely link of the proposed Parachute Park Boulevard to County Road 215. Staff recommends APPROVAL of the application, subject to the following conditions: ( 2 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of tb proposed Iota, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. That the following plat note shall appear on the Final Exemption Plat: "Soil conditions on the site may require an engineered ISDS. Site-specific percolation tests at the time of building permit submittal shall determine if conventional ISDS are feasible on the site." 6. A favorable response from the State Engineer's Office and the local fire district must be received prior to the signing of an exemption plat. 7. Control of noxious weeds is the responsibility of the property owner. S) The proposed right-of-way of Parachute Park Boulevard that traverses the property should be shown on the exemption plat and dedicated to the public with appropriate dedi\ation language. 12/19/1994 15:54 FROM TOWN OF PARACHUTE TOWN OF PARACHUTE ADMINISTRATION TO 17009451320 P.01/01 222 Grand Valley Way P.O. Box 100 Parachute, CO 81635-0100 Telephone: (303) 285-7630 Facsimile; (808) 285-9146 December 19, 1994 Attn: Mr. Hayden Rader: Town Administrator David G. Rousseau At the Parachute Board of Trustee's last meeting on December 15, I introduced your question to the Board about future water service to property outside of the town limits. It was the Board's consensus, if the ±80 acres of property you are considering to purchase were annexed into town, the Town of Parachute would be able to provide you water and other services. Please note, the Town is not making any commitment for annexation at this time. Only after a plan and application has been submitted, reviewed and approved by the Parachute Planning & Zoning Commission, the Board of Trustees and other Town referral agencies would the annexation process be complete. Should you need any additional information, please feel free to contact me. David Rous t Town Administrator • • February 9, 1995 To Garfield County Planning Dept. Let it be known that Exxon Corporation has granted permission to Hayden Rader to pursue a Petition for Exemption on the following described property that is currently owned by Exxon Corporation, a New Jersey Corporation. PARCEL LEGAL DESCRIPTION • Township 7 South, Range 96 West, 6th. P.M. Section 12, part of the SE1/4 NW1/4 lying South of Parachute Creek. Containing 15.5 acres more or less. Seller: Exxon Corporation by: Allen T Johnson CA TER SANDS, P., ` 4 201 West Third St., Suite 201 P.O. Box 192 Telephone: 970-625-1075 Facsimile: 970-625-3989 Internet: 70260.211@compuserve.com • O ; i 1 ;199'5 t a r Rifle, Color . • • :1650-0192 L.A. 3Ns 1 Attorneys At Law Stephen L. Carter Edward P. Sands October 10, 1995 Mark Bean Garfield County Planning Department 109 8th Street, STE 303 Glenwood Springs, CO 81601 SUBJECT: Haden Rader/Exxon Dear Mark, Thank you very much for suggesting to the Commissioners to add the clause to their Motion rescinding the subdivision exemption about the recognition that the right of way which had been shown on the plat was of substantial importance to the Town's transportation plans. One of the reasons that the Town has not pressured Exxon to dedicate a specific right of way is that previous Exxon representa- tives have indicated that although they did recognize the obliga- tion to provide an 80 foot right of way, they hoped that they could leave the precise alignment of the road up to the prospective purchaser. We had agreed that this deferral was reasonable, but given the posture evidenced by Exxon's representatives at the meeting, I now seriously wonder whether we should take the matter up with their higher-level executives so as to finally resolve the issue. In order to develop a contact person for that purpose, I would appreciate it if you could send me a copy of the letter from Exxon in Texas in which they request the Commissioners to rescind the exemption approval. Yours truly, CARTER & SANDS, P.C. St-phen L. Carter SLC:me • CARTER SANDS, PSC 201 West Third St., Suite 201 P.O. Box 192 Telephone: 970-625-1075 Facsimile: 970-625-3989 Internet: 70260.211@compuserve.com October 10, 1995 Mr. Steve Hovea Exxon Land Management Department P.O. Box 2567 Houston, TX 77252-2567 \-775; _OCT :I 01995 Rile -Color-ad.o X1650-0192 ;..A.y„);-;; ;; Y Attorneys At Law Stephen L. Carter Edward P. Sands SUBJECT: Colony Project land near Parachute, Colorado Dear Mr. Hovea, Thank you for your phone call regarding this matter. As I explained to you, the right of way for Parachute Park Boulevard is crucial to the development of the Parachute area. The exact right of way was selected by Exxon Company, U.S.A. and is shown in several places in the "Parachute Area Transportation Study," prepared by Exxon and dated April 7, 1982. In addition, the completion of this roadway was the subject of an agreement signed on January 27, 1982 between Exxon and the then owners of the Parachute Park PUD. The transportation study is lengthly, and we can provide you with a copy if for some reason you cannot locate it. However, I also enclose a copy of the January 27, 1982 contract in the hopes that the reference information on it might help you to find the file on this matter. In reliance upon that contract, the owners of the Parachute Park PUD obtained approval for their subdivsion, and constructed at least part of the roadway as shown therein. Lots were sold. The Town's water and sewer system were constructed with the intention and requirement that they be "looped" through this right of way. Less than a month after the transportation study was com- pleted, Exxon shut down the Colony project, and the road was never built, and the right of way never dedicated to Garfield County as contemplated in the study and the Rutgers agreement. Over the years, we had been in touch with Exxon, and were assured that the right of way dedication would be recognized and honored, but we had agreed that the precise alignment of the right of way need not necessarily follow the transportation study. Frankly, the Rader application for the subdivison exemption provided the Town with a useful vehicle to memorialize the prior agreements, and we had every reason to believe that Nr. Rader was acting as your agent when he agreed to include the roadway on the subdivision exemption plat. Certainly, the letter which you gave him did not limit his authority to agree to granting an easement through the parcel being subdivided. • • Carter & Sands, P.C. Rifle, Colorado Only when Ms. Mogli Fairbanks appeared before the Commission- ers yesterday did we have a clue that Exxon might not honor the conditions of its own transportation study. In view of the Commissioner's action, the property cannot now be subdivided unless you would be willing to include the roadway on the map. The Town does not wish to prevent Exxon from selling its parcel, and perhaps one resolution of this problem would be an agreement in which Exxon recognizes: ...the obligation to provide an 80' easement at no charge, to or for the benefit of Garfield County and/or the Town of Parachute, for the completion of Parachute Park Boulevard from its terminus in the Parachute Park PUD through the former Colony staging area to County Road 215. The general location of this easement is shown in a subdivision exemption map recorded July , 1995 as Document , Garfield County records. The recognition of this obligation of provide a written easement does not necessarily imply an obligation to build the roadway or any other improvements. It is my view that both the Town and the County are in a position to demand the execution of an easement agreement from Exxon, because this entire roadway was constructed at Exxon's behest, at the location which Exxon specified; and a not insubstan- tial amount of money wwas spent in reliance upon the promises made in 1982 that the roadway would be dedicated. However, we still do not wish to do this if there is any reasonable alternative. I look forward to hearing from you with a response to this letter within the next thirty days. SLC:me Yours truly, CARTER & SANDS, P.C. ,,p6ia Stephen L. Carter xc: Dave Rousseau Mark Bean, Garfield County Planner