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HomeMy WebLinkAbout3.0 BOCC Addendum 10.31.1996• • ADDENDUM TO: Board of County Commissioners FROM: Planning Department DATE: October 31, 1996 SUBJECT: Rader/Exxon Subdivision Exemption The Rader/Exxon petition for exemption was continued to allow the applicant time to examine the costs and feasibility of annexation to the Town of Parachute. Based on representations made by the applicant at the initial public meeting, annexation would be far too costly to be considered at this time, generally due to the costs that would be expended for infrastructure upgrades to the central water and sewer systems. The applicant has provided staff with a copy of a 1990 feasibility study that concludes the total cost of completion of the Parachute Park PUD, through which this exemption could be provided services, was estimated at $1.25 million (1990 dollars). Apparently, the subtotal for completion of the water supply system was estimated at $27,522 (1990), and the sewer system completion estimated to be $3587 (1990). Thus the bulk of the $1.25 million price tag was for completion of the street system. Staff notes that these figures appear to be based on completion alone, the figures do not seem to contemplate the costs of repairing damaged or broken components of the systems already installed. The report concludes that, for the water system, approximately 20% of the lines within the development would have to be replaced. In regard to the extension of Parachute Park Boulevard, the feasibility study directs the Town of Parachute to secure the right-of-way, through the Exxon/Colony property to County Road 215, before Exxon sells the parcel. It appears this suggestion is the nexus for the various attempts to designate the right-of-way across what would be the proposed Rader parcel and the residual Exxon parcel. Previously, in this application, the Town requested the right-of-way across the Rader parcel be deeded to the Town, which apparently caused some concern by the Board that the Town should annex the property and any subdivision action be approved by the Town. Mr. Rader has since provided a letter from the Town that indicates the Town's willingness to rescind the deeded right-of- way condition with the agreement that Parachute Park Blvd. be shown as a dedicated roadway easement on the [exemption] plat. See letter, page • 5 • . Obviously, the Town is still seeking the extension of Parachute Park Blvd. across both proposed parcels. Staff Analysis: As an exemption, this petition has raised more questions than there appear to be answers for. Although the applicant has suggested the use of cisterns and the Town's water as the water supply, no contracts are likely to be issued by the Town to "guarantee" the supply. Given the physical condition of the Parachute Park PUD and the land uses around the Town, it would appear that completion of the PUD, or a similar development, would not occur in the short-term. Thus, annexation and provision of Town services are not imminent. • • Perhaps it is more appropriate to require wells on the smaller parcels instead of the proposed cisterns as they would likely be a more viable, long-term supply. The Parachute Park Blvd. situation must receive further comment. Since Parachute Park PUD has never been completed and the roads throughout the development have not been constructed, staff cannot attest to an access to a public road for the smaller parcels. Apparently, Mr. Rader is the majority owner of the Parachute Park PUD and could likely grant (at a minimum) an easement across the PUD property to the smaller lots. If this is indeed what will occur, then it must be a condition of any approval. However, this would be an easement only and no physical road exists and may not exist unless and until Parachute Park Blvd. is completed. Although this is not contrary to regulations, it does present another uncertainty. Staff has discussed the petition with David Rousseau, Parachute Town Administrator, who indicated the Town has no objection to the exemption. Based on this information, it would appear that the Parachute Park PUD is a long way from completion and the likelihood the Town of Parachute would annex the subject tract, in the foreseeable future, is dubious. Given these assumptions, the two most significant questions that must be determined are: 1 ] Is the proposed (cistern) water supply legally and physically adequate? 2] Does/will adequate access exist? a] In furtherance of the cistern question, the Town of Parachute has provided a letter indicating as long as it has surplus water, it would provide bulk water to outside purchasers. However, the Town will not issue a contract for this water. To "guarantee" a supply of water, a physical supply is no good without a place to store the water, i.e. a cistern, which should be required to be installed prior to the authorization of an exemption plat. b] The access issue could be decided by developing easements. Staff notes that, ordinarily, the construction of an access road or drive is not required for approval. Recommendation: If the Board determines the water supply, as proposed, is sufficient to meet the intent of the Regulations, then staff suggests approval of the application, pursuant to the following conditions: 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, 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. The Board may grant extensions of up to one (1) year from the original date of approval. • • 4. That the applicant shall submit $200.00 in School Impact Fees, per lot ($400.00 total), for the creation of the exemption parcels, prior to authorization of an exemption plat. 5. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant, if the lot has not previously been annexed to the Town of Parachute." "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific individual sewage disposal system needs on the site." "The individual lot owners shall be responsible for the control of noxious weeds." "The approval of this exemption creating the smaller lots was not based on the issuance or review of water well permits from the State Engineer's Office. The water supply for the smaller lots shall be from individual cisterns and/or the Town of Parachute municipal water supply." 6. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended and any construction shall comply with the 1994 Uniform Building Code, as adopted by Garfield County. The applicant shall adhere to all recommendations of the letter submitted by the Grand Valley Fire Protection District, dated September 10, 1996. 10. The applicant/developer shall install individual cisterns, at least 1000 gallon capacity, and any necessary infrastructure, for each of the smaller lots (lots south of Parachute Creek), prior to final approval. -3• • • 11. That the following provisions be included in the protective covenants governing the exemption parcels: One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 12. That access easements across the Parachute Park PUD property to the smaller parcels be developed and recorded, prior to authorization of an exemption plat. • • 10/30/1996 10:53 FROM TOWN OF PARACHUTE Town of Par Jwto Ad- 22,2 Grand alle 'a;. Tell p ..once: (970) 28S-7630 Facsimile: (970) 285-9146 October 26, 1996 TO 1068519709451320 F.01 '01 P.O. Box 100 Mr. Hayden Rader P.0 Box 366 Glenwood Springs, CO 81602 RE: Parachute Park Blvd. Easement Dear Hayden: Parachute, CO 81635-0100 Town Administrator David G. Rousseau This letter will confirm our phone conversion on Friday, October 25, in regard to your subdivision exemption before the Garfield County Commissioners_y i have been unable to contact all of the Board members to get their input on this matter. However, I have spoken to a majority of them to get their response to your request. It is the consensus of the Board not to require you to deed the right-of-way to the Town at this time. They are willing to release you from this obligation, if you assure them that Parachute Park Blvd. will be shown as a dedicated roadway easement on the final plat. By this action, the Board does not intend to release Enron or you from obligation to provide an easement across the 17 -acres or the remaining 63 -acre parcel. Should you have any questions, please do not hesitate to contact me at (970) 285-7630. ere David Rousseau Town Administrator cc: Parachute Board of Trustees Mr. Steve Carter, Town attorney 5 40 OCT -31-1996 22:14 FROM -II_JUER & GEORGE F.C. TO STUVIZR ATT N EY S &rLAW an ';4T P. St•'.›; NCV7 COLORADO 8SO Mr. D' -‘n Dali'cr,71 i;:171:1t_ 2..1i',1. CO • 9457785 P.01 • (?.;:: !,•• • FAN '•:"C;"•:,', • S -44 4 '11' Th±Z Ir.;:ter is t-.;3 foLi:";w ,:o=sr2at.1,..on today wni.-h 7 inferT you •.rnat ';;Li alez-nav-%-7 r hoi ipfoviding plfoof c lagal ancl zuTrplLe;3 f7.3f -ktlata. We will mflrf-, zes: to prool. a ocntual-.., ot i,a2inc; thiz nf 4, 19;C5,Lfltii 14317: DPca7.nft,ar 1 un---oanf hav to Ite NOVZ:Gf 4. rouiLy mv Eiaiv in t-,,Ez Buildinz7 and P:_annLng youcH /. / ! 1477-7.SRTJ, TOTI:IL F.01