HomeMy WebLinkAbout4.0 BOCC Staff Report 01.18.2010Exhibits — Major (4 Lot) Exemption and Public/County Road Split - BOCC (0111812010)
Garfield County Unified Land Use Resolution of 2008, as amended
B
Garfield County Comprehensive Pian of 2000, as amended
C
Staff Memorandum
Exemption Plat Map (24" x 36'
BOCC January 18, 2010 MOL
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT / OWNER
REPRESENTATIVE
LOCATION
PROPERTY SIZE
WATER
SEWER
ACCESS
EXISTING ZONING
Seeking a factual finding from the BOCC that
the County road right-of-way prevents joint
use of the affected and proposed Exemption
Lots.
Lacy Orr and Gil Smith
John Tauter and Associates, Inc.
6640 County Road 312
78.443 acres
Individual Wells
Individual Septic Disposal Systems
County Road 312
Rural
1. Project Background
The. 78.4 acre parcel is split by County Road 312 (CR 312) with the majority (58.4
acres) of the property situated north of CR 312. Historically, the larger parcel has
been used for agricultural purposes (irrigated alfalfa and grasses) whereas the
smaller parcel consists of native vegetation (gambel oak, pinon, and juniper). The
alignment of CR 312 creates steep cut/fill slopes along the subject property
resulting in a situation whereby access to the smaller parcel from CR 312 is
questionable.
In 2007, the Applicant submitted a Major (4 lot) Exemption and Public/County Road
Split application for the same parcel but withdrew it due to an outstanding issue
regarding the location of one of the existing wells on BLM land. At that time, County
staff was recommending approval to the BOCC.
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Orr/Smith Exemption
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5,200 Feet
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11. Planning Staff Analysis
Presently, this application is under review for a Major (4 lot) Exemption and Public/County
Road Split which is an Administrative Review process. However, there are sections of the
Unified Land Use Resolution 2008 that state that the Board needs to find that the road
right-of-way prevents joint use of the proposed Exemption Lots and that the extra
Exemption Lot is split due to the prevention of joint use. These sections of the code are as
follows:
Section 5-202 (C) (1) Public/County Road Split,
Part of a Minor or Major Exemption, as described above, in which an extra Exemption Lot
is split due to the Board's finding of "prevention of joint use".
Section 5-403 Road Split Exemption Review Process and Criteria.
A road split, as defined in Section 5-202(C) shall be subject to the Minor and Major
Exemption Review Process outlined in Section 5-402. Approval of a Road Split shall
require a factual finding by the Board that the right-of-way prevents joint use of affected,
proposed Exemption Lots, as well as findings of compliance with the general exemption
criteria contained in Section 5-406.
With consideration of the above mentioned facts, County Legal and Planning Staff
recommend that this application not be deemed technical complete until the Board has
factual findings of prevention of joint use of these proposed Exemption Lots.
Proposed Lot 5
Proposed Lots 1-4
County Road 312 - Looking West
3
Orr-Snti b Subdivision Exemption Plat
A troet of land being portion of the
51/2SE1/4 of Section 30
Township 6' South, Range 90 West of the 6th P.M.
County of Garfield, State of Colorado
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III. Recommendation of Findings
The application meets the requirements of Public/County Road Split (Sections 5-202 and 5-403)
the Garfield County Unified Land Use Resolution of 2008, as amended.
IV. Staff Recommendation
Staff recommends the Board to find that the road right-of-way prevents joint use of the proposed
Exemption Lots.
4