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Home My WebLink About3.0 Withdrawal Letter & Documentation• • March 9, 2010 Attention: John Taufer John L. Taufer & Associates, Inc. P.O. Box 2271 Glenwood Springs, CO 81602 Garfield County i BUILDING & PLANNING DEPARTMENT RE: MEAE-12-09-6232 — Major (4 lot) Exemption/Road Split Dear John: I am writing this letter regarding the Orr -Smith application for Major (4 lot) Exemption/Road Split. At this time the application does not include all required information per Garfield County Regulations. The application is therefore deemed incomplete and withdrawn. As per Article 4, Section 4-103 (C) (1) of the Unified Land Use Resolution of 2008, as amended (ULUR), "If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn and returned to the applicant." Should the applicant desire to submit (re -submit) an application they are able to do so pursuant with the regulations contained within the ULUR. However, there is no guarantee that the same planner will be assigned to the new application. Please note that a new application fee will be required with this submittal. Your application will be at the front desk of the County Building and Planning Department, 108 8th Street, Suite, Glenwood Springs, CO for 30 days. Sincerely, /1 Molly Orkd-Larson, AICP, RLA Senior Planner 970-625-5903 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • December 23, 2009 Lacy Orr and Gil Smith P.O. Box 787 Darby, MT 59829 John L. Taufer & Associates, Inc. c/o John Taufer P.O. Box 2271 Glenwood Springs, CO 81602 BUILDING & PLANNING DEPARTMENT RE: MEAE-12-09-6232 — Major (4 lot) Exemption Dear Ms Orr, Mr. Smith, and Mr. Tauter: This office is in receipt of an Application (received December 9, 2009) for a Major (4 lot) Exemption in the Rural Zone District. The Administrative Permit requested is for a property owned by Lacy Orr and Gil Smith. The subject parcel is described by tax ID 2123-304-00-008. The application this office received has been deemed technically incomplete. The following Application Submittal Requirements were not provided in the application. 1. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners with parcel numbers adjacent to your property (which should be delineated). The list of the property owners within 200 feet of the subject parcel shall also be accompanied by its' parcel number. Also, this list shall identify the name(s) of all mineral interest owners of the subject property. 2. As per Section 7-104 (B) of the Unified Land Use Resolution 2008, a 24 hour pump test is required for all wells. Please provide this information on wells 1 and 3. 3. Label all wells along with their associated permit numbers on the Exemption Plat. 4. Provkle proof of adequate water supply that is to be used for each lot. This is to be accomplished by submitting the following: 1) a letter from the State Engineer stating that the well permits for each lot will be valid upon subdivision; and, 2) a new report from a water engineer summarizing the legal and physical water supply for this proposed Exemption Plat. 5. Provide Exhibits A for all well permits. 6. Provide a new water quality report for well 2. 1 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 7. Please provide a letter or email from Garfield County Road and Bridge Department stating that the Applicant can place a water line across CR 312 to Lot 5. 8. Please indicate all BLM easements on the plat and provide a signed copy of the easement agreement with the BLM. 9. The plat shows lots described to the boundary of an "apparent" Garfield County road right-of-way. The Tots will need to be described to the center of the road right-of-way and a 60 foot road right-of-way for County Road 312 depicted. This right-of-way for the road area will also need to be deeded to the County. Please make these revisions to the plat and provide the applicable deed. 10. Provide a copy of a current certificate from a title insurance company or an attorney licensed to practice law in the State of Colorado attesting to the accuracy and validity of the title to the property being platted and stating that the applicant is the land owner or is duly authorized by the land owner(s). The certificate shall be submitted within seven days of the application submittal date. Additional Notes: • As per Section 5-202 (C) (1), a road split exemption requires a specific factual finding by the BOCC that the right-of-way prevents joint use of affected proposed exemption Tots. Therefore, prior to deeming this application technically complete, a public meeting with the Board of County Commissioners (BOCC) will need to occur. The Applicants and the Applicant's representative will be notified of this public. • The letter from Burning Mountain Fire Protection District dated July 19, 2006 is out dated. It would be to your advantage to contact Orrin Moon to discuss this project and get feedback As part of this application, the County will be reviewing FPD comments and may request the implementation of water storage tanks, standpipes, and emergency access easements. • Prior to the recordation of the exemption plat water well easements are to be shown on the plat. • Additional information may be required after further review by staff and referral agencies. This office will not continue to process this application until the aforementioned deficiencies have been addressed. Should you have additional questions, do not hesitate to contact this office. Sincerely, Molly Orkild-Larson, AICP, RLA Senior Planner 970.625.5903 cc: File TUnorkild-larson120091MajoreLlots)_Exemption\MAEA_6232_Orr--Smith 2 • • Exhibits — Major (4 Lot) Exemption and Public/County Road Split - BOCC (01/18/2010) ' Y N'' ..--e:,,1---,;,k -** r" 11i.... s ?,� �.: I A'P.'YNiY.S. '«nom. ..+.rte, t.� SLI %a-FhsiJ ,.. ,... iS' 4+ us R,. '", k ..`' x9 .?F ,`A.,- �'t ��,� 1 . 1 fYv.3 A Garfield County Unified Land Use Resolution of 2008, as amended B Garfield County Comprehensive Plan of 2000, as amended C Staff Memorandum 0 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 GH Smith John Taufer and Associates, Inc. 6640 County Road 312 78.443 acres Individual Wells Individual Septic Disposal Systems County Road 312 Rural I. 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. • • L Town of New Castle 1 14147 • 1_19--'d 41-1 1 1 tryrtnd — :c. -!crier,.! N!epflyyIDML1 COD — s. - z+ter t7.73+r:. 6W Tref ts1i0 M11u+lF�[v��DCtit!�KKLL _! J 3 •�Cf iFa�{6 :, Rpt MM. • ;.1re= him" Orr/Smith Exemption 1,300 2,600 5,200 Feet 1 1 1 1 1 1 1 2 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 - Lookinci West 3 • • • • Orr -Smith Subdivision Exemption Plar .4 tract of land being a portion of the Si/ 2SE1/4 of Section 30 Township 6 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado fieri fl4 �r .14 • I SNnCn, Inc. :.oma . ,.- 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