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HomeMy WebLinkAbout2.0 Staff Report BOCC 06.06.05Exhibits for BOCC 06106105 A Proof of Mail Receipts and Postins B Proof of Publication C Garfield County Zonins, Regulations of 1978 D Garfield County Subdivision Regulations of 1984, as amended E Application Materials F Staff Memorandum /^O , */-' nrL j/o .- |/tn REOUEST APPLICANT REPRESENTATTVE PROPERTY LOCATION ACCESS EXISTING ZONING PROJECT INFORMATION BOCC 06106t05 FJ AND STAFF COMMENTS Exemption from the Definition of Subdivision (Correction Plat) Richard and Karen Rhoades Stuver, LeMoine & Burwell Practically located as 441 CR 233. County Road 233 A/R/RD REQUEST The Applicant requests the Board of County Commissioners (the Board) authorize the Chairman to sign an amended Exemption Plat (Plat) for a property owned by Richard and Karen Rhoades. tr. GENERALBACKGROUND As you may recall, on January 6,2003, the Board approved an Exemption from the Definition of Subdivision for a property owned by the Applicant with conditions. This approval allowed the Applicant to create a total of 4 lots thereby exhausting their ability to obtain any additional lots by way of the County's exemption process pursuant to Section 8:52(A) of the Subdivision Regulations of 1984, as amended. Subsequently, the Applicant satisfied the required conditions of the approval and then the Board signed the Exemption Plat and Resolution of Approval on July 21, 2003. u.SPECIFIC BACKGROUND FOR AMENDMENT In May, 2003 (2 months prior to the signing of the Exemption Plat), the Applicant transferred a 5- acre parcel to the City of Rifle for a park (the Park Parcel). The deed was drafted as a transaction "in lieu of condemnation". While the transfer of the Park Parcel was statutorily possible and exempt from any county subdivision regulation; it is still considered to be counted as 1 of the 4 possible exemption lots allowed to be created from 1 parcel as it existed in 1913 pursuant to Section 8:52(A) of the Subdivision Regulations of 1984, as amended. As a result, 5 lots were created from the parent parcel rather than 4. As a practical matter, this appears to be a timing issue. Specifically, if the exemption request was considered after the transfer of the Park Parcel to Rifle, the Applicant would not be entitled to all of the parcels that were originally approved in January of 2003. Conversely, if the transfer to Rifle had occurred after signature and recording on the exemption plat, the County simply would not be involved in this issue, as the transaction to Rifle is a statutory, not a County-created, exemption. Staff brought this issue to the Board on January l4'h,2OO4 and the Board agreed that the Applicant should submit an "Amended Exemption Plat" to the Board that accurately represents and legally describes all of the lots that have been created by exemption. IV.APPLICABILITY Section 8:10 provides the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. V. STAFF RECOMMENDATION Based on the fact that if the transfer of the Park Parcel occurred after the signing of the Plat by the Board, the County would not have become involved in the issue and since the Park Parcel has subsequentlybeen annexed into the City of Rifle thereby falling outside of Countyjurisdiction, Staff recommends the Board of County Commissioners APPROVE this application for the requested amendment to the Rhoades Exemption Plat. VL RECOMMENDED MOTION I move the Board APPROVE the request to amend the Rhoades Subdivision Exemption Plat which reflects the transfer of the Park Parcel to the City of Rifle with the following findings listed below That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 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. That for the above stated and other reasons, the proposed exemption from the definition of subdivision has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application has met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. 1. 2. J. 4.