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BOCC 8t8194
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:Subdivision Exemption
APPLICANT:Paul and Calvin Cox
LOCATION:A parcel of land located in a portion
of Section 20, T65, R88W; Located
approximately three (3) miles up
County Road l15, eastof Glenwood
Springs.
SITE DATA:9J82 acres (exemption parcel)
ITATER:Well
SEWER:I.S.D.S.
ACCESS:County Road 115 (Rd Canyon Road)
EXISTING ZONING:A/R/RD
ADJACENT ZONING:A/R/RD
L RELATTONSHIP TO THF COMPRFHENSIVF PT AN
The subject property is located in District C - Rural Areas Moderate Environmental
Constraints as shown on the Garflreld County Comprehensive Plan Management
Districts Map.
U. FFSCRIPrIION OF rHE PROPOSAT.
A.Site Descrintion: The subject parcel is located on the north side of County Road
115, in the spring valley area. The area has been used historically for
agricultural uses. No dwelling units are currently located on the exemption
parcel. A vicinity map is shown on pagE l0 '.
Request: The applicant is requesting to split the 9.182 acre parcel frg4p the body
of the ranch. A sketch plan of the proposed is shown on page . I l' .
III. MAJOR ISSUES ANN CONCERNS
Section 8: I 0 (Applicability-Exemptions) states that the Board has discretionary
authority to except a division of land from the deflrnition of subdivision.
Following a review of the facts of each application, the Board may approve
conditionally or deny an exemption request. The Board may not grant an
exemption unless the applicant can demonstrate compliance with 2ening, legal
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access, adequate water and sewer, state environmental health standards,
nffi ssary road and drainage improvements, fire protection, adequate easements
and school impact fees.
F-emntion Criteria. Section 8:10, states that the Board may approve a total of
four (4) lots parcels, interests or dwelling units, as that parcel was described in
the records of the Garheld County Clerk and Recorder's olfice on January 1,
1973. Section 8.52(A) allows any parcel split by a County Right-of-Way to be
created through the exemption process, independent of the status of the parent
parcel. In 198 !, the Cox's were granted an exemption to create two parcels from
the body of the ranch, creating a total of three parcels from the original 250+
acre ranch. '
Theproposed exemption parcel is divided from the body of the ranch by County
Road I 15, consistent with Section 8.52(A). Based on past County policies, only
one additional parcel can be created through the exemption parcel.
Water and Sewer. The applicant has applied for a well permit for the exemption
parcel. The State Engineer's Oflice has reviewed the application, and has
approved a well for the parcel, however no outside irrigation will be allowed (see
ietter onpug"'-lJlt
Sewage disposal willbe handled by ISDS. Predominate soils on the site based
on SCS soil profiles include Almy Loam (#7) and Emedrado Loam (#35). These
soil types are con'sidered to have moderate to severe constraints for ISDS.
Natural Hazards. The site is not identified as have soil, slope or ISDS
constraints by the Lincoln-Devore Hazards Mapping. Therefore, no plat notes
or conditions of approval are necessary.
The deed submitted with the application indicated that two ditches are on the
property, however it appears that these ditches are located south of the County
Road. If this is the case, no plat notes or additional easements are necessary.
IV. SUGGESTED FINDINGS
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2.
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5.
I Theproposal isin generalcompliance with the Garlield County Comprehensive
Plan and the Garfield County Zonrng Regulations.
The proposed land use would be consistent and compatible with the existing
surrounding land uses.
3.The proposal is in best interest of the health, safety, morals, convenience, ordeE
prosperity and welfare of the citizens of Garfield County.
V. RIICOMMENTTATION
APPROVAL, subject to the following conditions:1. All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the applicant.
The applicant shall have 120 days to complete the required conditipns of
approval. Extensions of 120 days may be granted by the Board for a period of
up to one (l) year.
2.
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The applicant shall submit $200 in School Impact Fees, prior to the siguing of
an exemption plat.
A final exemption plat will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, ac@ss to a public right-of-way, and any proposed easements for
drainage, irrigation, access and utilities.
A driveway permit, if necessary, shall be obtained from the Road and Bridge
Department prior to signing of a final plat.
6. Control of noxious weeds is the responsibility of the property owner.
7. USFS Wildfire Protection Guidelines shall be followed for all structures.
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The following plat notes shall be shown on Final Plat:
1. The well permit for this parcel does not allow any outside irrigation.
All construction shall be consistent with USFS Wildfire Prevention
Guidelines.
2.
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STATE
',i..i. It-:' iI.-r. ii
OF,
OTTICE C,F T}IE STATE INClNEER
Division of Water Re$outces
lJepartnrent ol N,rttlral Resotrtces
tlll Shqrrtlon Street, Rtxtm lJlB
lJr:nvur, Cr.rltrrado 80201
Phone (lo3l lJ66'1581
l,AX 1.10]) 866,3589 July 28, 1994
Mr. Dava Miclraelson, Planner
Garlleld Counly Building and Plannlng
1Og 8th Street, Suite 303
Glenwood Springs, GO 8160.|
tld
cc: Orlyn Bell, Dlvlslon Englneer
Joe Bergqulst, Water Commlssloner
cox.sub
Roy Romet
Cor,etnot
lamcc 5. Lochhcad
[recutiw l)irt(lor
Hal D. StmFon
Strtc [,n8lncot
FtE: Cox Subdivislon ExemPtlon
sw 1/4, sw 1/4, secrtlon 20, J- 6 S, R 88 W, 6th P.M.
Water Divlsion 5, Water Distrlct 88
Dear Daver
We are ln recelpt of your subdivision exemption rolerral for a 9,182 acto parcel localed o.n
Bod Canyon Fload 1bn r 1,01, east ot Glenwood Sprlngs. The applicant ls proposing to split tltis
parc6l lrorn a targei ranch [roperty. The proposed water suppty for the new parcol will be att
on-slte well.
Tlre Colorado Ftlver system and its tributarles at this locatlon aro ovor-approprlated. As
such, well permlts appllcaltins ln new pubdivlelone must be evaluated to determlne lf other water
rlghts would be lnlurbd conslderlng the cumulatlve eflect ot all proposed wells. lt is likely that
in many clrcumstances well pcrmits could not be issued by our ottice wlthout a watsr court
approv|d phn for augmentatlon. Howover, undor curront statutes, it the Garlleld Board ol
County Commlsstoner; approves thls spllt by exemptlon as dellned ln Ssctiorr 30-28-101(10)(d)
C.n.S.; our ollice must evaluate the well peimlt appllcatlons as lf the dlvlslon of land occurred
prlor to June 1 ,1972. .1.
Under current laws, Sectiorr 37-92-602(3Xb)(ll)(A) C.H.S., and hydrologic condltlons, lt
appoars that our ofllce could in thlq circumstanco approve a woll permit for ordinary household
puiposes inside one slngle-family dwolling provlded that the well would be (lto only well on the
b.tOZ acro parcel, return llow would be to the Eame stream system ln whlch the well ls located
vla a non-evaporatlve dlsposal system,.and that evldence ls eubmltted showlng that the County
has approved thu parcol as an exemption. Absolutely no outside uses, including lrrigatlon and
the watering ol anlmal$, are allowed under thls type ol permlt.
Slroulcl you have any questions regar<Ilng the water supply lor this project, please contacl
lhis oflico.
$lncerely
fuD"4-
Jeff Deatherage
Water Resource Enginoor
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